Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

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

Vol. 158 WASHINGTON, TUESDAY, JULY 24, 2012 No. 111 House of Representatives The House met at 10 a.m. and was Who will operate these drones, and drones. This bill will ensure the pri- called to order by the Speaker pro tem- what will be their mission? Could it be vacy of private citizens is protected by pore (Mr. RIVERA). a suspicious government agent who establishing guidelines about when and f thinks someone looks kind of funny? for what purposes law enforcement The EPA bureaucrat to monitor some- agencies, private citizens, and busi- DESIGNATION OF SPEAKER PRO body’s farm and watch Bessie the cow nesses can use drones. TEMPORE graze in the pasture? Or a nosy neigh- I repeat: This bill will ensure the pri- The SPEAKER pro tempore laid be- bor who wants to make sure someone’s vacy of private citizens, that it is pro- fore the House the following commu- shutters are pretty and the flowers tected by establishing guidelines about nication from the Speaker: don’t violate the homeowners’ associa- when and for what purposes law en- WASHINGTON, DC, tion rules? Or could it be a legitimate forcement agencies, private citizens, July 24, 2012. and lawful and legal purpose of drones and businesses can use drones. I hereby appoint the Honorable DAVID RI- that doesn’t violate the right of pri- VERA to act as Speaker pro tempore on this First, it would prevent the FAA from vacy? issuing a permit for the use of a drone day. These are the kinds of situations to fly in United States airspace for law JOHN A. BOEHNER, Americans face as we enter this un- Speaker of the House of Representatives. enforcement purposes unless it is pur- charted and unprecedented world of suant to a warrant and in the inves- f drone technology. tigation of a felony. This would apply MORNING-HOUR DEBATE Congress has the legal obligation to to State, Federal, and local jurisdic- The SPEAKER pro tempore. Pursu- ensure that the Fourth Amendment rights of private citizens are protected tions. The warrant exceptions and exi- ant to the order of the House of Janu- gent circumstances rules that are al- ary 17, 2012, the Chair will now recog- in this new ‘‘drone world.’’ You see, Mr. Speaker, the Fourth Amendment says ready the law of the land would be the nize Members from lists submitted by this: same as those that are applicable in the majority and minority leaders for the State, Federal, or local jurisdiction morning-hour debate. The right of the people to be secure in their persons, houses, papers, and effects where that surveillance occurs. The Chair will alternate recognition against unreasonable searches and seizures It would also prevent the FAA from between the parties, with each party shall not be violated. No warrants shall issue issuing a permit to any private indi- limited to 1 hour and each Member but upon probable cause, supported by oath vidual for the use of a drone for the other than the majority and minority or affirmation, and particularly describing surveillance of a U.S. citizen or the leaders and the minority whip limited the place to be searched and the persons or property of a U.S. citizen unless that things to be seized. to 5 minutes each, but in no event shall person under surveillance has con- debate continue beyond 11:50 a.m. The Fourth Amendment limits gov- sented or the owner of the property has f ernment intrusion into our lives. The consented. There may be some other Constitution limits eavesdropping, lawful exceptions as well. THE DRONES ARE COMING snooping, and spying on American citi- The SPEAKER pro tempore. The zens. While there are some legitimate Lastly, this bill would ensure that no Chair recognizes the gentleman from uses for drones domestically, such as evidence obtained from the use of a Texas (Mr. POE) for 5 minutes. monitoring forest fires and floods and drone may be used at an administra- Mr. POE of Texas. Mr. Speaker, for hurricanes, tracking an escaped bank tive hearing. years, the United States has used robber, and other law enforcement Americans expect their constitu- drones to track terrorists overseas, uses, it is up to Congress to limit their tional rights will be protected at any catch outlaws along the border and use so that the Fourth Amendment and time in our history or our future, so other lawful purposes—but now, thou- the right of privacy are protected. Congress must decide when drones can sands of drones are heading to the That is why I am introducing the and cannot be used in order to ensure homeland. The FAA plans to allow the Preserving American Privacy Act. constitutional safeguards. This deci- expanded use of drones to operate na- Now is the time for Congress to act, sion cannot be left up to government tionwide by the year 2015. It is esti- not in 2015. With the increased tech- agencies, special interest groups, or mated, by 2020, 30,000 of them will be nology of surveillance, Congress has to others. Mr. Speaker, technology may flying in American skies. be proactive in controlling drone use to change with time, but the Constitution Yes, Mr. Speaker, the drones are law enforcement and also in protecting does not. coming. civilians from the private use of And that’s just the way it is.

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 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.000 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5134 CONGRESSIONAL RECORD — HOUSE July 24, 2012 THE NEAR COLLAPSE OF THE companies—yet it regularly does and in cies. We also have passed rules that ECONOMY: AVOIDING A REPEAT the form of burdensome and costly reg- would discourage any regulation that PERFORMANCE ulations. We all share in the responsi- will have an annual impact of more The SPEAKER pro tempore. The bility to find the balance of making than $100 million, resulting in major Chair recognizes the gentleman from sure employees have the safest working increases in costs and prices, or impose Oregon (Mr. BLUMENAUER) for 5 min- conditions possible while allowing a significant negative effect on com- utes. them to have a job to come back to petition and jobs. Mr. BLUMENAUER. There is plenty every day. Burdensome, onerous regu- This week, we’ll vote on H.R. 4078, of blame for the near collapse of the lations place such a heavy toll on busi- the Red Tape Reduction and Small economy over the last 5 years—greedy, nesses that hiring slows and they are Business Job Creation Act, which even criminal business behavior, lax or forced to start cutting from their would prevent any Federal agency from nonexistent oversight with regulators workforces. taking a significant regulatory action until employment has reached 6 per- asleep at the switch. Clearly, there b 1010 were some reckless consumers and a cent or less. House Republicans remain Part of protecting employees’ jobs is committed to growing the economy failed political system. But as instruc- making sure that the business they tive as the postmortem might be, it’s and requiring congressional approval work for is still able to grow and create for any regulation that has significant more important to avoid a repeat per- more good-paying jobs for those in formance. impact on the economy or burdens Michigan and across the country. small businesses and costs jobs. What should we do? I would suggest Over the course of this Congress, I we simplify, regulate, and prosecute. We must stop allowing unelected bu- have had the opportunity to speak with reaucrats to enact job-killing rules Let’s begin by reinstating the Glass- numerous small businesses, owners, Steagall, Depression-era bank regula- with no checks or balances. By pre- and workers who state unequivocally venting these kinds of job-hindering tion that helped promote stability in that they’d rather Washington hand that industry. It would be a small step proposals, we can give job creators out less regulations and more cer- more certainty about what rules they in the right direction, a signal that the tainty. According to a Chamber of era of deregulation, unfettered, is at an can expect. Small businesses are our Commerce small business outlook sur- country’s real job creators, creating end. I hope we can move to perform- vey from earlier this year, nearly 80 ance-based regulation. The Dodd-Frank seven out of every 10 jobs. percent of small businesses say taxes, To protect these jobs and our country bill had many important and valuable regulations, and legislation make it and Michigan, I’ll continue to fight for features, but I fear that it is at risk of harder for them to hire. That’s because less red tape here and in Washington, becoming a bureaucratic nightmare. small businesses are forced to pay on and more jobs in our homeland. We do need to regulate. The cozy, average $10,000 per employee per year f light-touched, gentle—some would say in order to comply with excessive regu- diffident—approach that assumes that lations. The Small Business Adminis- TRIBUTE TO KATHLEEN ‘‘KATHI’’ the gentle people in the financial in- tration has reported that when added WILKES dustry will self-police must be a thing up, those costs amount to $1.75 trillion The SPEAKER pro tempore. The of the past. We should provide the var- annually, which is enough money for Chair recognizes the gentlewoman from ious regulatory authorities with ade- businesses to provide 35 million private Texas (Ms. JACKSON LEE) for 5 minutes. quate staff and budget. We should pay sector jobs with an average salary of Ms. JACKSON LEE of Texas. Mr. them properly so that they aren’t a $50,000 per year. Speaker, these are tasks that we often training ground to be hired away for Mr. Speaker, truly, the price of red do not find welcoming. I rise this much higher salaries by the industry tape is the loss of American jobs. Be- morning to pay tribute to a public they’re supposed to regulate. We cause of these regulations, the United servant among us, someone who served should have high expectations that States is also losing its competitive in this House as a staff person, a chief they will do their jobs, and then we edge. According to the ‘‘Global Com- of staff in my office. I rise this morning should back them up and not undercut petitiveness Report’’ for 2011–2012, the to pay tribute to Kathleen ‘‘Kathi’’ those efforts. U.S. fell to the fifth most competitive Wilkes, whose memorial service will be Finally, we should prosecute. Send- economy in the world. It is down from held this afternoon, July 24, 1:30 p.m., ing people to jail will send a message. second place when President Obama at the Alfred Street Baptist Church in All of the people in American prisons took office in 2009. The reason stated Alexandria, Virginia. collectively have not stolen as much by the report: more burdensome regu- Kathi died suddenly last Saturday. with guns as the American public, our lations. The good news is that so many of her pension funds, our businesses lost in I ask my Big Government colleagues: friends were able to fly in, as I was able the near meltdown of the economy. What’s wrong with being number one? to do from Houston, and to be with her Every time somebody illegally profits Regulations are important, and busi- in those waning hours. One can always from a financial transaction, somebody nesses should be held accountable for ask the question why, and there is no else loses. Crooks, whatever the color the safety of their employees. But how explanation for someone so full of life, of their collars, should be held account- much is too much? So far this year, the so ready to serve, so willing to help, to able. Federal Register has run more than lose their life so suddenly, even as she To make this happen, the public 40,000 pages of regulations that range was so active the week of her death. needs to focus some of their frustration from burdensome to downright ridicu- Kathi had a wonderful history of to make this an issue in the election. lous. It contains such provisions as coming from Ohio, touching down in At a time when politicians and special multiple hospital claim reimbursement Pennsylvania, in Houston, and Wash- interests are making strange and out- codes for injuries caused by parrots and ington, D.C. How often can what we rageous noises, here is a real issue for burns from flaming water skis. We need call a ‘‘civilian’’ touch the lives of so them to address. regulatory reform that cleans up the many States and so many people? f system, removes duplicative regs, and Kathi pulled herself up by her boot- wipes out burdensome and excessive straps, supported herself, and became a REGULATORY REFORM: FINDING A rules. nurse. As she was so good at nursing as BALANCE My Republican colleagues and I in well, she continued to nurture people, The SPEAKER pro tempore. The the House have passed dozens of bills to maybe in the spirit of Florence Night- Chair recognizes the gentleman from pull back the government’s regulatory ingale. Michigan (Mr. WALBERG) for 5 minutes. arm. We passed the Regulations From That was not enough for Kathi. She Mr. WALBERG. Mr. Speaker, for the the Executive in Need of Scrutiny, or continued to put herself through school record, America’s businesses and REINS, Act which would require both and ultimately graduated and became a innovators do not need the administra- Congress and the President approve all lawyer. That brought her to Houston, tion mandating how they run their major rulings created by Federal agen- Texas, working for one of the major

VerDate Mar 15 2010 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.011 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5135 corporations there, but it brought her course, her granddaughter and her have a debate about Afghanistan, it’s a into my life so many years ago. There, many relatives and many friends. We few Republicans and a few Democrats she was a light as well, interested in have lost a good friend, but I can see who stand up. And we might get 10 helping and befriending not only my her now taking wings. minutes, but that’s about all. Ten min- husband and myself, but my two little Farewell, my good friend. You have utes? We are spending $10 billion a ones, Erica and Jason. Boy, did they served well and made us proud. More month; young men and women are los- have a buddy in Kathi Wilkes. She importantly, you have given of your- ing their legs and arms. And 10 minutes loved to do things that children much self. May you rest in peace. is all we’re going to debate the policy smaller and much younger than herself f in Afghanistan? That, in itself, is enjoyed. She was just a fun-loving per- crazy. b 1020 son. Then, of course, she traveled to In this article, it further states: places around the world embracing AFGHANISTAN The American Embassy here has been an- friends. The SPEAKER pro tempore. The other source of objection to the mass-graves As she came back to Washington, Chair recognizes the gentleman from report. American officials say releasing the D.C., to become the chief of staff in the North Carolina (Mr. JONES) for 5 min- report would be a bad idea, at least until 18th Congressional District, what a utes. after Afghanistan’s 2014 Presidential election light she was in the office, bringing in Mr. JONES. Mr. Speaker, last Satur- is complete. great talent and other young people day, I had the privilege to speak to This has been a failed policy. It who were nurtured, counseled by her, well over 200 retirees. Many of the re- should have stopped after Mr. Obama tutored, and made great. Then, of tirees are veterans of our previous wars got bin Laden. The reason we went into course, what a partner in legislation. for this country. They wanted me to be Afghanistan was to get bin Laden and She was there through the ups and there with them to discuss sequestra- al Qaeda which was responsible for 9/11. downs of the 1990s, through the im- tion, their benefits, and what do I Well, he is dead now; al Qaeda has been peachment proceedings, as I was a think is going to happen, which I could disbursed all around the world. It is member of the House Judiciary Com- not honestly tell them. And none of us time to stop this failed policy in Af- mittee. Through all these tough times, really seem to know until we get back ghanistan. Kathi was there. after the election in November. And I will say to the embassy that Then we were able to do something But, Mr. Speaker, when I spoke to does not want this report out, Why? quite great, if I might say so myself. this group of retirees, I took this post- Why do you continue to play this game This House was built by slaves, the er down, and I had it on a stand like with the American young men and Capitol of the United States of Amer- this one. It says: ‘‘Funding the Enemy: women who give their lives and limbs ica. But as we looked around a few How U.S. Taxpayers Bankroll the in Afghanistan? Why won’t you be hon- years past, there were no statues of Af- Taliban.’’ And I told these veterans est with the American people and Con- rican Americans, less an African Amer- that it was time to get our troops out gress and say, Bring the troops home; ican woman. I passed legislation, along of Afghanistan. It was time to stop stop spending money we don’t have. with then-Senator Clinton, to place a sending money to a corrupt leader The money is actually borrowed from statue of Sojourner Truth in this named Karzai and time to bring the China, Mr. Speaker. We owe China $1.3 House. Sojourner Truth was a person troops home and spend the money here trillion. We can’t pay our own bills. who had been an abolitionist, a suffrag- in America on our own people and Yet we’re going to borrow the money ette, a slave, a mother of 13 children, guarantee the benefits for our vet- from China to send to a corrupt leader who had seen most all of them sold erans, which they have earned. named Karzai in Afghanistan. And, Mr. into slavery. Mr. Speaker, I got a strong applause Speaker, the subtitle of this book, Kathi worked without ceasing to en- from those people, who have served ‘‘How U.S. Taxpayers Bankroll the sure that that statue was sculpted, this Nation, and their spouses. This Taliban’’—it’s the Taliban that are that we had the opportunity to place it took place in Jacksonville, North Caro- killing Americans. historically in the United States Con- lina, which is in my district. The Camp Mr. Speaker, in closing, I will ask gress, and it was honored with 2,000 LeJeune Marine base is in my district. God to please bless our men and women people coming to see the placement of And many of these in attendance in uniform. the Sojourner Truth statue having served in the Marine Corps, the Navy, a f then-Secretary Hillary Clinton and few in the Air Force. And they agree ASSAULT WEAPONS BAN First Lady Michelle Obama and, of with me, it is time to stop spending course, the Speaker, NANCY PELOSI, money, digging a hole that has no end The SPEAKER pro tempore. The present. What a wonderful day and oc- to it, known as Afghanistan. Chair recognizes the gentleman from casion and tribute to the hard work of Mr. Speaker, in a critique on this Georgia (Mr. JOHNSON) for 5 minutes. Kathi Wilkes. book, ‘‘Funding the Enemy,’’ I read one Mr. JOHNSON of Georgia. Mr. Speak- It is befitting that I rise today to ex- of the most candid behind-the-scenes er, today I rise to express my heartfelt press the deep pain that so many of us examples of war reportage. This book sorrow and condolences to the victims feel, friends from all around the world contains a host of voices that spell out and their families and the community even, but certainly in this Nation. the chaos and mayhem of America’s of Aurora, Colorado, a great tragedy. Friends, as I said from Ohio, to Penn- longest war. Words are inadequate to describe it. sylvania, to Washington, D.C., to Mr. Speaker, it is a no-win situation. And it’s certainly a reminder to every- Texas, many of whom will be able to I’m a history major from college, but one that no time is promised to any of come today, others of whom will cele- I’m not an expert on history. But in ev- us. And we never know what will hap- brate her in Houston and in Ohio. One erything I have ever read about Af- pen in the next second or the next may ask why she is deserving of such. ghanistan, the end is always the same. minute or the next hour and certainly In the backdrop of such terrible trage- No nation has ever gone to Afghanistan the next day. So we give praise that we dies that have faced us in Aurora and and changed anything, nothing at all. were able to wake up this morning, places around the world, as we mourn And, Mr. Speaker, speaking of may- come to the floor of the House and talk the loss of so many in the occurrence hem, yesterday in The New York about an issue that is going to take a of last Thursday, I stand here today to Times—and I will quote the article— lot of time to heal. say that I know that if Kathi Wilkes the title of the article is ‘‘Top Afghans But while we are healing, we have were alive today, she would be some- Tied to Nineties Carnage, Researchers work to do in this Congress. You see, where trying to help, to nurture, to as- Say: Activists Say Powerful Figures the assault weapons ban, in place for 10 sist my office, to be of help, even as she Are Blocking 800-Page Report’’ of car- years, expired in 2004. And after the ex- is no longer a chief of staff, but really nage in the nineties by many of those piration of the assault weapons ban, a former chief of staff. that are leading Afghanistan today. it’s been open season. That is simply the way Kathi Wilkes I don’t know why there is not more Now, I know that there are people is to her mother, her son, and, of outrage from Congress. Anytime we who hold the Second Amendment dear.

VerDate Mar 15 2010 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.020 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5136 CONGRESSIONAL RECORD — HOUSE July 24, 2012 And it is established clearly in law States Steel Fairless Works in Bucks Mr. DREIER. Mr. Speaker, I rise to that citizens have a right to bear arms. County, Tony’s story is the story of my discuss an issue which I hope we will be Beyond that, the Constitution is silent. hometown of Levittown, Pennsylvania, addressing in the coming days. So it leaves it up to us to address a town of dignified and hardworking There is a great deal of confusion issues concerning the reasonable regu- people. about the possibility of our passing lation of that right. Should we not Tony Melio was a man who built his PNTR for Russia. Some are laboring have any regulations, or should we political career on bringing the com- under the impression that this is a re- have regulations that are reasonable? munity together with his contagious ward to Vladimir Putin and Russia; Now, I just heard some of my col- smile and his warm personality. He em- and, in fact, the opposite is the case. leagues on the other side of the aisle bodied the spirit of public service dur- We know that Vladimir Putin—in fact, talking about the numerous bills that ing his time in Harrisburg. As the peo- many people say they look at him and we will be considering this week having ple’s representative from Lower Bucks what they are reminded of is the KGB. to do with stopping regulation in its County, Tony carried out his duties We know that Vladimir Putin, accord- tracks in all areas, whether or not it be with dignity and perseverance. His ing to many reports, is attempting to child safety, food, drugs, car safety, commitment to his family and his reassemble the former Soviet Union. whether or not it be air, water, food, community were the hallmarks of his We know that he has grossly violated drugs. I have heard talk that regula- service. human rights. We know that they have tions stop jobs from being created. A man of great faith, Bucks County a massive bureaucracy, crony cap- That is one that I disagree with; but has lost one of its most well-respected italism, and a very corrupt court sys- nevertheless, we will be considering it and beloved public servants in Tony tem. That’s why, Mr. Speaker, it is today. Melio. I, like so many, had the privi- very important for us to make sure lege of calling Tony a friend and a that we pass Russia PNTR. b 1030 neighbor, and my thoughts and prayers According to The Wall Street Jour- But there are some regulations gov- are with the Melio family in this dif- nal in an editorial last week, they erning the affairs of people that are ficult time. made it clear, Vladimir Putin does not reasonable, and that includes restric- I thank the United States House of want to us to pass the Magnitsky Act, tions on who can bear arms and what Representatives for stopping to remem- which is part of PNTR, and they go on kind of arms they can bear. To say that ber this dignified public servant this to say that he probably would be just we should have no regulations on weap- morning. as happy if we did not have PNTR. ons, particularly weapons of mass de- f Why? Because based on overwhelming struction, to me is unwise. I don’t un- DEVELOP AMERICA’S ENERGY votes that took place in the last 2 derstand why someone who has a gun RESOURCES weeks in the Russian Parliament, in in their home for protection needs to The SPEAKER pro tempore. The the Duma, the lower house, and the have a magazine that is capable of Chair recognizes the gentleman from Federated Council, the upper house, rapid fire, a hundred rounds in a couple Pennsylvania (Mr. THOMPSON) for 5 overwhelming votes, Russia is going to of minutes or in a minute. I don’t un- minutes. become a member of the World Trade derstand why someone needs that kind Mr. THOMPSON of Pennsylvania. Organization. I personably believe of firepower to protect their home. Mr. Speaker, President Obama con- that’s a good thing. It will take a great I know people love to go hunting. I, tinues to pursue an energy agenda that step in the direction of forcing Russia myself, will one day have the oppor- is contrary to his all-of-the-above rhet- to live with a rules-based trading sys- tunity to do that. I have never done it oric. There is no better example than tem, to address those issues of crony before, but I respect those who wait his administration’s recently released capitalism, a corrupt court system, and until hunting season begins on their 5-year offshore leasing plan. a massive bureaucracy. particular prey of choice. They exer- According to the nonpartisan Con- But, Mr. Speaker, having said that, I cise that right and get a lot of joy and gressional Research Service, the plan think it is important to note that satisfaction out of it, and also bring proposes a mere 15 lease sales over the we’ve seen action taken here in the home some food. I can’t disagree with next 5 years, which is the lowest num- House Foreign Affairs Committee, the that, and we do need to cull our deer ber since 1980, when CRS began track- Senate Finance Committee, and we population and other populations. We ing that data. Instead of allowing the have seen a great deal of enthusiasm have reasonable regulations on that. development of America’s vast offshore focused on the Magnitsky Act. But you don’t need an AK–47 to go deer oil and gas resources, the plan effec- What is the Magnitsky Act? It is leg- hunting. tively imposes a moratorium on most islation that is named for Sergei My 5 minutes went by very quickly, development, a moratorium which Con- Magnitsky, who was a whistleblower but I think you all understand what gress lifted nearly 4 years ago. The who focused on basically corruption I’m saying. plan blocks drilling on 85 percent of the that existed within the tax reporting f Outer Continental Shelf. Effectively, system, basically, tax fraud. He reported on that, and he was imprisoned. HONORING PENNSYLVANIA STATE States which sought Federal approval He died in 2009. Mr. Speaker, what hap- REPRESENTATIVE ANTHONY will have to wait another 12 years be- pened, very sadly, according to most MELIO fore any production is possible. Under current law, Congress has a 60- reports, is that he was beaten to death. The SPEAKER pro tempore. The day review period to replace the Presi- Well, what does this legislation do? Chair recognizes the gentleman from dent’s plan. Last week, the House Nat- Something, again, Vladimir Putin Pennsylvania (Mr. FITZPATRICK) for 5 ural Resources Committee passed H.R. would be virulently opposed to. It actu- minutes. 6082, a plan that will allow more devel- ally penalizes anyone who was involved Mr. FITZPATRICK. Mr. Speaker, I opment of our energy resources. In- in those human rights violations rise today to honor the life and mem- stead of a moratorium of a none-of-the- against Sergei Magnitsky. So, Mr. ory of Pennsylvania State Representa- above energy policy, we should respon- Speaker, this is a good thing. And at tive Anthony Melio, who passed away sibly develop all of our resources for the same time in passing PNTR, we on Thursday afternoon. To his family, the long-term benefits of the American will say that the 140 million consumers friends, and neighbors, he was known people. in Russia will have access to goods and simply as ‘‘Tony,’’ ‘‘Pop Pop,’’ and Mr. Speaker, the American people de- services from the United States of ‘‘Uncle Tony.’’ In the Pennsylvania serve affordable and reliable energy. America. State capitol, he was known as a hard- f Under the measure that has passed working and honorable State rep- both houses of the Russian Parliament, resentative. PASS RUSSIA PNTR as I said, overwhelming majorities, it Having served his country in the The SPEAKER pro tempore. The will go into effect within the next cou- Naval Reserves and working as one of Chair recognizes the gentleman from ple or 3 weeks. What we need to do, Mr. the first employees in the United California (Mr. DREIER) for 5 minutes. Speaker, we need to recognize that the

VerDate Mar 15 2010 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.007 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5137 world will have access to that con- Flavors & Fragrances on their centen- 3:40 p.m., Officer Jacob J. Chestnut and sumer market. We need to create jobs nial anniversary. Detective John M. Gibson of the United here in the United States of America. f States Capitol Police were killed in the We need to open up that market for line of duty defending the Capitol RECESS U.S. goods and services. against an intruder armed with a gun. And so, Mr. Speaker, when this vote The SPEAKER pro tempore. Pursu- At 3:40 p.m. today, the Chair will rec- comes forward, don’t believe that this ant to clause 12(a) of rule I, the Chair ognize the anniversary of this tragedy is somehow a reward to Vladimir Putin declares the House in recess until ap- by observing a moment of silence in and the people who are leading Russia. proximately noon today. their memory. Accordingly (at 10 o’clock and 41 This, in fact, is a great benefit for f workers in the United States of Amer- minutes a.m.), the House stood in re- WELCOMING REVEREND BUD ica, businesses in the United States of cess. ROLAND America, and a benefit to the con- f sumers of Russia who will have access b 1200 (Mr. MCCAUL asked and was given to our goods and services. permission to address the House for 1 AFTER RECESS I want to congratulate, in closing, minute.) Mr. Speaker, my colleagues BILLY The recess having expired, the House Mr. MCCAUL. Mr. Speaker, I rise LONG and TOM REED, who, along with 71 was called to order by the Speaker at today to pay tribute to a good and de- other of the newly elected Members, noon. cent man, a man of God and a man of sent a letter that indicates strong sup- f faith, a man who has devoted his entire life to the service of his fellow man. port of this effort. PRAYER Father Bud Roland, whom we affec- f Reverend Bud Roland, St. John Neu- tionately call Father Bud, is our guest b 1040 mann Catholic Church, Austin, Texas, chaplain today and is the pastor of St. offered the following prayer: John Neumann Catholic Church in RECOGNIZING BELL FLAVORS & Good and loving God, we thank You FRAGRANCES Austin, Texas. for this day. We thank You for the gift A native of Amarillo, Father Bud was The SPEAKER pro tempore. The of public service. ordained a Roman Catholic priest in We ask for Your blessings on these Chair recognizes the gentleman from January 1999. He was inspired to con- women and men who serve on our be- Illinois (Mr. DOLD) for 5 minutes. vert to Catholicism by a loving and half. Grant them the wisdom to be Mr. DOLD. Mr. Speaker, I certainly generous man in Amarillo named Jor- humble in collaboration, the vision to want to echo the comments of the es- dan Grooms who also inspired scores of consider the needs of all American citi- teemed chairman from the Rules Com- others to go into the priesthood. zens, and the desire to protect our free- mittee about the effects the Russian I am thankful that this man im- PNTR is going to have for American dom as they provide for the common good. pacted Father Bud, who has gone on to businesses. It really is going to allow shepherd so many with great love and us to compete more on a level playing Direct their deliberations to be good leaders and guide them in fruitful dia- great leadership. Father Bud is re- field. vered, admired, and loved by all whose Mr. Speaker, I rise today also to rec- logue. May Your grace shine forth in all lives he has touched. It has been a ognize Bell Flavors & Fragrances of their proceedings. May they enact just great privilege to call him my pastor, Northbrook, Illinois, who tomorrow laws for our government, and may they and everyone who knows him experi- will celebrate their 100-year anniver- seek to preserve peace, promote na- ences the true message of Christ. In his sary on July 25. This is, indeed, a re- tional happiness, and continue to bring words, in his deeds and, above all, in markable achievement and something us the blessings of liberty and equality. his heart, his example is a beacon of that we should celebrate. Mr. James Amen. light which draws us all closer to the Heintz and his team at Bell Flavors & f Creator. Fragrances are innovating and selling I am reminded of Romans 8:28, which products that satisfy the needs of their THE JOURNAL says: customers. And their customers, Mr. The SPEAKER. The Chair has exam- We know that for those who love God all Speaker, are literally all over the ined the Journal of the last day’s pro- things work together for good, for those who world. Headquartered in Northbrook, ceedings and announces to the House are called according to His purpose. Illinois, Bell Flavors & Fragrances has his approval thereof. We are blessed, and the world is a sales offices in 40 countries around the Pursuant to clause 1, rule I, the Jour- better place because Father Bud was world and tailors its products to meet nal stands approved. called according to His purpose. the regional demands of its consumers. f f Bell is one of the many small businesses in my district that has utilized PLEDGE OF ALLEGIANCE ANNOUNCEMENT BY THE SPEAKER the Export-Import Bank. They’ve uti- The SPEAKER. Will the gentleman PRO TEMPORE lized it this year to support their ex- from Arkansas (Mr. CRAWFORD) come The SPEAKER pro tempore (Mr. port operations. As a member of the Fi- forward and lead the House in the YODER). The Chair will entertain 15 fur- nancial Services Committee and a Pledge of Allegiance. ther requests for 1-minute speeches on strong supporter of the Export-Import Mr. CRAWFORD led the Pledge of Al- each side of the aisle. legiance as follows: Bank, I’m proud that here in Congress f we were able to work together on a I pledge allegiance to the Flag of the broad, bipartisan basis to reauthorize United States of America, and to the Repub- RECOGNITION OF RETA HAMILTON the Export-Import Bank. So many of lic for which it stands, one nation under God, (Mr. CRAWFORD asked and was indivisible, with liberty and justice for all. our small and medium-sized businesses given permission to address the House rely on support of the Export-Import f for 1 minute.) Bank in order to more efficiently and MESSAGE FROM THE PRESIDENT Mr. CRAWFORD. Mr. Speaker, I rise effectively compete in the global mar- A message in writing from the Presi- today to recognize the leadership and ketplace. dent of the United States was commu- dedication Reta Hamilton has shown to Mr. Speaker, we don’t always spend nicated to the House by Mr. Brian the Republican Party of Arkansas and enough time, effort, or energy here in Pate, one of his secretaries. the Republican National Committee. Washington, D.C., celebrating business f Ms. Hamilton has made a lifelong com- growth and success. So today on behalf mitment to advancing conservative of the residents of the 10th District of ANNOUNCEMENT BY THE SPEAKER causes. Illinois, I want to congratulate the The SPEAKER. The Chair will re- Her career began as a volunteer in wonderful people who make up Bell mind the House that on July 24, 1998, at political activism in 1995; and she has

VerDate Mar 15 2010 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.009 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5138 CONGRESSIONAL RECORD — HOUSE July 24, 2012 gone on to hold positions, including the creating new jobs. This year alone, the great example of the patriotism and first vice chairman of the Republican Federal Register has published over dedication that we see throughout our Party of Arkansas, an appointee to the 41,000 pages of regulations that would Nation, and also to his profession. Governor’s Appointments Committee, cost $56.6 billion and result in paper- Forced to flee from the oppressive and a member of the National Commit- work that would take over 114 million Communist regime of Fidel Castro, Dr. tee’s Women’s Leadership Forum. wasted hours to complete. Beato began his new life and his career She served as a national committee- With record unemployment, it is in Miami. He then moved to San Anto- woman for the Republican Party of Ar- sadly clear that the President’s new nio, Texas, where in 1974 he was elected kansas since 2004; and as a member of taxes and policies are failing American vice president of the American Heart the national rules committee, she is families and destroying jobs. House Re- Association. In 1977, Dr. Beato moved able to influence party nominations publicans are focused on putting Amer- back to Miami, where he helped many and messages. icans back to work. As a result, we struggling young doctors who had Ms. Hamilton has been a delegate to have passed over 30 job-creation bills in moved to freedom in the United States. every Republican national convention the past year. Sadly, these bills remain He has received many awards, includ- since 1992. She is also a 2012 RNC con- stalled by the liberal-controlled Sen- ing a proclamation by the city of vention committee member. ate. Miami naming ‘‘Dr. Virgilio Beato Mr. Speaker, today I honor Ms. Reta This week, the House, led by KEVIN Day,’’ and a congressional recognition Hamilton for her commitment to our BRADY, will vote on the Red Tape Re- in 2006 for his many contributions to commonsense, conservative ideals and duction and Small Business Job Cre- the medical field. thank her for her service. ation Act and, once again, attempt to Congratulations to Dr. Beato on his f remove government red tape prohib- retirement, and I wish him all the best iting America’s job creators from in this new, exciting chapter in his life. VETERANS TRANSITIONING TO achieving economic success in creating CIVILIAN LIFE f jobs. I hope we can work together to MARKETPLACE EQUITY ACT (Ms. HOCHUL asked and was given support this legislation. permission to address the House for 1 In conclusion, God bless our troops, (Mr. WELCH asked and was given minute and to revise and extend her re- and we will never forget September the permission to address the House for 1 marks.) 11th in the global war on terrorism. minute and to revise and extend his re- Ms. HOCHUL. Mr. Speaker, exactly 2 marks.) f months ago, I was in Afghanistan Mr. WELCH. Mr. Speaker, retailing is breaking bread with our troops, and I b 1210 an important part of the American asked them, What is your biggest THINK BEFORE WE CUT economy. The Main Street retailers— worry? What keeps you awake at brick-and-mortar retailers—play an es- night? I thought it had to be the (Mr. COHEN asked and was given per- sential function of providing access to Taliban lurking in the nearby moun- mission to address the House for 1 stores in communities. They’re the en- tains. Well, it wasn’t. Their biggest minute and to revise and extend his re- gine of downtown revitalization. E- fear—and I heard this over and over— marks.) commerce retailers are emerging as a was the fear of coming back to this Mr. COHEN. Mr. Speaker, this week- very strong retailing force, providing country and not finding a job. end, the whole country was struck with convenience and low cost to con- At this point in our country, over 30 the tragedy in Aurora, Colorado. A de- sumers. percent is the rate of unemployment ranged individual murdered 12 citizens The challenge we face is having a for recently returning veterans from and wounded 58 others. level playing field between these two Iraq and Afghanistan. That is abso- My mind went back to the day that retailers. The way things stand right lutely unacceptable. We’ve taken some Gabrielle Giffords was shot—another now, if a State assesses a sales tax, steps in Congress. The tax credit for deranged individual. What it says to Main Street retailers have to collect it; employers is a good start, and I intro- me is we need to spend more money, e-retailers, more often than not, don’t. duced the VETS bill, which will help not less money, on mental health That’s not a level playing field for veterans receive professional certifi- issues. There are a lot of mentally dis- them to compete on a fair basis. cation for the training and skills turbed people out there who need men- There are two bills in the House to they’ve already acquired abroad. tal health treatment, and this Congress resolve this: the Main Street Fairness I also want to recognize that the VA has been cutting funds for mental Act and the Marketplace Equity Act. and DOD are recognizing that we need health and for clinics and for health Both I am a cosponsor of, with bipar- to do much more to help these individ- care. And we need more law enforce- tisan support. uals transition into civilian society. In ment and more protection. Fair is fair. We’re making progress fact, tomorrow we are having a joint There are cuts that can be made to on this. Just recently, the Governors hearing with the Armed Services and protect our country’s fiscal health, but from both parties attending the Na- Veterans’ Affairs Committees to ad- to protect our Nation’s physical tional Governors Association spoke in dress these matters. health, some funds need to be main- favor of the importance of updating As I told many veterans groups, we tained. Let’s think before we cut. Federal law so there will be this level didn’t get it right after Vietnam. We f playing field. And just this morning, in have to do so much more to help them Chairman SMITH’s House Judiciary CONGRATULATING DR. VIRGILIO I. reintegrate into society and help them Committee, there was a hearing on the BEATO NUNEZ heal their wounds. I say instead of just Marketplace Equity Act. giving them a thank-you, let’s give our (Ms. ROS-LEHTINEN asked and was Let’s bring this to the floor for a veterans a job. given permission to address the House vote. Let’s pass it. Let’s return fair- f for 1 minute and to revise and extend ness. her remarks.) f RED TAPE REDUCTION ACT HELPS Ms. ROS-LEHTINEN. Mr. Speaker, it CREATE JOBS is with great pride, admiration, and af- STOP THE TAX HIKE (Mr. WILSON of South Carolina fection that I rise to recognize Dr. (Mr. GUINTA asked and was given asked and was given permission to ad- Virgilio Beato Nunez, an outstanding permission to address the House for 1 dress the House for 1 minute and to remember of the south Florida medical minute.) vise and extend his remarks.) community, on his very well-deserved Mr. GUINTA. Mr. Speaker, I rise Mr. WILSON of South Carolina. Mr. retirement. today to add my voice to those calling Speaker, since the President took of- In his 69 years of medical practice, he attention to the harmful tax hikes that fice, his administration has enacted has improved the lives of countless in- could soon come our way. over 400 new government regulations dividuals and has enjoyed a career of With tax cuts set to expire at mid- limiting small business owners from many achievements. Dr. Beato is a night on December 31 of this year, the

VerDate Mar 15 2010 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.013 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5139 Obama administration wants some of going dry, and there are escalating feed This legislation requires the Comp- those taxes to increase. I think that costs that are hitting our producers troller General to complete an audit of that would inflict a body blow to our every single day. the Federal Reserve Board of Gov- economy and prolong this recovery. Our livestock producers undeniably ernors and of the Federal Reserve A recent study by the accounting take a great risk. They don’t have the Bank. Many of my constituents have firm Ernst & Young finds raising these crop insurance programs that many of been calling and writing and asking me taxes would cause the estimated loss of our commodity producers do have and for this significant new transparency of 700,000 jobs, wages would be reduced by that protects them and gives them a the Federal Reserve. I agree with them 1.8 percent, and our economy would safety net. That’s why our livestock on the urgent need for accountability. shrink by 1.3 percent. disaster programs are so important. This legislation is an important step My State of New Hampshire relies I was proud of the fact that I intro- forward in achieving that goal. heavily on small businesses; they are duced legislation that reauthorized I urge all of my colleagues to join me the backbone of our economy. This tax this bill’s programs earlier this year in supporting the Federal Reserve hike would hit small businesses espe- and that they were included in the Transparency Act. cially hard because at least 75 percent committee version of the farm bill that f pay their taxes as individuals. came through the House Ag Committee I think of the many job creators in earlier. That’s why it’s so important b 1220 my district, such as Hampshire Fire that we get our farm bill work done LOOK AT WHAT’S REALLY IN THE Protection in Londonderry. They face and that we bring it to the House floor AFFORDABLE CARE ACT enough challenges without Washington and have a vote so that our livestock imposing higher taxes and that burden producers truly can have a safety net (Ms. SCHAKOWSKY asked and was on their small business. With the Na- that our commodity producers already given permission to address the House tion’s unemployment at 8.2 percent, we enjoy. for 1 minute.) Ms. SCHAKOWSKY. Now that it’s the simply cannot afford to lose an addi- f tional 700,000 jobs. That is why I say we law of the land, it’s time for everyone INTERNATIONAL AIDS must stop this tax hike, Mr. Speaker. in the country to take a deep breath CONFERENCE and look at what really is in the Af- f (Mr. HEINRICH asked and was given fordable Care Act, ObamaCare. AMERICA LOST A TRUE HERO permission to address the House for 1 If you’re a senior citizen, you’re now (Mrs. DAVIS of California asked and minute and to revise and extend his re- receiving a 50 percent discount on was given permission to address the marks.) brand name drugs if you fall into what House for 1 minute.) Mr. HEINRICH. Mr. Speaker, this is called the doughnut hole, the Medi- Mrs. DAVIS of California. Mr. Speak- week, Washington plays host to the care prescription drug coverage gap. er, yesterday, we lost a true hero in International AIDS Conference, a con- If you’re a woman, you now have free Sally Ride. Dr. Ride was a constituent, ference that brings together activists, coverage of lifesaving preventive serv- and I recall my excitement in first scientists, and people living with HIV ices such as mammograms; and begin- meeting her years ago. to mourn those millions who have been ning on August 1, free coverage is At the age of 32, Sally K. Ride broke lost to that disease around this world going to include many additional pre- her first barrier when she flew on the but also to celebrate some very real ventive care services, so take a good space shuttle Challenger in 1983. She progress made against that disease. look at that. was the first American woman ever to HIV is no longer a death sentence for If you’re a parent, if you have chil- fly in space. But her journey didn’t end those who are diagnosed. That’s a very dren under age 19, they cannot be de- there. She went back to space in 1984, large accomplishment that the U.S. nied coverage by an insurance company and later on became director of the Government can claim some credit for because they have a preexisting condi- California Space Institute at UCSC, as through research at NIH, CDC, small tion. well as a professor of physics. things like the fact that the city of And if you’re a young adult, you can She was a trailblazer in every sense Washington can be host because the now stay on your parents’ health care of the word. She cracked open the door President’s administration lifted the plan until your 26th birthday, which is for women to enter the fields of science travel ban on people with HIV. really important if you don’t have a and engineering and helped inspire Mr. Speaker, there is also something job that has health insurance coverage. countless young girls to follow in her for us to learn. The Bush administra- And if you’re a small business owner, footsteps. I think of what it will mean tion—which I didn’t always agree like my son is, there are millions now to my granddaughter Jane to see her in with—also can take enormous credit of eligible small business owners that our history books. for PEPFAR, a program which saved are receiving tax credits if you choose Dr. Ride will be missed by all those millions of lives in Africa and Asia and to offer coverage to your employees. who knew her and all those whom she which earned us the respect and the So take a look. It’s really good for touched and will continue to reach love of people around this planet. We most Americans. with her courage, her determination, should learn from that, to work to- f and fearless spirit. gether to end this disease, to make MD ANDERSON CANCER CENTER sure that those with it are treated and f THE BEST IN THE WORLD that we prevent it and ultimately end FARM BILL it. That should be our goal. (Mr. POE of Texas asked and was (Mrs. NOEM asked and was given per- f given permission to address the House mission to address the House for 1 for 1 minute and to revise and extend minute and to revise and extend her re- FEDERAL RESERVE his remarks.) marks.) TRANSPARENCY ACT Mr. POE of Texas. Mr. Speaker, last Mrs. NOEM. Mr. Speaker, I wanted to (Mr. MARCHANT asked and was week I met with Dr. Loretta Williams, bring up a subject today that’s on the given permission to address the House an oncology nurse from MD Anderson minds of people all across this country, for 1 minute.) Cancer Center in Houston, Texas. For and this is the drought that is hitting Mr. MARCHANT. Mr. Speaker, I rise 30 years, Dr. Williams has provided so many people and our economy. today as an original cosponsor of the care to cancer patients, whether they I was recently in the northwest cor- Federal Reserve Transparency Act of have battled the disease for years or ner of South Dakota and had the 2011, authored by my colleague from they are just beginning that fight. I chance to drive all the way across the Texas, RON PAUL. I commend Congress- was impressed by her compassion and State and visit with producers and man PAUL for his years of diligence in her dedication. communities that have been hit so pursuing this issue. It has long since People like Dr. Williams are why MD hard. I’ll tell you the facts are clear. been time for the Federal Reserve to Anderson is the greatest cancer center We have feed shortages, stock dams are commit to an audit. in the world, named the top hospital

VerDate Mar 15 2010 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.015 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5140 CONGRESSIONAL RECORD — HOUSE July 24, 2012 for cancer care for the 6th year in a to them. We know their profits were duction will be up 11 percent, rivaling row. While its innovative cancer re- billions, tens of billions on the bailout the largest producer in the world, search is most impressive, dedicated they got. So it’s past time to audit the Saudi Arabia. and knowledgeable staff are the rea- Federal Reserve. Under this President, U.S. oil produc- sons why it remains the number one Today we’ll take up a bill, finally, tion and exploration are booming, center for cancer care. RON PAUL’s bill, to audit the Reserve. I while foreign oil imports are plum- It all starts at the top with Dr. Ron- strongly support it. meting. ald DePinho. Dr. DePinho is an impres- I also urge Members to support my The U.S. consumes 21 percent of the sive individual. His main motivation is bill, which would establish conflict-of- world’s energy but contains 2 percent to provide the best care possible to pa- interest rules for the Federal Reserve of proven oil reserves. That’s why it’s tients while conducting creative re- and take the two-thirds of the Federal so imperative we follow President search to dramatically reduce the num- Reserve that is controlled by Wall Obama’s lead and pursue multiple ber of deaths from cancer. Street banks, take those people off the sources of energy to meet our ever-ex- This year, MD Anderson will see its board and put citizen representatives panding needs. one-millionth patient since its doors who represent the taxpayers and the So to those who say, ‘‘Drill more,’’ opened in 1944. Each day lives are for- consumers of the United States, not President Obama can respond, ‘‘We ever changed by the staff and the vol- the big banks, on that board. have, Baby, we have.’’ unteers who are tenaciously deter- f mined to stop cancer. f KEEP TAX RATES LOW FOR And that’s just the way it is. MIDDLE CLASS AMERICANS b 1230 f (Ms. HAHN asked and was given per- KEEPING OUR WATERS HEALTHY mission to address the House for 1 EXTEND MIDDLE CLASS TAX CUTS AND FREE OF INVASIVE SPECIES minute.) (Ms. HANABUSA asked and was IS A FEDERAL RESPONSIBILITY Ms. HAHN. Mr. Speaker, yesterday given permission to address the House (Mr. HIGGINS asked and was given the Government Accountability Office for 1 minute.) permission to address the House for 1 revealed that the debt ceiling crisis Re- Ms. HANABUSA. Mr. Speaker, both minute.) publicans put this country through last sides agree on one thing: that we must Mr. HIGGINS. Mr. Speaker, a recent August cost us taxpayers $1.3 billion. reduce taxes on the group of Americans report issued by American and Cana- Now, Americans are hearing that they that fuels our economy. We disagree as dian scientists for the Department of may be put through that wringer to who this group is. Republicans be- Fisheries and Oceans reveals alarming again. lieve that it is the wealthy 2 percent. findings regarding the health of our I hope my Republican friends would Democrats believe that it is the 98 per- Great Lakes. agree with me that the middle class cent—the middle class—that fuels our The report warns that Asian carp are families are the backbone of our econ- economy. closer to entering the Great Lakes omy. Keeping their taxes at their his- The bottom line is: Do you believe than we had anticipated. When intro- torically low rate is the best way to that the economy is going to be revived duction occurs, it will be irreversible get our economy back on track. top down? But really, it isn’t. Rather, and devastating to the ecology of the Unfortunately, that middle class tax it’s going to be a strong and secure lakes and the economy of the region. cut extension is under threat. My middle class. This report is an urgent reminder that friends on the other side of the aisle Today, the White House released it is imperative that we intensify our are demanding, instead, that the some figures. efforts and act immediately to prevent superrich get their tax breaks. For Hawaii, my State, 500,000 fami- Asian carp from entering the Great This isn’t the way forward. We tried lies qualify as middle class. Do you Lakes. tax breaks for the rich and tax give- know what it means? If we extend the Today, I, along with 15 of my col- aways for the corporations during the middle class tax credits and tax breaks, leagues from both sides of the aisle, Bush years. It didn’t work. it will mean $1,600 more per family per sent a bipartisan letter to the Environ- Let’s keep tax rates low for the mid- year. More importantly, what does it mental Protection Agency and the dle class Americans and move this mean for the super wealthy? If we let Army Corps of Engineers calling atten- country forward. those tax breaks expire, like they tion to this study, and urging swift ac- f should, we will be able to reduce the tion on the threat of the Asian carp to DRILL, BABY, DRILL? WE HAVE, deficit by about $1.16 trillion in 10 the Great Lakes environment. BABY, WE HAVE years. Keeping our waters healthy and free This is a no-brainer. Extend the mid- of invasive species is a Federal respon- (Mr. CONNOLLY of Virginia asked dle class tax credits for those who real- sibility. It’s time to act—and to act and was given permission to address ly fuel our economy, and expire the now. the House for 1 minute and to revise Bush tax cuts. f and extend his remarks.) Mr. CONNOLLY of Virginia. Mr. f LET’S AUDIT THE FEDERAL Speaker, some claim the solution to RESERVE America’s energy concerns is ‘‘Drill, RECESS (Mr. DEFAZIO asked and was given Baby, drill.’’ Under President Obama, The SPEAKER pro tempore. Pursu- permission to address the House for 1 domestic oil and natural gas produc- ant to clause 12(a) of rule I, the Chair minute.) tion increased every year, with the declares the House in recess subject to Mr. DEFAZIO. In 1989, I sponsored a largest increase in the number of drill- the call of the Chair. bill, along with 11 other Democrats, to ing rigs in American history. Domestic Accordingly (at 12 o’clock and 31 audit the Federal Reserve. oil production last year was the high- minutes p.m.), the House stood in re- The Wall Street Journal wrote an est in a decade, and natural gas produc- cess. editorial saying we would destroy the tion the highest ever in our history. American economy if we audited the Under President Obama, we’ve re- f Federal Reserve. Well, guess what? duced foreign oil imports by 1 million Eighteen years later, Wall Street de- barrels of oil per day. Foreign oil de- b 1315 stroyed the economy of the United pendence was 60 percent of U.S. con- States of America—Wall Street, the sumption in 2005 under Bush. It’s AFTER RECESS big banks—and then they were bailed dropped to 49 percent in 2010 under The recess having expired, the House out secretly by the Federal Reserve. Obama, and is now on pace to fall to 36 was called to order by the Speaker pro We don’t know how many trillions of percent, reversing trends since the tempore (Mr. YODER) at 1 o’clock and dollars the Federal Reserve committed Nixon Presidency. By 2020, U.S. oil pro- 15 minutes p.m.

VerDate Mar 15 2010 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.019 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5141 CONTINUATION OF NATIONAL House resolved into the Committee of the the bill, it shall be in order to consider as an EMERGENCY DECLARED WITH Whole House on the state of the Union for original bill for the purpose of amendment RESPECT TO THE ACTIONS OF consideration of the bill (H.R. 4078) to pro- under the five-minute rule an amendment in CERTAIN PERSONS TO UNDER- vide that no agency may take any signifi- the nature of a substitute consisting of the cant regulatory action until the unemploy- text of Rules Committee Print 112-29. That MINE THE SOVEREIGNTY OF ment rate is equal to or less than 6.0 percent. amendment in the nature of a substitute LEBANON OR ITS DEMOCRATIC The first reading of the bill shall be dis- shall be considered as read. All points of PROCESSES OR INSTITUTIONS— pensed with. All points of order against con- order against that amendment in the nature MESSAGE FROM THE PRESIDENT sideration of the bill are waived. General de- of a substitute are waived. No amendment to OF THE UNITED STATES (H. DOC. bate shall be confined to the bill and shall that amendment in the nature of a sub- NO. 112–127) not exceed two hours equally divided and stitute shall be in order except those printed controlled by the chair and ranking minority in part C of the report of the Committee on The SPEAKER pro tempore laid be- member of the Committee on the Judiciary Rules accompanying this resolution. Each fore the House the following message and the chair and ranking minority member such amendment may be offered only in the from the President of the United of the Committee on Oversight and Govern- order printed in the report, may be offered States; which was read and, together ment Reform. After general debate the bill only by a Member designated in the report, with the accompanying papers, referred shall be considered for amendment under the shall be considered as read, shall be debat- five-minute rule. In lieu of the amendments able for the time specified in the report to the Committee on Foreign Affairs in the nature of a substitute recommended and ordered to be printed: equally divided and controlled by the pro- by the Committees on the Judiciary and ponent and an opponent, shall not be subject To the Congress of the United States: Oversight and Government Reform now to amendment, and shall not be subject to a Section 202(d) of the National Emer- printed in the bill, an amendment in the na- demand for division of the question in the ture of a substitute consisting of the text of House or in the Committee of the Whole. All gencies Act (50 U.S.C. 1622(d)) provides Rules Committee Print 112-28, modified by for the automatic termination of a na- points of order against such amendments are the amendment printed in part A of the re- waived. At the conclusion of consideration of tional emergency unless, within 90 port of the Committee on Rules accom- the bill for amendment the Committee shall days prior to the anniversary date of panying this resolution, shall be considered rise and report the bill to the House with its declaration, the President publishes as adopted in the House and in the Com- such amendments as may have been adopted. in the Federal Register and transmits to mittee of the Whole. The bill, as amended, Any Member may demand a separate vote in the Congress a notice stating that the shall be considered as the original bill for the House on any amendment adopted in the the purpose of further amendment under the emergency is to continue in effect be- Committee of the Whole to the bill or to the five-minute rule and shall be considered as amendment in the nature of a substitute yond the anniversary date. In accord- read. All points of order against provisions ance with this provision, I have sent to made in order as original text. The previous in the bill, as amended, are waived. No fur- question shall be considered as ordered on the Federal Register for publication the ther amendment to the bill, as amended, the bill and amendments thereto to final shall be in order except those printed in part enclosed notice stating that the na- passage without intervening motion except B of the report of the Committee on Rules. tional emergency declared with respect one motion to recommit with or without in- Each such further amendment may be of- to the actions of certain persons to un- structions. fered only in the order printed in the report, dermine the sovereignty of Lebanon or may be offered only by a Member designated b 1320 its democratic processes and institu- in the report, shall be considered as read, tions is to continue in effect beyond shall be debatable for the time specified in The SPEAKER pro tempore. The gen- August 1, 2012. the report equally divided and controlled by tlewoman from North Carolina is rec- Certain ongoing activities, such as the proponent and an opponent, shall not be ognized for 1 hour. continuing arms transfers to Hizballah subject to amendment, and shall not be sub- Ms. FOXX. Mr. Speaker, for the pur- that include increasingly sophisticated ject to a demand for division of the question pose of debate only, I yield the cus- in the House or in the Committee of the tomary 30 minutes to the gentleman weapons systems, undermine Lebanese Whole. All points of order against such fur- from Florida (Mr. HASTINGS), pending sovereignty, contribute to political and ther amendments are waived. At the conclu- economic instability in the region, and sion of consideration of the bill for amend- which I yield myself such time as I continue to constitute an unusual and ment the Committee shall rise and report may consume. During consideration of extraordinary threat to the national the bill, as amended, to the House with such this resolution, all time yielded is for security and foreign policy of the further amendments as may have been the purpose of debate only. United States. For these reasons, I adopted. The previous question shall be con- GENERAL LEAVE have determined that it is necessary to sidered as ordered on the bill, as amended, Ms. FOXX. Mr. Speaker, I ask unani- and any further amendment thereto to final continue the national emergency de- passage without intervening motion except mous consent that all Members have 5 clared on August 1, 2007, to deal with one motion to recommit with or without in- legislative days to revise and extend that threat and the related measures structions. their remarks. adopted on that date to respond to the SEC. 2. At any time after the adoption of The SPEAKER pro tempore. Is there emergency. this resolution the Speaker may, pursuant to objection to the request of the gentle- BARACK OBAMA. clause 2(b) of rule XVIII, declare the House woman from North Carolina? THE WHITE HOUSE, July 24, 2012. resolved into the Committee of the Whole There was no objection. House on the state of the Union for consider- f Ms. FOXX. House Resolution 738 is a ation of the bill (H.R. 6082) to officially re- structured rule providing for consider- PROVIDING FOR CONSIDERATION place, within the 60-day Congressional review period under the Outer Continental ation of H.R. 6082, the Congressional OF H.R. 4078, RED TAPE REDUC- Replacement of President Obama’s En- TION AND SMALL BUSINESS JOB Shelf Lands Act, President Obama’s Pro- posed Final Outer Continental Shelf Oil; Gas ergy-Restricting and Job-Limiting Off- CREATION ACT, AND PROVIDING Leasing Program (2012-2017) with a congres- shore Drilling Plan, from the Natural FOR CONSIDERATION OF H.R. sional plan that will conduct additional oil Resources Committee and Chairman 6082, CONGRESSIONAL REPLACE- and natural gas lease sales to promote off- HASTINGS, and seven other bills that MENT OF PRESIDENT OBAMA’S shore energy development, job creation, and will be considered as a single package, ENERGY-RESTRICTING AND JOB- increased domestic energy production to en- including mine, H.R. 373, the Unfunded sure a more secure energy future in the LIMITING OFFSHORE DRILLING Mandates Information and Trans- PLAN United States, and for other purposes. The first reading of the bill shall be dispensed parency Act; H.R. 4078, the Regulatory Ms. FOXX. Mr. Speaker, by direction with. All points of order against consider- Freeze for Jobs Act by Mr. GRIFFIN; of the Committee on Rules, I call up ation of the bill are waived. General debate H.R. 4607, the Midnight Rule Relief Act House Resolution 738 and ask for its shall be confined to the bill and shall not ex- by Mr. RIBBLE; H.R. 3862, the Sunshine immediate consideration. ceed one hour equally divided and controlled for Regulatory Decrees and Settle- The Clerk read the resolution, as fol- by the chair and ranking minority member ments Act by Mr. QUAYLE; H.R. 4377, of the Committee on Natural Resources. lows: the RAPID ACT by Mr. ROSS of Flor- After general debate the bill shall be consid- H. RES. 738 ered for amendment under the five-minute ida; H.R. 2308, the SEC Regulatory Ac- Resolved, That at any time after the adop- rule. In lieu of the amendment in the nature countability Act by Mr. GARRETT; and tion of this resolution the Speaker may, pur- of a substitute recommended by the Com- H.R. 1840, which is a bill by Mr. CON- suant to clause 2(b) of rule XVIII, declare the mittee on Natural Resources now printed in AWAY to improve consideration by the

VerDate Mar 15 2010 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.021 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5142 CONGRESSIONAL RECORD — HOUSE July 24, 2012 Commodity Futures Trading Commis- ceptional legislative acumen. For a But now it appears that perhaps sion of the cost and benefits of its regu- freshman with no prior legislative ex- struggling Americans have finally lations and orders. perience to have received such im- managed to capture the Republicans’ H.R. 6082 is a bill to replace the mense respect by peers of both parties attention, except that the majority’s Obama administration’s final offshore further underscores his professionalism response is not to make the kind of in- drilling plan announced on June 28, and amiable personality. Undoubtably, vestments that will actually create which keeps 85 percent of America’s this House would be better off if it were jobs, but, instead, to gut the Federal offshore areas off limits to energy pro- filled with legislators as serious about Government’s efforts to protect the duction, with one that would establish seeking tangible solutions to problems health and safety of American citizens. a timeline for 29 specific leases, some as Mr. LANKFORD and Mr. ISSA. I realize that in the fantasy world in- of which are not open for drilling under Mr. Speaker, it’s on that note that I habited by some far-right ideologues the Obama plan. urge my colleagues to support this rule allowing polluters to run amok is tan- The legislation would also require and the underlying bill and reserve the tamount to creating jobs, allowing cor- the Interior Department to prepare a balance of my time. porations to pursue fantastic profits at multilease environmental impact Mr. HASTINGS of Florida. Mr. the expense of public health and safety statement for any leases required Speaker, I yield myself such time as I is somehow good governance, and ena- under the bill not in the June 2012 plan. may consume. bling the middle class to fall farther The remaining bills are rolled into I thank the gentlelady for yielding and farther behind the ultra-wealthy is one package; and while each has its me the customary 30 minutes. somehow a shining example of the own unique virtues, they’re all in- I’d like to address process just very American spirit. tended to provide for Federal regu- briefly, and that is that, when we But I have to ask, under this legisla- latory relief. began this session of Congress, we were tion, where will these new jobs come H.R. 373 is the culmination of nearly advised by our Republican colleagues from? 5 years of work to build on the success that we were going to bring up each I suppose we’ll need more doctors to of the Unfunded Mandates Reform Act, measure individually and discuss them. care for sick children, since the FDA or UMRA, which is a bipartisan initia- This is a structured rule that does con- will be prohibited from monitoring the tive that has not been modernized template the opportunity for many safety of baby formula. We will need caregivers, I’m sure, willing to provide since its inception in 1995. Members to participate, but it isn’t an free care for older Americans, as Medi- Given his express support for regu- open rule. What it is is it’s a measure care will be unable to change its pay- latory reform, my hope is that Presi- as the base bill that has cobbled to it ments to providers. And we’ll need new dent Obama will support my bill, which six distinctly different measures—evi- water treatment plant workers, as cor- incorporates many of his ideas, includ- denced by the number of thank-yous porate polluters will have increased ing those embodied in Executive Order that had to come from Dr. FOXX to the freedom to dump harmful chemicals 13563. various committees. into our drinking water, as they have Mr. Speaker, so often we thank peo- I do agree with the one, Dr. FOXX, ple for working on our legislation and for years. where you thank the young man for If I sound extreme, Mr. Speaker, it’s for working in the Congress only at the creative thinking. This is out of the because this bill is extreme. A blanket time that they retire, but I want to box when it comes to us as far as proc- prohibition on new regulations is not give some thanks today for the hard ess is concerned being creative. Cob- any kind of solution to grow our econ- work that’s been done, particularly on bling six pieces of legislation—with an- omy. The FDA, the EPA, and the Vet- H.R. 373. There’s an enormous amount other to make seven—is a bit much. erans Administration, these agencies of work that has gone into bringing This rule provides for consideration are not responsible for the failure of this bill to the floor. of H.R. 4078, the Red Tape Reduction our jobless recovery. I’d first like to thank Brandon Renz, and Small Business Act of 2012, and What is irresponsible is the failure to my legislative director, who has H.R. 6082, which has such a long and address the real needs of the American worked with this for over 5 years. I convoluted name that the cost to the people. Rather than preventing the thank Kristin Nelson and Peter Warren government to simply print the bill Federal Government from ensuring with the House Oversight and Govern- may require the Republican majority clean drinking water, we ought to be ment Reform Committee for providing to raise the debt ceiling. investing in the infrastructure that the diligence and creative thinking What the red tape bill should be makes clean drinking water possible needed to shape the product we’re con- called, Mr. Speaker, is the ‘‘Eliminate and that desalinates salt water. sidering today. the Government’s Ability to Protect We ought to be investing in economic I also thank Ryan Little, Austin Its Own Citizens Act of 2012,’’ because development projects, in the national Smythe, Daniel Flores, and Hugh that is what the radical legislation— infrastructure, in clean energy tech- Halpern for their help shepherding this creative, though one may think it is— nology, in education, and in the kinds bill through the various committees of aims to do. of programs that support those Ameri- jurisdiction. It’s this kind of coopera- Under this legislation, Federal agen- cans who are struggling the hardest. tion that’s necessary to ensure the cies would be prohibited from issuing Rich CEOs of big polluters aren’t one of proper functioning of this legislative new regulations until the unemploy- those that are in need. body. ment rate falls below 6 percent. But speaking of rich CEOs out of I thank Chairman DARRELL ISSA for touch with everyday Americans, it was b 1330 bringing this bill to the Oversight and Mitt Romney who said in 2009 that, Government Reform Committee. He is And I defy any economist or anybody ‘‘You have to have regulation.’’ He said providing extraordinary leadership for else in the world to tell me when that’s that regulations need to be modern- that committee and our country. But going to be in an economy such as the ized, reviewed, and effective, and that it’s my colleague and good friend, Con- one that we have. So too, would new Republicans ‘‘misspeak’’ when they say gressman JAMES LANKFORD, the chair- regulations be prohibited between they don’t like regulation. man of the House Oversight and Gov- Election Day in early November and I guess what Mitt Romney calls ernment Reform Committee’s Sub- Inauguration Day in late January. ‘‘misspeak’’ other people might call committee on Technology, Information For the past 2 years, the Republican ‘‘outright ridiculous’’ because that is Policy, Intergovernmental Relations majority has been spending its time what the ideology behind this bill is. It and Procurement Reform, who is de- doing everything, it seems to me, to is as ridiculous a notion that yet more serving of my most sincere apprecia- crash the economy by defaulting on drilling for oil will somehow—drilling tion and praise. our debt, eliminating the greatest in these places where companies like Mr. LANKFORD’s dogged work and de- health care protections made in dec- BP can cause the kind of incidents that termination to build upon and improve ades, and turning sensible decisions we saw in the gulf—that somehow this on my initiative is only one dem- about women’s health care into a fan- is going to benefit the country. It onstration of his keen intellect and ex- tasy of religious persecution. won’t.

VerDate Mar 15 2010 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.023 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5143 The other bill to be considered under employment rate to 6 percent, and it passed on to them—death by a thou- this rule is just the latest manifesta- won’t send a signal to the American sand paper cuts is how they explain it tion of the Republican energy doctrine: public that their elected Representa- to me. ‘‘Only drilling, all the time, and every- tives are ably minding public re- Simplicity and common sense need where.’’ This legislation does exactly sources. to be applied to how we do regulations. two things. It tears up environmental I reserve the balance of my time. When there is no check and balance in protections, and it further enriches oil Ms. FOXX. Mr. Speaker, I just would the regulatory environment, it needs company executives. like to point out to my colleague from to have that. The House, under the Republican ma- Florida that we certainly agree on our Now, the other side seems to assume jority, has taken 142 pro-oil-and-gas side of the aisle with Governor Romney that, occasionally, Americans are in drilling votes this Congress. Using the that we need regulations. These bills need of daily oversight by the Federal hourly cost of voting in the House, as don’t do away with all regulations. Re- Government, that unless some Federal calculated by the Congressional Re- publicans know you need government. bureaucrat or some Federal regulator search Service, the more than 90 hours We just want some common sense is not standing next to their beds when we have spent debating these measures brought into our government. We want they get up that they won’t know how that everybody in this House knew a cost-benefit analysis done to rules to get to work and that, when they get were going nowhere when they left this and regulations. to work, they’re going to cheat a House, we’ve spent $54 million of the After all, we’re here, we’re breathing neighbor and that, on the way home, taxpayers’ money debating, and these the air, we’re drinking the water, we’re they’re going to cheat another neigh- are the people that would tell me they eating the food. Our children, our bor, so we’d better have a Federal regu- want to cut costs. grandchildren are, too. It doesn’t make lator standing right next to them be- I suppose, Mr. Speaker, that there’s any sense these tired old accusations cause American citizens can’t be trust- always a chance that the Republicans against Republicans that we don’t care ed to do the right thing without Fed- will achieve success the 143rd time and anything about our environment or our eral control. additional hours that they try some- food because we’re here living with I would say the neighbors that I live thing. But once again, the majority’s them, also. around, in the cities that I visit all efforts reflect a dogged determination over America, have great citizens who b 1340 to rely on an outdated ideology that want to do the right thing and are seeks only to reward the wealthiest I don’t think the American people doing the right thing and are serving corporations. are going to buy the arguments that their neighbors. We have great city and We are already drilling at historic my colleague made. State governments. They’re doing very levels in this country. The United I would now like to yield 5 minutes good regulatory schemes. We should States is home to more offshore drill- to the distinguished gentleman from trust them more to engage in what ing rigs than the entire rest of the Oklahoma (Mr. LANKFORD). they’re doing in the communities that world combined. Seventy percent of Mr. LANKFORD. I thank Ms. FOXX, they live in, where they eat the food, offshore areas currently leased are not my colleague, for her kind introduction where they drink the water. They are even active yet. on that. the first line of defense on that, rather This legislation isn’t going to change All aspects of this bill, each part of than taking all those things to Wash- the price of fuel for the average Amer- it, has gone through the committee ington, D.C., and assuming all Ameri- ican. It does not mandate that oil process. Multiple of them have had cans can’t function without someone drilled in the United States—Mr. MAR- multiple hearings related to them. from Washington, D.C., checking on KEY brought an amendment that al- There has been plenty of opportunity them each and every day. Let me just lowed that if it’s going to be drilled to be able to allow for input and for give you a couple things on that. here, it ought to stay here. But this votes through the traditional com- During the first hearing that I par- legislation doesn’t allow for it to even mittee process on this. ticipated in here in this Congress, be sold in the United States. The reality is that red tape is stran- someone from the other side extolled In fact, oil will simply be shipped out gling our businesses. Each day, they the benefits of adding more regulations to the highest bidder, similar to what’s wake up, and they are worried about because companies were sitting on going to happen with Keystone when what the Federal Government is going money and were not spending it. This it’s completed, on the world market, to do to them rather than what the was a way to force companies to hire generating enormous profits for the oil Federal Government is going to do for additional people by hiring compliance companies while sticking the American them. There is an appropriate role for officers—people to oversee regula- public with the bill. the Federal Government for regulations—and that, if we couldn’t increase I recently saw an editorial cartoon tions, but it seems like there is a employment in America through pro- by Joel Pett. And in the cartoon, a never-ending acceleration of regula- ducing more goods and services, we man stands up at a climate change tions—and not just small—they get would increase employment in America summit and asks, what happens if cli- larger and larger and larger and more by creating more bureaucrats just in mate change is, indeed, a hoax, but we and more expensive and more and more the private business. achieve energy independence anyway, nonsensical at times. That’s not how I see that you should that we preserve the environment any- Let me just give you one quick exam- grow an economy. Let me just highway, that we create green jobs anyway, ple of this: community bankers that light one area, one title of this great and livable cities, and have cleaner air are facing hundreds of new regulations. bill. and water. The answer, of course, is When the problem seemed to be the Title IV of this is the Unfunded Man- that we will all be better off. largest investment banks, the one who dates Information and Transparency Republicans can stick their heads in got hit the hardest with the regula- Act of 2011. This was a bill that started the tar sands all they want, but pump- tions were the community banks. Now in the previous Congress with Ms. VIR- ing more fossil fuels out of the ground community banks have to step aside. A GINIA FOXX as the author. That bill and into the atmosphere will not sus- bank that may have 14 to 20 employees went through multiple processes in the tain the American economy, nor pro- and $50 million or less in total assets, previous Congress. We picked it up in vide the kind of economic prosperity which is a very small rural bank, has the Oversight and Government Reform that will benefit all Americans. And as to go and prove that these rules don’t Committee, and we did three hearings I’ve said before, and I repeat again, I’ll apply to them. That involves their hir- on it at the beginning of last year. We be the last person standing against ing outside attorneys. That involves had city leaders, we had State and drilling offshore of Florida. setting aside staff that should be doing county leaders, we had private business At the same time, preventing the loans. That involves setting aside addi- leaders, and we had administration in- Federal Government from acting on be- tional time to prove these hundreds of dividuals from this administration and half of public health and safety will not rules don’t apply to them and that from the previous administration come create new jobs. It won’t return the un- they’re not a big bank. Regulations and testify.

VerDate Mar 15 2010 01:40 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.024 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5144 CONGRESSIONAL RECORD — HOUSE July 24, 2012 In 1995, the House and the Senate and I remember Tony Hayward came in The Republicans rejected other ones. the President signed a bill called the front of our committee, and he said, We We need to adopt these. Otherwise, it is Unfunded Mandates Reform Act. It was were wrong. We didn’t anticipate this irresponsible to press ahead with ex- a wide bipartisan act—394 votes in the would happen. pansive, new deepwater drilling in House and 91 votes in the Senate—to You’ve got to anticipate that it will deeper areas, in pristine areas. give information to the House and to happen. b 1350 the Senate before decisions were made Unfortunately, in the aftermath, we about what is an unfunded mandate, appointed a blue ribbon commission, These recommendations are reason- and what effect will that have. the National Commission on the BP able. And if the Republican Congress There are large loopholes that have Deepwater Horizon blowout. They cannot take up reasonable safety been exploited in the last 17 years. This issued their report in January of 2011. standards in the wake of one of the bill aims to fix those loopholes: They had many recommendations from worst economic and environmental dis- It takes in all the independent agen- experts in how you make offshore drill- asters in our history, then I’d hate to cies, and it also puts them under those ing safe. The Congress has not acted on say what’s at risk for this great coun- same requirements; any of those recommendations to make try. Ms. FOXX. Mr. Speaker, I now yield It puts in the language that Presi- it safe. Yet, in this bill, they press 3 minutes to my colleague from Flor- dent Clinton put in in Executive Order ahead to open even more areas for oil ida (Mr. ROSS). 12866 in order to clarify this, that the drilling. That’s not right. You’re put- Mr. ROSS of Florida. Mr. Speaker, I administration’s functioned under. It ting our economy and our environment thank the gentlelady from North Caro- puts that language and codifies it from at risk when you do so. lina. President Clinton into this bill. It also This was a great commission, by the Mr. Speaker, recent economic indica- takes a clarification of President way, because they didn’t just stop tors show that another recession is a Obama’s that he has for this bill and there. They’ve issued progress reports real danger. Consumer confidence is also adds it into the language; along the way. I know people often- plummeting, businesses aren’t hiring, It redefines ‘‘direct costs’’ with how times don’t like report cards, and the and recovery continues to slow. Real the CBO already defines ‘‘direct costs,’’ Congress is not going to like this re- unemployment is at 14.9 percent, and and it actually codifies that language port card. They’ve broken it down into millions of Americans have given up and provides ability; safety and environmental protection, hope. The World Bank reports that the It allows for a ranking member or a spill response and containment, and en- U.S. is now 13th in the world when chairman of a committee to do an anal- suring adequate resources. measuring the ease of starting a new ysis of a rule to make sure that it is Under safety and environmental pro- business. In 2007, we were ranked third. not exceeding our unfunded mandates tection, they say Congress has done Last month, American manufacturing requirements. It is very bipartisan. It’s nothing to make permanent the im- shrank for the first time in nearly 2 not just the chairman. A chairman or a provements that have been made by in- years. Economists are revising their ranking member can get in on that. dustry and the Obama administration. growth projections downward. Inflation It is the intent of this, in this mod- We’ve got to enact these into law be- looms on the horizon, and Europe’s ern regulatory environment, to clean fore we go forward with more offshore sovereign debt crisis continues this up and to make sure Congress has drilling in new and pristine areas. unabated. the information to make their deci- They say Congress has provided little Some of the circumstances that led sions. support for spill response and contain- to this crisis are out of anybody’s con- Mr. HASTINGS of Florida. Mr. ment. If we’re going to expand drill- trol, but many of these circumstances Speaker, I am very pleased to yield 5 ing—and it certainly has to be part of are not. Policymakers in Washington minutes to my good friend, the distin- our energy portfolio—we have to be have an obligation to our constituents guished gentlewoman from Florida able to respond to a disaster, and yet and to this country to work together to (Ms. CASTOR). Congress has done nothing there. create an environment where the Ms. CASTOR of Florida. I thank my It says, although the administration American people prosper. We have such good friend from Florida on the Rules has provided increases in funding to an opportunity today. The Red Tape Committee for yielding time. oversight, Congress has taken little ac- Reduction and Small Business Job Cre- I rise to oppose the rule and the un- tion to adjust the unrealistic limits on ation Act takes a balanced approach derlying bills, particularly H.R. 6082, liability. Who is going to pay? It towards regulatory reforms that are because that bill unreasonably expands shouldn’t be the taxpayers who pay for desperately needed in today’s market. offshore drilling without the cor- these disasters. Right now, they have For 25 years, before I was elected, I responding and necessary safety stand- not adjusted the outrageous liability was a small businessman. I started a ards. limits that these oil companies have business not because of a government The Republicans are ignoring the les- when there are accidents. program or because of government sons that we learned after the BP What you’re doing is really thumbing lending; in fact, I couldn’t even get a Deepwater Horizon blowout. Again, your nose at—you’re turning a blind bank to loan me money. I borrowed they are putting the profits of the oil eye to—the hard work done by the money from a friend and grew that companies ahead of the safety and larg- commission, the commission that pro- business over 20-some years to 27 emer economic concerns of families and posed to protect us if we were going to ployees. I didn’t do it because there businesses all across our great country. rely on offshore oil. I think it’s going were good bridges and roads next door Certainly, memories cannot be so to be part of our portfolio, so why not to me. I saw a need, I took a risk, and short that we don’t remember the dev- adopt reasonable safety standards? worked harder than the next guy. I also astation caused by the BP Deepwater I know some of my colleagues say, knew the rules and understood that Horizon blowout and disaster. That oil Well, we don’t like red tape. I don’t government was the referee, not the spewed for months and months, and like red tape either, but this isn’t red player. they could not cap the well. In the tape. These are vital environmental Today, the regulatory climate and li- meantime, it caused serious economic and economic safety standards to en- tigious nature of many government damage, not just to my home State of sure that the $60 billion tourism indus- agencies create uncertainty. Some Florida and to the tourism industry try in Florida is maintained. Those are falsely claim that certainty has noth- and fishing and to the hotels and mo- hardworking folks and good jobs back ing to do with our current economic tels and restaurants, but all across the home. For the hotels and motels, even crisis. Mr. Speaker, economics is as gulf coast and all across the country. though the oil was coming out of the much a behavioral science as anything. I recall very well, prior to the blow- ocean 350 miles away, their businesses When businesses don’t know what the out, they said it was safe. They said fell off. All we ask is that simple safety next regulatory hurdle will be, they drilling in deep water and offshore was standards be adopted. won’t invest. safe and that there hadn’t been very Mr. MARKEY and Mr. HOLT have pro- The Florida Chamber of Commerce many accidents. But they were wrong. posed some of those as amendments. has recently done a study of small

VerDate Mar 15 2010 01:46 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.025 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5145 businesses in Florida. The results were position to the rule which, if enacted, that will ensure the government does clear: uncertainty is the number one will block United States servicemem- not stand in the way of America’s job issue facing job creators and entre- bers and veterans from getting the best creators. preneurs. Right now there are projects care and services we can offer. I have the honor of representing a waiting on the sidelines that have the In the Rules Committee, I offered an district that reaches from San Anto- potential to create 1.9 million jobs an- amendment to exempt from the pro- nio, Texas, to El Paso, Texas, including nually in this country. Talk about a posed moratorium any regulation that nearly 800 miles of U.S.-Mexico border. shot in the arm to the economy. is related to the health and safety of When I head home for a work period, The only thing certain about this United States servicemembers and vet- my days are spent on the road meeting President has been the uncertainty erans. I did so because I believe, as I’m with diverse groups of small business- that he has provided and the regu- certain all my colleagues do, that serv- men, entrepreneurs, community bank- latory reform and tax reform for small icemembers and veterans are best ers, farmers, energy producers, teach- business. Take my home State of Flor- served when the agencies that serve ers, and law enforcement agents. ida for example. According to research them can provide critical treatment The most common theme that I hear by the U.S. Chamber of Commerce, and assistance in a timely and respon- from my constituents, whether they’re there is potential for 121,000 jobs there sive manner. Doing so often requires Democrat or Republican, conservatives if we have regulatory certainty. In the writing new rules and regulations. We or liberals, to the left or to the right, first year of operations, businesses should not, for example, block a new is that the Federal Government is in- could generate over $2 billion in em- regulation that allows the VA to pro- trusive and standing in the way of job ployment earnings. This bill is not vide medical or other benefits to care- creation by issuing job-killing regula- about generating profits for fat cats givers of veterans and servicemembers tions. One constituent even sent a let- and Big Oil. How do I know? Because I in exchange for a new talking point ter to my office on how regulations and have seen firsthand a project in my about the economy. high energy costs are impacting his area come to a halt because of a liti- My colleagues on the Oversight and family. He writes: gious activist group that affected 200 Government Reform Committee Our family is on a fixed income. It has be- blue color jobs: secretaries, machinists, agreed. My amendment was unani- come a hardship to buy gasoline. Now, with and more. There were 14 Federal agen- mously approved in a bipartisan fash- the coal mines being shut down, our electric ion. Yet, inexplicably, Republicans are bills are going to go through the roof. I guess cies, State and local agencies, 7 years the wife and I will have to get a block of ice of permits and review, only to have a now blocking it from a full vote. Sud- and a box fan to stay cool this summer. lawsuit 1 month later kill the dreams denly, they’re ready to let our commit- of a better life for my neighbors. ments to our heroes lapse. And for b 1400 The SPEAKER pro tempore. The what, a new talking point? Over the Since President Obama took office, time of the gentleman has expired. next 5 years, more than 1 million vet- we have seen a 52 percent increase in Ms. FOXX. Mr. Speaker, I yield an erans will return home from war. Part regulations deemed economically sig- additional 30 seconds to the gentleman of our commitment to them must be to nificant, which means a regulation from Florida. ensure that they have the best services costs the economy at least $100 million Mr. ROSS of Florida. Mr. Speaker, available, whether that’s in health annually. And according to a Sep- one thing I know about government is care, job training, or educational bene- tember 2010 report from the Small that before it gives to someone, it must fits. Business Administration, total regu- take from someone else. This legisla- Mr. Speaker, most legislation has un- latory costs amount to $1.75 trillion tion presents solutions that are sen- anticipated consequences. This legisla- annually, enough money for business sible and immediately effective. My tion has a consequence that is easily to provide 35 million private sector neighbors are tired of the regulatory anticipated, and that is that we will be jobs with an average salary of $50,000. burden. I’m tired of the regulatory bur- tying the hands of the agencies that In the midst of an economic downturn den. serve our brave men and women in the in which the unemployment rate has Mr. Speaker, I urge my colleagues to armed services. I ask any one of my been above 8 percent for 41 consecutive support this rule and the underlying Republican colleagues from the Rules months, 35 million private sector jobs bill. Committee to explain why this amend- is a very significant amount of jobs. Mr. HASTINGS of Florida. Mr. ment wasn’t made in order and why The legislation we begin to consider Speaker, I would say to my good friend this rule is sending a message to our today is an important step in the right and colleague from Florida that when military and veterans that they aren’t direction to provide certainty to our he speaks about 120,000 jobs that may entitled to the best we have. Nation’s job creators so they can start have been created, Governor Rick I urge my colleagues to vote against hiring again and get our economy back Scott categorically rejected money for this rule and the bill. on track. light rail between the I–4 corridor of Ms. FOXX. Mr. Speaker, as I often do It is amazing that this year alone, Orlando and Tampa that would defi- when I’m handling a rule, I have to the Federal Register, where rules and nitely have produced 18,000 jobs. make sure that the public understands regulations are published for the public You can’t have it both ways. You the facts. to view, has seen more than 41,000 can’t one minute say that you don’t It’s my understanding that the pages alone devoted to this regulatory want something, and then the next amendment that the gentleman spoke explosion. These regulations would minute say that some fictional number of that was adopted in the committee cost $56 billion and result in paperwork is going to take place that’s a magic and then presented in the way that it burdens that would take 114 million bullet. We worked hard to get that was presented for this bill was not ger- hours to complete. That is 13,000 years money appropriated. The last state- mane. I need to point out to the public working 24 hours a day, 7 days a week. ment that he made was that you can’t that it was not the majority, it wasn’t Imagine how many jobs we could cre- give something unless you get some- the Republicans, who decided the ate in America if those 114 million pa- thing. Well, they got from Florida, and amendment wasn’t germane. It is our perwork hours were spent on building that money went to the east coast cor- Parliamentarians, who are non- roads, issuing loans, expanding small ridor, to California, to Illinois. I’m not partisan. businesses, and selling products instead certain about whether any of it went to I would now like to yield 31⁄2 minutes of pushing paperwork across a desk to Kentucky, but I’m sure that the next to my colleague from Texas, Rep- please a government regulator. speaker would be prepared to address resentative CANSECO. From regulating farm dust, stock that. Mr. CANSECO. Mr. Speaker, I thank tanks, and streams on private prop- Mr. Speaker, I yield 2 minutes to my the gentlelady from North Carolina, erty, keeping young people off the good friend, the gentleman from Ken- and I rise today in strong support of farm, and imposing the most expensive tucky (Mr. YARMUTH). the rule for H.R. 4078. rule ever on the energy sector, nothing Mr. YARMUTH. I thank my friend The Regulatory Freeze for Jobs Act is off limits for the out-of-control regu- from Florida. Mr. Speaker, I rise in op- is an important piece of legislation lators in this administration. Even

VerDate Mar 15 2010 01:46 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.027 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5146 CONGRESSIONAL RECORD — HOUSE July 24, 2012 though the House of Representatives The rule before us today provides for thing for everyone—which, unfortu- has had some success in reining in job- consideration of my bill, H.R. 373, the nately, is a rare legislative virtue—yet killing regulations, right now it is still Unfunded Mandates Information and underscores the unique opportunity a good time to go to work for the Fed- Transparency Act, as I mentioned be- Members of both parties have to vote eral Government as a regulator in fore. While working on this legislation for a modest, yet effective legislative Washington, DC, because they are hir- over the years, I have come to appre- solution. ing. ciate that the subject matter is not one With that, Mr. Speaker, I reserve the If we want more jobs on Main Street, of the most thrilling ever to be consid- balance of my time. we need less red tape from bureaucrats ered by this House. In fact, I’m con- Mr. HASTINGS of Florida. Mr. and other regulators in Washington, fident that reading a summary of my Speaker, I would advise the gentlelady DC. bill would provide an effective remedy that I’m going to be the last speaker, Mr. HASTINGS of Florida. Mr. for even the most stubborn case of in- and I am prepared to close. Speaker, would you be so kind as to somnia. Ms. FOXX. That would be fine with tell both sides how much time remains. Some have compared observing the me, Mr. Speaker, if the gentleman is The SPEAKER pro tempore (Mr. legislative process with that of making prepared to close. I will have some WOMACK). The gentleman from Florida sausage. Admittedly, in the case of my more comments to make, and then I has 12 minutes remaining. The gentle- bill, it more closely resembles watch- will close. woman from North Carolina has 12 ing paint dry. Nor do I expect many in Mr. HASTINGS of Florida. Mr. minutes remaining. the media will sell many advertise- Speaker, I yield myself the balance of Mr. HASTINGS of Florida. Mr. ments dissecting legislation entitled my time. Speaker, at this time, I am very the Unfunded Mandates Information We could go back to the days when pleased to yield 1 minute to my good and Transparency Act. However, this government was helpless against the friend from Connecticut (Mr. COURT- certainly does not diminish the mean- robber barons who abused our public NEY), whose State did benefit from that ing or value of this important work. resources. We could go back to the By collaborating with the House money that was to go to Florida, as ap- days when citizens had no recourse Oversight and Government Reform propriated. against corporations who valued profit Committee, we’ve worked to create a Mr. COURTNEY. Mr. Speaker, I rise above individual health and safety. comprehensive legislative package that in opposition to the rule on the so- And we could go back to the days when promotes the principles of good govern- called regulatory freeze bill which will unelected oligarchs drove this Nation’s ment, accountability, and trans- act as a chain saw, going through parts destiny, rather than democratically parency that my constituents sent me of the government that have absolutely elected governments representing the to Congress to represent. These prin- nothing to do with small business or interests of the American public. small business job creation. And I say ciples have been a top priority of mine throughout my legislative career, Prohibiting Federal agencies from that as a former small employer. starting in the North Carolina State carrying out necessary and essential One of the regulations which will be public protections will not create new butchered under this law is the income- Senate. Very simply, H.R. 373 advances these jobs. It will not boost our economy. It based repayment program which the priorities by drawing upon bipartisan will not protect the most vulnerable Department of Education is now in the initiatives to expand access to infor- and disadvantaged Americans in a time middle of fashioning, which will pro- mation. The legislative text, itself, of extraordinary uncertainty. vide loan payment relief for people identifies the stated purpose of H.R. 373 Drilling for oil everywhere and any- paying title IV student loans. For a as improving: where is not a solution. It won’t even teacher making $25,000 a year with the quality of the deliberations of Congress provide much benefit, unless you con- maybe about $20,000 in student loan with respect to proposed Federal mandates sider further enriching oil executives debt, that program will reduce month- by providing Congress and the public with to be a benefit for millions of strug- ly payments by $100 a month. That is more complete information about the effects gling Americans. real help for people who are contrib- of such mandates, ensuring that Congress b 1410 uting to the U.S. economy. Allowing acts on such mandates only after focused de- that regulation to go forward will not liberation on their effects while enhancing What Americans need is government hurt the U.S. economy. In fact, it will the ability of Congress and the public to that is willing to invest in its citizens. identify Federal mandates that may impose Mr. Speaker, if we defeat the pre- provide more basis for that teacher to undue harm on consumers, workers, employ- go out and survive and spend money on ers, small businesses, and State, local, and vious question, I will offer an amend- housing, car loans, et cetera. tribal governments. ment to this rule to make in order an Yet this bill, in the name of job cre- But it does so much more than that. amendment which proposes that Con- ation, will knock down the income- The strength of the bill is that it gress will not adjourn until the Presi- based repayment program. serves to inform more fully decision- dent signs middle class tax cuts into The SPEAKER pro tempore. The makers engaged in the policymaking law. time of the gentleman has expired. process while letting affected State We have an opportunity to extend Mr. HASTINGS of Florida. I yield the and local governments and those in the the middle class tax cuts for 98 percent gentleman an additional 30 seconds. private sector who must put Wash- of Americans who make less than Mr. COURTNEY. The income-based ington dictates into practice know $250,000. This should not be a partisan repayment program is trying to pro- what’s coming and better participate fight; this is what we were elected to vide student loan relief at a time when in the process. do. We should not adjourn into August student loan debt in this country now Many provisions of the bill simply recess while American families across exceeds $1 trillion—higher than credit codify, clarify, and streamline existing this country are trying to make ends card debt, higher than car loan debt. It practice. Others enhance the purpose of meet. It is imperative that Congress is a commonsense program, fully paid UMRA by applying its disclosure re- act on behalf of families across this Na- for. quirements to more circumstances tion and bring them the certainty and The Student Aid and Fiscal Responsi- while initiating more complete, de- security that their taxes will not go up bility Act, signed into law in 2010, off- tailed, useful, and accurate cost esti- in 6 months. set every nickel of cost in the income- mates to expose otherwise hidden I don’t know about all of my col- based repayment program; and yet here costs. Yet others still protect legisla- leagues here, but I have had the misfor- we are, debating a bill at a time of cri- tive intent by closing loopholes in cur- tune of having been involved in lame sis for middle class families because of rent law, allowing enterprising rule- duck sessions; and the one that is com- student loan debt, denying them the makers to circumvent disclosure re- ing up where we are about to go off the needed relief which will help the U.S. quirements while imposing costly man- cliff is going to be brutal for some of economy. dates. the newcomers in this institution who Ms. FOXX. Mr. Speaker, I yield my- All of these provisions are har- do not understand that it seems to be a self such time as I may consume. monized in a way that provides some- methodology to wait until the last

VerDate Mar 15 2010 01:46 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.029 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5147 minute before we do something. We can It’s time to take a comprehensive ber of final rules, from 2,439 to 2,898, an 18.8- do it in August. We can give 98 percent view of the problems facing our Na- percent increase that signals a likely future of the American people certainty about tion’s higher education system and rise in final rules. their taxes and be assured that if they eliminate burdensome Federal regula- Although regulatory agencies issued 3,807 final rules in 2011, Congress passed and the make less than $250,000 their taxes will tions that pile unnecessary costs on in- president signed into law a comparatively not go up in December, or that their stitutions and students. Rather than few 81 bills. Substantial lawmaking power is taxes will not be leveraged so we can getting the Federal Government fur- delegated to unelected bureaucrats at agen- avoid seeing to it that the Bush tax ther entrenched in higher education, cies. cuts on the 2 percent of Americans that we should be working together to re- Of the 4,128 regulations now in the pipe- are even concerned about the little bit move costly mandates that pile unnec- line, 822 affect small businesses and 212 are of money that each one of them would essary financial burdens on colleges ‘economically significant’ rules wielding at have to provide in order for us to en- and universities. least $100 million in economic impact. That number represents a 32.5-percent jump over Mr. Speaker, I enter into the RECORD sure safety for children, education for the 160 rules five years ago, in 2006, and a children, safety for old people, and un- a statement from the 2012 edition of higher level than any year of the past decade derstanding that the middle class has ‘‘Ten Thousand Commandments’’ except for the 224 rules in 2010. this great need. issued by the Competitive Enterprise The number of final ‘major rule’ reports I ask unanimous consent to insert Institute relative to the explosive issued by agencies and reviewed by the Gov- the text of the amendment in the growth of regulations by Federal agen- ernment Accountability Office (GAO) has RECORD along with extraneous mate- cies in the past 2 years. grown. The 99 rules of 2010 represented the rial immediately prior to the vote on Mr. Speaker, again I want to say that highest number since this tabulation began. the previous question. Republicans, contrary to what our col- Five years ago, there were 56 such reports. leagues have said across the aisle, are The five most active rule-producing agen- The SPEAKER pro tempore. Is there cies—the departments of the Treasury, Com- objection to the request of the gen- not opposed to all regulations and merce, the Interior, and Agriculture, along tleman from Florida? rules. We are not opposed to govern- with the Environmental Protection Agency There was no objection. ment. We understand that we have to (EPA)—account for 1,733 rules, or 42 percent Mr. HASTINGS of Florida. Mr. have government in order to have a of all rules in the Unified Agenda pipeline. Speaker, I urge my colleagues to vote civil society. We understand that we The government’s reach extends well be- ‘‘no’’ and defeat the previous question. have to have regulations to protect us yond the taxes Washington collects and its I urge a ‘‘no’’ vote on the rule, and I in some cases from each other and to deficit spending and borrowing. Federal envi- yield back the balance of my time. make sure that we have an orderly so- ronmental, safety and health, and economic regulations cost hundreds of billions—per- Ms. FOXX. Mr. Speaker, the various ciety. elements of the comprehensive reform haps trillions—of dollars every year over and We live in the greatest country in the above the costs of the official federal outlays contained in title IV of the underlying world, Mr. Speaker; and we got here that dominate the policy debate. bill can be overwhelming, which is why not because of the government, but we Economics 101 on tax incidence explains it may be helpful to elaborate on the got here because of the hardworking how and why firms generally pass along to purpose of some of the most prominent Americans who have good values, who consumers the costs of some taxes. Likewise, individual provisions within the pack- love this country and want to see it some regulatory compliance costs that busi- age. continue to thrive. We can count on nesses face will find their way into the prices In that light, it is important for the those hardworking Americans to do the consumers pay and into wages earned. Taxation and regulation can substitute for American people to understand the op- right things in almost every case. What pressive nature and full scope of the each other because regulation can advance Republicans want are commonsense government initiatives without using tax costs associated with complying with regulations, and we want to stop the dollars. Rather than pay directly and book Federal mandates. flood of regulations that have come expenses for new programs, the government As a former small business owner, I particularly from this administration. can require the private sector—as well as experienced a myriad of costly, overly And the materials that I have sub- state and local governments—to pay for fed- burdensome Federal mandates, and I mitted to the RECORD, Mr. Speaker, eral initiatives through compliance costs. hear from my constituents every day will document the unnecessary rules Because such regulatory costs are not budgeted and lack the formal public disclo- about the challenges that they face in and regulations that have come, par- dealing with them. sure of federal spending, they may generate ticularly in this administration. comparatively little public outcry. Regula- In my position as chairwoman of the We have heard today many reasons House Subcommittee on Higher Edu- tion thus becomes a form of off-budget or for Congress and President Obama to hidden taxation. cation and Workforce Training, I have pursue Federal regulatory reform as a As the mounting federal debt causes con- become familiar with an example of a cost-free way in which the Federal cern, the impulse to regulate instead can ridiculous rule that will unnecessarily Government can promote economic also mount. Deficit spending, in a manner of complicate student access to higher growth. We have the worst deficit, the speaking, can manifest itself as regulatory education. As we all know, in recent worst debt we’ve ever had in this coun- compliance costs that go largely months, students and families have try. We have an unemployment rate unacknowledged by the federal government. Worse, if regulatory compliance costs prove urged Congress to act to stem the ever- that is stifling economic growth. What increasing cost of higher education. In burdensome, Congress can escape account- we’re proposing here today will help ability by blaming the agencies that issue response, the Obama administration our economy, will help revive our econ- the unpopular rules. has offered several proposals claiming omy, and will bring jobs to this coun- Openness about regulatory facts and fig- to reduce student loan debt and rein in try. ures is critical, just as disclosure of program tuition. However, these initiatives only This legislative package, with the costs is critical in the federal budget . . . further entrench the Federal Govern- passage of this rule, represents a vari- [But] Disclosure of and accountability for ment in the affairs of States and insti- ety of ways we can move towards these regulatory costs are spotty. This allows pol- tutions. icy makers to be reckless about imposing ends. As Americans look to Congress regulatory costs relative to undertaking or- In response, higher education offi- for innovative solutions to spur private cials are crying foul over a 2010 Depart- dinary—but more publicly visible—govern- sector job growth, I call on my col- ment spending. ment of Education rule establishing a leagues to support this rule and the un- The material previously referred to Federal definition of a credit hour. derlying legislation. Higher education personnel believe this by Mr. HASTINGS of Florida is as fol- The 2011 Federal Register stands at 81,247 lows: regulation will restrict innovation, pages. That number is just shy of 2010’s all- limit flexibility, and pave the way for time record-high 81,405 pages. These years AN AMENDMENT TO H. RES. 738 OFFERED BY additional Federal overreach into high- are the only two in which the number of Fed- MR. HASTINGS OF FLORIDA er education. As we’ve seen many eral Register pages topped 81,000. At the end of the resolution, add the fol- times before, onerous Federal regula- In 2011, agencies issued 3,807 final rules, lowing new section: compared with 3,573 in 2010, a 6.5-percent in- SEC. 3 tion always come with a price, which crease. It shall not be in order to consider a con- in this case is paid by students or their Proposed rules appearing in the Federal current resolution providing for adjourn- families. Register increased even more than the num- ment or adjournment sine die unless the

VerDate Mar 15 2010 01:46 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.031 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5148 CONGRESSIONAL RECORD — HOUSE July 24, 2012 House has been notified that the President ber leading the opposition to the previous The SPEAKER pro tempore. The has signed a bill to extend for one year cer- question, who may offer a proper amendment question is on ordering the previous tain expired or expiring tax provisions that or motion and who controls the time for de- apply to middle-income taxpayers with in- bate thereon.’’ question. come below $250,000 for married couples fil- Clearly, the vote on the previous question The vote was taken by electronic de- ing jointly, and below $200,000 for single fil- on a rule does have substantive policy impli- vice, and there were—yeas 238, nays cations. It is one of the only available tools ers, including, but not limited to, marginal 177, not voting 16, as follows: rate reductions, capital gains and dividend for those who oppose the Republican major- rate preferences, alternative minimum tax ity’s agenda and allows those with alter- [Roll No. 502] relief, marriage penalty relief, and expanded native views the opportunity to offer an al- tax relief for working families with children ternative plan. YEAS—238 and college students. Ms. FOXX. I yield back the balance Adams Goodlatte Nunnelee of my time, and I move the previous Aderholt Gosar Olson (The information contained herein was Alexander Gowdy Owens provided by the Republican Minority on mul- question on the resolution. Amash Granger Palazzo tiple occasions throughout the 110th and The SPEAKER pro tempore. The Amodei Graves (GA) Paul 111th Congresses.) question is on ordering the previous Austria Graves (MO) Paulsen THE VOTE ON THE PREVIOUS QUESTION: WHAT question on the resolution. Bachmann Griffin (AR) Pearce Bachus Griffith (VA) Pence IT REALLY MEANS The question was taken; and the Barletta Grimm Petri This vote, the vote on whether to order the Speaker pro tempore announced that Bartlett Guinta Pitts previous question on a special rule, is not the ayes appeared to have it. Barton (TX) Guthrie Platts merely a procedural vote. A vote against or- Mr. HASTINGS of Florida. Mr. Bass (NH) Hall Poe (TX) dering the previous question is a vote Speaker, on that I demand the yeas Benishek Hanna Pompeo against the Republican majority agenda and and nays. Berg Harper Posey a vote to allow the opposition, at least for Biggert Harris Price (GA) the moment, to offer an alternative plan. It The yeas and nays were ordered. Bilbray Hartzler Quayle is a vote about what the House should be de- The SPEAKER pro tempore. Pursu- Bilirakis Hastings (WA) Reed bating. ant to clause 8 of rule XX, further pro- Black Hayworth Rehberg Mr. Clarence Cannon’s Precedents of the ceedings on this question will be post- Blackburn Heck Reichert House of Representatives (VI, 308–311), de- Bonner Hensarling Renacci poned. Bono Mack Herger Ribble scribes the vote on the previous question on f Boren Herrera Beutler Rigell the rule as ‘‘a motion to direct or control the RECESS Boustany Huelskamp Rivera consideration of the subject before the House Brady (TX) Huizenga (MI) Roby being made by the Member in charge.’’ To The SPEAKER pro tempore. Pursu- Brooks Hultgren Roe (TN) defeat the previous question is to give the ant to clause 12(a) of rule I, the Chair Broun (GA) Hunter Rogers (AL) opposition a chance to decide the subject be- declares the House in recess for a pe- Buchanan Hurt Rogers (KY) Bucshon Issa Rogers (MI) fore the House. Cannon cites the Speaker’s riod of less than 15 minutes. ruling of January 13, 1920, to the effect that Buerkle Jenkins Rohrabacher ‘‘the refusal of the House to sustain the de- Accordingly (at 2 o’clock and 17 min- Burgess Johnson (IL) Rokita mand for the previous question passes the utes p.m.), the House stood in recess. Burton (IN) Johnson (OH) Rooney f Calvert Johnson, Sam Ros-Lehtinen control of the resolution to the opposition’’ Camp Jones Roskam in order to offer an amendment. On March AFTER RECESS Campbell Jordan Ross (FL) 15, 1909, a member of the majority party of- The recess having expired, the House Canseco Kelly Royce fered a rule resolution. The House defeated Cantor King (IA) Runyan the previous question and a member of the was called to order by the Speaker pro Capito King (NY) Ryan (WI) opposition rose to a parliamentary inquiry, tempore (Mr. WOMACK) at 2 o’clock and Carter Kingston Scalise asking who was entitled to recognition. 30 minutes p.m. Cassidy Kinzinger (IL) Schilling Chaffetz Kline Schmidt Speaker Joseph G. Cannon (R-Illinois) said: ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Coble Labrador Schock ‘‘The previous question having been refused, The SPEAKER pro tempore. Pursu- the gentleman from New York, Mr. Fitz- Coffman (CO) Lamborn Schweikert ant to clause 8 of rule XX, proceedings Cole Lance Scott (SC) gerald, who had asked the gentleman to Conaway Landry Scott, Austin yield to him for an amendment, is entitled to will resume on questions previously postponed. Votes will be taken in the Cravaack Lankford Sensenbrenner the first recognition.’’ Crawford Latham Sessions Because the vote today may look bad for following order: Crenshaw LaTourette Shimkus the Republican majority they will say ‘‘the Ordering the previous question on Culberson Latta Shuler vote on the previous question is simply a House Resolution 738, and adopting Davis (KY) Lewis (CA) Shuster vote on whether to proceed to an immediate House Resolution 738, if ordered. Denham LoBiondo Simpson vote on adopting the resolution . . . [and] The first electronic vote will be con- Dent Long Smith (NE) has no substantive legislative or policy im- DesJarlais Lucas Smith (NJ) plications whatsoever.’’ But that is not what ducted as a 15-minute vote. The re- Diaz-Balart Luetkemeyer Smith (TX) they have always said. Listen to the Repub- maining electronic vote will be con- Dold Lummis Southerland lican Leadership Manual on the Legislative ducted as a 5-minute vote. Dreier Lungren, Daniel Stearns The unfinished business is the vote Duffy E. Stutzman Process in the United States House of Rep- Duncan (SC) Mack Sullivan resentatives, (6th edition, page 135). Here’s on ordering the previous question on Duncan (TN) Manzullo Terry how the Republicans describe the previous the resolution (H. Res. 738) providing Ellmers Marchant Thompson (PA) question vote in their own manual: ‘‘Al- for consideration of the bill (H.R. 4078) Emerson Marino Thornberry though it is generally not possible to amend to provide that no agency may take Farenthold McCarthy (CA) Tiberi Fincher McCaul Tipton the rule because the majority Member con- any significant regulatory action until trolling the time will not yield for the pur- Fitzpatrick McClintock Turner (NY) pose of offering an amendment, the same re- the unemployment rate is equal to or Flake McHenry Turner (OH) sult may be achieved by voting down the pre- less than 6.0 percent; and providing for Fleischmann McKeon Upton consideration of the bill (H.R. 6082) to Fleming McKinley Walberg vious question on the rule . . . When the mo- Flores McMorris Walden tion for the previous question is defeated, officially replace, within the 60-day Forbes Rodgers Walsh (IL) control of the time passes to the Member Congressional review period under the Fortenberry Meehan Webster who led the opposition to ordering the pre- Outer Continental Shelf Lands Act, Foxx Mica West vious question. That Member, because he Franks (AZ) Miller (FL) Westmoreland President Obama’s Proposed Final Frelinghuysen Miller (MI) Whitfield then controls the time, may offer an amend- Outer Continental Shelf Oil & Gas ment to the rule, or yield for the purpose of Gallegly Miller, Gary Wilson (SC) amendment.’’ Leasing Program (2012–2017) with a con- Gardner Mulvaney Wittman In Deschler’s Procedure in the U.S. House gressional plan that will conduct addi- Garrett Murphy (PA) Wolf of Representatives, the subchapter titled Gerlach Myrick Womack tional oil and natural gas lease sales to Gibbs Neugebauer Woodall ‘‘Amending Special Rules’’ states: ‘‘a refusal promote offshore energy development, Gibson Noem Yoder to order the previous question on such a rule job creation, and increased domestic Gingrey (GA) Nugent Young (FL) [a special rule reported from the Committee energy production to ensure a more se- Gohmert Nunes Young (IN) on Rules] opens the resolution to amendment and further debate.’’ (Chapter 21, sec- cure energy future in the United NAYS—177 States, and for other purposes, on tion 21.2) Section 21.3 continues: ‘‘Upon re- Ackerman Baldwin Berkley jection of the motion for the previous ques- which the yeas and nays were ordered. Altmire Barber Berman tion on a resolution reported from the Com- The Clerk read the title of the resolu- Andrews Barrow Bishop (GA) mittee on Rules, control shifts to the Mem- tion. Baca Becerra Bishop (NY)

VerDate Mar 15 2010 04:44 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.008 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5149 Blumenauer Hanabusa Pelosi But there was a silver lining in this DesJarlais Kelly Rehberg Bonamici Hastings (FL) Perlmutter very, very dark moment in the history Diaz-Balart King (IA) Reichert Boswell Heinrich Peters Dold King (NY) Renacci Brady (PA) Higgins Peterson of Colorado. We saw bravery and self- Donnelly (IN) Kingston Ribble Braley (IA) Himes Pingree (ME) lessness and heroism among the people Dreier Kinzinger (IL) Rigell Brown (FL) Hinchey Polis who were in the theater that night. Duffy Kissell Rivera Butterfield Hinojosa Duncan (SC) Kline Roby Price (NC) Any one of us can tell you stories of Capps Hochul Quigley Duncan (TN) Labrador Roe (TN) Capuano Holden Rahall how complete strangers were willing to Ellmers Lamborn Rogers (AL) Cardoza Holt Rangel give up their own lives to save the lives Emerson Lance Rogers (KY) Carnahan Honda Richardson Farenthold Landry Rogers (MI) Carney Hoyer of the strangers next to them. In times Fincher Lankford Rohrabacher Richmond when it is difficult like that, you want Carson (IN) Israel Ross (AR) Fitzpatrick Latham Rokita Castor (FL) Johnson (GA) Rothman (NJ) to find bright spots—and there were Flake LaTourette Rooney Chandler Johnson, E. B. Roybal-Allard many. Another bright spot was the Fleischmann Latta Ros-Lehtinen Chu Kaptur Fleming Ruppersberger Lewis (CA) Roskam Cicilline Keating courage demonstrated by the Aurora Flores LoBiondo Ross (AR) Rush Clarke (MI) Kildee police and the fire department and the Forbes Long Ross (FL) Ryan (OH) Clarke (NY) Kind Fortenberry Lucas Royce Sa´ nchez, Linda FBI and the ATF in the face of what Clay Kissell Foxx Luetkemeyer Runyan T. Cohen Kucinich was a monstrous action by this guy. Franks (AZ) Lummis Ryan (WI) Sanchez, Loretta Connolly (VA) Langevin In Colorado, we consider ourselves to Frelinghuysen Lungren, Daniel Scalise Sarbanes Conyers Larsen (WA) Gallegly E. Schilling Schakowsky be pretty tough. Aurorans, where this Cooper Larson (CT) Gardner Mack Schmidt Schiff act took place, are pretty tough. It Costa Levin Garrett Manzullo Schock Costello Lewis (GA) Schrader hurts—we all hurt—but we are resilient Gerlach Marino Schweikert Courtney Lipinski Schwartz and we will get through it, and the sto- Gibbs Matheson Scott (SC) Scott (VA) Critz Loebsack ries being shared of some of those who Gibson McCarthy (CA) Scott, Austin Crowley Lofgren, Zoe Scott, David Gingrey (GA) McCaul Sensenbrenner Cuellar Lowey Serrano were injured actually really do lighten Gohmert McClintock Sessions Cummings Luja´ n Sewell the day. I know any one of us would be Goodlatte McHenry Shimkus Davis (CA) Lynch Sherman happy to talk to you all about that. Gosar McIntyre Shuler Sires Davis (IL) Maloney There has been a tremendous out- Gowdy McKeon Shuster DeFazio Markey Slaughter Granger McKinley Simpson DeGette Matheson Speier pouring of sympathy and condolences Graves (GA) McMorris Smith (NE) DeLauro Matsui Stark and compassion from all of you. I know Graves (MO) Rodgers Smith (NJ) Deutch McCarthy (NY) Sutton I speak on behalf of our entire delega- Green, Gene Meehan Smith (TX) Dicks McCollum Thompson (CA) Griffin (AR) Mica Southerland Dingell McDermott Thompson (MS) tion when I thank you for thinking Griffith (VA) Miller (FL) Stearns Doggett McGovern Tierney about us and where we live and our Grimm Miller (MI) Stutzman Donnelly (IN) McIntyre Tonko community, because we are in this to- Guinta Miller, Gary Sullivan Doyle McNerney Towns gether. We just thank you very much. Guthrie Mulvaney Terry Ellison Meeks Tsongas Hall Murphy (PA) Thompson (PA) Engel Michaud Van Hollen MOMENT OF SILENCE Hanna Myrick Thornberry Eshoo Miller (NC) Vela´ zquez So I ask that all of you stand with Harper Neugebauer Tiberi Farr Miller, George Visclosky Harris Noem Tipton Fattah Moore Walz (MN) me and our delegation in a moment of Hartzler Nugent Turner (NY) Filner Moran Wasserman silence to honor the memory of those Hastings (WA) Nunes Turner (OH) Frank (MA) Murphy (CT) Schultz who were killed, the wounded victims Hayworth Nunnelee Upton Fudge Nadler Waters Heck Olson Walberg Garamendi Napolitano Watt and all Americans during this time of Hensarling Owens Walden Gonzalez Neal Waxman healing. As I said once before and as Herger Palazzo Walsh (IL) Green, Al Olver Welch our Governor said, we will remember Herrera Beutler Paul Webster Green, Gene Pallone Wilson (FL) these people who were hurt, and we Huelskamp Paulsen West Gutierrez Pascrell Woolsey Huizenga (MI) Pearce Westmoreland Hahn Pastor (AZ) Yarmuth will help them all along the way. Hultgren Pence Whitfield The SPEAKER pro tempore. Without Hunter Petri Wilson (SC) NOT VOTING—16 objection, 5-minute voting will con- Hurt Pitts Wittman Akin Edwards Lee (CA) tinue. Issa Platts Wolf Bass (CA) Grijalva Reyes Jenkins Poe (TX) Womack Bishop (UT) Hirono Smith (WA) There was no objection. Johnson (IL) Pompeo Woodall Chabot Jackson (IL) Stivers The SPEAKER pro tempore. The Johnson (OH) Posey Yoder Cleaver Jackson Lee Young (AK) question is on the resolution. Johnson, Sam Price (GA) Young (AK) Clyburn (TX) Jones Quayle Young (FL) The question was taken; and the Jordan Reed Young (IN) Speaker pro tempore announced that NOES—170 b 1456 the ayes appeared to have it. Messrs. ISRAEL, FILNER, and Ms. Ackerman Cleaver Gonzalez RECORDED VOTE Altmire Clyburn Green, Al WILSON of Florida changed their vote Mr. HASTINGS of Florida. Mr. Andrews Cohen Grijalva from ‘‘yea’’ to ‘‘nay.’’ Speaker, I demand a recorded vote. Baca Connolly (VA) Gutierrez Baldwin Conyers Hahn Mr. LEWIS of California changed his A recorded vote was ordered. vote from ‘‘nay’’ to ‘‘yea.’’ Barber Cooper Hanabusa The SPEAKER pro tempore. This is a Barrow Costa Heinrich So the previous question was ordered. 5-minute vote. Becerra Costello Higgins The result of the vote was announced The vote was taken by electronic de- Berkley Courtney Himes as above recorded. Berman Critz Hinchey vice, and there were—ayes 244, noes 170, Bishop (GA) Crowley Hinojosa (By unanimous consent, Mr. PERL- not voting 17, as follows: Bishop (NY) Cuellar Hochul MUTTER was allowed to speak out of Blumenauer Cummings Holden order.) [Roll No. 503] Bonamici Davis (CA) Holt AYES—244 Boswell Davis (IL) Honda AURORA, COLORADO TRAGEDY Brady (PA) DeFazio Hoyer Adams Black Canseco Braley (IA) DeGette Israel Mr. PERLMUTTER. Mr. Speaker, I Aderholt Blackburn Cantor Brown (FL) DeLauro Johnson (GA) stand here with a lot of sadness with Alexander Bonner Capito Butterfield Deutch Johnson, E. B. Amash Bono Mack Carter my friends from the Colorado delega- Capps Dicks Kaptur Amodei Boren Cassidy tion. We Democrats and Republicans Capuano Dingell Keating Austria Boustany Chaffetz Cardoza Doggett Kildee are a pretty tight-knit group. We had a Bachmann Brady (TX) Coble Carnahan Doyle Kind Bachus Brooks Coffman (CO) terrible incident in Aurora, Colorado, Carney Ellison Kucinich Barletta Broun (GA) Cole on Friday, you all are well aware of, Carson (IN) Engel Langevin Bartlett Buchanan Conaway Castor (FL) Eshoo Larsen (WA) where 12 people were killed and 58 were Barton (TX) Bucshon Cravaack Chandler Farr Larson (CT) wounded. It is with sadness and grief Bass (NH) Buerkle Crawford Chu Fattah Levin Benishek Burgess Crenshaw that we come before you today. As our Cicilline Filner Lewis (GA) Berg Burton (IN) Culberson Governor said at the vigil on Sunday Clarke (MI) Frank (MA) Lipinski Biggert Calvert Davis (KY) Clarke (NY) Fudge Loebsack night, we will remember these 12 and Bilbray Camp Denham Clay Garamendi Lofgren, Zoe those who were shot. Bilirakis Campbell Dent

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Lowey Peters Sires SECTION 1. SHORT TITLE. GENERAL LEAVE Luja´ n Peterson Slaughter This Act may be cited as the ‘‘Federal Reserve Mr. ISSA. Mr. Speaker, I ask unani- Lynch Pingree (ME) Speier Transparency Act of 2012’’. Maloney Polis mous consent that all Members may Stark SEC. 2. AUDIT REFORM AND TRANSPARENCY FOR Markey Price (NC) have 5 legislative days within which to Sutton THE BOARD OF GOVERNORS OF THE Matsui Quigley Thompson (CA) FEDERAL RESERVE SYSTEM. revise and extend their remarks and in- McCarthy (NY) Rahall Thompson (MS) (a) IN GENERAL.—Notwithstanding section 714 clude extraneous materials on the bill McCollum Rangel Tierney McGovern Richardson of title 31, United States Code, or any other pro- under consideration. Tonko McNerney Rothman (NJ) vision of law, an audit of the Board of Gov- The SPEAKER pro tempore. Is there Towns Meeks Roybal-Allard ernors of the Federal Reserve System and the Tsongas objection to the request of the gen- Michaud Ruppersberger Federal reserve banks under subsection (b) of tleman from California? Miller (NC) Rush Van Hollen Vela´ zquez such section 714 shall be completed within 12 There was no objection. Miller, George Ryan (OH) months of the date of enactment of this Act. Moore Sa´ nchez, Linda Visclosky Mr. ISSA. I yield myself such time as (b) REPORT.— Moran T. Walz (MN) (1) IN GENERAL.—A report on the audit re- I may consume. Murphy (CT) Sanchez, Loretta Wasserman H.R. 459, the Federal Reserve Trans- Nadler Sarbanes Schultz quired under subsection (a) shall be submitted Napolitano Schiff Waters by the Comptroller General to the Congress be- parency Act, directs the GAO to con- Neal Schrader Watt fore the end of the 90-day period beginning on duct a full audit of the Federal Re- Olver Schwartz Waxman the date on which such audit is completed and serve. The Dodd-Frank legislation Pallone Scott (VA) Welch made available to the Speaker of the House, the mandated a GAO audit of the Fed, but Pascrell Scott, David Wilson (FL) majority and minority leaders of the House of Pastor (AZ) Serrano that audit, issued by the Government Woolsey Representatives, the majority and minority lead- Pelosi Sewell Yarmuth Accountability Office in July of 2011, Perlmutter Sherman ers of the Senate, the Chairman and Ranking focused solely on the issues concerning Member of the committee and each subcommittee NOT VOTING—17 of jurisdiction in the House of Representatives emergency credit facilities. GAO remains restricted, under the Akin Hirono McDermott and the Senate, and any other Member of Con- Bass (CA) Jackson (IL) Reyes gress who requests it. current law, from conducting a broader Bishop (UT) Jackson Lee Richmond (2) CONTENTS.—The report under paragraph audit of the Fed that includes, for in- Chabot (TX) Schakowsky (1) shall include a detailed description of the stance, a review of the Fed’s monetary Edwards Lee (CA) Smith (WA) findings and conclusion of the Comptroller Gen- Hastings (FL) Marchant Stivers policy operations and its agreements eral with respect to the audit that is the subject with foreign governments and central ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of the report, together with such recommenda- banks. The bill remedies this situation The SPEAKER pro tempore (during tions for legislative or administrative action as by permitting GAO, the investigative the vote). There is 1 minute remaining. the Comptroller General may determine to be appropriate. arm of Congress, to conduct a non- b 1506 (c) REPEAL OF CERTAIN LIMITATIONS.—Sub- partisan audit that will review all of section (b) of section 714 of title 31, United these transactions. The findings of the So the resolution was agreed to. States Code, is amended by striking all after ‘‘in audit are to be reported to Congress. The result of the vote was announced writing.’’. It is particularly appropriate that we as above recorded. (d) TECHNICAL AND CONFORMING AMEND- consider this legislation at this time. A motion to reconsider was laid on MENT.—Section 714 of title 31, United States While Congress should not manage or the table. Code, is amended by striking subsection (f). micromanage details of monetary pol- SEC. 3. AUDIT OF LOAN FILE REVIEWS REQUIRED PERSONAL EXPLANATION BY ENFORCEMENT ACTIONS. icy, it needs to be able to conduct over- Mr. AKIN. Mr. Speaker, on rollcall Nos. 502 (a) IN GENERAL.—The Comptroller General of sight of the Fed. The Fed was created and 503 I was delayed and unable to vote. the United States shall conduct an audit of the by Congress to be a central bank, inde- Had I been present I would have voted ‘‘aye’’ review of loan files of homeowners in foreclosure pendent of the influence of the U.S. on rollcall No. 502 and ‘‘aye’’ on rollcall No. in 2009 or 2010, required as part of the enforce- Treasury. It was never intended to, in 503. ment actions taken by the Board of Governors of fact, be independent of Congress or the Federal Reserve System against supervised f independent of the American people. financial institutions. In recent years, the Fed’s extraor- (b) CONTENT OF AUDIT.—The audit carried out ANNOUNCEMENT BY THE SPEAKER dinary interventions into the economy PRO TEMPORE pursuant to subsection (a) shall consider, at a minimum— and financial markets have led some to The SPEAKER pro tempore. Pursu- (1) the guidance given by the Board of Gov- call into question its independence. We ant to clause 8 of rule XX, the Chair ernors of the Federal Reserve System to inde- do not ask for an audit for that reason. will postpone further proceedings pendent consultants retained by the supervised We ask for an audit because the Amer- today on motions to suspend the rules financial institutions regarding the procedures ican people ultimately must be able to to be followed in conducting the file reviews; hold the Fed accountable; and to do so, on which a recorded vote or the yeas (2) the factors considered by independent con- and nays are ordered, or on which the sultants when evaluating loan files; they must know, at least in retrospect, vote incurs objection under clause 6 of (3) the results obtained by the independent what the Fed has done over these many rule XX. consultants pursuant to those reviews; years that it has been without an Record votes on postponed questions (4) the determinations made by the inde- audit. That is why I support H.R. 459, a pendent consultants regarding the nature and will be taken later. bipartisan bill with 273 other cospon- extent of financial injury sustained by each sors. f homeowner as well as the level and type of re- I urge my colleagues’ support, and I mediation offered to each homeowner; and b 1510 (5) the specific measures taken by the inde- reserve the balance of my time. FEDERAL RESERVE pendent consultants to verify, confirm, or rebut ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE TRANSPARENCY ACT OF 2012 the assertions and representations made by su- The SPEAKER pro tempore. Mem- pervised financial institutions regarding the bers are reminded not to traffic the Mr. ISSA. Mr. Speaker, I move to contents of loan files and the extent of financial well while another Member is under suspend the rules and pass the bill injury to homeowners. recognition. (H.R. 459) to require a full audit of the (c) REPORT.—Not later than the end of the 6- Mr. CUMMINGS. Mr. Speaker, I yield Board of Governors of the Federal Re- month period beginning on the date of the enactment of this Act, the Comptroller General 2 minutes to the gentleman from Mary- serve System and the Federal reserve shall issue a report to the Congress containing land (Mr. HOYER). banks by the Comptroller General of all findings and determinations made in car- Mr. HOYER. I thank the gentleman the United States before the end of rying out the audit required under subsection for yielding. 2012, and for other purposes, as amend- (a). Mr. Speaker, when the sponsors of ed. The SPEAKER pro tempore. Pursu- this bill talk about ‘‘auditing’’ the Fed- The Clerk read the title of the bill. ant to the rule, the gentleman from eral Reserve, they don’t mean a tradi- The text of the bill is as follows: California (Mr. ISSA) and the gen- tional audit. An outside, independent H.R. 459 tleman from Maryland (Mr. CUMMINGS) accounting firm already audits the Be it enacted by the Senate and House of Rep- each will control 20 minutes. Federal Reserve’s annual financial resentatives of the United States of America in The Chair recognizes the gentleman statements, and GAO is already em- Congress assembled, from California. powered to review the Fed’s financial

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.007 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5151 statements and a broad range of its have transparency, well, it’s very polit- Mr. ISSA. Will the gentleman yield? functions. ical when you have a Federal Reserve Mr. FRANK of Massachusetts. I yield In fact, the Wall Street reform legis- that can bail out one company and not to the gentleman from California. lation Democrats passed last Congress another company. That’s pretty polit- Mr. ISSA. I thank the gentleman. expanded the types of audits GAO can ical. Would you suggest that we should do conduct, as has been mentioned by Mr. I think when people talk about inde- both of those? ISSA. So there is transparency and ac- pendence and having this privacy of Mr. FRANK of Massachusetts. No. I countability when it comes to the Fed- the central bank means they want se- reclaim my time and say we should do eral Reserve’s finances and operations. crecy, and secrecy is not good. We none of them. I was saying I have a However, this bill would, instead, jeop- should have privacy for the individual, consistent position. I don’t think we ardize the Fed’s independence by sub- but we should have openness of govern- should do any of them. What I’m say- jecting its decisions on interest rates ment all the time, and we’ve drifted a ing is, people who get up there and beat and monetary policy to a GAO audit. long way from that. their chest about how tough they are The Fed, like every other major cen- The bill essentially removes the pro- and they’re not afraid of the Federal tral bank in the world, is independent, hibitions against a full audit. To audit, Reserve but exempt it from the great and Congress has rightly insulated the we should know what kind of trans- rulemaking bill, and subject the Con- Fed from short-term political pres- actions there are. We should know sumer Bureau—that terrible threat to sures. about the deals that they made when the well-being of Americans—to the ap- I agree with Chairman Bernanke that they were fixing the price of LIBOR. propriations process, but let the Fed- congressional review of the Fed’s mon- These are the kinds of things that have eral Reserve, which spends about 150 etary policy decisions would be a gone on for years that we have no ac- times as much, go free—I am inclined ‘‘nightmare scenario,’’ especially judg- cess to. to doubt their seriousness. Not their ing by the track record of this Con- Congress has this responsibility. We purity, that would be a violation of the gress when it comes to governing effec- are reneging on our responsibility. We rules, but their seriousness. This is a tively and intervening in the courts have had the responsibility and we way to shake your fist at that big, bad and other areas. We don’t have to look have not done it, so it is up to us to re- Fed. And it’s not a good way. any further than the Congress unneces- assert ourselves. We hear a lot about uncertainty. Re- sarily taking the country to the brink The Constitution is very clear who member, the Federal Reserve is now of default last summer in a display of has the responsibility, but the law con- subject to a complete openness about politics. flicts with the Constitution. The law all of its transactions with private All of us, Mr. Speaker, want trans- comes along and says the Congress companies. We did that last year. The parency. All of us here want to make can’t do it. Well, you can’t change the gentleman from Texas had a major role sure that the Federal Reserve is work- Constitution and prohibit the Congress in that. When the Federal Reserve ing to carry out the economic goals of from finding out what’s going on by deals with any other institution, we the American people, which are max- writing a law, and this is what has hap- know what it does. We don’t know it imum employment and price stability. pened. necessarily the same day. There were But that’s not what this bill is about. So it is time that we repeal this pro- these predictions about what terrible This bill increases the likelihood that hibition against a full audit of the Fed- things were going to happen when the the Fed will make decisions based on eral Reserve. We deserve it. The Amer- Federal Reserve did this and that. political rather than economic consid- ican people deserve it. The American They haven’t come true. Maybe they erations, and that is not a recipe for people know about it and understand will some day, but we will know it. sound monetary policy. it, and that’s what they’re asking for. This makes this exception: it says I urge my colleagues to defeat this They’re sick and tired of what hap- that we will audit the decisions about bill and preserve the independence of pened in the bailout, where the monetary policy. It says that members the Fed so it can keep our currency wealthy got bailed out and the poor who vote on what the interest rate stable and cultivate the best conditions lost their jobs and they lost their should be will now be audited. They for our economy to grow and create homes. will be subject to being quizzed about jobs. Mr. CUMMINGS. I yield 4 minutes to why they did that. Now, I will tell my Unfortunately, Mr. Speaker, we, in the distinguished gentleman from Mas- Democratic friends, understand that Congress, have shown too frequently sachusetts (Mr. FRANK), the ranking one part of this problem is the objec- our inability in a political environ- member of the Financial Services Com- tion on the part of the Republican ment to make tough choices. That fail- mittee. Party to the fact that our Federal Re- ure has led us, in part, to where we are Mr. FRANK of Massachusetts. Mr. serve, unusual among central banks, today. I urge my colleagues to defeat Speaker, I think this is a bad idea, and has a dual mandate. They are charged this unwarranted, unjustified, and dan- I am somewhat confused. under our statute to be concerned gerous legislation. By the way, we will be debating to- about inflation and about unemploy- Mr. ISSA. Mr. Speaker, it’s now my morrow a bill which restricts rule- ment. honor to yield 2 minutes to the gen- making, and it exempts the Federal Now, the Republicans have an agenda tleman from Texas (Mr. PAUL), the au- Reserve, as I read it. So we’re kind of they’re keeping on low key until next thor of this bill and the man who un- on again/off again about the Federal year. They have a bill, but they won’t derstands that not knowing should Reserve. It seems to me what we’re act on it yet. But they would like to never be an answer. talking about is taking some fake strip that part of the mandate. They Mr. PAUL. I thank the gentleman for punches at the Federal Reserve but not would like the Federal Reserve to be yielding. doing anything serious. only involved in inflation. They don’t I rise, obviously, in strong support of My Republican colleagues brought up like the notion that the Federal Re- this legislation. I don’t know how any- a reconciliation bill that was going to serve deals with unemployment, and body could be against transparency. subject the Consumer Bureau to appro- this is a way that, if it were ever to be- They want secrecy, especially when priations. come law, and no one thinks it will— the secrecy is to protect individuals this is a, Look how tough we are. We who deal in trillions of dollars, much b 1520 are going to wave our fists at the Fed. bigger than what the Congress does. So I offered an amendment to subject But it would be a way to kind of put And these trillions of dollars bail out the Federal Reserve to appropriations. pressure on members of the Open Mar- all the wealthy, rich people; the banks That was voted down. So we’re not ket Committee and see, were you wor- and the big corporations; inter- going to restrict their rulemaking. ried about unemployment when you did national, overseas banks; bailing out We’re not going to subject them to ap- this? That’s the audit. This has noth- Europe; dealing with central banks propriations, even though that’s being ing to do with how they spend their around Europe and different places. done elsewhere. We’re going to audit money. It has nothing to do with whom And to say that we should have se- them, which is a way to look tough they contract. That is what people usu- crecy and to say that it’s political to without really being tough. ally think about an audit. It doesn’t

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.041 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5152 CONGRESSIONAL RECORD — HOUSE July 24, 2012 have anything to do with whether they parency. Without his leadership, we tended consequences and have totally are efficient or not. It is an ideological wouldn’t be at this point today, and I unwarranted effects on consumer con- agenda by a group of people who didn’t applaud him and thank him for that. fidence in our financial institutions. like what the Federal Reserve was Some would say that the Fed is al- If the individual members of the doing—under, by the way, George Bush, ready audited, but there are some key Open Markets Committee know that there was reference to the bailouts, points where it is not. These include each one of their decisions are subject which were, of course, under the Bush transactions with foreign central to potential political pressure, it would administration. One of the things that banks, discussion and actions on mone- significantly alter that decision-mak- we did, by the way, in our bill 2 years tary policy, and transactions made ing process. An open door to the Fed- ago—and all my Republican colleagues under the direction of the Federal Open eral Open Markets Committee would voted against the bill—was to take Market Committee. invite political pressures. And having away from the Federal Reserve the If we are truly about openness and decisions that are driven by politics power they used—under President transparency in this Nation, which dis- and polling data is not the path to Bush—to give/lend $85 billion to AIG. tinguishes us above and beyond so sound monetary policy. We rescinded that. I don’t think Mr. many others, we deserve and need to Decisions about monetary policy Bernanke, a Bush appointee, was doing know this information. should never be based on the raw polit- the wrong thing necessarily, but we We need also understand the impera- ical needs of the moment but instead took back that power. tive that is before us because the Fed- should always be based strictly on ob- So this is partly a show because on eral Reserve balance sheet has ex- jective economic considerations and the two serious efforts to curtail the ploded in recent years. In fact, since guided by the twin mandates of low in- Fed’s powers, my Republican col- 2008, it has literally tripled. It’s gone flation and full employment. The unin- leagues aren’t there. But secondly—and from $908 billion on its balance sheet to tended consequences of this bill would as I said, I’m consistent—I don’t think over $2.8 trillion, nearly a 33 percent be to open the Federal Reserve to polit- that we should do any of these things. annualized increase since January 2008. ical influence, and that would have a I think what we did with regard to The Federal Reserve ownership of negative impact on the Fed’s independ- openness makes sense. I’m not pre- Treasuries has also increased substan- ence and its ability to produce sound tending to be tough when I’m not. tially in recent years, having more economic policy. I urge a strong bipar- The SPEAKER pro tempore. The than doubled from January of 2008 to tisan ‘‘no’’ vote. time of the gentleman has expired. January of 2012, where it went from b 1530 Mr. CUMMINGS. I yield the gen- $741 billion to $1.66 trillion. tleman 1 additional minute. Let’s understand also that in fiscal Mr. ISSA. It is now my honor to yield Mr. FRANK of Massachusetts. But year 2011, the Federal Reserve pur- 1 minute to the gentleman from Texas what it will do is destabilize. We have chased 76 percent of new Treasuries. (Mr. FARENTHOLD). worries about expectations. There is a Certainly the American people and this Mr. FARENTHOLD. Mr. Speaker, the fear that we will be too inflationary or Congress deserves more openness, Constitution grants us the power to that we won’t grow enough. People on transparency, and at the very least an coin money and regulate the value Wall Street are not as sophisticated as audit. I encourage my colleagues on thereof, and we’ve delegated this to the some people think. I don’t mean both sides of the aisle to support this Fed. Unfortunately, we’ve tied our they’re not sophisticated about their commonsense piece of legislation, and hands behind our back with respect to own business, as we know, but they again congratulate Dr. PAUL, and con- seeing what they’re doing, and it’s our will read this and take it more seri- tinue to hope for his pursuit of this duty to conduct oversight. A moment ously than the Members here do who issue. ago, Mr. FRANK said the audit was just think it might eventually become law, Mr. CUMMINGS. I yield 2 minutes to fist pounding and chest pounding. I dis- and it will destabilize some of the fi- the gentlewoman from New York (Mrs. agree. It’s the first step. It is our doing nancial system. They will see it as po- MALONEY). our homework to determine what needs litical interference not with the con- Mrs. MALONEY. This is an absolute to be done to reform the Fed. tracting procedures, not with the budg- terrible idea. Although I am in total Chairman Bernanke said this bill et, not with how many cars they have, agreement with Mr. PAUL that trans- would be a ‘‘nightmare scenario’’ of po- but with how they decide on interest parency is a virtue, I also believe that litical meddling in monetary affairs. I rates. And the perception that the Con- the Federal Reserve must be free of disagree. I think the current situation gress is going to politicize the way in any political influence, and I’m afraid is a nightmare scenario in unaccount- which interest rates are set will in this bill opens the door for precisely able government. As Justice Brandeis itself have a destabilizing effect. that to happen. I don’t believe there is said, ‘‘Sunshine is always the best dis- And as I said, nobody here thinks anyone in this Chamber that thinks infectant.’’ As a member of the Over- this will ever become law. But there is that what the process needs is more sight and Government Reform Com- this fear on the part of others who politics. mittee, we demand transparency from don’t know that that will translate Make no mistake, I agree that max- agencies like the GSA, the TSA, and into precisely the kind of uncertainty, imum transparency is necessary and other Fed agencies. precisely the kind of unsettling on in- desirable, and that’s precisely why we I join my friend and neighbor in Con- vestments that my Republican col- included numerous transparency re- gress, Dr. PAUL, in demanding for the leagues pretend to fear, and it will also quirements in the financial reform bill, American people that sunshine be send them the message, stop worrying as well as numerous audit require- shined into the Fed and this audit be about unemployment. ments. We authorized the GAO to audit conducted. I urge my colleagues to sup- Mr. ISSA. As I introduced my good the Fed’s emergency lending facility. port this bill because the American friend and leader on this issue, Mr. We authorized the GAO to audit any people have a right to know. CHAFFETZ, I might note that when the special facility created within the Fed. Mr. CUMMINGS. I yield 1 minute to word ‘‘Democrat’’ and ‘‘Republican’’ And we required the Fed to issue an as- the gentleman from Massachusetts are used in this Hall, hopefully when sessment 2 years after institutions (Mr. FRANK). there are 45 Democratic Members on were granted access to the Fed’s dis- Mr. FRANK of Massachusetts. Mr. this bill as cosponsors, we would recog- count window. Speaker, to illustrate the misconcep- nize this is a bipartisan bill. We crafted those measures and more tions about this bill, let’s refer to what I now yield 2 minutes to the gen- in a way that ensures transparency but the gentleman from Utah (Mr. tleman from Utah (Mr. CHAFFETZ). still preserves the independence of the CHAFFETZ) had to say. He said 76 per- Mr. CHAFFETZ. I thank the chair- Federal Reserve in its decision-making cent of the purchasers of this and that. man. process in the critical area of monetary Well, if they were so nontransparent, I I also want to appreciate and con- policy. But this bill, as it now stands, don’t know how he would know that. gratulate Dr. RON PAUL for his tireless would provide information without a He didn’t have a subpoena. But the fact pursuit of this openness and trans- proper context. That could have unin- is, yes, he knows that because of the

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.043 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5153 transparency we’ve already built in. the mandate that Congress has given Frank by then-Chairman BARNEY But all the more important, the de- to the Federal Reserve. FRANK is now being characterized as tails, the specifics of every one of those The gentleman who just spoke is ab- somehow ill-intended and mischievous transactions are already public. solutely right; They are supposed to activity by the proponent. I would This isn’t about those transactions or deal with inflation. That’s what we trust that that is not the intent of the about with whom they were done and told them to do in their mandate. speakers on behalf of that side of the under what time period. It’s about the They’re supposed to deal with unem- aisle about this bipartisan bill. It is motives of the people setting monetary ployment. That’s what we told them to virtually identical to the language that policy. do in the mandate we gave. BARNEY FRANK put into Dodd-Frank. And let me address the Constitution. And some people over there are dis- Mr. WATT. Will the gentleman yield? Yes, it is true that the Constitution satisfied with the fact that—they don’t Mr. ISSA. I yield to the gentleman gives us the power to do this. The Con- want them to deal with unemployment. from North Carolina. stitution gives us a lot of power. It They don’t want them to try to adjust Mr. WATT. I just want to be clear gives us power to declare war on Can- and make changes that will be bene- that Mr. FRANK and I both voted ada. It gives us the power to do a lot of ficial to our economy. And if they against the bill that you’re talking things. Wise people pick and choose don’t want that, they ought to just in- about, so don’t try to make it sound which powers they use. troduce a bill that repeals the mandate like it’s Mr. FRANK’s and my bill. We But this is not about getting more that we gave to them. voted against the bill. This is RON information about their transactions. Don’t come and say that we are talk- PAUL’s bill. We thought it was a ter- All of that is out there. This is an ef- ing about sunshine and transparency. rible idea then, and we think it’s a ter- fort to give politicians, a wonderful Every time I turn on the television rible idea now. group of people of which I am one, now, I hear the Federal Reserve, Chair- Mr. ISSA. Reclaiming my time, I more direct involvement in the actual man Bernanke and members of the would like to yield 15 seconds to the decisions on setting of interest rates Federal Reserve, talking about how the gentleman from Texas, the author of than is good for the economy. economy is going. That is not lack of the bill. Mr. ISSA. It is now my honor to yield sunshine and lack of information. I Mr. PAUL. Did you vote against 1 minute to the gentleman from Michi- thought we had dealt with this when Dodd-Frank? Because it was in Dodd- gan (Mr. AMASH). Mr. PAUL was the ranking member of Frank. It wasn’t a separate bill. Maybe Mr. AMASH. I would like to thank the subcommittee and I was the chair- on a separate vote you might have Chairman ISSA and thank and con- man. done it, but it was in Dodd-Frank. gratulate Dr. RON PAUL for his tireless Mr. PAUL’s problem is he doesn’t like Mr. ISSA. I now yield 1 minute to the work on this issue for many decades. the Federal Reserve. He is avowedly in gentleman from Montana (Mr. REH- Mr. Speaker, what is the Federal Re- favor of doing away with the Federal BERG). serve? I think even many Members of Reserve. That’s an honest position. But Mr. REHBERG. Thank you, Mr. ISSA, this body couldn’t answer that ques- don’t come in and try to cloak it in the and I especially thank you, Dr. PAUL. tion. And yet Congress has delegated guise of this agency is not transparent Tomorrow, the House of Representa- its constitutional authority to this or it lacks sunshine. If you don’t like tives will uphold our constitutional committee of bankers and Presidential the mandate that they have, then have duty and vote to pull back the secre- appointees. To no institution in our the guts to stand up and introduce a tive curtain of the Federal Reserve. country’s history has Congress given so bill that says that we are doing away The American people have a right to much power while knowing so little. with the Federal Reserve. know. It’s an important step in open- As our central bank, we’ve entrusted The SPEAKER pro tempore. The ness and government transparency the Federal Reserve with managing in- time of the gentleman has expired. that’s long overdue. flation. That means the Fed can Mr. CUMMINGS. I yield the gen- Just a few years ago, the Senate re- change the value of Americans’ life tleman 1 additional minute. jected an effort to add this strong audit savings, their retirement accounts and Mr. WATT. If you think we are in language to the Dodd-Frank bill, but their mortgages. Lately, the Fed has trouble now, if you get the politics and times are changing. As our economy taken on the role of ‘‘lender of last re- the Congress involved in transactions struggles and job creation lags, it’s sort.’’ It has made unprecedented mar- with foreign governments and the deci- more important than ever to look ket interventions, promising billions of sions about how we get ourselves out of under the hood of the Federal Reserve. dollars to the country’s largest finan- this unemployment situation, if we We need to find out exactly what they cial institutions. When investors have some answers about how to get are doing and why. That way, we can wouldn’t buy mortgages, the Fed did. out of unemployment, then I would as- determine if the Fed is actually hurt- When creditors became wary of Con- sume we would come forward with ing our economy and discouraging job gress’ spending binge, the Feds stepped them. And nobody on this floor of this growth. in. Congress has done anything to take up In a democracy, no government body Years ago, Congress enacted an audit an unemployment bill. So I’m glad we should be allowed to hide behind a cur- statute, but it prevents an audit of have the Federal Reserve over there at tain of secrecy. That’s why I stand monetary policy. The government’s ac- least trying to figure out how to make strongly behind this legislation. countants understandably were out- some adjustments in our economy that raged, saying they couldn’t ‘‘satisfac- will deal with unemployment. b 1540 torily audit the Federal Reserve sys- The last thing I want is for this Con- MOMENT OF SILENCE IN MEMORY OF OFFICER tem without authority to examine the gress to be second-guessing—or an JACOB J. CHESTNUT AND DETECTIVE JOHN M. Fed’s largest assets.’’ auditor that is not elected by anybody GIBSON Congress should be wary of all types to be second-guessing—the decisions of The SPEAKER pro tempore. Pursu- of central planning. We should be espe- the people who are on the Federal Re- ant to the Chair’s announcement of cially vigilant against unaccountable serve. An auditor might be a good ac- earlier today, the House will now ob- groups that profoundly affect Ameri- countant, he can count, but I want serve a moment of silence in memory cans’ lives and liberty. somebody on the Federal Reserve, and of Officer Jacob J. Chestnut and Detec- Pass this bill, and let’s audit the Fed. hopefully it would be nice to have some tive John M. Gibson. Mr. CUMMINGS. Mr. Speaker, I yield people in Congress who can make some Will all present please rise in observ- 2 minutes to the gentleman from North decisions about how to deal with unem- ance of a moment of silence. Carolina (Mr. WATT). ployment. Mr. CUMMINGS. Mr. Speaker, I yield Mr. WATT. I thank the gentleman. Mr. ISSA. Mr. Speaker, the rules of 30 seconds to the gentleman from Mas- Let me say, first, that this bill is not the House prohibit going after some- sachusetts (Mr. FRANK). about sunshine and it’s not about one’s motivation. I’m very concerned Mr. FRANK of Massachusetts. Mr. transparency. It is about dissatisfac- that a bill that, in a substantially Speaker, I’m glad that the Committee tion that some individuals have with similar form, was placed into Dodd- on Government and Oversight isn’t the

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.045 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5154 CONGRESSIONAL RECORD — HOUSE July 24, 2012 official House historian. In fact, there Dodd-Frank Act expanded the types of tially the policies that are chosen, thus was a motion to include language like audits GAO conducts of the Federal Re- degrading the Fed’s independence. this offered to the financial reform bill. serve, as well as the data the Fed must Last week, the Chairman of the Fed- I voted ‘‘no,’’ as did Mr. WATT. It was disclose to the public. For example, eral Reserve, Mr. Bernanke, described included in the bill. It’s true, I voted Dodd-Frank required the GAO to audit the potential impact of this bill to the for the bill. Of course, the gentleman the emergency financial assistance Financial Services Committee. He said: from Texas voted against the bill. So if provided during the financial crisis. The nightmare scenario I have is one in your vote on the whole bill is taken as The act also opens discount window which some future Fed Chairman would dean account of what you feel, he was operations and open market operations cide and say to raise the Federal funds rate against it. to audit so GAO can assess the oper- to 25 basis points and somebody would say, I But when it went to conference, it ational integrity, collateral policies, don’t like that decision. I want the GAO to fairness, and use of third-party con- go in and get all the records, get all the tran- was not in the Senate bill—which was scripts, get all the preparatory materials and the text of the conference—so it did tractors. And Dodd-Frank requires the give us an independent opinion whether or not come up, and no Republican con- Federal Reserve to release information not that was the right decision. feree offered it as an amendment. That regarding borrowers and counterparties I share Chairman Bernanke’s con- is, in the conference, that language participating in discount-lending pro- cern. For that reason, during the which I and the gentleman from North grams and open market operations. Mr. markup of this legislation in the Over- Carolina voted against was not offered Speaker, as a conferee who helped craft sight Committee, I offered an amend- by any Member of the conference, Dem- the final Dodd-Frank legislation, I sup- ment that would have retained the pro- ocrat or Republican. ported all of these provisions. tections for the Board of Governors’ in- I believe other areas of the Federal Mr. ISSA. History records that ternal monetary policy deliberations to Reserve’s operations are also ripe for Democrats broadly voted for it when it ensure that the audit required by this audit. During the committee’s consid- was voted out of this body. Nothing legislation did not intrude on the Fed- eration of this legislation, I offered an more need be said. eral Reserve’s independence. I continue amendment that would require GAO to With that, I yield 1 minute to the to believe this provision is needed to perform an audit of the independent gentlelady from Tennessee (Mrs. ensure this bill does not prohibit the LACKBURN foreclosure reviews currently being B ). ability of the Federal Reserve to imple- Mrs. BLACKBURN. I thank the gen- conducted by the Federal Reserve and ment monetary policies to strengthen tleman from California for the time. the Office of the Comptroller of the our Nation’s economy as it has done re- And I want to commend the gentleman Currency. peatedly throughout the recent finan- from Texas (Mr. PAUL) for his excellent Fourteen mortgage servicers have cial crisis. been required to establish a process work on this issue. I reserve the balance of my time. under which borrowers can request an Recently, I had a constituent say to Mr. ISSA. Mr. Speaker, can I inquire independent review of their loan his- me in a townhall meeting they thought how much time we both have remain- tories. But at the end of May, only it was time for Congress to start put- ing, please. ting some mandates on the Federal 200,000 out of about 4.4 million eligible The SPEAKER pro tempore. The gen- Government. They’re tired of govern- borrowers had requested an inde- tleman from California has 91⁄4 minutes ment mandates on them. Why don’t we pendent review of their foreclosure remaining. The gentleman from Mary- mandate, why don’t we hold them ac- cases. We need to understand whether land has 2 minutes remaining. countable? the design of the program has limited Mr. ISSA. I now yield 1 minute to the This is a piece of legislation that the number of borrowers who have gentlelady from Kansas (Ms. JENKINS). does exactly that. It requires the GAO sought reviews of their cases. Ms. JENKINS. I thank the gentleman Further, it is unclear how the types to conduct a full audit of the Board of for yielding, and I thank Dr. PAUL for Governors of the Federal Reserve Sys- and amounts of remediation are being his leadership on this very important tem and of the Federal Reserve banks determined. This is precisely the type issue. by the Comptroller General before the of issue that should be reviewed by the Mr. Speaker, the Federal Reserve end of the year. That is significant. A GAO. Certainly, the public has a right lent out $16 trillion during the fiscal timeline to do a job, to be held ac- and the Congress has a responsibility crisis. That’s larger than the entire countable to the people of this great to know and understand the trans- U.S. economy—or worse, our Federal Nation for how they spend their time, actions and enforcement actions under- debt. Trillions of taxpayer dollars, and their money, the decisions they make taken by the Nation’s central bank. we have very little understanding of that affect us. However, when Congress established where it went. It is imperative that we get this the Fed in 1913, it understood that Congress holds the purse, but we economy back on track. The actions independence from political inter- have no oversight over how the Fed that we will vote on today are part of ference was critical to the bank’s abil- manages the funds. This is why I’ve co- that, having a Federal Reserve that is ity to fulfill its monetary policy re- sponsored a bipartisan effort to audit accountable—accountable to our con- sponsibilities. the Fed in full. It’s our responsibility. stituents, accountable to the people of The Dodd-Frank Act was carefully Current monetary policy audits of this Nation. I commend the gentleman crafted to expand transparency while the Fed are insufficient. Most Fed op- for a move toward transparency and preserving the protections that ensure erations consist of transactions with accountability. the independence of the Federal Re- foreign central banks, and yet they are Mr. CUMMINGS. Mr. Speaker, may I serve’s internal deliberations on mone- exempt from review. When corruption inquire as to how much time we have. tary policy matters. The Board of Gov- is suspected, a common refrain is: fol- The SPEAKER pro tempore. The gen- ernors of the Federal Reserve must be low the money. With the historic sov- tleman from Maryland has 61⁄2 minutes able to pursue the policies it considers ereign debt crisis brewing in Europe, remaining. The gentleman from Cali- most responsive to our Nation’s cur- we must look closely at our own bal- fornia has 91⁄4 minutes remaining. rent economic conditions and most ance sheet. We must follow the money. Mr. CUMMINGS. Mr. Speaker, I yield likely to fulfill its dual mandate of As a CPA, I know we need more myself such time as I may consume. promoting maximum employment and transparency in Washington. It should Mr. Speaker, I rise today in opposi- stable prices. start with the Federal Reserve. tion to H.R. 459, which passed out of We should not allow GAO examina- the Oversight Committee without even tions to be the back door through b 1550 a single hearing and without testimony which politics intrude on monetary Mr. CUMMINGS. I yield 1 minute to from any Federal Reserve officials. policy—which is what this legislation the gentleman from Ohio (Mr. KUCI- Let me be clear: the Government Ac- would allow. Opening the Federal Re- NICH). countability Office has had the author- serve’s internal policy deliberations to Mr. KUCINICH. I would like to in- ity to audit the Federal Reserve’s GAO review could influence how such clude in the record of this debate an ar- books for three decades. In 2010, the deliberations are conducted and poten- ticle about the Fed’s policy model

VerDate Mar 15 2010 04:23 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.047 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5155 sacrificing its maximum employment other indicators, appear to be consistent down, while both defense and nondefense mandate and targeting 5 to 6 percent as with an economy expanding at only a mod- purchases are expected to decline in infla- unemployment. erate rate, close to its potential. tion-adjusted terms over the next several Such modest growth would imply little ad- years. Toward the end of this year, impor- SPEECH BY JANET L. YELLEN, VICE CHAIR, ditional progress in the near term in improv- tant decisions regarding the extension of BOARD OF GOVERNORS OF THE FEDERAL RE- ing labor market conditions, which remain current federal tax and budget policies loom. SERVE SYSTEM AT THE BOSTON ECONOMIC very weak. Currently, the unemployment I will return to the associated uncertainties CLUB DINNER, BOSTON, MASSACHUSETTS rate stands around 3 percentage points above and their potentially detrimental effects JUNE 6, 2012 where it was at the onset of the recession— later. PERSPECTIVES ON MONETARY POLICY a figure that is stark enough as it is, but A third factor weighing on the outlook is Good evening. I’m honored to have the op- does not even take account of the millions the likely sluggish pace of economic growth portunity to address the Boston Economic more who have left the labor force or who abroad. Strains in global financial markets Club and I’m grateful to Chip Case for invit- would have joined under more normal cir- have resurfaced in recent months, reflecting ing me to speak to you tonight. As most of cumstances in the past four years. All told, renewed uncertainty about the resolution of you probably know, Chip was one of the first only about half of the collapse in private the European situation. Risk premiums on economists to document worrisome signs of payroll employment in 2008 and 2009 has been sovereign debt and other securities have a housing bubble in parts of the United reversed. A critical question for monetary risen again in many European countries, States. After sounding an early alarm in policy is the extent to which these numbers while European banks continue to face pres- 2003, Chip watched the bubble grow and was reflect a shortfall from full employment sure to shrink their balance sheets. Even prescient in anticipating the very serious versus a rise in structural unemployment. without a further intensification of stresses, toll that its unwinding would impose on the While the magnitude of structural unem- the slowdown in economic activity in Europe economy. Chip recognized that declining ployment is uncertain, I read the evidence as will likely hold back U.S. export growth. house prices would affect not just residential suggesting that the bulk of the rise during Moreover, the perceived risks surrounding construction but also consumer spending, the recession was cyclical, not structural in the European situation are already having a the ability of households to borrow, and the nature. meaningful effect on financial conditions health of the financial system. In light of Consider figure 1, which presents three in- here in the United States, further weighing these pervasive linkages, the repeat sales dicators of labor market slack. The black on the prospects for U.S. growth. solid line is the unemployment gap, defined house price index that bears Chip’s name is Given these formidable challenges, most as the difference between the actual unem- one of the most closely watched of all U.S. private sector forecasters expect only grad- ployment rate and the Congressional Budget economic indicators. Indeed, as I will discuss ual improvement in the labor market and I Office (CBO) estimate of the rate consistent this evening, prolonged weakness in the share their view. Figure 2 shows the unem- with inflation remaining stable over time. housing sector remains one of several serious ployment rate together with the median The red dashed line is an index of the dif- headwinds facing the U.S. economy. Given forecast from last month’s Survey of Profes- ficulty households perceive in finding jobs, these headwinds, I believe that a highly ac- sional Forecasters (SPF), the dashed blue based on results from a survey conducted by commodative monetary policy will be needed line. The figure also shows the central tend- the Conference Board. And the red dotted for quite some time to help the economy ency of the unemployment projections that line is an index of firms’ ability to fill jobs, mend. Before continuing, let me emphasize my FOMC colleagues and I made at our April based on a survey conducted by the National that my remarks reflect my own views and meeting: Those projections reflect our as- Federation of Independent Business. All not necessarily those of others in the Fed- sessments of the economic outlook given our three measures show similar cyclical move- eral Reserve System. own individual judgements about the appro- ments over the past 20 years, and all now priate path of monetary policy. Included in ECONOMIC CONDITIONS AND THE OUTLOOK stand at very high levels. This similarity the figure as well is the central tendency of In my remarks tonight, I will describe my runs counter to claims that the CBO’s and FOMC participants’ estimates of the longer- perspective on monetary policy. To begin, other estimates of the unemployment gap run normal unemployment rate, which however, I’ll highlight some of the current overstate the true amount of slack by plac- ranges from 5.2 percent to 6 percent. Like conditions and key features of the economic ing insufficient weight on structural expla- private forecasters, most FOMC participants outlook that shape my views. To anticipate nations, such as a reduced efficiency of expect the unemployment rate to remain the main points, the economy appears to be matching workers to jobs, for the rise in un- well above its longer-run normal value over expanding at a moderate pace. The unem- employment since 2007. If that were the case, the next several years. ployment rate is almost 1 percentage point why would firms now find it so easy to fill Of course, considerable uncertainty at- lower than it was a year ago, but we are still positions? Other evidence also points to the tends this outlook: The shaded area provides far from full employment. Looking ahead, I dominant role of cyclical forces in the recent an estimate of the 70 percent confidence in- anticipate that significant headwinds will rise in unemployment: job losses have been terval for the future path of the unemploy- continue to restrain the pace of the recovery widespread, rather than being concentrated ment rate based on historical experience and so that the remaining employment gap is in the construction and financial sectors, model simulations. Its width suggests that likely to close only slowly. At the same and the co-movement of job vacancies and these projections could be quite far off, in ei- time, inflation (abstracting from the transi- unemployment over the past few years does ther direction. Nevertheless, the figure tory effects of movements in oil prices) has not appear to be unusual. shows that labor market slack at present is been running near 2 percent over the past As I mentioned, I expect several factors to so large that even a very large and favorable two years, and I expect it to remain at or restrain the pace of the recovery and the cor- forecast error would not change the conclu- below the Federal Open Market Committee’s responding improvement in the labor market sion that slack will likely remain substan- (the FOMC’s) 2 percent objective for the foregoing forward. The housing sector remains a tial for quite some time. seeable future. As always, considerable un- source of very significant headwinds. Hous- Turning to inflation, figure 3 summarizes certainty attends the outlook for both ing has typically been a driver of economic private and FOMC forecasts. Overall con- growth and inflation; events could prove ei- recoveries, and we have seen some modest sumer price inflation has fluctuated quite a ther more positive or negative than what I improvement recently, but continued uncer- bit in recent years, largely reflecting move- see as the most likely outcome. That said, as tainties over the direction of house prices, ments in prices for oil and other commod- I will explain, I consider the balance of risks and very restricted mortgage credit avail- ities. In early 2011 and again earlier this to be tilted toward a weaker economy. ability for all but the most creditworthy year, prices of crude oil, and thus of gaso- Starting with the labor market, conditions buyers, will likely weigh on housing demand line, rose noticeably. Smoothing through have gradually improved over the past year, for some time to come. When housing de- these fluctuations, inflation as measured by albeit at an uneven pace. Average monthly mand does pick up more noticeably, the huge the price index for personal consumption ex- payroll gains picked up from about 145,000 in overhang of both unoccupied dwellings and penditures (PCE) averaged near 2 percent the second half of 2011 to 225,000 during the homes in the foreclosure pipeline will likely over the past two years. In recent weeks, first quarter of this year. However, these allow a good deal of that demand to be met however, oil and gasoline prices have mod- gains fell back to around 75,000 a month in for a time without a sizeable expansion in erated and are now showing through to the April and May. The deceleration of payroll homebuilding. Moreover, the enormous toll headline inflation figures. Looking ahead, employment from the first to the second on household wealth resulting from the col- most FOMC participants at the time of our quarter was probably exacerbated by some lapse of house prices—almost a 35 percent de- April meeting expected inflation to be at, or combination of seasonal adjustment difficul- cline from its 2006 peak, according to the a bit below, our long-run objective of 2 per- ties and an unusually mild winter that likely Case-Shiller index—imposes ongoing recent through 2014; private forecasters on av- boosted employment growth earlier in the straint on consumer spending, and the loss of erage also expect inflation to be close to 2 year. Payback for that earlier strength prob- home equity has impaired many households’ percent. As with unemployment, uncertainty ably accounts for some of the weakness ability to borrow. around the inflation projection is substan- we’ve seen recently. Smoothing through A second headwind that will likely become tial. these fluctuations, the average pace of job more important over coming months relates In the view of some observers; the stability creation for the year to date, as well as re- to fiscal policy. At the federal level, stim- of inflation in the face of high unemploy- cent unemployment benefit claims data and ulus-related policies are scheduled to wind ment in recent years constitutes evidence

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.049 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5156 CONGRESSIONAL RECORD — HOUSE July 24, 2012 that much of the remaining unemployment broader issue that economic forecasters have anticipated that the Treasury-bill rate would is structural and not cyclical. They reason repeatedly overestimated the strength of the now stand at close to 31⁄2 percent; today, in that if there were truly substantial slack in recovery and so still may be too optimistic contrast, private forecasters expect short- the labor market, simple accelerationist about the prospects that growth will term interest rates to remain very low in ‘‘Phillips curve’’ models would predict more strengthen. 2014. noticeable downward pressure on inflation. Although I view the bulk of the increase in Of course, much of this revision in interest However, substantial cross-country evidence unemployment since 2007 as cyclical, I am rate projections would likely have occurred suggests that, in low-inflation environments, concerned that it could become a permanent in the absence of explicit forward guidance; inflation is notably less responsive to down- problem if the recovery were to stall. In this given the deterioration in projections of real ward pressure from labor market slack than economic downturn, the fraction of the activity due to the unanticipated persistence it is when inflation is elevated. workforce unemployed for six months or of headwinds, and the continued subdued In other words, the short-run Phillips more has climbed much more than in pre- outlook for inflation, forecasters would nat- curve may flatten out. One important reason vious recessions, and remains at a remark- urally have anticipated a greater need for for this non-linearity, in my view, is down- ably high level. Continued high unemploy- the FOMC to provide continued monetary ac- ward nominal wage rigidity—that is, the re- ment could wreak long-term damage by commodation. However, I believe the luctance or inability of many firms to cut eroding the skills and labor force attach- changes over time in the language of the nominal wages. ment of workers suffering long-term unem- FOMC statement, coupled with information provided by Chairman Bernanke and others The solid blue bars in figure 4 present a ployment, thereby turning what was ini- in speeches and congressional testimony, snapshot of the distribution of nominal wage tially cyclical into structural unemploy- helped the public understand better the Com- changes for individual jobs during the depth ment. This risk provides another important mittee’s likely policy response given the of the current labor market slump, based on reason to support the recovery by maintain- data collected by the Bureau of Labor Statis- slower-than-expected economic recovery. As ing a highly accommodative stance of mone- a result, forecasters and market participants tics. For comparison, the dashed red line pre- tary policy. sents a hypothetical distribution of wage appear to have marked down their expecta- changes, using a normal distribution that THE CONDUCT OF POLICY WITH UNCONVENTIONAL tions for future short-term interest rates by approximates the actual distribution of wage TOOLS more than they otherwise would have, there- changes greater than zero. The distribution Now turning to monetary policy, I will by putting additional downward pressure on of actual wage changes shows that a rel- begin by discussing the FOMC’s reliance on long-term interest rates, improving broader atively high percentage of workers saw no unconventional tools to address the dis- financial conditions, and lending support to change in their nominal wage, and relatively appointing pace of recovery. I will then aggregate demand. few experienced modest wage cuts. This pile- elaborate my rationale for supporting a The FOMC has also provided further mone- up phenomenon at zero suggests that, even highly accommodative policy stance. tary accommodation over time by altering when the unemployment rate was around 10 As you know, since late 2008, the FOMC’s the size and composition of the Federal Re- percent, many firms were reluctant to cut standard policy tool, the target federal funds serve’s securities holdings, shown in figure 8. The expansion in the volume of securities nominal wage rates. In the absence of this rate, has been maintained at the zero lower held by the Federal Reserve is shown in the barrier, nominal gains in wages and unit bound. To provide further accommodation, left panel of the figure. During 2009 and early labor costs would have likely been even more we have employed two unconventional tools 2010, the Federal Reserve purchased about subdued given the severity of the economic to support the recovery—extended forward $1.4 trillion in agency mortgage-backed secu- downturn, with the result that inflation guidance about the future path of the federal rities and agency debt securities and about would probably now be running at a lower funds rate, and large-scale asset purchases $300 billion in longer-term Treasury securi- rate. and other balance sheet actions that have Anchored inflation expectations are an- greatly increased the size and duration of ties. In November 2010, the Committee initi- ated an additional $600 billion in purchases other reason why inflation has remained the Federal Reserve’s portfolio. of longer-term Treasury securities, which close to 2 percent in the face of very low re- These two tools have become increasingly were completed at the end of June of last source utilization. As shown in figure 5, sur- important because the recovery from the re- year. Last September, the FOMC decided to vey measures of longer-horizon inflation ex- cession has turned out to be persistently implement the ‘‘Maturity Extension Pro- pectations have remained nearly constant slower than either the FOMC or private fore- gram,’’ which affected the maturity com- since the mid-1990s even as actual inflation casters anticipated. Figure 6 illustrates the position of our Treasury holdings as shown has fluctuated. As a result, the current magnitude of the disappointment by com- in the right panel. Through this program, slump has not generated the downward spiral paring Blue Chip forecasts for real GDP the FOMC is extending the average maturity of falling expected and actual inflation that growth made two years ago with ones made of its securities holdings by selling $400 bil- earlier this year. As shown by the dashed a simple accelerationist model of inflation lion of Treasury securities with remaining blue line, private forecasters in early 2010 an- might have predicted. Indeed, keeping infla- maturities of 3 years or less and purchasing ticipated that real GDP would expand at an tion expectations from declining has been an an equivalent amount of Treasury securities average annual rate of just over 3 percent important success of monetary policy over with remaining maturities of 6 to 30 years. from 2010 through 2014. However, actual the past few years. At the same time, the These transactions are currently scheduled growth in 2011 and early 2012 has turned out fact that longer-term inflation expectations to be completed at the end of this month. have not risen above 2 percent has also to be much weaker than expected, and, as in- Research by Federal Reserve staff and oth- proved extremely valuable, for it has freed dicated by the dotted red line, private fore- ers suggests that our balance sheet oper- the FOMC to take strong actions to support casters now anticipate only a modest accel- ations have had substantial effects on the economic recovery without greatly wor- eration in real activity over the next few longer-term Treasury yields, principally by rying that higher energy and commodity years. reducing term premiums on longer-dated prices would become ingrained in inflation In response to the evolving outlook, the Treasury securities. Figure 9 provides an es- and inflation expectations, as they did in the FOMC has progressively added policy accom- timate, based on Federal Reserve Board staff 1970s. modation using both of its unconventional calculations, of the cumulative reduction of While my modal outlook calls for only a tools. For example, since the federal funds the term premium on 10-year Treasury secu- gradual reduction in labor market slack and rate target was brought down to a range of 0 rities from the three balance sheet programs. a stable pace of inflation near the FOMC’s to 1⁄4 percent in December 2008, the FOMC These results suggest that our portfolio ac- longer-run objective of 2 percent, I see sub- has gradually adjusted its forward guidance tions are currently keeping 10-year Treasury stantial risks to this outlook, particularly to about the anticipated future path of the fed- yields roughly 60 basis points lower than the downside. As I mentioned before, even eral funds rate. In each meeting statement they otherwise would be. Other evidence sug- without any political gridlock, fiscal policy from March 2009 through June 2011, the Com- gests that this downward pressure has had is bound to become substantially less accom- mittee indicated its expectation that eco- favorable spillover effects on other financial modative from early 2013 on. However, fed- nomic conditions ‘‘are likely to warrant ex- markets, leading to lower long-term bor- eral fiscal policy could turn even more re- ceptionally low levels of the federal funds rowing costs for households and firms, high- strictive if the Congress does not reach rate for an extended period.’’ At the August er equity valuations, and other improve- agreement on several important tax and 2011 meeting, the Committee decided to pro- ments in financial conditions that in turn budget policy issues before the end of this vide more specific information about the have supported consumption, investment, year; in fact, the CBO recently warned that likely time horizon by substituting the and net exports. Because the term premium the potential hit to gross domestic product phrase ‘‘at least through mid-2013’’ for the effect depends on both the Federal Reserve’s (GDP) growth could be sufficient to push the phrase ‘‘for an extended period’’; at the Jan- current and expected future asset holdings, economy into recession in 2013. The deterio- uary 2012 meeting, this horizon was extended most of this effect—without further ac- ration of financial conditions in Europe of to ‘‘at least through late 2014.’’ Has this tions—will likely wane over the next few late, coupled with notable declines in global guidance worked? Figure 7 illustrates how years as the effect depends less and less on equity markets, also serve as a reminder dramatically forecasters’ expectations of fu- the current elevated level of the balance that highly destabilizing outcomes cannot be ture short-term interest rates have changed. sheet and increasingly on the level of hold- ruled out. Finally, besides these clearly iden- As the dashed blue line indicates, the Blue ings during and after the normalization of tifiable sources of risk, there remains the Chip consensus forecast made in early 2010 our portfolio.

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THE RATIONALE FOR HIGHLY ACCOMMODATIVE late 2015, four quarters longer than the bal- 2 percent objective, I am convinced that POLICY anced-approach rule prescription and several scope remains for the FOMC to provide fur- I have already noted that, in my view, an years longer than the Taylor rule. Impor- ther policy accommodation either through extended period of highly accommodative tantly, optimal control calls for a later lift- its forward guidance or through additional policy is necessary to combat the persistent off date even though this benchmark—unlike balance-sheet actions. In taking these deci- headwinds to recovery. I will next explain the simple policy rules—implicitly takes full sions, however, we would need to balance how I’ve reached this policy judgment. In account of the additional stimulus to real two considerations. evaluating the stance of policy, I find the activity and inflation being provided over On the one hand, our unconventional tools prescriptions from simple policy rules a log- time by the Federal Reserve’s other policy have some limitations and costs. For exam- ical starting point. A wide range of such tool, the past and projected changes to the ple, the effects of forward guidance are like- rules has been examined in the academic lit- size and maturity of its securities holdings. ly to be weaker the longer the horizon of the erature, the most famous of which is that Figure 11 shows that, by keeping the fed- guidance, implying that it may be difficult proposed by John Taylor in his 1993 study. eral funds rate at its current level for longer, to provide much more stimulus through this Rules of the general sort proposed by Taylor monetary policy under the balanced-ap- channel. As for our balance sheet operations, (1993) capture well our statutory mandate to proach rule achieves a more rapid reduction although we have now acquired some experi- promote maximum employment and price of the unemployment rate than monetary ence with this tool, there is still consider- stability by prescribing that the federal policy under the Taylor (1993) rule does, able uncertainty about its likely economic funds rate should respond to the deviation of while nonetheless keeping inflation near 2 effects. Moreover, some have expressed con- inflation from its longer-run goal and to the percent. But the improvement in labor mar- cern that a substantial further expansion of output gap, given that the economy should ket conditions is even more notable under the balance sheet could interfere with the be at or close to full employment when the the optimal control path, even as inflation Fed’s ability to execute a smooth exit from output gap—the difference between actual remains close to the FOMC’s long-run infla- its accommodative policies at the appro- GDP and an estimate of potential output—is tion objective. priate time. I disagree with this view: The closed. Moreover, research suggests that As I noted, simple rules have the advan- FOMC has tested a variety of tools to ensure such simple rules can be reasonably robust tage of delivering good policy outcomes that we will be able to raise short-term in- to uncertainty about the true structure of across a broad range of models, and are terest rates when needed while gradually re- the economy, as they perform well in a vari- thereby relatively robust to our limited un- turning the portfolio to a more normal size ety of models. Today, I will consider the pre- derstanding of the precise working of the and composition. But even if unjustified, scriptions of two such benchmark rules— economy—in contrast to optimal-control such concerns could in theory reduce con- Taylor’s 1993 rule, and a variant that is twice policies, whose prescriptions are sensitive to fidence in the Federal Reserve and so lead to as responsive to economic slack. In my view, the specification of the particular model an undesired increase in inflation expecta- this latter rule is more consistent with the used in the analysis. However, simple rules tions. FOMC’s commitment to follow a balanced also have their shortcomings, leading them On the other hand, risk management con- approach to promoting our dual mandate, to significantly understate the case for keep- siderations arising from today’s unusual cir- and so I will refer to it as the ‘‘balanced-ap- ing policy persistently accommodative in cumstances strengthen the case for addi- proach’’ rule. current circumstances. tional accommodation beyond that called for To show the prescriptions these rules One of these shortcomings is that the rules by simple policy rules and optimal control would have called for at the April FOMC do not adjust for the constraints that the under the modal outlook. In particular, as I meeting, I start with an illustrative baseline zero lower bound has placed on conventional have noted, there are a number of significant outlook constructed using the projections monetary policy since late 2008. A second is downside risks to the economic outlook, and for unemployment, inflation, and the federal that they do not fully take account of the hence it may well be appropriate to insure funds rate that FOMC participants reported protracted nature of the forces that have against adverse shocks that could push the in April. I then employ the dynamics of one been restraining aggregate demand in the economy into territory where a self-rein- of the Federal Reserve’s economic models, aftermath of the housing bust. As I’ve em- forcing downward spiral of economic weak- the FRB/US model, to solve for the joint phasized, the pace of the current recovery ness would be difficult to arrest. has turned out to be persistently slower than paths of these three variables if the short- CONCLUSION most observers expected, and forecasters ex- term interest rate had instead been set ac- In my remarks this evening I have sought cording to the Taylor (1993) rule or the bal- pect it to remain quite moderate by historical standards. The headwinds that explain to explain why, in my view, a highly accom- anced-approach rule, subject, in both cases, modative monetary policy will remain ap- to the zero lower bound constraint on the this disappointing performance represent a substantial departure from normal cyclical propriate for some time to come. My views federal funds rate. The dashed red line in fig- concerning the stance of monetary policy re- ure 10 shows the resulting path for the fed- dynamics. As a result, the economy’s equi- librium real federal funds rate—that is, the flect the FOMC’s firm commitment to the eral funds rate under Taylor (1993) and the goals of maximum employment and stable solid blue line with open circles illustrates rate that would be consistent with full employment over the medium run—is probably prices, my appraisal of the medium term the corresponding path using the balanced- outlook (which is importantly shaped by the approach rule. In both simulations, the pri- well below its historical average, which the intercept of simple policy rules is supposed persistent legacy of the housing bust and en- vate sector fully understands that monetary suing financial crisis), and by my assessment policy follows the particular rule in force. to approximate. By failing to fully adjust for this decline, the prescriptions of simple pol- of the balance of risks facing the economy. Figure 10 shows that the Taylor rule calls for Of course, as I’ve emphasized, the outlook is monetary policy to tighten immediately, icy rules—which provide a useful benchmark under normal circumstances—could be sig- uncertain and the Committee will need to while the balanced-approach rule prescribes adjust policy as appropriate as actual condi- raising the federal funds rate in the fourth nificantly too restrictive now and could remain so for some time to come. In this re- tions unfold. For this reason, the FOMC’s quarter of 2014—the earliest date consistent forward guidance is explicitly conditioned on with the FOMC’s current forward guidance of gard, I think it is informative that the Blue Chip consensus forecast released in March its anticipation of ‘‘low rates of resource uti- ‘‘exceptionally low levels for the federal lization and a subdued outlook for inflation funds rate at least through late 2014.’’ showed the real three-month Treasury bill 1 over the medium run.’’ If the recovery were Although simple rules provide a useful rate settling down at only 1 ⁄4 percent late in the decade, down 120 basis points from the to proceed faster than expected or if infla- starting point in determining appropriate tion pressures were to pick up materially, policy, they by no means deserve the ‘‘last long-run projections made prior to the recession. the FOMC could adjust policy by bringing word’’—especially in current circumstances. forward the expected date of tightening. In LOOKING AHEAD An alternative approach, also illustrated in contrast, if the Committee judges that the figure 10, is to compute an ‘‘optimal control’’ Recent labor market reports and financial recovery is proceeding at an insufficient path for the federal funds rate using an eco- developments serve as a reminder that the pace, we could undertake portfolio actions nomic model—FRB/US, in this case. Such a economy remains vulnerable to setbacks. In- such as additional asset purchases or a fur- path is chosen to minimize the value of a deed, the simulations I described above did ther maturity extension program. It is for specific ‘‘loss function’’ conditional on a not take into account this new information. this reason that the FOMC emphasized, in its baseline forecast of economic conditions. In our policy deliberations at the upcoming statement following the April meeting, that The loss function attempts to quantify the FOMC meeting we will assess the effects of it would ‘‘regularly review the size and com- social costs resulting from deviations of in- these developments on the economic fore- position of its securities holdings and is pre- flation from the Committee’s longer-run cast. If the Committee were to judge that pared to adjust those holdings as appropriate goal and from deviations of unemployment the recovery is unlikely to proceed at a sat- to promote a stronger economic recovery in from its longer-run normal rate. The solid isfactory pace (for example, that the forecast a context of price stability.’’ green line with dots in figure 10 shows the entails little or no improvement in the labor ‘‘optimal control’’ path for the federal funds market over the next few years), or that the Mr. KUCINICH. I would also like to rate, again conditioned on the illustrative downside risks to the outlook had become include in the record of this debate an baseline outlook. This policy involves keep- sufficiently great, or that inflation appeared article from Bloomberg News that ing the federal funds rate close to zero until to be in danger of declining notably below its talks about how secret Fed loans gave

VerDate Mar 15 2010 04:23 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.020 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5158 CONGRESSIONAL RECORD — HOUSE July 24, 2012 banks billions that were undisclosed to Bankers didn’t disclose the extent of their traded U.S. banks, money managers and Congress. borrowing. On Nov. 26, 2008, then-Bank of investment- services firms, the data show. America (BAC) Corp. Chief Executive Officer By comparison, they had about half of the [From: Bloomberg Markets Magazine, Kenneth D. Lewis wrote to shareholders that industry’s assets before the bailout, which Nov. 27, 2011] he headed ‘‘one of the strongest and most lasted from August 2007 through April 2010. SECRET FED LOANS GAVE BANKS $13 BILLION stable major banks in the world.’’ He didn’t The daily debt figure excludes cash that UNDISCLOSED TO CONGRESS say that his Charlotte, North Carolina-based banks passed along to money-market funds. (By Bob Ivry, Bradley Keoun, and Phi Kuntz) firm owed the central bank $86 billion that BANK SUPERVISION The Federal Reserve and the big banks day. While the emergency response prevented fought for more than two years to keep de- ‘‘MOTIVATE OTHERS’’ financial collapse, the Fed shouldn’t have al- tails of the largest bailout in U.S. history a JPMorgan Chase & Co. CEO Jamie Dimon lowed conditions to get to that point, says secret. Now, the rest of the world can see told shareholders in a March 26, 2010, letter Joshua Rosner, a banking analyst with Gra- what it was missing. The Fed didn’t tell any- that his bank used the Fed’s Term Auction ham Fisher & Co. in New York who predicted one which banks were in trouble so deep they Facility ‘‘at the request of the Federal Re- problems from lax mortgage underwriting as far back as 2001. The Fed, the primary super- required a combined $1.2 trillion on Dec. 5, serve to help motivate others to use the sys- visor for large financial companies, should 2008, their single neediest day. Bankers tem.’’ He didn’t say that the New York-based have been more vigilant as the housing bub- didn’t mention that they took tens of bil- bank’s total TAF borrowings were almost ble formed, and the scale of its lending shows lions of dollars in emergency loans at the twice its cash holdings or that its peak bor- same time they were assuring investors their the ‘‘supervision of the banks prior to the rowing of $48 billion on Feb. 26, 2009, came crisis was far worse than we had imagined,’’ firms were healthy. And no one calculated more than a year after the program’s cre- until now that banks reaped an estimated $13 Rosner says. ation. Bernanke in an April 2009 speech said that billion of income by taking advantage of the Howard Opinsky, a spokesman for the Fed provided emergency loans only to Fed’s below-market rates, Bloomberg Mar- JPMorgan (JPM), declined to comment ‘‘sound institutions,’’ even though its inter- kets magazine reports in its January issue. about Dimon’s statement or the company’s nal assessments described at least one of the Saved by the bailout, bankers lobbied Fed borrowings. Jerry Dubrowski, a spokes- biggest borrowers, Citigroup, as ‘‘marginal.’’ against government regulations, a job made man for Bank of America, also declined to On Jan. 14, 2009, six days before the com- easier by the Fed, which never disclosed the comment. pany’s central bank loans peaked, the New details of the rescue to lawmakers even as The Fed has been lending money to banks York Fed gave CEO Vikram Pandit a report Congress doled out more money and debated through its so- called discount window since declaring Citigroup’s financial strength to be new rules aimed at preventing the next col- just after its founding in 1913. Starting in ‘‘superficial,’’ bolstered largely by its $45 bil- lapse. August 2007, when confidence in banks began lion of Treasury funds. The document was re- A fresh narrative of the financial crisis of to wane, it created a variety of ways to bol- leased in early 2011 by the Financial Crisis 2007 to 2009 emerges from 29,000 pages of Fed ster the financial system with cash or easily Inquiry Commission, a panel empowered by documents obtained under the Freedom of traded securities. By the end of 2008, the cen- Congress to probe the causes of the crisis. Information Act and central bank records of tral bank had established or expanded ii ‘‘NEED TRANSPARENCY’’ more than 21,000 transactions. While Fed of- lending facilities catering to banks, securi- Andrea Priest, a spokeswoman for the New ficials say that almost all of the loans were ties firms and corporations that couldn’t get York Fed, declined to comment, as did Jon repaid and there have been no losses, details short-term loans from their usual sources. Diat, a spokesman for Citigroup. suggest taxpayers paid a price beyond dollars ‘‘CORE FUNCTION’’ ‘‘I believe that the Fed should have inde- as the secret funding helped preserve a bro- ‘‘Supporting financial-market stability in pendence in conducting highly technical ken status quo and enabled the biggest monetary policy, but when they are putting banks to grow even bigger. times of extreme market stress is a core function of central banks,’’ says William B. taxpayer resources at risk, we need trans- ‘‘CHANGE THEIR VOTES’’ English, director of the Fed’s Division of parency and accountability,’’ says Alabama ‘‘When you see the dollars the banks got, Monetary Affairs. ‘‘Our lending programs Senator Richard Shelby, the top Republican it’s hard to make the case these were suc- served to prevent a collapse of the financial on the Senate Banking Committee. cessful institutions,’’ says Sherrod Brown, a system and to keep credit flowing to Amer- Judd Gregg, a former New Hampshire sen- Democratic Senator from Ohio who in 2010 ican families and businesses.’’ ator who was a lead Republican negotiator introduced an unsuccessful bill to limit bank The Fed has said that all loans were on TARP, and Barney Frank, a Massachu- size. ‘‘This is an issue that can unite the Tea backed by appropriate collateral. That the setts Democrat who chaired the House Fi- Party and Occupy Wall Street. There are central bank didn’t lose money should ‘‘lead nancial Services Committee, both say they lawmakers in both parties who would change to praise of the Fed, that they took this ex- were kept in the dark. ‘‘We didn’t know the specifics,’’ says their votes now.’’ The size of the bailout traordinary step and they got it right,’’ says Gregg, who’s now an adviser to Goldman came to light after Bloomberg LP, the par- Phillip Swagel, a former assistant Treasury Sachs. ent of Bloomberg News, won a court case secretary under Henry M. Paulson and now a ‘‘We were aware emergency efforts were against the Fed and a group of the biggest professor of international economic policy at going on,’’ Frank says. ‘‘We didn’t know the U.S. banks called Clearing House Association the University of Maryland. The Fed ini- specifics.’’ LLC to force lending details into the open. tially released lending data in aggregate DISCLOSE LENDING The Fed, headed by Chairman Ben S. form only. Information on which banks bor- Bernanke, argued that revealing borrower rowed, when, how much and at what interest Frank co-sponsored the Dodd-Frank Wall details would create a stigma—investors and rate was kept from public view. Street Reform and Consumer Protection Act, counterparties would shun firms that used The secrecy extended even to members of billed as a fix for financial-industry excesses. the central bank as lender of last resort—and President George W. Bush’s administration Congress debated that legislation in 2010 that needy institutions would be reluctant who managed TARP. Top aides to Paulson without a full understanding of how deeply to borrow in the next crisis. Clearing House weren’t privy to Fed lending details during the banks had depended on the Fed for sur- Association fought Bloomberg’s lawsuit up the creation of the program that provided vival. It would have been ‘‘totally appropriate’’ to disclose the lending data by mid- to the U.S. Supreme Court, which declined to crisis funding to more than 700 banks, say 2009, says David Jones, a former economist hear the banks’ appeal in March 2011. two former senior Treasury officials who re- at the Federal Reserve Bank of New York quested anonymity because they weren’t au- $7.77 TRILLION who has written four books about the central thorized to speak. The amount of money the central bank bank. parceled out was surprising even to Gary H. BIG SIX ‘‘The Fed is the second-most-important ap- Stern, president of the Federal Reserve Bank The Treasury Department relied on the pointed body in the U.S., next to the Su- of Minneapolis from 1985 to 2009, who says he recommendations of the Fed to decide which preme Court, and we’re dealing with a de- ‘‘wasn’t aware of the magnitude.’’ It dwarfed banks were healthy enough to get TARP mocracy,’’ Jones says. ‘‘Our representatives the Treasury Department’s better-known money and how much, the former officials in Congress deserve to have this kind of in- $700 billion Troubled Asset Relief Program, say. The six biggest U.S. banks, which re- formation so they can oversee the Fed.’’ or TARP. Add up guarantees and lending ceived $160 billion of TARP funds, borrowed The Dodd-Frank law required the Fed to limits, and the Fed had committed $7.77 tril- as much as $460 billion from the Fed, meas- release details of some emergency-lending lion as of March 2009 to rescuing the finan- ured by peak daily debt calculated by programs in December 2010. It also mandated cial system, more than half the value of ev- Bloomberg using data obtained from the cen- disclosure of discount-window borrowers erything produced in the U.S. that year. tral bank. Paulson didn’t respond to a re- after a two- year lag. ‘‘TARP at least had some strings at- quest for comment. PROTECTING TARP tached,’’ says Brad Miller, a North Carolina The six—JPMorgan, Bank of America, TARP and the Fed lending programs went Democrat on the House Financial Services Citigroup Inc. (C), Wells Fargo & Co. (WFC), ‘‘hand in hand,’’ says Sherrill Shaffer, a Committee, referring to the program’s exec- Goldman Sachs Group Inc. (GS) and Morgan banking professor at the University of Wyo- utive-pay ceiling. ‘‘With the Fed programs, Stanley—accounted for 63 percent of the av- ming in Laramie and a former chief econo- there was nothing.’’ erage daily debt to the Fed by all publicly mist at the New York Fed. While the TARP

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.050 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5159 money helped insulate the central bank from hourly compensation cost data. The banks Lobbying expenditures by the six banks losses, the Fed’s willingness to supply seem- spent $146.3 billion on compensation in 2010, that would have been affected by the legisla- ingly unlimited financing to the banks as- or an average of $126,342 per worker, accord- tion rose to $29.4 million in 2010 compared sured they wouldn’t collapse, protecting the ing to data compiled by Bloomberg. That’s with $22.1 million in 2006, the last full year Treasury’s TARP investments, he says. up almost 20 percent from five years earlier before credit markets seized up—a gain of 33 ‘‘Even though the Treasury was in the compared with less than 15 percent for the percent, according to OpenSecrets.org, a re- headlines, the Fed was really behind the average worker. Average pay at the banks in search group that tracks money in U.S. poli- scenes engineering it,’’ Shaffer says. 2010 was about the same as in 2007, before the tics. Lobbying by the American Bankers As- Congress, at the urging of Bernanke and bailouts. sociation, a trade organization, increased at Paulson, created TARP in October 2008 after ‘‘WANTED TO PRETEND’’ about the same rate, OpenSecrets.org re- the bankruptcy of Lehman Brothers Hold- ‘‘The pay levels came back so fast at some ported. ings Inc. made it difficult for financial insti- of these firms that it appeared they really Lobbyists argued the virtues of bigger tutions to get loans. Bank of America and wanted to pretend they hadn’t been bailed banks. They’re more stable, better able to New York-based Citigroup each received $45 out,’’ says Anil Kashyap, a former Fed econ- serve large companies and more competitive billion from TARP. At the time, both were omist who’s now a professor of economics at internationally, and breaking them up would tapping the Fed. Citigroup hit its peak bor- the University of Chicago Booth School of cost jobs and cause ‘‘long-term damage to rowing of $99.5 billion in January 2009, while Business. ‘‘They shouldn’t be surprised that the U.S. economy,’’ according to a Nov. 13, Bank of America topped out in February 2009 a lot of people find some of the stuff that 2009, letter to members of Congress from the at $91.4 billion. happened totally outrageous.’’ FSF. NO CLUE Bank of America took over Merrill Lynch The group’s website cites Nobel Prize-win- Lawmakers knew none of this. & Co. at the urging of then-Treasury Sec- They had no clue that one bank, New retary Paulson after buying the biggest U.S. ning economist Oliver E. Williamson, a pro- York-based Morgan Stanley (MS), took $107 home lender, Countrywide Financial Corp. fessor emeritus at the University of Cali- billion in Fed loans in September 2008, When the Merrill Lynch purchase was an- fornia, Berkeley, for demonstrating the enough to pay off one-tenth of the country’s nounced on Sept. 15, 2008, Bank of America greater efficiency of large companies. delinquent mortgages. The firm’s peak bor- had $14.4 billion in emergency Fed loans and ‘‘SERIOUS BURDEN’’ rowing occurred the same day Congress re- Merrill Lynch had $8.1 billion. By the end of In an interview, Williamson says that the jected the proposed TARP bill, triggering the the month, Bank of America’s loans had organization took his research out of context biggest point drop ever in the Dow Jones In- reached $25 billion and Merrill Lynch’s had and that efficiency is only one factor in de- dustrial Average. (INDU) The bill later exceeded $60 billion, helping both firms keep ciding whether to preserve too-big-to-fail passed, and Morgan Stanley got $10 billion of the deal on track. banks. TARP funds, though Paulson said only PREVENT COLLAPSE ‘‘healthy institutions’’ were eligible. Wells Fargo bought Wachovia Corp., the ‘‘The banks that were too big got even big- Mark Lake, a spokesman for Morgan Stan- fourth-largest U.S. bank by deposits before ger, and the problems that we had to begin ley, declined to comment, as did spokesmen the 2008 acquisition. Because depositors were with are magnified in the process,’’ for Citigroup and Goldman Sachs. pulling their money from Wachovia, the Fed Williamson says. ‘‘The big banks have incen- Had lawmakers known, it ‘‘could have channeled $50 billion in secret loans to the tives to take risks they wouldn’t take if they changed the whole approach to reform legis- Charlotte, North Carolina-based bank didn’t have government support. It’s a seri- lation,’’ says Ted Kaufman, a former Demo- through two emergency-financing programs ous burden on the rest of the economy.’’ cratic Senator from Delaware who, with to prevent collapse before Wells Fargo could Deane says his group didn’t mean to imply Brown, introduced the bill to limit bank size. complete the purchase. ‘‘These programs that Williamson endorsed big banks. MORAL HAZARD proved to be very successful at providing fi- Top officials in President Barack Obama’s Kaufman says some banks are so big that nancial markets the additional liquidity and administration sided with the FSF in argu- their failure could trigger a chain reaction in confidence they needed at a time of unprece- ing against legislative curbs on the size of the financial system. The cost of borrowing dented uncertainty,’’ says Ancel Martinez, a banks. for so-called too-big-to-fail banks is lower spokesman for Wells Fargo. than that of smaller firms because lenders JPMorgan absorbed the country’s largest GEITHNER, KAUFMAN believe the government won’t let them go savings and loan, Seattle-based Washington On May 4, 2010, Geithner visited Kaufman under. The perceived safety net creates what Mutual Inc., and investment bank Bear in his Capitol Hill office. As president of the economists call moral hazard—the belief Stearns Cos. The New York Fed, then headed New York Fed in 2007 and 2008, Geithner that bankers will take greater risks because by Timothy F. Geithner, who’s now Treasury helped design and run the central bank’s they’ll enjoy any profits while shifting losses secretary, helped JPMorgan complete the lending programs. The New York Fed super- to taxpayers. Bear Stearns deal by providing $29 billion of vised four of the six biggest U.S. banks and, If Congress had been aware of the extent of financing, which was disclosed at the time. during the credit crunch, put together a the Fed rescue, Kaufman says, he would have The Fed also supplied Bear Stearns with $30 daily confidential report on Wall Street’s fi- been able to line up more support for break- billion of secret loans to keep the company nancial condition. Geithner was copied on ing up the biggest banks. from failing before the acquisition closed, these reports, based on a sampling of e-mails Byron L. Dorgan, a former Democratic sen- central bank data show. The loans were released by the Financial Crisis Inquiry ator from North Dakota, says the knowledge made through a program set up to provide Commission. might have helped pass legislation to rein- emergency funding to brokerage firms. At the meeting with Kaufman, Geithner state the Glass-Steagall Act, which for most ‘‘REGULATORY DISCRETION’’ argued that the issue of limiting bank size of the last century separated customer de- ‘‘Some might claim that the Fed was pick- was too complex for Congress and that peo- posits from the riskier practices of investing winners and losers, but what the Fed was ple who know the markets should handle ment banking. doing was exercising its professional regu- ‘‘Had people known about the hundreds of these decisions, Kaufman says. According to latory discretion,’’ says John Deane, a Kaufman, Geithner said he preferred that billions in loans to the biggest financial in- former speechwriter at the New York Fed stitutions, they would have demanded Con- bank supervisors from around the world, who’s now executive vice president for policy meeting in Basel, Switzerland, make rules gress take much more courageous actions to at the Financial Services Forum, a Wash- stop the practices that caused this near fi- increasing the amount of money banks need ington-based group consisting of the CEOs of to hold in reserve. Passing laws in the U.S. nancial collapse,’’ says Dorgan, who retired 20 of the world’s biggest financial firms. in January. would undercut his efforts in Basel, Geithner ‘‘The Fed clearly felt it had what it needed said, according to Kaufman. GETTING BIGGER within the requirements of the law to con- Anthony Coley, a spokesman for Geithner, Instead, the Fed and its secret financing tinue to lend to Bear and Wachovia.’’ declined to comment. helped America’s biggest financial firms get The bill introduced by Brown and Kaufman bigger and go on to pay employees as much in April 2010 would have mandated shrinking ‘‘PUNISHING SUCCESS’’ the six largest firms. as they did at the height of the housing bub- Lobbyists for the big banks made the win- ble. ‘‘When a few banks have advantages, the Total assets held by the six biggest U.S. little guys get squeezed,’’ Brown says. ‘‘That, ning case that forcing them to break up was banks increased 39 percent to $9.5 trillion on to me, is not what capitalism should be.’’ ‘‘punishing success,’’ Brown says. Now that Sept. 30, 2011, from $6.8 trillion on the same Kaufman says he’s passionate about curb- they can see how much the banks were bor- day in 2006, according to Fed data. ing too-big-to-fail banks because he fears an- rowing from the Fed, senators might think For so few banks to hold so many assets is other crisis. differently, he says. ‘‘un-American,’’ says Richard W. Fisher, ‘‘CAN WE SURVIVE?’’ The Fed supported curbing too-big-to-fail president of the Federal Reserve Bank of ‘‘The amount of pain that people, through banks, including giving regulators the power Dallas. ‘‘All of these gargantuan institutions no fault of their own, had to endure—and the to close large financial firms and imple- are too big to regulate. I’m in favor of break- prospect of putting them through it again— menting tougher supervision for big banks, ing them up and slimming them down.’’ is appalling,’’ Kaufman says. ‘‘The public has says Fed General Counsel Scott G. Alvarez. Employees at the six biggest banks made no more appetite for bailouts. What would The Fed didn’t take a position on whether twice the average for all U.S. workers in happen tomorrow if one of these big banks large banks should be dismantled before they 2010, based on Bureau of Labor Statistics got in trouble? Can we survive that?’’ get into trouble.

VerDate Mar 15 2010 04:23 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.015 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5160 CONGRESSIONAL RECORD — HOUSE July 24, 2012 Dodd-Frank does provide a mechanism for nothing was done, ‘‘unemployment would and monetary policy was limited; but regulators to break up the biggest banks. It rise—to 8 or 9 percent from the prevailing 6.1 since 2008, they’ve tripled their balance established the Financial Stability Over- percent,’’ Paulson wrote in ‘‘On the Brink’’ sheet and transacted nearly $16 trillion sight Council that could order teetering (Business Plus, 2010). in loans. banks to shut down in an orderly way. The OCCUPY WALL STREET council is headed by Geithner. Clearly, Congress has delegated mon- The U.S. jobless rate hasn’t dipped below etary policy to the Fed; and I, for one, ‘‘Dodd-Frank does not solve the problem of 8.8 percent since March 2009, 3.6 million too big to fail,’’ says Shelby, the Alabama homes have been foreclosed since August am not advocating that we abolish the Republican. ‘‘Moral hazard and taxpayer ex- 2007, according to data provider RealtyTrac Fed. But Congress retains oversight re- posure still very much exist.’’ Inc., and police have clashed with Occupy sponsibility, and Congress should insist BELOW MARKET Wall Street protesters, who say government on an accurate accounting of the Fed Dean Baker, co-director of the Center for policies favor the wealthiest citizens, in New so Members of Congress can better un- Economic and Policy Research in Wash- York, Boston, Seattle and Oakland, Cali- derstand monetary policy. ington, says banks ‘‘were either in bad shape fornia. Our colleague, RON PAUL, was instru- or taking advantage of the Fed giving them The Tea Party, which supports a more lim- a good deal. The former contradicts their ited role for government, has its roots in mental in getting an audit of the Fed’s public statements. The latter—getting loans anger over the Wall Street bailouts, says emergency activities during the finan- at below-market rates during a financial cri- Neil M. Barofsky, former TARP special in- cial crisis, but restrictions remain in sis—is quite a gift.’’ spector general and a Bloomberg Television place on examining monetary policy The Fed says it typically makes emer- contributing editor. actions such as quantitative easing and gency loans more expensive than those avail- ‘‘The lack of transparency is not just frus- assisting failing banks in Europe. trating; it really blocked accountability,’’ able in the marketplace to discourage banks When the Fed’s cumulative lending from abusing the privilege. During the crisis, Barofsky says. ‘‘When people don’t know the Fed loans were among the cheapest around, details, they fill in the blanks. They believe hits the size and scope to be greater with funding available for as low as 0.01 per- in conspiracies.’’ than the entire GDP of the United cent in December 2008, according to data In the end, Geithner had his way. The States, it’s past time for Congress to from the central bank and money-market Brown-Kaufman proposal to limit the size of insist on transparency. rates tracked by Bloomberg. banks was defeated, 60 to 31. Bank supervisors meeting in Switzerland did mandate Mr. CUMMINGS. Mr. Speaker, I re- The Fed funds also benefited firms by al- serve the balance of my time. lowing them to avoid selling assets to pay minimum reserves that institutions will investors and depositors who pulled their have to hold, with higher levels for the Mr. ISSA. I yield myself 2 minutes. money. So the assets stayed on the banks’ world’s largest banks, including the six big- Mr. Speaker, it appears as though we books, earning interest. gest in the U.S. Those rules can be changed agree on certain things. We agree that Banks report the difference between what by individual countries. They take full effect some transparency is required. We cer- they earn on loans and investments and in 2019. Meanwhile, Kaufman says, ‘‘we’re abso- tainly agree, on a bipartisan basis, that their borrowing expenses. The figure, known what the GAO did, under Dodd-Frank, as net interest margin, provides a clue to lutely, totally, 100 percent not prepared for how much profit the firms turned on their another financial crisis.’’ at a minimum, was a good thing. I Fed loans, the costs of which were included This is all about disclosure and ac- think there’s no question my colleague in those expenses. To calculate how much countability. You know, the Fed’s not who was here earlier, Mr. FRANK, cer- banks stood to make, Bloomberg multiplied some kind of hocus-pocus, black box tainly would agree to the numbers, the their tax-adjusted net interest margins by operation. The Fed essentially sup- expansion of the Fed in that period their average Fed debt during reporting peri- plants the constitutional mandate in that Mrs. LUMMIS talked about be- ods in which they took emergency loans. article I, section 8 that belongs to the tween 2008 and now. ADDED INCOME Congress of the United States. I think we would all agree the Fed- The 190 firms for which data were available Let’s look at some recent history eral Reserve is the people’s bank. It is would have produced income of $13 billion, here: 2008, subprime meltdown, broadly owned by 316 or 320 million assuming all of the bailout funds were in- Americans. vested at the margins reported, the data collateralized debt obligations go back show. to mortgage-backed securities. Neigh- I served on the board of a public com- The six biggest U.S. banks’ share of the es- borhoods in Cleveland melting down, pany, one that I founded. I understand timated subsidy was $4.8 billion, or 23 per- people losing their homes. The Fed that if you have more than 500 stock- cent of their combined net income during the looked the other way. holders, you have an obligation to con- time they were borrowing from the Fed. And we’re saying, don’t go into the siderable disclosure. Citigroup would have taken in the most, Fed; it will be political. Yes, it’s polit- Although the Fed is audited to see with $1.8 billion. ical. We have unemployment because ‘‘The net interest margin is an effective whether, basically, some numbers are way of getting at the benefits that these of politics. We have people losing their correct or not on a limited basis, the large banks received from the Fed,’’ says homes because of politics. We have truth is the Federal Reserve is not Gerald A. Hanweck, a former Fed economist banks getting uncalculated amounts of open and transparent, not even years who’s now a finance professor at George money from the Federal Reserve, and after they make decisions. Mason University in Fairfax, Virginia. we don’t even know about it. I think the American people have a While the method isn’t perfect, it’s impos- Meanwhile, people can’t get a loan to piercing question right now, one that is sible to state the banks’ exact profits or sav- keep their home or keep their business. not the question that Dr. PAUL was ings from their Fed loans because the num- Audit the Fed? You bet we should asking when he first wanted to audit bers aren’t disclosed and there isn’t enough audit the Fed. We have to have ac- publicly available data to figure it out. the Fed. The question is, Will we be countability. It’s time the Congress Opinsky, the JPMorgan spokesman, says like Greece? Will we be like Germany? stood up for its constitutional role. Ar- he doesn’t think the calculation is fair be- Will we be like the trauma that’s ticle I, section 8: power to coin and cre- cause ‘‘in all likelihood, such funds were sweeping over the European Union? likely invested in very short-term invest- ate money. ments,’’ which typically bring lower returns. It’s time that we stood up for Amer- Do we, in fact, know the true numbers? Do we know the extent of the le- STANDING ACCESS ica’s 99 percent. It’s time that we stood up to the Federal Reserve that right verage and the policies and the accu- Even without tapping the Fed, the banks racy and the knowledge of the Federal get a subsidy by having standing access to now acts like it’s some kind of high, the central bank’s money, says Viral exalted priesthood, unaccountable in a Reserve? Acharya, a New York University economics democracy. I think calmly we have to ask that professor who has worked as an academic ad- Let’s change that by voting for the question. Do we know what we need to viser to the New York Fed. Paul bill. know, or are we willing to not know, in ‘‘Banks don’t give lines of credit to cor- Mr. ISSA. I yield 1 minute to the hopes that we won’t be political be- porations for free,’’ he says. ‘‘Why should all cause we don’t know? these government guarantees and liquidity gentlewoman from Wyoming (Mrs. facilities be for free?’’ LUMMIS). I’ve been in Congress for 12 full years In the September 2008 meeting at which Mrs. LUMMIS. Mr. Speaker, before at the end of this term, and I’ve Paulson and Bernanke briefed lawmakers on the financial crisis, the Fed’s lending learned one thing: Congress has a tend- the need for TARP, Bernanke said that if to the financial system was minimal, ency to do two things well: nothing at

VerDate Mar 15 2010 04:23 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.017 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5161 all, and overreact. I trust today will be But, in fact, I think that the 9/11 of dents who responded, 95 percent said they a day in which we’re in between. the financial market, if you will, the supported a full audit of the Federal Reserve. The SPEAKER pro tempore. The meltdown in 2008 and 2009, $1 trillion The Constitution gives the Congress the au- time of the gentleman has expired. nearly in TARP money, and countless thority to coin money and to regulate the dol- Mr. ISSA. I yield myself an addi- trillions in expansion of the balance lar’s value. In an effort to remove politics from tional minute. sheet, have taught us one thing: what decisions about monetary policy, the Congress We would do something so that we we don’t know can hurt us. outsourced this responsibility to an inde- would know more a year from now Now, before 9/11 of the financial mar- pendent Federal Reserve almost one hundred than we know today. We would not ket, before the meltdown, before Leh- years ago. overreact. We would not want to stifle man Brothers and Bear, Stearns evapo- Unfortunately, for too long the Fed has op- what the Fed has done historically, rated, we would have thought, well, erated in secret. Current law actually prohibits without an awful lot more study. there are some very smart people on the Congress from having access to all of the Changes to an entity like the Central Wall Street, and we’d have been right. Federal Reserve’s books. The GAO serves as Bank should be done thoughtfully and But smart people can be wrong. Congress’s watchdog, and should be allowed over time. We put very good people on the Fed- to audit the Fed just as it does other agencies. My friend, Dr. PAUL, would like to do eral Reserve Board. We choose very Only through increased transparency can the more than this bill does; but this mini- good chairmen. Chairman Bernanke Congress conduct the necessary oversight of mal effort, offered on a bipartisan was a choice of Republicans and Demo- the Fed and hold it accountable for the Amer- basis, is offered today because we be- crats alike. ican people. This institution plays an important lieve the American people have a right But, ultimately, looking over the role in managing the dollar and the American to know, an interest to know, and a shoulder by Congress, by my com- people deserve to know what is being done to need to know. mittee, by the Financial Services Com- our currency. With that, I reserve the balance of mittee, just to ask the question, are One of the few good provisions of the Dodd- my time. those numbers undeniable truths Frank financial reform legislation was that it Mr. CUMMINGS. I yield 1 minute to brought down on tablets; or are they, permitted a limited audit of the Federal Re- the gentleman from Missouri (Mr. in fact, open to second guessing after serve’s response to the financial crisis. What CLAY). the fact, questioning of whether or not the GAO uncovered in this limited audit was Mr. CLAY. Mr. Speaker, I rise in sup- a model works or whether there is just astonishing. Between December 2007 and port of H.R. 459. This bill directs the a small, but meaningful, opportunity July 2010, Fed committed trillions of dollars to Comptroller General to conduct an for tens of trillions of dollars to fall on backstop hundreds of financial institutions. audit of the Federal Reserve. the backs of the American people if Some of the largest of recipients of this aid Since 1982, the GAO has had author- they got it wrong? were even foreign banks. According to ity to audit the Federal Reserve Board Bloomberg News, ‘‘the Fed and its secret fi- b 1600 and Bank, subject to exceptions for nancing helped America’s biggest financial monetary policy-related decisions and That’s the question the American firms get bigger and go on to pay employees activities. people asked, and after 2008, it’s a ques- as much as they did at the height of the hous- In 2009, Congress provided authority tion Congress must ask. ing bubble.’’ for the GAO to audit actions by the When Chairman FRANK voted for RON Much of this emergency action was run Fed under section 13(3) of the Federal PAUL’s bill, perhaps he didn’t want it, through the Federal Reserve Bank of New Reserve Act to lend to any single and but he voted for it as did countless York, which at that time was headed by Tim specific partnership or corporation, Democrats. Ultimately, it was re- Geithner, who is now President Obama’s notwithstanding the generally applica- duced—but not eliminated—in con- Treasury Secretary. ble monetary policy-related excep- ference. There was some recognition The Fed has continued its extraordinary tac- tions. that it needed to be audited. tics. In addition to holding the federal funds In 2010, the Dodd-Frank Wall Street Today, what we are doing is asking rate at practically zero since December 2008, Reform Act added new audit authori- to send to the Senate a piece of legisla- the Fed has engaged in programs called ties. In addition, GAO has conducted a tion that more purely and clearly says: Quantitative Easing 1, Quantitative Easing 2, number of other reviews of Federal Re- I believe the American people have a and Operation Twist. In 2011 alone, the Fed’s serve activities; but we need a full right to know. Perhaps the Senate will balance sheet grew by 20 percent. The Fed- audit, and I urge my colleagues to vote take up a slightly different version. eral Reserve says it will likely hold interest for the bill. Perhaps it will be truly a one-time rates at ‘‘exceptionally low levels’’ through Mr. ISSA. Mr. Speaker, could I in- audit. Perhaps it will be limited. 2014 and there is speculation that it will soon quire how much time is available. The American people need to hold us implement a third round of quantitative easing. The SPEAKER pro tempore. The gen- in the House and our counterparts in Mr. Speaker, this legislation has broad sup- tleman from California has 41⁄4 minutes the Senate responsible, that we do port from all sides. In fact, it seems like the remaining. The time of the gentleman know what we need to know and that only one who opposes H.R. 459 is the Chair- from Maryland has expired. we will never again say we rely on man of the Federal Reserve Ben Bernanke. Mr. ISSA. Mr. Speaker, I won’t use other people to be so smart that we My question would be: ‘‘What is there to all of our time. shouldn’t look over their shoulders. hide?’’ We should have passed this legislation I have a slightly different opinion That’s not the America that I grew up long ago, and it is my hope that my col- than the ranking member’s. I believe in. It’s not the clear and transparent leagues in the Senate will follow the House’s regular order has been followed on this America the American people are ask- lead and act quickly to approve the Federal bill, followed and then some. ing for. Reserve Transparency Act so that we can fi- This is something that Dr. PAUL has With that, I urge the passage of this nally shine a light on the Fed’s policies. worked on, on a bipartisan basis, with bipartisan bill, and I yield back the Mr. GINGREY of Georgia. Mr. Speaker, I Republican Presidents and Democratic balance of my time. rise in strong support of H.R. 459, the Federal Presidents, with Republican Congresses Mr. YOUNG of Florida. Mr. Speaker, I rise Reserve Transparency Act of 2012, and I and Democratic Congresses. The sup- in strong support of H.R. 459, the Federal Re- would like to commend our colleague from port for this, as you saw here today, serve Transparency Act. I am an original co- Texas, Dr. RON PAUL, who has worked tire- goes to Republicans and Democrats, sponsor of this important measure and I have lessly as the author of this legislation for a Progressives, Conservatives, Blue Dogs. long supported Representative PAUL’s efforts number of years. The American people want to know. I to authorize a full audit of the Federal Reserve With its ability to control monetary supply don’t believe the American people are by the Government Accountability Office policy, the Federal Reserve is arguably the afraid to know. Of course, the Amer- (GAO). most powerful entity of the federal govern- ican people would not be comfortable In 2009, I conducted a ‘‘We the People ment. Yet, despite this power, current law spe- with interference with the Fed, with Town Hall By Mail’’ and asked my constituents cifically prevents Congress from fully auditing micromanaging policy decisions, with how they felt about several issues before the the monetary policy actions the Fed takes that tearing down the institution. Congress. Of the 32,000 Pinellas County resi- impact each of us on a daily basis.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\CR\FM\K24JY7.051 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5162 CONGRESSIONAL RECORD — HOUSE July 24, 2012 Mr. Speaker, as a proud cosponsor of H.R. ernment for financial and regulatory waste and rewarding employment and earn money for a 459, I believe it is well past time to change inefficiency. college education or other meaningful pur- that policy. This legislation would simply re- It was recently revealed that the New York poses; District Federal Reserve had previous knowl- (5) the proposed regulations would have quire the Comptroller General to conduct a full limited opportunities for young farmers audit of the Federal Reserve before the end of edge of dangers threatening our financial mar- wishing to pursue a career in agriculture at 2012. kets before the financial market collapsed in a time when the average age of farmers con- At a time when the Federal Reserve has ex- 2007. The New York Fed, led then by Treas- tinues to rise; and panded its balance sheet to $3 trillion as of ury Secretary Timothy Geithner, had knowl- (6) working on a farm has become a way of last month, the American people deserve to edge that certain rates were being manipu- life for thousands of youth across the rural have transparency and accountability when it lated but failed to act. Auditing the Federal United States. comes to our monetary supply policy. I urge Reserve will pinpoint responsibility, foster ac- SEC. 2. RULE RELATING TO CHILD LABOR. all of my colleagues to support H.R. 459. countability and provide Congress and the The Secretary of Labor shall not reissue in Mrs. MILLER of Michigan. Mr. Speaker, in American people with transparency over this substantially the same form, or issue a new rule that is substantially the same as, the America we believe in freedom, in democracy powerful Federal entity. Our Nation’s central proposed rule entitled ‘‘Child Labor Regula- and in the belief that in this country the people bank should not be exempt from financial tions, Orders and Statements of Interpreta- rule. And in order for the people to rule re- audit, especially with the immense financial tion; Child Labor Violations—Civil Money sponsibly they must have knowledge and in- power it controls. In its hands lies the fate of Penalties’’ (published at 76 Fed. Reg. 54836 formation about the handling of our economy. our country’s financial stability. (September 2, 2011)). Unfortunately, the American people are de- As I have worked to uncover waste through- The SPEAKER pro tempore (Mr. nied the basic information they need on one of out government as Chairman of the House DOLD). Pursuant to the rule, the gen- the most important pillars of our economy, the Transportation Committee and as a senior tleman from Michigan (Mr. WALBERG) Federal Reserve. member of the House Oversight and Govern- and the gentlewoman from California Today the Federal Reserve operates in se- ment Reform Committee, I must insist that our (Ms. WOOLSEY) each will control 20 crecy. It creates money out of thin air, it can Nation’s financial operators be subject to the minutes. make purchases of questionable assets from same level of scrutiny. An audit is the first The Chair recognizes the gentleman friendly Wall Street firms and it can loan hun- positive step in that direction, and I will con- from Michigan. dreds of billions of dollars to foreign govern- tinue to work for passage of the Federal Re- GENERAL LEAVE ments and central banks—all out of the sight serve Transparency Act. Mr. WALBERG. Mr. Speaker, I ask of the American people and even policy mak- The SPEAKER pro tempore. The unanimous consent that all Members ers in Washington. question is on the motion offered by may have 5 legislative days in which to It is time to lift the veil of secrecy by passing the gentleman from California (Mr. revise and extend their remarks on H.R. 459, the Federal Reserve Transparency ISSA) that the House suspend the rules H.R. 4157. Act. and pass the bill, H.R. 459, as amended. The SPEAKER pro tempore. Is there This bill will allow for a thorough audit of the The question was taken. objection to the request of the gen- Fed, including transactions with foreign gov- The SPEAKER pro tempore. In the tleman from Michigan? ernments, central banks and the decision opinion of the Chair, two-thirds being There was no objection. making process in setting monetary policy. in the affirmative, the ayes have it. Mr. WALBERG. Mr. Speaker, I yield We should never fear transparency in a free Mr. CUMMINGS. Mr. Speaker, on myself such time as I may consume. society—it is vital—and we should embrace it. that I demand the yeas and nays. I want to first thank my colleague Today I urge my colleagues to join me in sup- The yeas and nays were ordered. from Iowa, Congressman TOM LATHAM, porting this bill which provides for a long over- The SPEAKER pro tempore. Pursu- for introducing this very important ant to clause 8 of rule XX, further pro- due audit of the Fed. legislation. Representative LATHAM is Mr. TIPTON. Mr. Speaker, the ability to proceedings on this question will be post- a long-time advocate for farmers and vide oversight of the Federal Reserve’s deal- poned. agribusiness, and his leadership in Con- ings is hindered by current law that prohibits f gress is greatly appreciated. the Government Accountability Office from au- PRESERVING AMERICA’S FAMILY According to a report on MLive.com, diting aspects of the Bank’s activities including FARMS ACT which is a new site from my home State of Michigan, parts of the country monetary policy matters and transactions with Mr. WALBERG. Mr. Speaker, I move are experiencing the worst drought in foreign entities. H.R. 459 would remove these to suspend the rules and pass the bill more than 20 years. Jim Spink, a sixth- and other restrictions on GAO audits of the (H.R. 4157) to prohibit the Secretary of generation farmer from Michigan’s Federal Reserve, increasing transparency. Labor from finalizing a proposed rule Liberty Township, said: It defies common sense that there is cur- under the Fair Labor Standards Act of rently no full oversight over the Federal Re- 1938 relating to child labor, as amend- It’s going to be one of the years that sepa- serve, which sets the monetary policy that im- rates those that are positioned well finan- ed. cially and those that are not. pacts every American citizen and holds a bal- The Clerk read the title of the bill. ance sheet of $3 trillion. H.R. 459 will increase The text of the bill is as follows: Unpredictability in the weather and transparency of the Federal Reserve by allow- H.R. 4157 harvest is not a new challenge for ing a full audit of all aspects of the bank’s Be it enacted by the Senate and House of Rep- American farmers. Quite the contrary, dealings including the decision-making behind resentatives of the United States of America in it’s a way of life. Farmers work each its monetary policy. The ability to fully audit Congress assembled, day under difficult circumstances, the Federal Reserve is long overdue, and this SECTION 1. SHORT TITLE AND FINDINGS. growing the food and resources nec- bill is a victory for all who strive for a more (a) SHORT TITLE.—This Act may be cited as essary to power this Nation and this transparent government. the ‘‘Preserving America’s Family Farms world. Often the presence of a son or a Mr. MICA. Mr. Speaker, I rise in strong sup- Act’’. daughter working with his or her par- port of legislation that will provide greater (b) FINDINGS.—Congress finds that— ents is important to a farm’s long-term (1) family farms have a long history and transparency within our Federal Reserve Sys- tradition of providing youth with valuable success. tem. work experience; Federal labor policies recognize the H.R. 459, the Federal Reserve Trans- (2) Department of Labor regulations should support youth provide to family farms parency Act, requires an audit of that agency. not adversely impact the longstanding tradi- by exempting farmworkers between 14 As a cosponsor, I urge my colleagues to join tion of youth working on farms where they and 16 years of age from restrictions on me in voting for this crucial piece of legisla- can gain valuable skills and lessons on hard agriculture activities. For decades, this tion. In order to get our financial house in work, character, and leadership; exemption has applied to youth work- order, we must take all necessary steps to en- (3) the Department of Labor’s proposed ing on a farm owned or operated by the regulations would have curtailed opportuni- parent or an individual standing in sure the Federal Reserve, which sets the con- ties for youth to gain experiential learning ditions for the free market to thrive; is oper- and hands-on skills for enrollment in voca- place of his or her parent. With farmers ating in the most efficient manner possible. tional agricultural training; facing a tough year with high tempera- The auditing of the Federal Reserve is the first (4) the proposed regulations would have ob- tures and low rainfall, we should con- step in inspecting this important level of gov- structed the opportunity for youth to find tinue to support the ability for youth

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.012 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5163 to experience safe employment in to implement specific recommenda- lieve if we want to put America back in American farming. That’s why many tions made by the National Institute business, back to work, one of the first were shocked when the Obama admin- for Occupational Safety and Health, things we must do is crack down on istration announced new rules that OSHA, and increase parity between the overregulation. would make it difficult for young peo- agriculture and non-agriculture child I’ve introduced a proposal called the ple to work on family farms. labor provisions. Regulatory Accountability and Eco- Last September, the Department of Agriculture is dangerous, Mr. Speak- nomic Freedom Act that would take a Labor proposed regulatory changes er. Children working on farms, like number of steps to reverse our govern- that would negatively affect youth em- their adult counterparts, work with or ment’s direction and overregulation. ployment in agriculture, such as nar- around toxic pesticides. They carry Unfortunately, we’re standing here rowing the parental exemption, re- very heavy materials, and they use today to fight one of those misguided stricting the rules of farm ownership, dangerous equipment. The fatality rate regulation attempts. Last September, and prohibiting the use of certain for child farmworkers is four times the Department of Labor proposed equipment central to a farm’s oper- higher than for children in other indus- rules that would have dramatically ation, even for young people who have tries. There are an estimated 400,000 limited the ability of America’s youth received safety training through the children working on farms that are not to contribute to work on their family’s Federal Services Extension program. owned by family members, and those farm or agricultural operations, and it The Labor Department even tried to children deserve health and safety pro- would have restricted, if not com- prevent youth from working with non- tections. That is all this rule would pletely eliminated, educational train- toxic pesticides available at the local have required. Children under 16 should ing opportunities for youth in rural hardware store. not be permitted or required to work America. As a result, I introduced H.R. These proposed regulatory shifts fail with hazardous pesticides or dangerous 4157 as the solution to block the DOL’s to reflect the changes in farming that equipment—period. overly burdensome regulations. have occurred in recent years. We all But let’s be clear. Nothing in the pro- We can’t allow Federal bureaucrats, want to keep young people safe from posed rule would have applied to chil- many of whom have never set foot on a harm, especially when they work in an dren working on their parents’ farms in farm, to tell Iowa farm families how inherently dangerous environment. the first place. I’ve been a steadfast they can run their operations. As a per- However, the administration’s proposal supporter of family farms throughout son who grew up on a family farm and would deny youth an opportunity to my 20 years in Congress. We have many later became a farmer myself, I can at- gain hands-on experience that is cru- family farms in California’s Sixth Con- test to the valuable skills that are de- cial to a farm’s survival. gressional District. veloped through days of bailing hay Throughout our history, farms have and detassling cornfields and showing b 1610 been handed down from one generation cattle at the county fair. I, like so to the next through the knowledge a They are the important economic en- many thousands of youth across this future farmer gained from working gine and a part of the fabric of our country today, utilized my own farm alongside his or her parents. Public beautiful and diverse community. experience to learn the often difficult policy should promote this great Amer- Mr. Speaker, my intent here is sim- lessons of hard work, character devel- ican tradition, not dismantle it. ply to protect children who are in dan- opment, problem solving skills, and Mr. Speaker, across the country, ger of being exploited and injured. The leadership. many farmers are struggling. While I withdrawal of this rule was dis- Life on the farm is never easy, but recognize the Department has with- appointing. Today’s debate, however, is the valuable lessons learned while pro- drawn its proposal for now, we owe it a disgrace. There are nearly 24 million ducing America’s food, feed, and fiber to these hardworking men and women Americans unemployed or under- make for a rewarding way of life. I to remove as much uncertainty as we employed. Instead of addressing the think it goes without saying that the can, especially the uncertainty caused real issues that affect them, we are de- safety and well-being of all farm- by flawed government policies. I am bating legislation that does nothing workers, especially our youth, is of the proud to support the Preserving Amer- that hasn’t already been done. It pre- utmost importance to our Nation’s ica’s Family Farms Act, and I urge my vents a rule that has been already pre- farmers and ranchers. However, the colleagues to vote ‘‘yes.’’ vented by powerful special interests— regulations proposed by the DOL went I reserve the balance of my time. and talk about a waste of taxpayer beyond all common sense and would Ms. WOOLSEY. Mr. Speaker, I yield money. have destroyed opportunities for youth myself such time as I may consume. With the Republican majority taking across the agricultural economy. This Last September, the Department of floor time with meaningless legislation bill will ensure the Department cannot Labor published a proposed rule on like this, it’s no wonder Congress has reissue a proposed rule substantial in children employed in agriculture. I saw an approval rating in the low teens. nature to its version released last year. it as an important regulation that With that, I reserve the balance of Our youth deserve an opportunity to would protect young people working in my time. learn and grow through on-farm experi- one of the top three most hazardous in- Mr. WALBERG. Mr. Speaker, I yield ence, and my bill ensures that that op- dustries in the Nation—agriculture. 3 minutes to the gentleman from Iowa, portunity will remain available. And I But in May, the Department withdrew the sponsor of the bill, Mr. LATHAM. urge support for Preserving America’s the rule. I want to say this again: in Mr. LATHAM. Mr. Speaker, I thank Family Farms Act. May of this year, the Department with- the gentleman for yielding. Ms. WOOLSEY. Mr. Speaker, I re- drew the rule. I’m pleased to stand today in support serve the balance of my time. That wasn’t enough, apparently, for of H.R. 4157, Preserving America’s Mr. WALBERG. Mr. Speaker, I yield the Republican majority. Today, Family Farm Act. This is a very bipar- 1 minute to the gentleman from Wis- they’ve decided to waste precious legis- tisan bill that I think really gets to consin (Mr. DUFFY). lative time on a bill that tells the De- what we’re concerned about in agri- Mr. DUFFY. Mr. Speaker, I rise partment of Labor not to issue this culture today. Anymore these days, it today in support of the American fam- regulation—again, a regulation the De- seems like armies of Federal bureau- ily farm. partment already withdrew. Today’s crats are drawing up new regulations, Wisconsin farms are the bedrock of debate gives new meaning to the idea often with little or no consideration or our society. They are the cornerstone of government waste. Not only did the understanding of the very industries of the Wisconsin economy. Look at our Department of Labor withdraw this that they’re trying to regulate. family farms. If we don’t have the rule; the administration has said it will While some regulations do serve a le- whole family and the youth working on not reissue the rule. gitimate purpose, others do little more the family farm, oftentimes they can’t I was disappointed that the Depart- than create uncertainty and additional be successful in this very challenging ment chose not to pursue the rule in costs for hardworking taxpayers, farm- economy. If you look at the life skills the first place because the rule sought ers, and small business owners. I be- and the work ethic that our youth get

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.055 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5164 CONGRESSIONAL RECORD — HOUSE July 24, 2012 from the family farm, it is amazing. from implementing or enforcing this Mr. WALBERG. Mr. Speaker, I am They learn how to milk cows, how to very specific proposal. In codifying our glad to yield 1 minute to my colleague plant, how to harvest, how to balance intention and passing this bill, we en- and farmer friend from Kansas (Mr. the books, how to manage risk. They sure that all farmers have access to HUELSKAMP). learn how markets work on the family education and retain their family’s tra- Mr. HUELSKAMP. Mr. Speaker, I farm. ditions, two things that are critical in rise in support of the family farms of Here again is a great example of Big our changing society. Kansas and all of America. Government getting bigger and more I often think back when I returned The proposed Department of Labor intrusive, telling American families home from the Army to the farm and rule, restricting children from working whether or not their kids can engage in realized the changes that had taken on family farms, presented a direct the family farm and the family busi- place in farm technology while I was threat not only to the continuity of ness. When you talk to employers in away. The farmers we are nurturing our Nation’s ag tradition, but to a way Wisconsin, they tell me some of their now will acquire even more skills and of life in rural America. Though the best workers are workers who grew up adjust to faster changes than ever be- bureaucrats have put it off for now, on a family farm. If you look back, fore. Young people today, and even such a reprieve may only be tem- thank goodness that we didn’t have my some of us who aren’t too young, are porary. friends across the aisle who are now maintaining high-tech GPS programs, The family farm is one of the best going to complain about the family aerial mapping, and biotechnology that places for a child to learn and develop farms. The Greatest Generation was create greater efficiencies in farming, a strong work ethic. I know this as a raised on the family farm. increase output, and reduce the cost of former farm kid myself, now a fifth- Ms. WOOLSEY. Mr. Speaker, I yield 3 food at our local grocery store. These generation farmer who hopes that my minutes to the gentleman from Iowa young farmers are taking their experi- children will be the sixth. (Mr. BOSWELL). ence on the farm to study and create With our aging crisis facing agri- Mr. BOSWELL. Mr. Speaker, I thank the software that improves farming culture, the last thing we need is for the gentlewoman for yielding me time. and acquire the financial skills it takes Washington bureaucrats who know I appreciate this opportunity. to run a farm, and they are gaining the next to nothing about the family I rise in support of H.R. 4157, Pre- entrepreneurial spirit that is needed to farm—or rural America, for that mat- serving America’s Family Farms, or I be part of one of America’s greatest ter—to regulate it into oblivion. Par- should say farm family traditions. economic sectors. These youth, backed ents, not bureaucrats, know what’s Passing this legislation today will cod- by their experience on the farm, are best for their children. Moms and dads ify our successful effort to prevent the not just farmers. They’re agronomists, should be trusted to raise their kids as Department of Labor from undercut- engineers, economists, and inter- they see fit. ting the structure of our Nation’s fam- national liaisons. I encourage my colleagues to support ily farms. b 1620 this bill. For generations, the contributions of Ms. WOOLSEY. I reserve the balance The SPEAKER pro tempore. The young people have led to family suc- of my time. time of the gentleman has expired. Mr. WALBERG. Mr. Speaker, I yield cess and bright futures on household Ms. WOOLSEY. I yield an additional 2 minutes, at this time, to a former farms. However, late last year, our 30 seconds to the gentleman from Iowa. family farmers faced a sweeping regu- Mr. BOSWELL. We must ensure these rancher kid, rancher, and colleague of lation that would have prevented chil- young farmers have access to the edu- mine, the gentlelady from South Da- dren and grandchildren from partici- cation they deserve, to the traditions kota, KRISTI NOEM. pating in the very important lessons and lessons that so many of us hold Mrs. NOEM. Mr. Speaker, it’s often and traditions that have stabilized not dear and have treasured our entire through debate here on different bills only our families but also our econ- lives. and legislation that comes that we omy. However, I not only call on my col- learn things about each other. We may The short-sighted ruling proposed by leagues to join me in supporting this learn facts about a bill that we’re dis- the Department of Labor would have legislation today, to ensure our young cussing or about experiences that we’ve affected a wide variety of subsectors farmers have access to the education all had. What a lot of people probably within agriculture, work with live- they need, but I also call on us to de- don’t know about me is that I care stock and grain production, commodity mand that the farm bill, passed with 35 deeply about this subject because I lost transportation, youth agriculture edu- ayes out of the House Agriculture Com- my dad in an accident on a farm. It was cation, and a number of other sectors mittee, be brought to the House floor devastating to our family. But I thank that train and educate our youth in for debate. God every single day for every moment family-farm settings with hands-on ex- Farming in America requires a great that I had working beside him, growing perience. deal of capital for major investments, up on the family farm. It was there Not only did this ruling admit in its access to land and credit, the ability to that I learned how to pick out good own text that there was little or no hire and purchase. American farmers land and look for good soil. It’s where data available to back the proposal create jobs and make investments in I learned how to identify a cow that being made, it would, as stated by Fu- communities that keep jobs. The pri- would be a good mother or a good milk- ture Farmers of America—our youth— mary and perhaps only difference be- er. And it was there that I learned to limit, if not eliminate, opportunities to tween a farmer and a businessman is look at a problem and not just talk effectively teach students to be safe that the farmer’s revenue and profits about it, but to actually solve it and to when working in agriculture. are more subject to the whims of the fix it. I’m proud that many of us join in a climate, such as the drought that is So my children are having that same bipartisan effort to tell the Secretary devastating our Nation this summer. experience with me. We get the chance, of Labor through multiple letters that The SPEAKER pro tempore. The when I go home from here, to work to- this ruling is wrong. Fortunately, the time of the gentleman has again ex- gether, to work with our livestock and Department did rescind this ruling, as pired. our animals, and we love it. it was stated a little while ago, so that Ms. WOOLSEY. I yield the gentleman I would be devastated if a Wash- the youth in our districts could con- an additional 30 seconds. ington bureaucrat came and told me tinue to learn important lessons taking Mr. BOSWELL. I thank the gentle- that no longer could I teach my chil- place in the most successful sector of woman from California. dren the way of life that was passed on our economy. So if we care about the future of our to me by my father because of a deci- I support H.R. 4157 because it will farmers and our young farmers, we sion that they decided they would be codify this effort. This bill will clarify must pass a 5-year farm bill, and we safer, that that was no longer allowed. the intention of Congress with respect must do it before the August work pe- So that is why I stand here today in to youth education on farms, and it riod. So let’s pass this bill today, and support of H.R. 4157, Preserving Amer- will prevent the Department of Labor let’s move on to the farm bill next. ica’s Family Farms Act.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.056 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5165 The Department of Labor talked plaud my colleague and friend from b 1630 about putting this regulation in place. Oklahoma for his comments. The Preserving America’s Family They withdrew it because of pressure The concept of ‘‘trust, but verify’’ is Farms Act would prohibit the Depart- from the American people who recog- carried out here. We trust what has ment of Labor from issuing a rule pro- nized that it was not the way to go been said by the Department and the hibiting young people from working on about regulating family farms. And administration, but we verify with the their own family farms. this act is just going to ensure that action that we are taking today. Mr. Speaker, like so many children they can no longer take this action and It gives me a privilege now to yield 2 growing up in rural America, I spent put it into place. minutes of time to a friend from Ten- many of my summers working on my So with that, I proudly stand here, nessee (Mr. DESJARLAIS), a colleague grandparents’ modest dairy farm in protecting our family farms and our who cares about people and their safe- Herkimer County, New York. By my way of life by endorsing this act. ty, and especially young people, as a grandfather’s side, I learned personal Ms. WOOLSEY. Mr. Speaker, I yield 4 medical doctor. responsibility, accountability, gained minutes to the gentleman from Okla- Mr. DESJARLAIS. I thank the gen- character and a sense of accomplish- homa (Mr. BOREN). tleman. ment, as well as the pride and dignity Mr. BOREN. Mr. Speaker, I rise Earlier this year, the Department of that results from a day’s work. today in strong support of H.R. 4157, Labor issued a misguided rule that My family farm would not have been the Preserving America’s Family would effectively ban children from economically viable if my younger Farms Act. working on family-owned farms. While cousins and I had not worked and as- I commend my friend from Iowa (Mr. I’m sure there were some kids in rural sisted during harvest and milking. I am LATHAM) and his entire staff for all of areas across our Nation who were over- concerned, along with many Ameri- their hard work on ensuring that the joyed by this news, I think it would be cans, that the belief in personal ac- Department of Labor’s proposed rule to horribly unfair to deprive our youth of countability and responsibility, as well restrict family farm tradition be re- the same valuable work experience as hard work—which is best instilled at versed. many of us were afforded. a young age—is being diminished. The In December, the U.S. Department of Growing up in a rural community, I lessons learned on a family farm should Labor proposed updated regulations on spent a lot of time doing work on be reinforced and encouraged more, not labor practices for minors in agricul- farms, and I will be the first to admit less. tural operations, including a rule that that it wasn’t always fun. But the val- Mr. Speaker, I acknowledge farms would have prevented children under ues and appreciation for hard work are a dangerous place to work. But as the age of 16 from performing certain that it instilled in me played an impor- a man who has employed hundreds of duties on farms. Historically, family tant role in shaping me as a person. people, those who worked early and farms have been exempted from such That is why I was proud to support hard in their lives, regardless of where rules, but the new proposal could have Preserving America’s Family Farms they worked, were my most eager and been interpreted broadly to exclude op- Act. This legislation will prevent the responsible employees. I could not have erations that are partly owned by ex- Department of Labor from issuing this succeeded without those men and tended family members. rule or any similar rule, preventing women, and neither will this country. In response to the proposed rule, Con- children from working on their par- We should not restrict young people gressman LATHAM and I introduced ents’ farm. from working. Character built early H.R. 4157. The bill protects the family If this proposal from the Department grows deeper and lasts a lifetime. Let’s farm tradition by directing the Sec- of Labor were actually implemented, pass this bill and protect our family retary of Labor to recognize and under- not only would it rob our young farm- farms and the great Americans they stand the unique circumstances of fam- ers of important educational opportu- produce. ily farm youth and multigenerational nities, but it would erode part of our Ms. WOOLSEY. I continue to reserve. family partnerships when drafting reg- Nation’s rural culture. These actions Mr. WALBERG. Mr. Speaker, I’m ulations now and in the future. by the Department of Labor serve as privileged to yield 1 minute to my In April, the administration an- yet another reminder of the troubling friend and colleague, the gentlelady nounced that, as a result of loud oppo- pattern of government overreach and from Missouri (Mrs. HARTZLER). sition, they would not finalize the pro- intrusion we have seen from this ad- Mrs. HARTZLER. Mr. Speaker, as a posed rule. Although I am very pleased ministration. lifelong farmer, I rise today in support that they have decided to abandon the I thank the Tennessee Farm Bureau of H.R. 4157, Preserving America’s flawed rule and listen to thousands of for their efforts in speaking out Family Farms Act. This bill prohibits voices among our rural communities, against this misguided notion and the Secretary of Labor from finalizing passage of H.R. 4157 will ensure that, in working with me to ensure that farm- or enforcing a proposed rule that will the future, the Department of Labor ing decisions are left to farmers, not fundamentally alter the way family does not reissue this proposal or any bureaucrats in Washington. farms have operated for decades, and is other rule that would have a similar ef- Ms. WOOLSEY. Mr. Speaker, I just another example of Washington bu- fect on our family farms. want to repeat what I said in my open- reaucrats trying to tell farmers and This legislation encourages the ad- ing remarks. Nothing in the proposed ranchers how to operate their oper- ministration to work collaboratively rule would have applied to children ations. If these rules are finalized in with rural stakeholders, such as farm- working on their parents’ family farm. their current form, children in rural ers and ranchers, to understand issues The proposed rule maintains the paren- America will not have the opportunity that affect our communities and our tal exemption. to learn the important life skills and way of life. But again, to remind everybody, the values that working on the farm pro- Family farms have a long history of Department of Labor withdrew their vides. providing invaluable work ethic and proposal. We are wasting time today. As I talk with farm families in Mis- leadership experience to future farm- I reserve the balance of my time. souri’s Fourth District, they are frus- ers. Many of these young folks dedicate Mr. WALBERG. Mr. Speaker, I yield trated by this rule. Their message is their entire lives to providing us with 2 minutes of time to my friend from clear, plain and simple: Big Govern- an abundant and safe marketplace, so New York, RICHARD HANNA. ment should not tell hardworking we owe it to them to protect the foun- Mr. HANNA. Mr. Speaker, I rise Americans how to raise their children dation on which this American spirit of today in strong support of H.R. 4157, and care for their land. hard work is built. the Preserving America’s Family I believe the government should en- Please join me, my friend Congress- Farms Act. I am pleased to cosponsor sure our basic liberties, not trample on man LATHAM, and the over 93 bipar- this legislation. them. Parents care more for their chil- tisan cosponsors to pass this legisla- This rule, had it been enacted, would dren than government bureaucrats and tion. be one more sad example of how far our should make the ultimate decisions on Mr. WALBERG. Mr. Speaker, in a government is willing to go to protect the activities of their children, not point of personal privilege, I would ap- us from ourselves. Washington, D.C.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.060 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5166 CONGRESSIONAL RECORD — HOUSE July 24, 2012 I encourage all of my colleagues to said, the proposed regulation was certainty, to give the 4–H and the FFA, support this commonsense legislation. pulled because of political challenges. the educational programs in agri- Ms. WOOLSEY. Again, Mr. Speaker, The American people generally under- culture today, a chance to continue nothing in the proposed rule would stand common sense, and this wasn’t this great legacy of agriculture and of have applied to children working on common sense. family farm operations. That’s really their parents’ family farm, and I re- When we see the cost of regulations what this is all about. serve the balance of my time. in this country right now being $10,000 Mr. Speaker, I, again, ask for support Mr. WALBERG. Mr. Speaker, point of per employee, we add this to the im- of all the Members for this bill. It is ex- personal privilege: a family farm and a pact on the farm family, those that tremely important for family farms. family farm sometimes isn’t the same. have incorporated in order to carry on JULY 24, 2012. If it’s incorporated, it would come their business and ultimately carry on The Honorable, under this proposed rule initially, and farming for generations, we see addi- House of Representatives, for that reason we continue to offer tional problems. So we want to make Washington, DC. DEAR REPRESENTATIVE: This afternoon the this great piece of legislation. And that sure that this debate carries through House of Representatives will debate and gives me the privilege to introduce an- and ultimately we don’t have to do it vote on H.R. 4157, the Preserving America’s other great farmer. again, but that we preserve the right to Family Farms Act. The undersigned organi- I yield 1 minute to my colleague, the farm, we preserve the right to carry on zations support preserving the ability of gentleman from Iowa (Mr. KING). the farming tradition, and the oppor- youth to gain training and education by Mr. KING of Iowa. Mr. Speaker, I tunity to train our young people to do working on the farm. Accordingly, we urge thank the gentleman for yielding to all members of the House to vote in favor of something that is valuable long term H.R. 4157. me. and full of impact. The safety of all workers is of utmost im- When I saw this rule, it was appalling Having said that, Mr. Speaker, I portance; however, in September 2011, the to me to think about the attempt of yield the remainder of my time to the Department of Labor introduced regulations the administration, this assault on the sponsor of this bill, the gentleman that took caution beyond recognition. The sanctity of the family and on the fam- from Iowa (Mr. LATHAM). proposed regulations were overly burden- ily farm all at the same time. And as Mr. LATHAM. Mr. Speaker, I thank some to agriculture producers and would we had a witness come before the have limited, if not eliminated, training op- the gentleman from Michigan for yield- portunities for youth in rural America. For- Small Business Committee, the Assist- ing once again. I will be submitting a tunately, the administration listened to the ant Secretary of Labor, under oath I letter here from 16 national farm concerns of farmers and ranchers by with- asked her what was driving this rule. groups in support of this legislation. I drawing the regulation in April. However, Her answer was: It’s driven by data; the would also like to respond—the gentle- the threat to family farms still exists. H.R. highest level of injuries in youth labor woman talked about farm families, 4157 protects an agricultural way of life from are on the farm, and so we have to do that parents can still let their children future child labor regulations that could something to interrupt this injury limit the ability of youth to learn valuable be involved in the farming operation. skills by working on the farm. that’s taking on place on the farm. That statement to me just shows a While we all respect the obligations and re- So I asked her: What was the second- total misunderstanding and mis- sponsibilities of the Department of Labor to highest level of injury in youth labor? comprehension of what agriculture is ensure the safety of youth working on farms Her answer was: I don’t know. today. Yes, you have family, Mom and as delineated in the Fair Labor Standards Not data driven; it’s driven by some Dad, but the highest percentage of all Act, we believe that the approaches taken misguided ideology. It’s also been sup- farms today are in partnership with need to be well reasoned and not detrimental to the family farm or the youth partici- ported by the Secretary of Agriculture, their brothers, with their sisters. If Tom Vilsack, whose team has been pating in farm work. Thus, we urge all mem- their grandparents are still involved, if bers of the House to vote in favor of this bill working with the Department of Labor. their parents are involved in that farm- when it reaches the floor. And this has not been withdrawn by ing operation, this rule would have pro- Sincerely, the administration, Mr. Speaker, for hibited any child from working on the American Farm Bureau Federation, Amer- the sake of them understanding that farm and being part of a family oper- ican Feed Industry Association, American Horse Council, American Seed Trade Asso- this is a misguided policy decision; it’s ation. Or, if you’re a subchapter S cor- been withdrawn because it is a mis- ciation, American Soybean Association, poration, any of the things that are so Florida Fruit & Vegetable Association, guided political initiative. So I’m glad common today—partnerships, small International Association of Fairs and Expo- it’s temporarily withdrawn, and I ap- business corporations—that these fam- sitions, National Association of State De- preciate the gentleman from Iowa (Mr. ily farm operations are, it would have partments of Agriculture. LATHAM) for bringing this legislation totally prohibited our youth from get- National Cattlemen’s Beef Association, Na- to prohibit this rule from being re- ting the kind of education, getting the tional Council of Agricultural Employers, National Cotton Council, National FFA Or- introduced again. Let’s protect the tra- knowledge, getting the experience that dition that made America great. ganization, National Milk Producers Federa- they can derive working with their par- tion, National Pork Producers Council, Ms. WOOLSEY. I understand, Mr. ents on a family farm operation. United Fresh Produce Association, U.S. Speaker, that we’re ready to close, so I Mr. Speaker, last Saturday I had the Apple Association. yield myself the balance of my time. opportunity to travel to three county Mr. PENCE. Mr. Speaker, I rise in support In closing, Mr. Speaker, once again, fairs, one in Bedford, one in Red Oak, of H.R. 4157, the Preserving America’s Family at a time when there are so many and one in Avoca, Iowa. It brought Farms Act, and I thank Representative Americans looking for work and so back so many memories from my own LATHAM for his work on this issue. many middle class families struggling youth to go to those fairs and see Like many Hoosiers who worked on a farm to make ends meet, Congress has bet- young people showing livestock, either during their youth, I believe we must encour- ter things to do than take up a redun- 4–H or FFA, and to see the experience, age young men and women to participate in dant bill. It’s wasteful, it’s unneces- the love they have for those animals, family farming and ranching. sary, and it prevents us from doing the the love of the farm and agriculture Last September the Labor Department pro- real work that our constituents have that they are developing in their posed regulations that would significantly limit sent us here to do. Let’s answer the im- youth. This is extraordinarily impor- the ability of young men and women to work portant challenges facing the country. tant. on farms and ranches. They have since Let’s start creating jobs for the Amer- While some people may dismiss the backed-off, but the law does not currently pre- ican people. Let’s start now, and let’s importance of this bill, it will prohibit, vent them from bringing it up again. This legis- stop wasting time on something that even in the proposal that was made, lation will explicitly prohibit the Department of has already been satisfied. but also anything like it from hap- Labor from pursuing these types of regulations I yield back the balance of my time. pening. and ensure that family farming and youth em- Mr. WALBERG. Mr. Speaker, I appre- ployment will be continued traditions in Indiana 1640 ciate so much that we’ve had this time b and throughout our Nation. of debate. Again, trust but verify. This That’s what’s very, very important, Despite the severe drought we are currently is a verifying opportunity. As has been to give those families out there the experiencing, young Hoosiers continue to look

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 9920 E:\CR\FM\K24JY7.061 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5167 forward to summer jobs on the farm, where There was no objection. Carter, so it’s even worse than Presi- life lessons and a few dollars can be learned The SPEAKER pro tempore. Pursu- dent Carter. and earned along the way. ant to House Resolution 738 and rule President Obama’s proposal doesn’t Mr. Speaker, I can think of few places better XVIII, the Chair declares the House in open up one new area for leasing and than an Indiana farm where a young person the Committee of the Whole House on energy production. It would set our Na- can truly learn the values of personal respon- the state of the Union for the consider- tion’s energy production back to the sibility and hard work. And if America’s farms ation of the bill, H.R. 6082. days before 2008 when two moratoria are to continue to feed this nation and world, The Chair appoints the gentleman that prohibited drilling of a vast ma- we must encourage young men and women to from Illinois (Mr. DOLD) to preside over jority of American offshore areas were participate in farming and ranching. I urge my the Committee of the Whole. in place. Both moratoria were lifted colleagues to support this commonsense, bi- b 1643 after the summer of 2008 due to the partisan legislation. outrage of the American people over Mrs. MILLER of Michigan. Mr. Speaker, IN THE COMMITTEE OF THE WHOLE the cost of $4-per-gallon gasoline, and America’s Family Farmers have built the most Accordingly, the House resolved they demanded that the Federal Gov- productive agriculture sector in the world and itself into the Committee of the Whole ernment take action. President Obama this abundance helps feed not only our nation, House on the state of the Union for the proposes to effectively reimpose that but also the world. consideration of the bill (H.R. 6082) to moratoria. Family farms are truly based on the family officially replace, within the 60-day From nearly the day he took the where each generation trains the succeeding Congressional review period under the oath of office, this President has put generation. Outer Continental Shelf Lands Act, the brakes on new American energy Last year the Department of Labor tried to President Obama’s Proposed Final production and job creation. In the inject itself into the family farm by proposing Outer Continental Shelf Oil & Gas first weeks of this administration, the onerous new regulations that would have basi- Leasing Program (2012–2017) with a con- Interior Department took a nearly cally denied family farmers the ability to train gressional plan that will conduct addi- complete new offshore lease plan and the next generation of farmers. tional oil and natural gas lease sales to put it on hold for 6 months, and then Some would have you believe that the promote offshore energy development, they tossed out that draft plan entirely Labor Department was just looking out for chil- job creation, and increased domestic and started over. It took them over 31⁄2 dren, but does anyone truly believe that a bu- energy production to ensure a more se- years to get a new proposed plan in reaucrat in Washington cares more about a cure energy future in the United place. And along the way, they delayed family’s children than their parents, or aunts States, and for other purposes, with and canceled multiple lease sales. and uncles, or their grandparents? Mr. DOLD in the chair. For example, President Obama can- Faced with overwhelming opposition earlier The Acting CHAIR. Pursuant to the celed the Virginia lease sale scheduled to this overreach the Department of Labor rule, the bill is considered read the for 2011 last year and now refuses to in- withdrew the proposed regulations and went first time. clude Virginia in his 2012–2017 plan. He back to the drawing board. The legislation we The gentleman from Washington (Mr. is responsible for closing an entire new are considering today would stop these regu- HASTINGS) and the gentleman from area of drilling and cheating the Com- lations in their tracks and keep the bureau- Massachusetts (Mr. MARKEY) each will monwealth out of thousands of jobs crats from getting between family farmers and control 30 minutes. and another industry. If President their children. The Chair recognizes the gentleman Obama has his way, Virginia will be I urge my colleagues to support the heritage from Washington. of the family farm and join me in passing this left out in the cold in until 2017 at the Mr. HASTINGS of Washington. Mr. earliest. legislation. Chairman, I yield myself such time as The SPEAKER pro tempore. The The bill being considered today, H.R. I may consume. question is on the motion offered by 6082, is entitled the Congressional Re- Mr. Chairman, under the shadow of the gentleman from Michigan (Mr. placement of President Obama’s En- the Supreme Court’s ruling on WALBERG) that the House suspend the ergy-Restricting and Job-Limiting Off- ObamaCare, the Obama administration rules and pass the bill, H.R. 4157, as shore Drilling Plan. In stark contrast on June 28 quietly announced the amended. to President Obama’s plan, this bill The question was taken; and (two- President’s proposed final offshore represents a drill-smart plan that in- thirds being in the affirmative) the drilling plan for 2012–2017. cludes 29 lease sales and focuses energy rules were suspended and the bill, as Despite claims of their being proud of production in specific areas containing amended, was passed. their energy record, the Obama admin- America’s greatest known oil and nat- The title was amended so as to read: istration deliberately chose to an- ural gas resources. What a novel idea: ‘‘A bill to prohibit the Secretary of nounce their plan on a day when it go to where the resources are. Labor from reissuing or issuing a rule would get buried in the ObamaCare The bill would replace the lease sales substantially similar to a certain pro- news coverage. This shows that even scheduled in the President’s proposed posed rule under the Fair Labor Stand- this administration is not proud of plan and safely open new areas that ards Act of 1938 relating to child their plan that would place 85 percent were previously under moratoria—such labor.’’. of America’s offshore areas off-limits as the Mid-Atlantic, southern Pacific, A motion to reconsider was laid on to energy production. and the Arctic. It does this while en- the table. Under section 18 of the Outer Conti- suring that necessary and required en- nental Shelf Leasing Act, when any f vironmental reviews are conducted. President proposes a new 5-year off- The congressional replacement plan CONGRESSIONAL REPLACEMENT shore drilling plan, it must be sub- would generate $600 million in addi- OF PRESIDENT OBAMA’S EN- mitted to Congress for a mandatory 60- tional revenue and create tens of thou- ERGY-RESTRICTING AND JOB- day review before it can become final sands of new American jobs. LIMITING OFFSHORE DRILLING and take effect. That 60-day clock is Tomorrow there will be a direct up- PLAN now ticking. It’s now Congress’ respon- or-down vote on the President’s pro- GENERAL LEAVE sibility to take action and to reject posed plan when we consider, under Mr. HASTINGS of Washington. Mr. President Obama’s no-new-drilling, no- suspension, H.R. 6168. There will also, Speaker, I ask unanimous consent that new-jobs plan and to replace it with a obviously, be a direct up-or-down vote all Members may have 5 legislative robust, responsible plan to safely de- on this legislation. So Members can de- days in which to revise and extend velop our offshore energy resources. cide if the President’s plan meets the their remarks and include extraneous According to analysis conducted by standards expected by the American material on the bill, H.R. 6082. the nonpartisan Congressional Re- people or if we should replace it with a The SPEAKER pro tempore (Mr. search Office, the President has pro- real plan that creates jobs and grows LATHAM). Is there objection to the re- posed fewer leases in his plan than any our economy. quest of the gentleman from Wash- President since this process began— The House has taken action to re- ington? that goes back to President Jimmy place the President’s proposed plan,

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.058 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5168 CONGRESSIONAL RECORD — HOUSE July 24, 2012 and I call on the Senate to do the the risk of spoiling the natural re- very honest way of dealing with some- same. If the Senate does nothing and sources of our country—the beaches, thing that will horrify people who live lets the 60-day clock run out, that is an the fishing areas—finding natural gas all along the coastlines in these States endorsement of the President’s plan. It and then ship it to other countries; at that would run the risk of having dam- is an endorsement of the plan that re- least let’s keep it here. And the Repub- age done to their beaches. imposes the drilling moratoria, creates licans are going to oppose keeping the When you include all of the bills that no new jobs and no new energy. natural gas that they would find off have been reported by all of the com- I believe that we can do better than these beaches in California and Maine mittees altogether, this Republican this proposed plan, and our Nation de- and Massachusetts and New Jersey and House has already cast 139 votes—139 serves better. By passing this bill, we send it to other countries. votes—on the House floor this Congress are standing up for American energy This is truly the ‘‘even more oil’’ Re- to benefit the oil and gas industry. and American jobs and moving our publican Party. Whatever ExxonMobile We are going to pass 90 hours of de- country forward. wants, whatever Shell wants, whatever bate on the floor on oil and gas legisla- With that, I reserve the balance of BP wants, we’ll do it, even if we know tion this Congress just today. What a my time. millions of people will just be pro- streak. When most people think of the Mr. MARKEY. Mr. Chairman, I yield testing right from the very beginning— great records of American history, myself as much time as I may con- and by the way, without passing one of they might think of Joe DiMaggio’s 56- sume. the reforms from the BP spill commis- game hitting streak, or Cal Ripkin’s Mr. Chairman, I would like to wel- sion to make sure that the drilling oc- 2,362 consecutive games, or maybe Wilt come everyone back to yet another epi- curs in a safe fashion. Chamberlain scoring 100 points in a sode of the GOP Wheel of Giveaway They still, in 2 years, have yet to basketball game, or Ted Williams hit- game show here. Every week on the bring out one single safety reform that ting .406 in 1941. floor of the House of Representatives, would implement safeguards to protect But when all is said and done, the the majority picks an industry to ben- against the repetition of what hap- record of this Republican Congress vot- efit from giveaways of our public lands. pened in the Gulf of Mexico. So the ing to benefit Big Oil might be just as natural gas that’s found can go over- untouchable a record. With already 139 b 1650 seas. It will be done in a risky fashion votes and nearly 90 hours of debate on One month ago, the Republican ma- because they refuse to learn the lessons these giveaways to the oil industry on jority voted to turn over nearly all of of BP in the Gulf of Mexico, and the House floor, this is a once-in-a-gen- our onshore public lands to the oil and they’ve included no new safety meas- eration performance by this Repub- gas industry in just a few short years. ures. That’s what ExxonMobil wants, lican Congress. It may stand as a Two weeks ago, the majority voted that’s what BP wants, so it’s out here record that can never be broken by any to eviscerate proper environmental re- on the House floor to be voted upon, by other Congress in terms of the number view for massive gold and silver and the way, over the vigorous objection of of giveaways to the oil and gas indus- uranium mines on public lands to ben- this Democrat and Democrats all try. efit the mining industry. And here we across the country. Whether it’s voting 33 times to repeal are on the House floor once again de- This Congress, the Republican major- the Affordable Care Act, or voting bating a Republican bill from the Nat- ity, has reported 11 drilling bills out of again and again for more and more ural Resources Committee intended to the Natural Resources Committee. drilling, under the GOP, this isn’t the hand out even more industry give- Those 11 bills have been combined and House of Representatives, it’s the aways. brought to the House floor and this is House of Repetition. President Truman Well, it actually gets hard to keep now the sixth massive passage of give- dubbed the 80th Congress the ‘‘do noth- track of which industry is getting the aways to Big Oil that we have consid- ing’’ Congress. Well, this is apparently GOP giveaway each week, so let’s con- ered. Two of those bills were largely the ‘‘do the same thing over and over sult our chart—the GOP Wheel of Give- similar to the legislation we are con- and over again’’ Congress. aways—so that we can make sure that sidering today to dramatically expand The Republican majority has already everyone at home can follow along to offshore drilling without putting any cast 139 votes to aid the oil and gas in- see whether it will be the oil, the gas, new safety measures in place. dustry. How many votes have they cast the mining, or the timber industries All of the previous drilling bills have to benefit the wind and the solar indus- that will be the big winner in the give- suffered from the same fate. They were try? Ah, there’s a good question. Well, away of our public lands this week. all far too extreme to pass the Senate the answer is zero—139 for oil and gas, Of course, we all know that it won’t and not a single one of them has been zero for the wind and solar industry. Is be the solar or the wind industries ben- signed into law. Well, let me let every- that all you really need to know about efiting from the Republicans because one in on a little secret: this bill is also what’s going on here in Congress? in the Republican ‘‘oil above all’’ not becoming law. Like the bills before Can you imagine the millennials out game, if you land on renewable energy, it, it can’t pass the Senate, and the ad- there listening to this debate saying you lose a turn. So which industry is ministration has already said that the zero for wind and solar? Zero for the fu- getting the giveaway this week? We are President would veto this bill. ture? Zero for making our country back on the ‘‘even more oil’’ on the But that reality hasn’t stopped the more of the clean energy leader of the House floor today, even more oil give- Republican House from passing give- world, of reducing greenhouse gases, of aways. aways to the oil and gas industry over creating jobs in these industries? Zero H.R. 6082 would place drill rigs right and over again. The reason they keep for wind and solar? off our beaches in southern California, passing them is the same reason when The wind tax breaks, by the way, are off our beaches in Maine, in New Hamp- you go to a movie and you see previews expiring this year. Do not expect that shire, in Massachusetts, in Rhode Is- of coming attractions. What they’re to come out on the House floor as a land, in Connecticut, in New York, in saying here is we’re passing, that is, vote that the Republicans say we must New Jersey—just put the drills right Republicans are passing, all of this leg- extend. But tax breaks for oil compa- out there, right off the Maryland coast. islation for the oil companies to drill nies, extra drilling privileges off our And by the way, there will be millions off our beaches for the big oil compa- beaches for the oil and gas companies? of people, of course, out on those nies. And if just somehow or other Mitt Oh, yeah, plenty of votes for that. beaches saying get those oil rigs off the Romney becomes President and the Re- While we have been spending 90 hours beaches, off the places where people go publicans take over the Senate, this debating legislation to help Big Oil, re- and have a good time during the sum- will become the law of the Nation. So cently the majority wouldn’t even mer, where the fishing industry is. they see this as a preview of coming at- allow a debate on the floor on an My amendment will say, and by the tractions, and they want the public to amendment to create a renewable elec- way, if you do find any oil and gas out know that that will happen. tricity standard for our Nation because there, at least let’s keep the oil and gas They want to run this year on this the Republican energy policy isn’t ‘‘all here in the United States. Let’s not run premise, and I think that’s great. It’s a of the above.’’ It is ‘‘oil above all.’’ And

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.065 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5169 that’s what we’re going to be debating tunity, he makes the choice to prevent H.R. 6082 ignores the fact that Presi- for the rest of the day out here on the efficient energy development from hap- dent Obama’s all-of-the-above energy House floor—sad to say for the future pening. strategy has successfully reduced our of renewable energy for our country. We must do more for the American dependence on foreign oil from 57 per- At this point, I reserve the balance of people in generating more energy for cent in the last year of the Bush ad- my time. lower prices and lessen our dependence ministration to only 45 percent today. Mr. HASTINGS of Washington. Be- on foreign oil. This bill does exactly It ignores the fact that our oil produc- fore I yield to the gentleman from Col- that. tion is at an 18-year high. orado, I’ll yield myself 30 seconds to I ask my colleagues to join me in It does raise the question of why we simply point out to my good friend voting for this bill. Vote for American have this legislation in front of us at from Massachusetts that in response to energy and American jobs. Let’s re- all if not to maybe embarrass the his answer on how many bills this place the President’s do nothing plan President. But, no, the President will House has addressed on renewables, the with a plan that moves America for- not be embarrassed by the facts, and I gentleman said zero, and that is incor- ward. hope we will deal with the facts here. rect. Mr. HOLT. Mr. Chairman, I rise in This legislation is unnecessary and opposition to this bill, and I yield my- unwise—unnecessary because the drill- b 1700 self such time as I may consume. ing is taking place, and unwise because There have been multiple bills and First, I would like to address a point the other side wants to strike all of the parts of bills dealing with the process that the chairman made as he at- environmental protections that, rather of putting wind and solar in place, spe- tempted to correct Mr. MARKEY and than weakened, should be strength- cifically on public lands, so I just want- said that there have been a number of ened. ed to correct the gentleman in that re- wind energy bills considered. I think Later we will be considering an gard. we would gladly count those votes in amendment that I will offer to strike I yield 3 minutes to the gentleman the column of gutting the national en- the language from the underlying bill from Colorado, (Mr. LAMBORN). vironmental protection act, but wind, that requires the Department of the In- Mr. LAMBORN. Mr. Chairman, the no. The wind industry did not support terior to conduct a single multisale en- bill we are considering today is very any of those bills that he was talking vironmental impact statement for all simple. Republicans are taking a about or amendments. They are not new areas opened for drilling. proactive step to secure a more stable wind legislation. They are environ- You may recall, Mr. Chairman, I said energy future for our country. mental spoilage legislation. a moment ago that this legislation Just last week, the nonpartisan Con- Mr. Chairman, this Republican bill talks about drilling from Maine to gressional Research Service published would allow drilling off the coast of South Carolina, off California and in a report confirming what you can see every State in the east coast, from Alaska. And they propose to say a sin- on this chart, that President Obama’s Maine to South Carolina, and off of gle environmental impact statement plan for offshore drilling offers the low- California and in Bristol Bay, off of will deal with that? Well, that’s like est number of lease sales in the history Alaska, which is, I might add, one of the environmental impact statement of our Outer Continental Shelf pro- our Nation’s most important salmon that applied to the BP drilling in the gram. fisheries. By reviving long dead lease gulf that talked about walruses. Yes, There, on the left, my left, ‘‘15’’ is sales in these fishery areas, they would because they were using the same envi- the number you see in red. Going back be reviving sales that the Bush admin- ronmental impact statement that they to 1980, when President Jimmy Carter istration issued just 4 days before they had used in Alaska previously. No, the protection of the environ- was in office, he had 36 lease sales in left office. his proposed 5-year plan. And you can Now, it’s interesting that tomorrow ment requires a little more attention see intervening 5-year plans since 1980 we will consider Republican legislation than that. Congress has a responsi- until today. on this floor that is intended to pro- bility to the American people to ensure This is the fewest ever. Even this hibit midnight regulations, yet, today, that offshore oil and gas drilling is oc- number is generous, because we’re op- we have a midnight drilling lease sale. curring in a safe and environmentally erating under the assumption that the They are, in effect, trying to reinstate responsible manner. Also, later, we will be considering an administration will actually follow the Bush administration’s midnight amendment that I will offer that has to through on doing all of these 15 lease offshore leasing plan. So I just want do with the royalties that will be col- sales. This is not a sure bet, when you my colleagues on the other side to lected—or should be collected—from consider that since the President was know that tomorrow, when we are elected, he has cancelled more lease offshore drilling. talking about midnight regulations, The Big Five oil companies made a sales than he has held. that they were actually talking about record profit of $137 billion last year. In Let me repeat that. This President, it a day in advance. the first quarter of this year, they con- in 31⁄2 years, has cancelled more lease The other side has also made the tinued to capitalize on the pain of sales than have been held. point that the administration’s off- Americans at the pump, raking in $368 Now, the administration proposes a shore drilling plan would reinstate a million in profits per day. And this leg- new leasing plan that offers for sale the moratorium. Quite the opposite. Mr. islation that is brought to the floor by fewest leasing sales ever and locks Chairman, the Obama administration’s the Republicans here wants to allow away 85 percent of our Outer Conti- offshore drilling plan already, now, them to drill in many places without nental Shelf from any development. makes more than 75 percent of our oil paying any royalties, without paying a Why would the President propose the and gas resources available for drilling. fee to the taxpayers for the oil that the fewest number of lease sales ever? Is it They are not doing what the Repub- taxpayers own. because we’ve solved our dependency licans are saying they are doing. on foreign oil? No. We import 5 million Two months ago, industry analysts b 1710 barrels a day. were projecting that, by the end of this Right now, more than 25 percent of Is it because we’ve developed all of year, we would have 50 percent more all oil produced offshore on Federal our domestic resources so there’s noth- floating rigs operating in the gulf than lands is produced without paying a ing left to develop? No. The President’s before the BP spill. It turns out they penny of royalty. That should be plan leaves tens of billions of barrels of were wrong. Not by the end of this changed. oil off limits and trillions of cubic feet year. It’s already happened. We have My constituents—and I think the of natural gas untapped, unused, and about 50 percent more rigs operating in constituents of any Member of this unavailable for the American con- the gulf today. We have more rigs oper- House—would say it’s only fair that sumer. ating in the United States than in the these oil companies pay for what they The President says over and over rest of the world combined. use. that he supports U.S. energy develop- And they’re saying the President is With that, I reserve the balance of ment, then we see that, at every oppor- trying to kill the oil industry. my time.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.067 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5170 CONGRESSIONAL RECORD — HOUSE July 24, 2012 Mr. HASTINGS of Washington. Mr. yield 3 minutes to the gentlelady from approach from Washington, D.C.—rub- Chairman, I am pleased to yield 2 min- California (Mrs. CAPPS). ber-stamping destructive drilling, cut- utes to the gentleman from Louisiana, Mrs. CAPPS. I thank my colleague ting out environmental reviews, lim- a member of the Natural Resources for yielding. iting public input. That might be good Committee and a subcommittee chair- Mr. Chairman, here we are, voting policy for oil companies; but it’s bad man, Dr. FLEMING. once again to mandate new offshore policy for my constituents, and it’s bad Mr. FLEMING. I want to thank the drilling in areas where it simply isn’t energy policy for our Nation. I urge my committee chairman for allowing me wanted. And just like before, this pro- colleagues to oppose this reckless off- to speak. posal simply ignores the facts, the shore drilling bill. First, I would like to agree with the facts stated by my colleague from New Mr. HASTINGS of Washington. Mr. gentleman from New Jersey. He is ab- Jersey: the fact that we already make Chairman, I am pleased to yield 2 min- solutely correct that oil production has more than 75 percent of the offshore oil utes to another member of the Natural increased in recent years and that our and gas resources available for drilling; Resources Committee and a sub- dependence on oil has actually de- the fact that domestic oil production is committee chairman, the gentleman creased over the same period of time. at an 18-year high; and the fact that we from California (Mr. MCCLINTOCK). But why? Because of the private sec- have more rigs that are drilling in the Mr. MCCLINTOCK. As I listened to tor. United States than in the rest of the my colleague from Santa Barbara, I The private sector industry has been world combined. was reflecting on the fact that, during out there and has been drilling in new Instead of addressing the real issues that same period, I represented the areas like North Dakota and in my own in offshore drilling, like the need to same area of Santa Barbara. I was in home State of Louisiana. It’s the pri- adopt the safety recommendations of the State senate for 8 years. So I would vate sector that’s driving this. It’s pro- the nonpartisan oil spill commission, remind the gentlelady that less than 4 ducing more oil than we ever have, and this bill seeks to compound the prob- years ago the Santa Barbara County there is much more that we can have. lems by mandating new drilling all Board of Supervisors passed a resolu- On the other hand, on public lands, over the place. tion asking for more offshore develop- which have been under the control of H.R. 6082 also cavalierly dismisses ment of the Santa Barbara area, so de- the President, we have seen a reduction the legitimate concerns raised by the pendent is the region’s economy on of 15 percent. So there is no way in the people most affected by this mandated that enterprise. world we could give our President, new drilling idea—my constituents. Mr. Chairman, that speaks volumes, I President Obama, credit for that un- After nearly 100 years of drilling off my think, about where the American peo- less, of course, we said, Well, indeed, coastline, Californians have spoken ple stand today as well. the private sector didn’t build it—he loud and clear: we’ve had enough. In America’s energy crisis is not be- did. But I really don’t think that’s the fact, a 2010 proposal to allow slant cause of any shortage of American en- case. drilling from the shores of a coastal ergy. Our Nation is blessed with vast Mr. Chairman, I stand in support of town in my district was opposed by 70 reserves of petroleum, natural gas, H.R. 6082. percent—that’s right, 70 percent—of coal, hydroelectricity, and uranium What we are seeing in President the voters. that dwarf those of any other nation, Obama’s lease plan is a study in con- To protect communities now at risk and they should make us the most trasts. When demand for energy was up under this bill, I offered an amendment prosperous and energy-independent Na- and prices were spiking in 2008, the that would have stopped the mandated tion in the world. Bush administration opened more new lease sales off southern Cali- The real energy crisis is here in areas for drilling. That’s just common- fornia—off my district—but the major- Washington—some would say right sense economics. Here we are 4 years ity refused to allow a debate on this here in this Chamber—where our gov- later with high energy prices again, amendment. In addition, this new man- ernment, in thrall to the green left, and this President’s solution is to pro- dated drilling would happen on plat- continues to thwart the development of pose a plan that opens no new areas of forms that have been in the Santa Bar- American resources. drilling. bara Channel since the Everly Brothers We have seen this policy time and The Obama administration pounced were topping the music charts over 50 time again as the President has on the BP spill 2 years ago to ratchet years ago. It’s not a good idea to use blocked the Keystone pipeline, waged down our Nation’s ability to drill for these old rigs for expanded drilling—20 war on coal, and thwarted offshore ex- oil, and then it dragged its feet in of them—including platform A, as my ploration and development, which is a issuing new drilling permits. All the colleague referenced, which was the problem that this bill now addresses. while, taxpayer dollars were being very culprit of the 1969 Santa Barbara To add hypocrisy to injury, while thrown at failed wind and solar energy oil spill. blocking American petroleum develop- projects like Solyndra and many others I offered an amendment to require ment, many of these politicians exhort too numerous to name today. the Interior Department to certify the Saudis and Brazilians to increase The Acting CHAIR (Mr. MARCHANT). these platforms were actually capable their production. The time of the gentleman has expired. of handling new drilling before it could Enough is enough. Our Nation is at a Mr. HASTINGS of Washington. I start; but thanks to the Rules Com- crossroads. We can choose either a fu- yield the gentleman an additional mittee, we won’t be debating that issue ture of government-created energy minute. either. shortages or a future of jobs, pros- Mr. FLEMING. This legislation is What is also true is that the Pen- perity and abundance produced by smart policy and is a return to com- tagon doesn’t support new drilling off American enterprise. That is the issue mon sense. Our country needs energy, its base on the central coast. The Pen- before us today, and that is one of the and it needs jobs. The President’s plan tagon told ExxonMobil that the com- issues that will be before the American doesn’t help, but H.R. 6082 does. It will pany’s proposed drilling plan at Van- people in November. open areas for drilling that never denberg Air Force Base would ‘‘present Mr. HOLT. Mr. Chairman, I would should have been closed off, and that a wide range of significant operational like to yield 4 minutes to the gen- will lead to more jobs and more cost-ef- constraints.’’ That’s why I offered an tleman from New York (Mr. TONKO), fective energy for Americans. amendment to protect the national who is a new member of the com- Mr. HOLT. Mr. Chair, in 1969, many space launch mission at Vandenberg mittee, but who is one of the most en- in America encountered the phrase ‘‘oil Air Force Base; but again, the House ergetic and informed members of the spill’’ for the first time. Off the coast won’t be able to debate that issue, and committee and passionate about pre- of Santa Barbara, California, there was the concerns of the Air Force are left serving a healthful environment. what has now become the granddaddy unaddressed. Mr. TONKO. Mr. Chairman, here we of oil spills. Mr. Chairman, it’s clear that H.R. go again. Currently representing that area and 6082 is not a well-thought out proposal. It isn’t enough that the Obama ad- those beaches is our good colleague. I It’s another heavy-handed, know-it-all ministration’s offshore drilling plan

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.070 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5171 makes more than 75 percent of our oil The public has a right to know how Secondly, we could create more jobs and natural gas resources available for profits made through exploitation of and a more sustainable future if we drilling; but the majority is not going public resources of our land and our dropped the subsidies for oil and gas to be happy until we have turned over coastlines are being used to influence and we redirected them into wind and every square foot of our public lands elections. My amendment would have solar power; and our coastline to the oil and gas provided the public with some of that Thirdly, this will have no impact companies. information. upon the world oil price. H.R. 6082 abandons any pretense to H.R. 6082 will not make us energy The fact is that we have a good deal the support of states’ rights by man- independent. It will not make us more of experience that shows that no mat- dating lease sales for the east coast energy efficient. It will not lower fuel ter how much production comes out of and southern California—the coastlines prices. Energy efficiency and invest- the United States, it, at best, has a of States that are on record as oppos- ment in our new energy resources are negligible impact upon what consumers ing oil and gas drilling along their the real way to kick our oil habit. pay at the gas pump. Let me introduce coasts. I urge my colleagues to reject H.R. some numbers to that effect to prove b 1720 6082. the point. Mr. HOLT. Mr. Chair, before the gen- We currently consume about 18.8 mil- Too bad New York, New Jersey, Con- tleman begins, may I ask the time re- lion barrels of oil a day, and we necticut, and Massachusetts. If your maining on each side? produce about 5.4 million. Despite the citizens want to prioritize the tourism, The Acting CHAIR. The gentleman concerted efforts of former oilmen recreation, and fishing industries, Big from New Jersey has 7 minutes remain- President Bush and Vice President Oil wants to move in, and H.R. 6028 ing, and the gentleman from Wash- Cheney and a Congress that embraced gives them the authority to do so. H.R. ington has 171⁄4 minutes remaining. the ‘‘drill, baby, drill’’ mantra, total 6082 requires no public comment or Mr. HASTINGS of Washington. Mr. oil production actually dropped from consultation with the States. Appar- Chairman, I am very pleased to yield 2 ently, those steps, steps followed by 2.118 billion barrels in 2001, when Presi- minutes to another member of the Nat- the administration in putting together dent Bush and Vice President Cheney ural Resources Committee, the gen- their plan, are too time consuming. Be- came into office, to 1.812 billion barrels tleman from South Carolina (Mr. DUN- sides, they may result in opposition to in 2008, when they left office. Under the this ill-conceived drilling plan. CAN). friendliest, most pro-oil administra- On the same day that the United Mr. DUNCAN of South Carolina. Mr. tion, U.S. production declined, despite States Chemical Safety Board has re- Chairman, I give thanks to the Natural technological advances in drilling and leased its report on the Deepwater Ho- Resources Committee for their hard despite the lifting of previously re- rizon accident with the finding that work on this issue. stricted areas to drilling on land and at safety lessons were not learned from As my good friend, JEFF LANDRY, the sea. the 2005 refinery accident, we’re mov- Congressman from Louisiana reminds Ironically, oil production today, ing a bill that does nothing to improve us, drilling equals jobs. And Repub- under the Obama administration, is the safety of offshore drilling for either licans have a plan for job creation in higher than at any time during the last the people who work on these rigs or America, and it begins not with a gov- 14 years. I’ll mention that once again. for the many citizens and businesses ernment takeover of our health care Oil production today is higher, under whose coastal access, enjoyment, or industry like the Democrats thought the Obama administration, than at any livelihood would be lost if there were would create jobs. It begins with Amer- time during the last 14 years. an oil spill. ica pursuing energy independence, uti- Onshore, oil companies hold leases on Thankfully, this bill will go no fur- lizing the resources that we are blessed more than 73 million acres of the ther than this House, at least in this with in this country, primarily right public’s land; offshore, more than 37 Congress. If it passed the other body, now in the offshore areas. We do this million acres of the Outer Continental the President has already issued a veto by expanding the areas of our Outer Shelf have been offered for lease since threat. Why are we doing this? One can Continental Shelf that are included in 2012. only speculate. our Nation’s plan for exploration over More of the public’s lands and waters I’m disappointed that the Rules Com- the next 5 years. It seems simple to the are available and have been leased for mittee did not make my amendment in average American, and that’s what drilling than at any previous time in order. It would have required oil and frustrates them so much, that we U.S. history. It’s worth repeating. gas companies that are awarded leases would refuse to at least explore our re- More of the public’s lands and waters to disclose their Federal campaign do- serves and meet our energy needs in are available today and have been nations to candidates and super PACs. this country. leased for drilling than at any previous We are in real danger of losing our With a 9.4 percent unemployment time in U.S. history. democracy. Free speech should not cost rate in South Carolina, South Carolina As of June 1 of this year, there were millions of dollars, and corporations understands that drilling equals jobs. 1,980 rotary drilling rigs operating on are not people. Sunshine is the best Jobs we want, and that is why the Pal- U.S. lands and waters, more than all anecdote to this particular brand of metto State offshore area is included other countries combined. poison. The public should know who is in this bill. But all this activity has had no im- funding issue ads and other campaign- I urge my colleagues on both sides of pact on prices. The fact is we have 36 focused activities, especially when the aisle to support this American Jobs years of data to show that it will have those funds come from corporations and Energy initiative by passing H.R. no impact on the price of oil. that profit from public resources. 6082. Why are we doing this? That’s the The Supreme Court’s decision in the Mr. HOLT. At this time, I am pleased real question that needs to be an- Citizens United case unleashed a tidal to yield 3 minutes to the gentleman swered. The Associated Press under- wave of anonymous campaign dona- from Virginia (Mr. MORAN), who, on the took a statistical analysis of 36 years tions. There are now over 600 super Appropriations Committee and Interior of monthly, inflation-adjusted gasoline PACs poised to spend at least the $221 Appropriations, is a champion for the prices and U.S. domestic oil produc- million that they have collected so far environment. tion. The study found that there was to dominate the airwaves with adver- Mr. MORAN. Mr. Chairman, I want to no statistical correlation between how tisements of the political viewpoints of thank my good friend from New Jersey much oil comes out of U.S. wells and corporations and wealthy individuals. for yielding to me. the price at the pump. According to a Bloomberg news article I have a few facts that we need to put U.S. oil production this past spring has been published earlier this year, Americans on the table here: steady, yet the price of regular gasoline has for Prosperity, an organization backed One, this bill isn’t going anywhere. fluctuated by more than 50 cents a gallon over by oil interests, paid over $12 million It’s not going to be accepted by the a three month period. for ads attacking the Obama adminis- Senate, let alone be enacted by the The price spike this past spring can no tration’s green energy policies. President; more be attributed to President Obama and

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\CR\FM\K24JY7.071 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5172 CONGRESSIONAL RECORD — HOUSE July 24, 2012 the false claim that he is failing to drill more In stark contrast to the President’s of us have seen on television a commer- than he can be credited with the recent drop plan, H.R. 6082 proposes a drill smart cial comes up time and time again. It’s in the gasoline prices. job creation plan that expands offshore a commercial with beautiful coastal This bill moves us in exactly the opposite di- drilling and opens new areas con- scenes in it, telling people, Come to rection of what the bipartisan National Oil Spill taining the most oil and natural gas re- Louisiana, Come to Mississippi, Come Commission recommended: that current envi- sources. I encourage my colleagues to to Florida, Come to the coast. And I ronmental reviews be more thorough and that support this plan. looked at that. And I said, That’s great oil spill response plans cover all contin- Mr. HOLT. May I inquire of the time marketing. At the end of the commer- gencies. remaining, Mr. Chair? cial, I was surprised to see it was spon- It did not call for an arbitrary mandate to The Acting CHAIR. The gentleman sored by BP. Now why was that spon- open all areas offshore on an unrealistic time- from New Jersey has 4 minutes. The sored by BP? It was sponsored by BP table, and it did not recommend drilling appli- gentleman from Washington has 14 because of Deepwater Horizon and the cants be granted fast track approval. minutes. damage that that did. This bill dismisses the work of the commis- Mr. HOLT. I reserve the balance of And this bill is just another attempt sion and pretends the trauma we all experi- my time. at giving Big Oil a handout, putting oil enced in 2010, watching day-after-day and Mr. HASTINGS of Washington. Mr. companies and their profits above both month-after-month, as more than 200 million Chairman, I am very pleased to yield 2 the American taxpayers and American gallons of oil spilled into the Gulf didn’t hap- minutes to the gentleman from Lou- treasures. pen. isiana, Dr. BOUSTANY. Now my district includes the south It pretends the suffering and economic Mr. BOUSTANY. Mr. Chairman, I shore of Massachusetts, the Cape, the losses thousands of residents and local Gulf rise in support of H.R. 6082 which I be- islands of Martha’s Vineyard and Nan- businesses experienced didn’t happen. lieve is a commonsense approach to en- tucket and the south coast. We’re a This bill returns to the lax regulatory climate ergy production and jobs in south Lou- maritime community, one that re- that existed before the disaster. It should be isiana and for our Nation. spects the ocean and one that has pros- defeated. I continue to be disappointed. The pered from its resources. Mr. HASTINGS of Washington. Mr. President states we must have ‘‘an all- This bill would threaten our shores, Chair, I am very pleased to yield 2 min- of-the-above strategy for the 21st cen- our marine life, and the industries that rely upon them by opening up the utes to the gentlelady from Tennessee tury that develops every source of waters of the east coast from Maine to (Mrs. BLACKBURN). American-made energy,’’ but at the South Carolina for quote-unquote ‘‘re- Mrs. BLACKBURN. Mr. Chairman, I same time, he fails to understand the quired oil and gases.’’ thank the gentleman for yielding time. need to develop resources now for fu- Now I ask my colleagues, is this nec- It was just last month that the ad- ture energy production. South Louisiana has tens of thou- essary? Why put hundreds of miles of ministration announced its proposed ocean waters and the livelihoods of our sands of jobs in the oil and gas indus- final lease plan for developing the U.S. fishing and tourism industries at risk try. This administration’s hostility to offshore energy resources for the next 5 when our Nation’s oil imports are al- responsible, safe American energy pro- years, 2012–2017. There was a lot of an- ready down to their lowest level in duction by closing 85 percent—85 per- ticipation about this. We thought that nearly two decades, and production is cent—of our offshore areas to energy finally the administration would hear up? the calls that have come from this production and issuing burdensome and Now in the spirit of compromise, I House saying we need to increase our duplicative regulations stalls our lan- would like to offer a suggestion that American energy supply and we need to guishing economy and hurts job will help the oil companies increase create jobs, but we were disappointed. growth. their profits. And that would be this: Our calls for relief obviously fell on I rise in support of H.R. 6082 because Let’s defeat this bill, and the oil com- deaf ears. it’s a rational and responsible plan. panies won’t have to spend all that Instead of opening up 98 percent of Not only will this bill generate a ro- money paying for TV commercials to the U.S. offshore, which is currently bust drilling plan, creating thousands lure people to areas that are our Na- unleased for energy exploration, the of new jobs, helping to lower the price tion’s treasures because they’ve been President’s plan will make the situa- at the pump, improve American energy damaged. tion worse by closing 85 percent of our security, and strengthen our national Mr. HASTINGS of Washington. Mr. offshore areas to energy production. I and economic security, but it requires Chairman, I am very pleased to yield 2 think that’s significant. separate environmental reviews for minutes to the gentleman from a You have to ask the question: What each specific lease sale. This is good coastal State, the gentleman from Mis- do you really want? If you want energy policy. sissippi (Mr. NUNNELEE). independence, open it up. Let’s explore Passage of this legislation sends a Mr. NUNNELEE. I thank the chair- for these sources. crystal clear message to the adminis- man for yielding. tration: a do-nothing energy plan is I rise in support of H.R. 6082, the Con- b 1730 simply unacceptable. gressional Replacement of President To put that into context, I think I look over at my colleagues on the Obama’s Energy-Restricting and Job- what we need to do is look at this other side of the aisle, and I would urge Limiting Offshore Drilling Plan. President’s plan and compare it to pre- the President as well to take a look at The President’s lease plan for off- vious Presidents. And, Mr. Chairman, that plaque up there near the ceiling shore energy resources is unacceptable. what we find is that this President’s above the Speaker’s Chair—read it— It would close 85 percent of our off- plan offers fewer offshore drilling from Daniel Webster. It says, ‘‘Let us shore areas to energy production and leases than former President Jimmy develop the resources of our land.’’ recovery. Just like the Keystone pipe- Carter had offered. The President’s Passage of this bill gets us on to a line, this is just another example of an plan also ignores the economic strug- good start of developing the resources administration beholden to a radical gles that are facing our country, and it of our land, which include good, high- environmental agenda. really does not move us toward energy paying American jobs. We must be about safely and respon- independence. Mr. HOLT. I would now like to yield sibly recovering American energy. We What it does do is it moves us a step 3 minutes to the gentleman from Mas- have available energy under our feet backwards. We are heading in the sachusetts (Mr. KEATING) who rep- and off our shores. This plan does that wrong direction on this issue, and it re- resents one of the areas that would be by expanding offshore drilling into new imposes a drilling moratorium that affected by offshore drilling, should areas, areas that contain the most oil had been lifted in 2008, a moratorium this go forward. and natural gas resources. that the gulf coast still has not recov- Mr. KEATING. I thank the gen- Our economy is still struggling. Peo- ered from. And I think that we need to tleman for yielding the time. ple are still looking for work. And this look at that and consider those jobs in I don’t have a lot of time to watch bill would generate $600 million in gov- our coastal regions. television these days. But I think most ernment revenue and at the same time,

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.022 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5173 put tens of thousands of Americans true, by the way, you would think, for in favor of an all-of-the-above energy back to work. natural gas. Let’s just say they find plan, and this, of course, confirms that It’s time that we choose jobs and en- some off the coast of Massachusetts or belief. ergy security over left-wing ideology. off the coast of New Jersey; that would Now, I want to make an observation Mr. MARKEY. Mr. Chairman, I am be great. But what the Republicans to part of the debate here that we are the final speaker on our side. If the refuse to agree to is that that natural giving away something. I’m trying to gentleman from Washington State is gas, after we’ve drilled off of our beach- think of an analogy on how to describe ready to conclude debate, so are we in es, cannot be exported to other coun- that, and the best I can come up with the minority. tries. And the reason that’s important is if one has an asset, the Federal Gov- Mr. HASTINGS of Washington. Mr. is we could use that natural gas and ernment has an asset of having control Chairman, I would tell my friend from substitute it for the oil that we import over the Outer Continental Shelf, and Massachusetts, I have one other re- from the Persian Gulf, but they won’t somebody wants to use that asset quest for time and then myself to agree to do that. where there may be some opportunity close. So the one thing that definitely has to grow the economy or create jobs, or Mr. MARKEY. Then, Mr. Chairman, I to be produced here is wind and solar what have you, that seems to me to be will reserve the balance of my time. because it has to be domestic. Natural a positive step rather than a giveaway. Mr. HASTINGS of Washington. Mr. gas, though, you can put it in a ship In fact, I think about the private Chairman, I am very pleased to yield 2 and you can send it around the world. landowners in North Dakota or maybe minutes to the gentleman from Vir- You can freeze it like liquefied natural the State of North Dakota, because the ginia (Mr. HURT). gas. And they won’t agree not to do same people, Big Oil, that are being Mr. HURT. I thank the chairman for that as part of this package of running beat up here on the floor here in debate yielding. the risk of fouling the beaches of the went to North Dakota. They talked to I rise today on behalf of the people of east coast and the west coast. the State and they talked to the pri- Virginia’s Fifth District. As I visit There is just something fundamen- vate landowners. They said, You may with central and southside Virginians tally wrong with this; nothing for wind have some assets that we would like to across my district, they all echo the and solar, everything for the oil indus- see if maybe there is some energy de- same sentiment: The burdens caused by try, including their discretion to then velopment available, very similar to high fuel prices in this stalled economy take the oil and gas that’s discovered what’s available on the Outer Conti- are negatively impacting their lives. off our beaches and selling it overseas. nental Shelf. So they made an agree- This issue particularly resonates in So this is just wrong on so many lev- ment, I’ll pay you, the landowner, the Commonwealth because just last els in terms of what we should be doing some money if you let me look. And if month, the administration announced to protect our own country, and I yield there is something there, I’ll pay you that its 5-year energy plan will exclude back the balance of my time. with what comes out of the ground. resources off of the coast of Virginia. Mr. HASTINGS of Washington. Mr. Now, this is exactly the same process This announcement comes as a shock Chairman, how much time do I have re- we’re going through here, except we’re to the people that I represent. At a maining? dealing with the Outer Continental time when the Fifth District is suf- The Acting CHAIR. The gentleman Shelf. Now, who is the beneficiary of fering from 3 years of high unemploy- has 91⁄4 minutes remaining. that? Well, the beneficiary, in part, ob- ment, now the administration has said Mr. HASTINGS of Washington. Mr. viously, is the Federal Government be- it will put thousands more Virginia Chairman, I yield myself the balance of cause they get money for the leases jobs on hold. It also shocks us because my time. and they’ll get royalty payments. And it shows just how out of touch Wash- Mr. Chairman, I just want to say why I might point out, by the way, Mr. ington is when it comes to the devasta- we are here today. We are here today Chairman, the second largest source of tion that high fuel prices are causing because the President submitted his income to the Federal Government at home. plan. It was late. His 5-year plan is sup- after the income tax comes from leases Energy prices may have subsided for posed to go through a 60-day review and royalties. So there clearly is a ben- now, but now is the time to act. I am here in the Congress. We are here to efit to the American people in that re- proud to support this legislation which offer an alternative to that plan be- gard. replaces the administration’s unrea- cause that plan locks up 85 percent of So when this is characterized as a sonable and irresponsible energy pol- the potential resources in this country. giveaway when supposedly what is icy. I believe that this legislation will We offer this plan because we have being given away is paid for, it does bring jobs to Virginia, help keep fuel heard loud and clear from the Amer- not, in my mind, pass the straight-face prices low, and move our country for- ican people that it is in our best inter- test. ward to spur economic growth in cen- est to be less dependent on foreign en- Lastly, we hear the arguments, spe- tral and southside Virginia. ergy. And in the process of creating cifically from my good friend from Vir- American energy, we obviously create ginia (Mr. MORAN) saying this bill is 1740 b American jobs. That, to me, is a win/ going nowhere in the other body. Well, Mr. MARKEY. Mr. Chairman, I yield win situation. I would remind my good friend that the myself the balance of my time. Now, let me respond to some of the two Senators from his home State of This is a very simple debate to under- arguments that have been made on the Virginia are Democrats, and they are stand. The Republicans want to au- other side, and I want to point out spe- in support of drilling off the coast of thorize drilling for oil and gas off of cifically the bills. Virginia, which, of course, this bill em- the coastlines of southern California, The charge was made that the Repub- bodies. So if maybe they could whisper Maine and New Hampshire, Massachu- lican-led House has not taken up any into the majority leader’s ear and get setts and Rhode Island, New York, bills dealing with renewable energy. In some action on it, then this bill, in- Maryland, and New Jersey. Those fact, the observation was that there deed, could move through the Senate, States do not want that. They long ago were no bills. In fact, there have been as I suspect it will move through the decided the risks were too great for several bills, and there are three bills House, on a bipartisan basis in the their beaches and for their fishing in- that have passed the House. Now, some same light. dustries. They do not want it. of my friends on the other side of the So with that, Mr. Chairman, I think But it also is in the context of this aisle may not like it, but the fact is this bill is a very good bill. I urge its Republican aversion, this Republican that they’ve passed. adoption, and I yield back the balance opposition to wind and solar and other The first one is H.R. 4402. It passed on of my time. renewables receiving the same atten- a bipartisan basis in July. H.R. 3408, it The Acting CHAIR. All time for gen- tion as oil and natural gas does. And too passed on a bipartisan basis in Feb- eral debate has expired. the important thing about wind and ruary. And H.R. 4480, it too passed on a Pursuant to the rule, the bill shall be solar is that they would be domesti- bipartisan basis in June. So Repub- considered for amendment under the 5- cally produced 100 percent. The same is licans have repeatedly said that we are minute rule.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.076 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5174 CONGRESSIONAL RECORD — HOUSE July 24, 2012 In lieu of the amendment in the na- (1) lease sale numbers 229, 227, 233, 244, 225, (1) the Secretary is not required to identify ture of a substitute recommended by 231, 238, 235, 242, 246, 226, 241, 237, 248, and 247 nonleasing alternative courses of action or to the Committee on Natural Resources, are such sales proposed in, and shall be con- analyze the environmental effects of such alter- printed in the bill, it shall be in order ducted in accordance with, the Proposed Final native courses of action; and Outer Continental Shelf Oil & Gas Leasing Pro- (2) the Secretary shall only— to consider as an original bill for the gram (2012–2017), except each such lease sale (A) identify a preferred action for leasing and purpose of amendment under the 5- shall be conducted in the year specified for such not more than one alternative leasing proposal; minute rule an amendment in the na- sale in the table in subsection (b); and ture of a substitute consisting of the (2) lease sale numbers 220, 212, 228, 230, 221, text of Rules Committee Print 112–29. 245, 232, 234, 239, 217, and 243 are such sales (B) analyze the environmental effects and po- That amendment in the nature of a proposed in, and shall be conducted in accord- tential mitigation measures for such preferred action and such alternative leasing proposal. substitute shall be considered as read. ance with, the Draft Proposed Outer Conti- The text of the amendment in the na- nental Shelf (OCS) Oil and Gas Leasing Pro- SEC. 7. EASTERN GULF OF MEXICO NOT IN- gram for 2010–2015 as published in Federal Reg- CLUDED. ture of a substitute is as follows: ister on January 21, 2009 (74 Fed. Reg. 12), ex- Nothing in this Act affects restrictions on oil H.R. 6082 cept each such lease sale shall be conducted in and gas leasing under the Gulf of Mexico En- Be it enacted by the Senate and House of the year specified for such sale in the table in ergy Security Act of 2006 (title I of division C of Representatives of the United States of subsection (b); and Public Law 109–432; 43 U.S.C. 1331 note). America in Congress assembled, (3) lease sale numbers 249 and 250 shall be conducted— SEC. 8. LEASE SALE OFF THE COAST OF SOUTH SECTION 1. SHORT TITLE. CAROLINA. This Act may be cited as the ‘‘Congressional (A) for lease tracts in the Southern California Replacement of President Obama’s Energy-Re- OCS Planning Area and Mid-Atlantic OCS In determining the areas off the coast of stricting and Job-Limiting Offshore Drilling Planning Area, respectively, as determined by South Carolina to be made available for leasing Plan’’. and at the discretion of the Secretary, subject to under this Act, the Secretary of the Interior subparagraph (C); shall— SEC. 2. DEFINITIONS. (B) in the year specified for each such lease In this Act: (1) consult with the Governor and legislature sale in the table in subsection (b); and (1) OCS PLANNING AREA.—Any reference to an of the State of South Carolina; and (C) in accordance with the other provisions of ‘‘OCS Planning Area’’ means such Outer Conti- (2) focus on areas considered to have the most this Act. nental Shelf Planning Area as specified by the geologically promising energy resources. Department of the Interior as of January 1, SEC. 4. SOUTHERN CALIFORNIA EXISTING INFRA- STRUCTURE LEASE SALE. 2012. The Acting CHAIR. No amendment (a) IN GENERAL.—In lease sale 249 under sec- (2) PROPOSED OIL AND GAS LEASING PROGRAM to that amendment in the nature of a tion 3, the Secretary shall offer for sale leases of (2012–2017).—The term ‘‘Proposed Final Outer substitute shall be in order except Continental Shelf Oil & Gas Leasing Program tracts in the Santa Maria and Santa Barbara/ those printed in part C of House Report (2012–2017)’’ means such plan as transmitted to Ventura Basins of the Southern California OCS 112–616. Each such amendment may be Planning Area as soon as practicable, but not the Speaker of the House and President of the offered only in the order printed in the Senate on June 28, 2012. later than December 31, 2013. (b) USE OF EXISTING STRUCTURES OR ON- report, by a Member designated in the SEC. 3. REQUIREMENT TO IMPLEMENT PRO- SHORE ASED RILLING report, shall be considered as read, POSED OIL AND GAS LEASING PRO- -B D .—The Secretary of the GRAM (2012–2017). Interior shall include in leases offered for sale shall be debatable for the time speci- (a) IN GENERAL.—Except as otherwise pro- under lease sale 249 such terms and conditions fied in the report equally divided and vided in this Act, the Secretary of the Interior as are necessary to require that development controlled by the proponent and an op- shall implement the Proposed Final Outer Con- and production may occur only from offshore ponent, shall not be subject to amend- tinental Shelf Oil & Gas Leasing Program (2012– infrastructure in existence on the date of the enactment of this Act or from onshore-based drill- ment, and shall not be subject to a de- 2017) in accordance with the schedule for con- mand for division of the question. ducting oil and gas lease sales set forth in such ing. proposed program, the Outer Continental Shelf SEC. 5. NATIONAL DEFENSE. AMENDMENT NO. 1 OFFERED BY MR. HASTINGS Lands Act (43 U.S.C. 1331 et seq.), and otherwise (a) NATIONAL DEFENSE AREAS.—This Act shall OF WASHINGTON applicable law. in no way affect the existing authority of the The Acting CHAIR. It is now in order Secretary of Defense, with the approval of the (b) MODIFIED AND ADDITIONAL LEASE SALES.— to consider amendment No. 1 printed in Notwithstanding the schedule of lease sales in President, to designate national defense areas the Proposed Final Outer Continental Shelf Oil on the outer Continental Shelf pursuant to sec- part C of House Report 112–616. & Gas Leasing Program (2012–2017), the Sec- tion 12(d) of the Outer Continental Shelf Lands Mr. HASTINGS of Washington. Mr. retary shall conduct under the Outer Conti- Act (43 U.S.C. 1341(d)). Chairman, I have an amendment at the nental Shelf Lands Act (43 U.S.C. 1331 et seq.) (b) PROHIBITION ON CONFLICTS WITH MILI- desk. oil and gas lease sales in OCS Planning Areas TARY OPERATIONS.—No person may engage in as specified in the following table, in the year any exploration, development, or production of The Acting CHAIR. The Clerk will specified in the table for each lease sale: oil or natural gas on the Outer Continental designate the amendment. Shelf under a lease issued under this Act that The text of the amendment is as fol- would conflict with any military operation, as Lease OCS Planning Area Year lows: Sale No. determined in accordance with the Memo- randum of Agreement between the Department Page 1, beginning at line 11, strike ‘‘PRO- 229 Western Gulf of Mexico ...... 2012 POSED OIL AND GAS LEASING PROGRAM (2012– 220 Mid-Atlantic ...... 2013 of Defense and the Department of the Interior 225 Eastern Gulf of Mexico ...... 2013 on Mutual Concerns on the Outer Continental 2017)’’ and insert ‘‘PROPOSED FINAL OUTER 227 Central Gulf of Mexico ...... 2013 Shelf signed July 20, 1983, and any revision or CONTINENTAL SHELF OIL & GAS LEASING PRO- 249 Southern California (existing infra- GRAM (2012–2017)’’. structure sale) ...... 2013 replacement for that agreement that is agreed to 233 Western Gulf of Mexico ...... 2013 by the Secretary of Defense and the Secretary of Page 1, line 14, strike ‘‘plan’’ and insert 244 Cook Inlet...... 2013 ‘‘program’’. 212 Chukchi Sea...... 2013 the Interior after that date but before the date 228 Southern California...... 2014 of issuance of the lease under which such explo- The Acting CHAIR. Pursuant to 230 Mid-Atlantic ...... 2014 ration, development, or production is conducted. 231 Central Gulf of Mexico ...... 2014 House Resolution 738, the gentleman 238 Western Gulf of Mexico ...... 2014 SEC. 6. ENVIRONMENTAL IMPACT STATEMENT 242 Beaufort Sea...... 2014 REQUIREMENT. from Washington (Mr. HASTINGS) and a 221 Chukchi Sea...... 2014 (a) IN GENERAL.—For the purposes of this Act Member opposed each will control 5 245 Mid-Atlantic ...... 2015 232 North Atlantic...... 2015 and in order to conduct lease sales in accord- minutes. 234 Eastern Gulf of Mexico ...... 2015 ance with the lease sale schedule established by The Chair recognizes the gentleman 235 Central Gulf of Mexico ...... 2015 this Act, the Secretary of the Interior shall pre- 246 Western Gulf of Mexico ...... 2015 from Washington. 237 Chukchi Sea...... 2016 pare a multisale environmental impact state- 239 North Aleutian Basin ...... 2016 ment under section 102 of the National Environ- Mr. HASTINGS of Washington. Mr. 248 Western Gulf of Mexico ...... 2016 mental Policy Act of 1969 (42 U.S.C. 4332) for all Chairman, I yield myself such time as 241 Central Gulf of Mexico ...... 2016 226 Eastern Gulf of Mexico ...... 2016 lease sales required under this Act that are not I may consume, and I will just take a 217 Beaufort Sea...... 2016 included in the Proposed Final Outer Conti- few seconds here. 243 Southern California...... 2017 nental Shelf Oil & Gas Leasing Program (2012– 250 Mid-Atlantic ...... 2017 This amendment is very simple. It 247 Central Gulf of Mexico ...... 2017 2017). 255 South Atlantic-South Carolina ...... 2015 (b) ACTIONS TO BE CONSIDERED.—Notwith- makes two small technical corrections standing section 102 of the National Environ- to the way the plan is referred to in the (c) LEASE SALES DESCRIBED.—For purposes of mental Policy Act of 1969 (42 U.S.C. 4332), in bill, and I urge my colleagues to sup- subsection (b)— such statement— port this amendment.

VerDate Mar 15 2010 04:44 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.079 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5175 I yield to the gentleman from Massa- This committee, instead of doing a I urge adoption of the amendment. chusetts. bill that—seems to be motivated to try I yield back the balance of my time. Mr. MARKEY. I thank the gen- to embarrass the President, I guess, Mr. HASTINGS of Washington. Mr. tleman. based on a false premise that the Presi- Chairman, I rise to claim time in oppo- The minority has no objection to the dent is interfering with the oil indus- sition. amendment by the gentleman, and we try. They should actually be trying to The Acting CHAIR. The gentleman is urge support of it. put in place corrections that have been recognized for 5 minutes. Mr. HASTINGS of Washington. Mr. pointed out that are needed following Mr. HASTINGS of Washington. Mr. Chairman, I urge adoption of the the knowledge we’ve learned from the Chairman, I yield myself as much time amendment, and I yield back the bal- BP oil spill. The independent BP Spill as I may consume. ance of my time. Commission gave Congress a grade of The amendment prioritizes bureauc- The Acting CHAIR. The question is ‘‘D’’ for a legislative response. racy over responsibly increasing en- on the amendment offered by the gen- Now, the Republican majority has ergy production and job creation. This tleman from Washington (Mr. HAS- said they wanted to wait until all the amendment would strike the section of TINGS). facts were in before taking action to the bill requiring that an environ- The amendment was agreed to. respond to the gulf spill. Well, the time mental impact statement be conducted has come. We’ve heard from the inde- b 1750 prior to any leasing in lease sale areas. pendent BP Spill Commission, Mr. AMENDMENT NO. 2 OFFERED BY MR. HOLT The gentleman takes issue with the Chairman; we’ve heard from the gov- manner in which the environmental The Acting CHAIR. It is now in order ernment’s joint investigative team, Mr. to consider amendment No. 2 printed in Chairman; and those reports reached impact statement is required to be con- part C of House Report 112–616. similar conclusions: The BP disaster ducted. However, what he fails to men- Mr. HOLT. Mr. Chairman, I have an was preventible, not inevitable. Those tion is that the administration is re- amendment at the desk. reports concluded that corners were quired to do yet another environmental The Acting CHAIR. The Clerk will cut, bad decisions were made, and review prior to each lease sale and ad- designate the amendment. stronger safety standards could have ditional reviews on each lease block as The text of the amendment is as fol- a part of the leasing process, and then lows: helped, in fact, could have prevented the disaster. each exploration plan has additional Beginning at page 5, line 22, strike section In fact, just today, the United States environmental work. So, in effect, all 6. Chemical Safety Board issued its first of the areas in the underlying bill will The Acting CHAIR. Pursuant to report on the BP oil spill disaster and be studied and then restudied for the House Resolution 738, the gentleman found that, when BP looked at offshore effect that any activity will have on from New Jersey (Mr. HOLT) and a operations, it ‘‘focused on financial the environment. Member opposed each will control 5 risks, not process safety risks.’’ Not only that, Mr. Chairman, but all minutes. So that’s what we should be doing of these lease sales will still be subject The Chair recognizes the gentleman here today. We should be strengthening to the many different laws that still from New Jersey. the safety, the public health, and the impact the offshore leasing process, Mr. HOLT. Mr. Chairman, the amend- environmental protections instead of such as the Coastal Zone Management ment is simple: saying we’re going to drill everywhere Act, the Marine Mammal Protection ‘‘On page 5, line 22, strike section 6.’’ and water down the environmental pro- Act, the Endangered Species Act, and This amendment strikes language tections. the National Fishing Enhancement from the bill that requires the Interior Here we are considering the 11th Act, to name a few. Department to conduct a single drilling bill over the last 18 months. The truth of the matter is that this multisale environmental impact state- The Republican majority is, once bill doesn’t harm the environment. It ment for all of the new areas that again, seeking to open up vast, vast goes an extra mile in requiring a mul- would be opened under this bill. swaths of America’s coastlines to drill- Now, it’s not going to happen. We are tiple-sale EIS on all of the lease areas, ing without proper environmental re- not going to see this into law. I’m sure while also ensuring that leasing does view. occur, although that leasing is still this bill is not going anywhere. But if Mandating a single environmental it were, it would be an environmental subject to all the environmental pro- impact analysis for the variety of lease tection laws that are on the books. disaster. sales included under this legislation is The notion that one environmental Support for offshore energy develop- simply insufficient. Truncating envi- ment does not mean that you cannot analysis would be sufficient for lease ronmental review will make drilling sales in the Atlantic, in the Pacific, also respect the range of different envi- less safe, not more safe. ronmental needs based on lease area. and Bristol Bay in Alaska is simply ab- Let me be clear: The authors of H.R. Mr. Chairman, I don’t think anybody surd. These are very different environ- 6082 apparently believe that the Atlan- in the country does not want to drill ments. The steps that would be taken tic, the Pacific, and Bristol Bay are safely and responsibly. I know I cer- to prepare for drilling would be dif- similar enough to warrant a single en- tainly don’t, and I know Members on ferent in each one. The steps that vironmental assessment. would be taken during drilling would An oil spill off the east coast would my side of the aisle don’t. So I encour- be different in each one. The steps that endanger 200,000 jobs and $12 billion as- age my colleagues to oppose this would be taken to prepare against an sociated with just New Jersey’s fishing amendment. accident would be different in each and tourism industries—and that’s not Mr. Chairman, I understand the gen- one, and the steps for a cleanup would counting the indirect effects as this tleman has yielded back his time. I be different in each one. In fact, it money flows through our local econo- will yield back my time and urge a would be hard to imagine three envi- mies. ‘‘no’’ vote. ronments that could be more different. Bristol Bay and the North Aleutian The Acting CHAIR. The question is Even along the Atlantic coast from Basin form the heart of one of the most on the amendment offered by the gen- South Carolina to Massachusetts there productive salmon fisheries on the tleman from New Jersey (Mr. HOLT). are differences. planet, contributing more than $5 bil- The question was taken; and the Act- Congress has a responsibility to the lion every year to our economy, yet ing Chair announced that the ayes ap- American people to ensure that off- the underlying bill opens up these peared to have it. shore drilling for gas and oil is occur- areas to drilling under a truncated en- Mr. HASTINGS of Washington. Mr. ring in a safe and environmentally re- vironmental review. Chairman, I demand a recorded vote. sponsible manner. It’s been over 2 My amendment simply strikes the The Acting CHAIR. Pursuant to years since the worst environmental language from the bill that requires a clause 6 of rule XVIII, further pro- oil disaster in American history, the single multisale environmental impact ceedings on the amendment offered by BP oil spill, and Congress has yet to statement and would go a long way to- the gentleman from New Jersey will be enact a single legislative reform. ward protecting the environment. postponed.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.081 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5176 CONGRESSIONAL RECORD — HOUSE July 24, 2012 AMENDMENT NO. 3 OFFERED BY MS. RICHARDSON amendment because I think this is a from any oil or gas produced from The Acting CHAIR. It is now in order responsible approach that we are try- these lands. to consider amendment No. 3 printed in ing to take. We should be able to tell Americans part C of House Report 112–616. One of the reasons why California is that we are keeping the natural gas Ms. RICHARDSON. Mr. Chairman, I so important, I think as the gentlelady produced on their public lands here in have an amendment at the desk. knows, is that there are geologists that America to keep prices low for Ameri- The Acting CHAIR. The Clerk will say that there are over 1.5 million po- cans here in the United States, and designate the amendment. tential barrels of oil off the shore. That we’re going to find ways of putting The text of the amendment is as fol- should be important to Californians be- that natural gas into trucks, into lows: cause not too long ago you were pro- buses, into cars so that we can stop im- Page 7, strike line 3 and insert the fol- ducing 50 percent of your oil produc- porting oil from dangerous parts of the lowing: tion, now it’s down to 38 percent. What world. SEC. 8. LEASE SALES OFF THE COASTS OF SOUTH we say, obviously, in this legislation is We should be able to tell Americans CAROLINA AND CALIFORNIA. that it should be done from platforms that we’re keeping the natural gas here Page 7, line 5, after ‘‘lina’’ insert ‘‘and the on land. so that we can create more American coast of California’’. So I thank the gentlelady for her jobs in manufacturing plastics, fer- Page 7, line 8, strike ‘‘the State of South amendment. I think it’s a responsible tilizer, chemicals, and steel; and that Carolina’’ and insert ‘‘each such State’’. approach, and I think it adds to this we tell those countries in the Middle The Acting CHAIR. Pursuant to legislation. And I urge my colleagues East we don’t need your oil any more House Resolution 738, the gentlewoman to support the amendment. than we need your sand because we from California (Ms. RICHARDSON) and a Ms. RICHARDSON. Mr. Chairman, have natural gas here in America. Member opposed each will control 5 again, I just want to conclude with That’s all that my amendment would minutes. saying that I both acknowledge and ap- do, send a strong signal to the OPEC The Chair recognizes the gentle- preciate the leadership by both Chair- nations. woman from California. man HASTINGS and Ranking Member Current law does not allow for the Ms. RICHARDSON. Mr. Chairman, MARKEY; look forward to working with exportation of our crude oil, and it my staff and I have had the oppor- them on this and many other issues; shouldn’t allow for the exportation of tunity earlier today to discuss this and I’m grateful for their willingness our natural gas either. My amendment amendment with Chairman HASTINGS, to consider the rightfulness of this would ensure that no waivers can be Ranking Member MARKEY and their amendment. granted, no permits can be issued to staffs, so I’ll be brief. With that, I yield back the balance of export natural gas produced from the b 1800 my time. public land of the United States to The Acting CHAIR. The question is other countries when we’re still im- The Richardson amendment improves on the amendment offered by the gen- porting oil from OPEC. How much the bill by amending section 8 to ex- tlewoman from California (Ms. RICH- sense does that make that we find nat- plicitly require the Secretary of the In- ARDSON). ural gas and start to sell it to other terior to consult the California Gov- The amendment was agreed to. countries, even as OPEC continues to ernor and the State legislature before AMENDMENT NO. 4 OFFERED BY MR. MARKEY tip us upside down and shake money leasing any areas off the coast of Cali- The Acting CHAIR. It is now in order out of our pockets at the pump? fornia. My amendment codifies in the to consider amendment No. 4 printed in So I’m going to reserve the balance bill existing law, practice, and custom. part C of House Report 112–616. of my time at this point and continue In short, the Richardson amendment Mr. MARKEY. Mr. Chairman, I have my argument in a few minutes. extends to California the same consid- an amendment made in order under the Mr. HASTINGS of Washington. Mr. eration that the bill’s drafters afforded rule. Chairman, I rise to claim time in oppo- the State of South Carolina. The State The Acting CHAIR. The Clerk will sition to the amendment. of California has within its borders designate the amendment. The Acting CHAIR. The gentleman is more than two-thirds of the Nation’s The text of the amendment is as fol- recognized for 5 minutes. Pacific coastline, a far greater percent- lows: Mr. HASTINGS of Washington. I age than South Carolina has with re- Add at the end the following: yield myself such time as I may con- spect to the Atlantic coastline. SEC. ll. REQUIREMENT TO OFFER GAS FOR sume. California’s coastline is an inter- SALE ONLY IN THE UNITED STATES. Mr. Chairman, I’m very happy to see national treasure, and our State’s resi- The Secretary of the Interior shall require that the gentleman understands that dents should have input on drilling off that all gas produced under a lease issued America needs oil and natural gas. our shores. Offshore drilling along the under this Act shall be offered for sale only That was a very good statement on his California coastline should thoroughly in the United States. part. We would prefer to see more do- consider impacts to tourism, fisheries, The Acting CHAIR. Pursuant to mestic production of this necessary coastal recreation, and of course the House Resolution 738, the gentleman commodity rather than importing it economy and its benefits. That is why from Massachusetts (Mr. MARKEY) and from foreign countries. I think we’re it’s reasonable and necessary that the a Member opposed each will control 5 making progress in that regard, Mr. people of California, through their minutes. Chairman. chief elected officials, be consulted by The Chair recognizes the gentleman The good news is this is already law, the Secretary of the Interior on the from Massachusetts. what the gentleman is trying to ad- subject of offshore drilling off the Cali- Mr. MARKEY. Mr. Chairman, I yield dress. Title 43, chapter 29, section 1534 fornia coast. myself such time as I may consume. of the U.S. Code specifically prevents Mr. Chairman, I’d like to acknowl- Mr. Chairman, this amendment is the export of both oil or gas produced edge the leadership and expertise and very, very simple. It ensures that the from the Outer Continental Shelf unwillingness of Chairman HASTINGS and natural gas produced under the leases less the President finds that it is, one, Ranking Member MARKEY for working issued under this legislation is sold in in the national interest; two, will not with me on the Richardson amend- America. We’re talking about the pub- increase our reliance on natural gas; ment, and I urge my colleagues to sup- lic lands of the United States, the tax- and, three, that it is in accordance port the amendment. payer-owned lands of the United with the Export Administration Act, Mr. HASTINGS of Washington. Will States. These are the American peo- which puts further regulations on ex- the gentlelady yield? ple’s lands off of Massachusetts, off of ports. Ms. RICHARDSON. I yield to the New York, off of New Jersey, off of Now, the House has said repeatedly gentleman. California that are being leased under that increased energy production on Mr. HASTINGS of Washington. I this bill. The very least we should be Federal lands is in the national inter- thank the gentlelady for yielding. And able to tell the American people is that est. So I suppose the gentleman could I want to congratulate her on her they are actually going to see a benefit say there is some wiggle room there.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.085 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5177 But, nevertheless, this amendment had take their risk, that natural gas should risk of ignition and explosion of hydro- failed in committee last week, it has stay here in America. ExxonMobil carbons. failed on the House floor on many occa- shouldn’t be able to pack it up and sell The Acting CHAIR. Pursuant to sions because of this protection that’s it to China, sell it to South America. House Resolution 738, the gentleman already in law. So I urge my colleagues That natural gas should stay here in from Massachusetts (Mr. MARKEY) and to reject this amendment, and I reserve America if it’s found off of our beaches. a Member opposed each will control 5 the balance of my time. That’s what the Markey amendment minutes. Mr. MARKEY. Mr. Chairman, I yield calls for. The Chair recognizes the gentleman myself such time as I may consume. I yield back the balance of my time. from Massachusetts. The Department of Energy right now Mr. HASTINGS of Washington. Mr. Mr. MARKEY. Mr. Chairman, the has applications from 15 companies to Chairman, I yield myself the balance of independent blue ribbon BP Spill Com- export 28 percent of our current nat- the time. mission—and this is their comprehen- ural gas consumption in the United Mr. Chairman, I just want to say that sive compendium of what went wrong States. this law has been on the books since and what needs to be done in order to Let me be very clear: exporting our 1940. Now, in 1940, there was a whole lot correct what went wrong in the Gulf of natural gas will increase American en- of unrest in the world just prior to the Mexico, the worst environmental dis- ergy prices. No economist or energy Second World War, and in the wisdom, aster in the history of our country— analyst disagrees. Why would we find apparently, of the Congress of that concluded that there were systemic natural gas here and then start selling time, they said that energy production problems that occurred in the entire it around the world? It would increase from the Outer Continental Shelf, industry. the price here. In fact, exporting far which I might add, was probably not as The Commission recommended less than what is currently being pro- robust as it is today, there are only sweeping reforms to improve the safety posed could send domestic natural gas certain conditions that you would ex- of offshore drilling. Yet, this Congress prices skyrocketing by 54 percent. port what comes off. And as I listed has still not enacted a single legisla- Let me just let everyone out there those things before, I think they’re im- tive reform and, as a result, the BP know right now, we are the Saudi Ara- portant. Spill Commission recently gave Con- bia of natural gas. We are, right now, That law was a good law then. It’s a gress a D, this Republican Congress, on the lowest natural gas price in the good law now. This amendment adds its legislative response, and only re- world. In the United States, it’s only absolutely nothing to that whatsoever. frained from handing out an F because $2.40, $2.50 in Mcf. In Japan, in Korea, So, Mr. Chairman, I would urge my it said it didn’t want to insult the in- in China, it’s seven times higher. In colleagues to vote ‘‘no’’ on this amend- stitution. Europe, it’s four times higher. So if ment. My amendment would simply ensure I yield back the balance of my time. you’re a manufacturer, if you’re a com- that we put into the statute specific The Acting CHAIR. The question is minimal safety requirements for blow- pany thinking about moving your on the amendment offered by the gen- trucking or your bus fleet to natural out preventers, cementing, and the cas- tleman from Massachusetts (Mr. MAR- gas as opposed to oil and you’re in ing of offshore wells. My amendment KEY). would ensure that if we are going to ex- these other countries, it’s difficult for The question was taken; and the Act- pand drilling off of States like Massa- you to do it. ing Chair announced that the noes ap- chusetts and New York and New Jersey It’s time for the United States to fig- peared to have it. ure out how to do this. We have this in- Mr. MARKEY. Mr. Chairman, I de- and Maryland and California, that we credible bonanza. Now they’re pro- mand a recorded vote. put additional safety requirements on posing to drill off the coastline of Mas- The Acting CHAIR. Pursuant to the books to ensure that a Romney ad- sachusetts, off New York, off southern clause 6 of rule XVIII, further pro- ministration or any other future ad- California to find more natural gas. ceedings on the amendment offered by ministration cannot simply roll back And what are they saying? Let’s export the gentleman from Massachusetts will the Interior Department reforms. it. Well, you’re going to export the be postponed. We don’t want a Louisiana mess off of the coast of Massachusetts, off of cheapest natural gas in the world. AMENDMENT NO. 5 OFFERED BY MR. MARKEY Do you know what T. Boone Pickens The Acting CHAIR. It is now in order the coast of southern California. We says about this? ‘‘If we do it, if we ex- to consider amendment No. 5 printed in want the safety reforms that the BP port natural gas, we’re truly going to part C of House Report 112–616. Spill Commission recommended be put go down as America’s dumbest genera- Mr. MARKEY. Mr. Chairman, I have in place so there is no recurrence. tion. It’s bad public policy to export an amendment made in order under the The Republicans are saying they natural gas.’’ rule. want to drill off of the coast of these States that don’t want the drilling. b 1810 The Acting CHAIR. The Clerk will designate the amendment. The least that they should do is build This is T. Boone Pickens. This is ED The text of the amendment is as fol- in the safety reforms. MARKEY. This is a coalition that spans lows: And just today, the Chemical Safety the entire spectrum of political Add at the end the following: Board released its report on the dis- thought, but we do agree on this one SEC. ll. SAFETY REQUIREMENTS. aster. The Chemical Safety Board thing. Why would we take our most The Secretary of the Interior shall require reached many of the same conclusions precious natural resource and sell it to that drilling operations conducted under as the BP Spill Commission. The gov- other countries, when it gives us a each lease issued under this Act meet re- ernment’s joint investigative team and massive competitive advantage? quirements for— the National Academy of Engineering So I’m going to reserve the balance (1) third-party certification of safety sys- said that this disaster was not inevi- of my time to conclude debate, but this tems related to well control, such as blowout table, that it was preventable. preventers; is a nonsensical policy. (2) performance of blowout preventers, in- This majority has said they wanted Mr. HASTINGS of Washington. Mr. cluding quantitative risk assessment stand- to wait until all the facts were in be- Chairman, I have no more requests for ards, subsea testing, and secondary activa- fore taking action on safety legisla- time, and I understand I have the right tion methods; tion. Well, the time has now come. We to close, so I will reserve my time. (3) independent third-party certification of now have two blue ribbon reports, each Mr. MARKEY. How much time is re- well casing and cementing programs and pro- reaching the same conclusions. It is maining on either side, Mr. Chairman? cedures; long past time for the Congress to take The Acting CHAIR. The gentleman (4) mandatory safety and environmental the lessons of the BP spill and turn has 15 seconds. management systems by operators on the outer Continental Shelf (as that term is used them into laws, so that we never have Mr. MARKEY. Fifteen seconds. in the Outer Continental Shelf Lands Act); a disaster like this again. We drill for natural gas off of our and I’m afraid of what the majority is beaches, our pristine beaches and we (5) procedures and technologies to be used contemplating here, which is author- find it, we take the risk, those States during drilling operations to minimize the izing the drilling off the coasts of the

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.089 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5178 CONGRESSIONAL RECORD — HOUSE July 24, 2012 East and the West in our country with- So I urge my colleagues to vote ‘‘no’’ cause there is increased oil production out building in the safety reforms. If on the amendment. in this country, it’s due to the actions ever there is a recipe for disaster, ruin- I reserve the balance of my time. of this administration. ing the fishing, ruining the tourism b 1820 Nothing, Mr. Chairman, could be fur- business for these States that don’t ther from the truth, because it takes a want the drilling in the first place be- Mr. MARKEY. May I ask the Chair to while to go through the process of leas- cause their economies are not based recapitulate the exact time that the ing and developing potential resources upon the same premise as the Lou- majority and minority still have re- before you drill, and even then you isiana and Texas economy, then this is maining for this debate? don’t know until you drill. 1 that recipe. This is what we’re voting The Acting CHAIR. There are 1 ⁄2 All of that process started prior to on here today. minutes for the gentleman from Massa- this administration’s taking office. It 1 I reserve the balance of my time. chusetts, and there are 2 ⁄2 minutes for happened in the Bush administration, Mr. HASTINGS of Washington. Mr. the gentleman from Washington. and as a matter of fact, it happened in Chairman, I rise to claim time in oppo- Mr. MARKEY. Does the gentleman the Clinton administration. That’s sition to the amendment. have any other speakers? where the increased production, in The Acting CHAIR. The gentleman is Mr. HASTINGS of Washington. If the large part, came from. Even that isn’t recognized for 5 minutes. gentleman is prepared to yield back, I entirely true, because the increased Mr. HASTINGS of Washington. I will do the same. production of American oil is really yield myself as much time as I may Mr. MARKEY. I am prepared to give coming from State and private lands, consume. my convincing concluding presentation not from Federal lands. In fact, over Mr. Chairman, let’s be very frank to the House floor. the last 2 years, Federal lands produc- about this. This amendment won’t in- Mr. HASTINGS of Washington. I am tion has been down under this adminis- crease safety, but it will add red tape the last speaker on my side, so you do tration. It is principally because of to the leasing process and open new what you have to do, and I will respond North Dakota and West Texas that we avenues for lawsuits to interfere with accordingly. are finding more production of Amer- the process of creating American en- Mr. MARKEY. I thank the gentleman ican energy. ergy and creating American jobs. very much. By the way, Mr. Chairman, I think The types of safety measures identi- I yield myself my remaining time. that’s good—but why should we ignore fied in the amendment are already in Again, just for the record, Repub- the potential resources that we have on place, and they are already enforce- licans can say this as much as they Federal lands and not allow that to able. On multiple occasions, the Obama want, but I have to repeat: produce our American energy? administration has testified that off- (1) When President Obama was sworn This amendment really does not help shore drilling operations are being con- in, 57 percent of our oil was imported. that process. All it does is add red tape ducted safely. Today, only 45 percent of our oil is im- to the process, so I urge a ‘‘no’’ vote on With this amendment, the minority ported—congratulations, President the amendment. continues to try to divert attention Obama—no matter how many times I yield back the balance of my time. away from the real issue of increasing the Republicans want to cover that The Acting CHAIR. The question is energy production, American energy over. on the amendment offered by the gen- (2) Seventy-five percent of all of the production, creating jobs, American tleman from Massachusetts (Mr. MAR- oil and gas reserves offshore have been jobs, lowering energy costs, and im- KEY). proving our national security, all doing made available by the Obama adminis- The question was taken; and the Act- that because, potentially, we lessen our tration for drilling. ing Chair announced that the noes ap- dependence on foreign oil. (3) We in the United States are at an peared to have it. So it seems that my friends on the 18-year high in drilling. Mr. MARKEY. Mr. Chairman, I de- Now, the Republicans have a problem other side of the aisle simply do not mand a recorded vote. with this because the 18-year high in want to face the fact that this bill says The Acting CHAIR. Pursuant to drilling, the reduction from 57 percent we can move forward with a robust and clause 6 of rule XVIII, further proof imports down to 45 percent of im- responsible program of oil and gas de- ceedings on the amendment offered by ports and the fact that 75 percent of all velopment, while, at the same time, en- the gentleman from Massachusetts will areas off the shores of our country are suring that increased safety measures be postponed. are undertaken. These are not, nor open for drilling run totally contrary AMENDMENT NO. 6 OFFERED BY MR. HOLT should they be mutually exclusive to everything that they believe—to ev- The Acting CHAIR. It is now in order goals. erything that they want America to Right now, we have two choices be- believe, it is better to be said—because to consider amendment No. 6 printed in fore us. Tomorrow, when we vote on if the American people actually be- part C of House Report 112–616. this, and the suspension that will be lieved the truth, which is that Obama Mr. HOLT. Mr. Chairman, I have an before us, we can choose to endorse the has reduced our imported oil from 57 amendment at the desk. President’s energy plan to hold 15 sales percent down to 45 percent, reduced our The Acting CHAIR. The Clerk will in five areas in the OCS, or we can sup- dependence upon imported oil and in- designate the amendment. port this bill before us, which will have creased our drilling to the highest The text of the amendment is as fol- nearly double, 29 sales, in over double point in 18 years, then their whole nar- lows: the areas, 11 areas. rative just goes right down the drain. Add at the end the following: Both options will ensure that the They have to keep getting up as SEC. ll. ELIGIBILITY FOR LEASES. drilling is done safely. Both options though Bush were the right guy, but he (a) LIMITATION ON ELIGIBILITY.— will ensure that our environment is did nothing. (1) IN GENERAL.—Beginning 1 year after the All we’re saying is, if you are so des- date of enactment of this Act, the Secretary protected. But only one option follows of the Interior shall not offer any lease pur- through on the promise made to the perate to actually license all of this suant to this Act to a person described in American people when the moratoria new drilling off of the beaches of our paragraph (2) unless the person has renegoti- was lifted. States, at least build in the safety pre- ated each covered lease with respect to The American people clearly want cautions, which is what the Markey which the person is a lessee, to modify the our Nation to harness our energy re- amendment calls for, which will pre- payment responsibilities of the person to resources. But the President’s energy vent another mess like the BP Horizon quire the payment of royalties if the price of plan takes 85 percent of the Outer Con- catastrophe in the Gulf of Mexico. oil and natural gas is greater than or equal tinental Shelf and makes it off-limits. I yield back the balance of my time. to the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the This amendment, I should add, has Mr. HASTINGS of Washington. I Outer Continental Shelf Lands Act (43 U.S.C. failed when it was offered on this floor yield myself the balance of the time. 1337(a)(3)(C)). last February, and it also failed when Okay. Let’s say it again: The gentle- (2) PERSONS DESCRIBED.—A person referred it was offered in committee last week. man’s remarks would imply that, be- to in paragraph (1) is a person that—

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.092 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5179 (A) is a lessee that— companies. Yes, it’s a giveaway. The nies pay, we shouldn’t continue to give (i) holds a covered lease on the date on Government Accountability Office them a free ride. which the Secretary considers the issuance projects that all this free drilling will If my colleagues on the other side are of the lease under this Act; or cost us as much as $53 billion over the serious about paying down the deficit (ii) was issued a covered lease before the and realistically financing necessary date of enactment of this Act, but trans- life of the leases. My amendment would ferred the covered lease to another person or recover these revenues that rightly be- investments in this Nation, then there entity (including a subsidiary or affiliate of long to the American people. is no excuse for not supporting this the lessee) after the date of enactment of I reserve the balance of my time. amendment to recover about $1 billion this Act; or Mr. HASTINGS of Washington. Mr. a year—actually, somewhat more than (B) any other person that has any direct or Chairman, I rise to claim time in oppo- that probably—that is rightfully owed indirect interest in, or that derives any ben- sition to this amendment. to the American people. efit from, a covered lease. The Acting CHAIR. The gentleman is b 1830 (b) DEFINITIONS.—In this section: recognized for 5 minutes. (1) COVERED LEASE.—The term ‘‘covered It’s time to end this taxpayer rip-off lease’’ means a lease for oil or gas produc- Mr. HASTINGS of Washington. I yield myself such time as I may con- once and for all. tion in the Gulf of Mexico that is— With that, I yield back the balance of sume. (A) in existence on the date of enactment my time. Mr. Chairman, this is yet another at- of this Act; Mr. HASTINGS of Washington. Mr. (B) issued by the Department of the Inte- tempt to legislate a decision that was Chairman, I yield myself the balance of rior under section 304 of the Outer Conti- made during the Clinton administra- the time. nental Shelf Deep Water Royalty Relief Act tion. The constant attempt to renego- (43 U.S.C. 1337 note; Public Law 104–58); and If the intent of this amendment, as tiate contracts that were signed, the gentleman says, is just to say that (C) not subject to limitations on royalty sealed, and delivered under the Clinton relief based on market price that are equal companies aren’t forced to, but could to or less than the price thresholds described administration is in violation of con- renegotiate their contracts, I would in clauses (v) through (vii) of section tract law. That should be very, very say they could do that right now. Any- 8(a)(3)(C) of the Outer Continental Shelf basic, it would seem to me, if, indeed, body that enters into a contract is Lands Act (43 U.S.C. 1337(a)(3)(C)). we are a Nation of laws. free—if both parties want to—to re- (2) LESSEE.—The term ‘‘lessee’’ includes The U.S. Supreme Court found that negotiate a contract. Nothing prevents any person or other entity that controls, is the Interior Department did not have them from doing so. But to have the controlled by, or is in or under common con- the authority to go back and insert trol with, a lessee. heavy hand of government say in the price thresholds on these leases. The future that ‘‘if you don’t do this,’’ I The Acting CHAIR. Pursuant to Department lost this issue in district House Resolution 738, the gentleman think is a step too darn far. I think court, in the appellate court, and they that that is really the wrong way to go. from New Jersey (Mr. HOLT) and a lost it in the Supreme Court. If this That’s the last thing that we need, is Member opposed each will control 5 amendment were to pass, the issue minutes. saying a condition of leasing or doing would most certainly be challenged in business with the government is that The Chair recognizes the gentleman court where, undoubtedly, the Depart- from New Jersey. you have to retroactively go back and ment would again lose after having change a contract. That would have a Mr. HOLT. If the majority Repub- spent taxpayer dollars to defend the in- licans continue to push their ‘‘oil chilling effect, Mr. Chairman. defensible. Again, I don’t know why the Clinton above all’’ agenda, then we House Ultimately, this amendment seeks to administration signed these contracts. Democrats will persist in our attempts force U.S. companies to break a con- Who knows? But to add this, where do to make offshore drilling safe—safe for tract negotiated under government you stop then? Where do you stop with the workers and safe for the environ- law. Now, some would say it’s a bad all of the Federal contracts that could ment—and to make sure that the contract. Maybe it was. I’m not going be not only in energy production, but American taxpayers are getting their to second-guess what the Clinton ad- anything else? This is a very bad fair share of return on the use of their ministration did—but, in fact, they amendment. It’s a very bad precedent, natural resources. signed that contract law. This amend- and I urge my colleagues to reject it. The Big Five oil companies made a ment has repeatedly failed on the With that, I yield back the balance of record profit of $137 billion last year. In House floor, and I hope it fails again. I my time. the first quarter of this year, they con- urge its opposition. The Acting CHAIR. The question is tinued to capitalize on the pain that I reserve the balance of my time. on the amendment offered by the gen- Americans feel at the pump, raking in Mr. HOLT. My amendment would tleman from New Jersey (Mr. HOLT). $368 million in profits per day. But did offer oil companies a choice. They The question was taken; and the Act- the Americans see increased profits could choose either to continue to ing Chair announced that the noes ap- from selling their oil as it was pumped produce royalty-free oil in the gulf and peared to have it. from public lands offshore? No. As a re- not get new leases or they could pay Mr. HOLT. Mr. Chairman, I demand a sult of a legal quirk in the 1995 law, oil their fair share and proceed with this recorded vote. companies are not paying any royalties willy-nilly drilling that would be al- The Acting CHAIR. Pursuant to to the American people on leases issued lowed under this law, under this legis- clause 6 of rule XVIII, further pro- between 1996 and 2000—none, zero. lation. My amendment does not break ceedings on the amendment offered by In recent years, the amount of free contracts. It simply would not force the gentleman from New Jersey will be oil these companies have been pumping companies to give up their leases. It postponed. has gone through the roof as more of would impose a condition on future AMENDMENT NO. 7 OFFERED BY MR. HASTINGS these faulty leases have gone into pro- leases. As the Congressional Research OF FLORIDA duction. In fact, right now, more than Service has stated: The Acting CHAIR. It is now in order 25 percent of all oil produced offshore As a general matter, the United to consider amendment No. 7 printed in on Federal lands is produced royalty- States has broad discretion in setting part C of House Report 112–616. free, and these oil companies are get- the qualifications of those with whom Mr. HASTINGS of Florida. Mr. Chair- ting a complete windfall on 25 percent it contracts. man, I have an amendment at the desk. of all the oil produced offshore in the These oil companies are the most The Acting CHAIR. The Clerk will United States. They don’t pay the profitable companies in the history of designate the amendment. American people one penny for their the world, yet they receive more than The text of the amendment is as fol- drilling regardless of their huge profits. $4 billion a year in taxpayer subsidies. lows: It’s just unjust. On top of that, they get to drill for free Add at the end the following: According to the Interior Depart- on all of these public lands. Because of SEC. ll. LEASES MUST REQUIRE ESTIMATIONS OF PRODUCTION AND EFFECT ON ment, American taxpayers stand to a quirk in the 1995 law, which came PRICES. lose about $9.5 billion over the next 10 about because that Republican Con- The Secretary of the Interior shall require years from this big giveaway to oil gress was not eager to make oil compa- under each lease issued under this Act that

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.036 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5180 CONGRESSIONAL RECORD — HOUSE July 24, 2012 each application for a permit to drill a well Federal policies should focus on these hope to yield to my good friend from includes detailed estimations of— kinds of demand-reducing improve- Washington for a question. Perhaps I (1) the amount of oil and gas that is ex- ments, not on increasing the land can get it in. pected— available for drilling. I make it very Do you dispute, Representative HAS- (A) to be found in the area where the well TINGS, that we now have 55 million is drilled, in the case of an exploration well; clear over and over again that I’ll be or the last person standing off the shores acres under lease, 70 percent of it is not (B) to be produced by the well, in the case of Florida if we continue down the path being utilized and, in the final anal- of a production well; and of wanting to drill in that area. ysis, that all of what we wanted to (2) the amount by which crude oil prices Mr. Chairman, with all this in mind, drill, that it would amount to more and consumer prices would be reduced as a my amendment requires applicants for than 2 percent of the world’s output? result of oil and gas found or produced by the drilling or exploration to explain in de- Mr. HASTINGS of Washington. Will well, and by when the reductions would tail to what extent and by when any oil the gentleman yield? occur. is found on the leased property will Mr. HASTINGS of Florida. I yield to The Acting CHAIR. Pursuant to that decrease the price of oil for the the gentleman from Washington. House Resolution 738, the gentleman American consumer. Mr. HASTINGS of Washington. I from Florida (Mr. HASTINGS) and a More drilling will put our businesses, thank the gentleman for yielding and Member opposed each will control 5 as well as our environment and our say that if you run out of time, I will minutes. health, at an increased risk. Since we claim the time. The Chair recognizes the gentleman know that there’s no correlation be- First, I do not deny that, except the from Florida. tween gas prices and U.S. drilling, this figures that you’re using aren’t quite Mr. HASTINGS of Florida. Mr. Chair- bill is really nothing more than a give- accurate; I will say that in the sense man, Republicans justify these irre- away, and I know my good friend from that the 2 percent you’re talking about sponsible bills by claiming that more Washington will say that it is not. He is known reserves. drilling will help reduce the cost of perceives it as not a giveaway. I do. I The Acting CHAIR. The time of the gasoline and fuel for the average Amer- think that it’s nothing more than a gentleman from Florida has expired. ican. Yet opening up even more of our giveaway to the oil and gas companies. b 1840 country’s shores to drilling will do lit- My goodness, gracious, have we not Mr. HASTINGS of Washington. I tle to help Americans at the gas pump. given them enough? yield myself the balance of my time. In reality, the United States is already With that, I reserve the balance of The 2 percent figure that you are producing more oil per day than it ever my time. using is the known reserves. The poten- has. There are more drilling rigs in the ANNOUNCEMENT BY THE ACTING CHAIR tial resources that we have are much, United States than the rest of the The Acting CHAIR. The Chair will re- much greater than that. And really, world combined. mind all persons in the gallery that when you are looking at potential fu- The drilling plan issued by President they are here as guests of the House ture energy production in this country, Obama that this bill amends already and any manifestation of approval or you look at the potential resources, makes three-quarters of our offshore disapproval of proceedings or other au- not the known reserves. There’s a big, oil and gas resources open to drilling. dible conversation is in violation of the big difference. Two percent is reserve. Yet 70 percent of the offshore areas House rules. So I will acknowledge that while we that are leased are currently not even Mr. HASTINGS of Washington. Mr. have 2 percent right now, our potential active. That’s 55 million acres under Chairman, I rise to claim time in oppo- resources are much, much larger. lease not active. sition to the amendment. And I will yield to the gentleman. The price of oil and gas is set on a The Acting CHAIR. The gentleman is Mr. HASTINGS of Florida. I thank global level, primarily by the Organiza- recognized for 5 minutes. the gentleman. But in the Gulf of Mex- tion of Petroleum Exporting Countries, Mr. HASTINGS of Washington. In ico, which holds the largest volume of OPEC. At maximum output, the United deference to my good friend from Flor- undiscovered technically recoverable States holds only 2 percent of the ida, I really believe that this is a polit- resources, 32 million acres are under world’s oil reserves, not nearly enough ical amendment that would simply release. However, only approximately 10 to significantly impact the price per quire companies seeking to drill off- million acres have approved explo- barrel, which is set on a global scale. shore to estimate the impact that in- ration or development plans, and only According to the Energy Information creased oil and gas production would 6.4 million of these acres are in produc- Agency, even tripling our current off- have on gasoline prices. This bill is tion. Leased areas in the Gulf of Mex- shore drilling capabilities by the year about increasing American domestic ico that are not producing or are not 2030 would lower gasoline prices only 5 energy production. It’s about reducing subject to pending or approved explo- cents per gallon more than if we con- our dependence on foreign oil. It’s ration and development plan are esti- tinued at our current levels. about creating American jobs and cre- mated to contain 17.9 billion barrels of Gas prices are set on the world mar- ating American energy. UTRR oil and 49.7 trillion cubic feet. ket on the basis of many geopolitical Simply put, requiring producers to So I will make the argument again to factors. For example, when the world estimate the impact that each and my dear friend that if we’re talking thought Israel might attack Iran in every well has on global markets is about doing everything that you called February, gas prices went up 10 percent nothing more than a bureaucratic pa- for—and I know it’s most sincerely—if in 2 months to reach a 9-month high perwork nightmare that would be put we do that, we are not talking about over fear that fuel supply lines would on those that would want to go and reducing the price of gas but by a nick- be disrupted. Though production in our drill offshore and a delaying tactic by el. So show me the plan to get us to en- country has actually increased every those that are opposed to offshore de- ergy independence by drilling. year since 2005, crude oil hit a record velopment. I don’t think this is a good Mr. HASTINGS of Washington. Re- $147 per barrel over the same time pe- amendment. As I said in deference to claiming my time, what the gentleman riod, demonstrating that there is little my good friend from Florida, I really is talking about is lease sales. Some- correlation between drilling levels in believe that this is a political amend- body has made an investment. They do the United States and the price of oil. ment. not know if that area has any oil or What drives the price of oil more With that, I urge rejection of the natural gas. They don’t know. They than any other factor is the large non- amendment, and I reserve the balance will go through all the studies. They’ll stop worldwide demand for oil. The of my time. spend millions, and sometimes billions, only way we can reduce gasoline prices Mr. HASTINGS of Florida. Mr. Chair, of dollars finding out if there is some- is to reduce our country’s dispropor- do I have any time remaining? thing there. Then, if they think there tionate demand for fossil fuels by in- The Acting CHAIR. The gentleman is, they will drill, costing that much creasing our energy efficiency, improv- from Florida has 30 seconds remaining. more. ing the fuel mileage of our cars, and de- Mr. HASTINGS of Florida. Mr. Chair, Now, I might add, with these lease veloping renewable energy resources. I am going to use my 30 seconds as I sales, there is a set time. The Federal

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.033 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5181 Government gets money from these from Florida (Mr. HASTINGS) and a The Acting CHAIR. The gentleman is lease sales. Why would somebody give Member opposed each will control 5 recognized for 5 minutes. the money to the Federal Government minutes. Mr. HASTINGS of Washington. Mr. if they didn’t think there was some- The Chair recognizes the gentleman Chairman, I yield myself such time as thing there? And, by the way, many from Florida. I may consume. times these leases come up empty and Mr. HASTINGS of Florida. I yield In many respects, Mr. Chairman, we the company walks away and the only myself such time as I may consume. just had this debate. And again, with revenue goes to the Federal Govern- Mr. Chairman, I do want to say, in deference to my good friend from Flor- ment. the last exchange that I had with my ida, I think this is another political But let me speak to one other area of good friend, that I deeply appreciate amendment because what it will do is the amendment, because what the gen- his yielding some of his time to me, require companies seeking to drill off- tleman is really saying with this and I’m glad that he didn’t compare ap- shore to estimate the potential impact amendment is he is asking somebody ples to oranges. I thought that’s what produced by oil and natural gas produc- he was going to do, but he went down that produces a crude product to esti- tion, what impact that would have on the applesauce route. mate the price of a finished product. climate change. Not only that, you That’s like telling an apple grower in Mr. Chairman, my Republican colleagues continue, in my opinion, to would have to do it on a well-by-well my part of the country that, if he or basis. she is to sell apples overseas, what’s cling to an antiquated 19th century energy policy while the rest of the world Mr. Chairman, in all honesty, some the price of applesauce going to be sort of requirement like that would down the line? Now, it doesn’t make has moved into the 21st century. Just because the majority Members of Con- simply dry up anybody wanting to drill any sense to do that. Now, whether the offshore or utilize our resources off- gentleman purposely did that or not, I gress refuse to acknowledge that human activity contributes to climate shore. Now, if that’s what the gen- don’t know. But in any case, I don’t be- tleman wants, then okay, that’s a good lieve that the amendment ought to be change does not make it true. Climate change is not an abstract or difficult concession; but, if not, it simply does adopted for other reasons, but cer- scientific principle to grasp. The ef- not make any sense. tainly for that one. fects are all around us. Our country is But from a practical standpoint—and With that, Mr. Chairman, I urge a I think this is very important, Mr. ‘‘no’’ vote on the amendment, and I currently experiencing its worst drought since the Dust Bowl in the Chairman—if the issue—and there is yield back the balance of my time. some debate about this, no question. The Acting CHAIR. The question is year of my birth, 1936. But if the issue of producing oil and on the amendment offered by the gen- Just last week, sudden violent storms rocked the east coast—they natural gas will affect the climate, and tleman from Florida (Mr. HASTINGS). The question was taken; and the Act- were referred to as microbursts— we, as a country, probably have the ing Chair announced that the noes ap- knocking out power for thousands and most stringent environmental laws on peared to have it. killing a number of people. Further- our air quality and water quality, why Mr. HASTINGS of Florida. Mr. Chair- more, record heat waves are having se- would we put this extra burden on us man, I demand a recorded vote. rious repercussions on crop yields. when it wouldn’t happen in other parts The Acting CHAIR. Pursuant to We must pursue responsible, sustain- of the world? clause 6 of rule XVIII, further pro- able energy policies both for the legacy But the net effect of this, if it were ceedings on the amendment offered by that we will leave our children and also to become law, would be to drive every- the gentleman from Florida will be to make certain the United States is at body from America. postponed. the forefront of an emerging green So the net effect, if the issue—now, if economy. the issue is really to protect the envi- AMENDMENT NO. 8 OFFERED BY MR. HASTINGS My amendment will not let oil com- OF FLORIDA ronment and protect the air, why panies shield themselves in ignorance The Acting CHAIR. It is now in order would you drive it to areas that have any longer. It requires in each permit to consider amendment No. 8 printed in less stringent environmental laws? Yet application an analysis and estimate of part C of House Report 112–616. that would be the practical effect if Mr. HASTINGS of Florida. Mr. Chair- the impact on global climate change of this amendment were to become law. man, I have an amendment at the desk. the consumption of the fossil fuels dis- Like I said, we’ve been over this be- The Acting CHAIR. The Clerk will covered. fore. It puts extraordinary burdens on While the oil and gas found under designate the amendment. individual wells and individual pro- each individual lease may not have a The text of the amendment is as fol- ducers. And as I mentioned, in def- lows: huge impact, there is no question that the aggregate fossil fuel consumption erence to my friend, I think it is a po- Add at the end the following: contributes to global climate change. litical amendment. SEC. ll. LEASES MUST REQUIRE ESTIMATIONS I urge rejection, and I reserve the OF PRODUCTION AND RESULTING I urge my colleagues to support this CLIMATE CHANGE. amendment in order to force my balance of my time. (a) IN GENERAL.—The Secretary of the In- friends, the House Republicans, and big b 1850 terior shall require under each lease issued oil companies to acknowledge the re- Mr. HASTINGS of Florida. Mr. Chair- under this Act that each application for a ality that the international commu- man, in the words of the celebrated permit to drill a well includes detailed esti- nity is preparing for. mations of— Interestingly, Mr. Chairman, when I movie that these words came from, I’m (1) the amount of oil and gas that is ex- was president of the Organization for shocked, just shocked that this is a po- pected— litical amendment. And I’m equally (A) to be found in the area where the well Security and Cooperation in Europe’s Parliamentary Assembly—its head- shocked that this bill is political. This is drilled, in the case of an exploration well; is the 143rd time that we’re talking or quarters is in Denmark—I went to Den- (B) to be produced by the well, in the case mark during that 2-year period of time, about oil drilling. And somewhere of a production well; and close to 30 times over the course of the along the line, I’m lost. I thought poli- (2) climate change that will result from years that I’ve been here. When I fly tics was what we do. That’s what I do. consumption of oil and gas found pursuant to into Denmark, just coming from the That’s what people sent me here to do. the lease. side of Sweden, I see the windmills tilt- That’s what you do, my good friend, is (b) CLIMATE CHANGE DEFINED.—In this sec- ing that have been tilting for 16 years. politics. That’s what it’s about. tion the term ‘‘climate change’’ means The difference is where we separate change of climate that is attributed directly And Denmark’s city, Copenhagen, is or indirectly to human activity that alters the beneficiary of much of that produc- ourselves is whether we’re talking the composition of the global atmosphere tion. They’re headed toward the future. about the politics of the future, where and that is in addition to natural climate We’re living in the past. there are opportunities for us to do the variability observed over comparable time I reserve the balance of my time. things to bring us to energy independ- periods. Mr. HASTINGS of Washington. Mr. ence, or whether or not we are going to The Acting CHAIR. Pursuant to Chairman, I rise to claim time in oppo- cling to fossil fuels until we just can’t House Resolution 738, the gentleman sition to the amendment. find any place else to drill.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.099 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5182 CONGRESSIONAL RECORD — HOUSE July 24, 2012 My major opposition to oil drilling ergy development, job creation, and in- legislation, albeit different than what offshore has been demonstrably shown creased domestic energy production to we have. And then, of course, we have when the Deep Horizon accident oc- ensure a more secure energy future in a mechanism to work out the dif- curred. There have been other acci- the United States, and for other pur- ference. But in many respects, Mr. dents. You want to drill in the tundra; poses, had come to no resolution there- Speaker, not even that has happened. there have been accidents where oil on. In other words, they haven’t passed was spilled in that area. And daily in f legislation where they may have a dis- Ft. Lauderdale, I see ships sitting off- agreement with us that we can work HOUSE PLANS VOTE ON shore, and I find that occasionally tar out the differences. So that leads to a PRESIDENT’S ENERGY PLAN and things that come from them wind lot of frustration, obviously, on our up on the beaches. The SPEAKER pro tempore. Under side of the rotunda; but we feel it is im- We make $60 billion a year in Florida the Speaker’s announced policy of Jan- portant as the Republican majority to on those resources. I heard you earlier, uary 5, 2011, the gentleman from Wash- continue to make the case in what we my colleague, argue about North Da- ington (Mr. HASTINGS) is recognized for believe in. kota. I don’t want to be in North Da- 60 minutes as the designee of the ma- I might mention also that the House kota in the wintertime, and I’m glad if jority leader. is controlled in the majority by the Re- they are about their business doing Mr. HASTINGS of Washington. Mr. publicans; and, of course, the Demo- what they want to do; but I know a lot Speaker, we have had an extensive de- crats control the Senate. So there is a of North Dakota people, when they fin- bate today on the floor centered difference. So that’s why we continue around American energy and American ish with the drilling up there, are going to send legislation over to the Senate, jobs. It is interesting in how this dis- to come to Florida for our beaches, and and we hold out hope that maybe one cussion has unfolded over time. Many that’s what I’m about trying to pre- time they will take up legislation, times we on this side of the aisle are serve. maybe on the same issue, and we can accused of repeating over and over and I yield back the balance of my time. go to conference and work out what- over different issues, and I suppose to a Mr. HASTINGS of Washington. Mr. ever differences. So that’s why we con- certain extent that is true. But one of Chairman, I yield myself the balance of tinue to bring this legislation to the the reasons why this effort is done on a my time. floor. I look forward to a time when regular basis is because the genius of Well, I, too, am shocked; but I’m glad the Senate will, in fact, act. our Founding Fathers was such that we got that out of the way. Mr. Chair- Now, let me talk then about this they created a government where there man, as I mentioned, this bill is a bill piece of legislation that we had on the was a division of powers, and we all that addresses American energy and floor today and why it was brought to American jobs and, therefore, has a know that, the three branches of government. But the genius of our Found- the floor and how the process is going positive effect—potential positive ef- ing Fathers was even greater than that to unfold tomorrow. As I mentioned in fect—on our economy. my opening remarks on debate, the This amendment adds nothing to in the fact that they created the legislative branch, and they divided that President, any President, by the way, that. As a matter of fact, I think it’s power. They divided that power be- is required to submit a 5-year energy an impediment to this bill becoming tween the House and the Senate. plan on the Outer Continental Shelf, law if it were to be adopted. And if I What that simply means, Mr. Speak- the OCS, and submit it for a 60-day re- could think of some sorts of things to er, is that before any legislation can view by Congress. say regarding oranges, I would say it; pass, any law that’s put on anybody in b 1900 but I’m totally at a loss. So I will sim- this country has to pass both Houses of That clock started ticking in June ply say that this amendment does not the Congress. Now, I recognize I’m a deserve support, I urge its rejection, last. So we felt it was important be- Member of the people’s House. There cause I, for one, and a number of my and I yield back the balance of my has been no Member of this House in colleagues on the House Natural Re- time. the history of our country that was not sources Committee, in fact, throughout The Acting CHAIR. The question is elected to this House. on the amendment offered by the gen- On the other hand, the Senate is a this Congress, felt that the President’s tleman from Florida (Mr. HASTINGS). different body, as we well know. The plan was inadequate and that there The question was taken; and the Act- Senate is made up of only two Members ought to be an alternative to that plan. ing Chair announced that the noes ap- from each of the States regardless of Thus, we had a markup several weeks peared to have it. population. Because we come from dif- ago on the plan that we had before us Mr. HASTINGS of Florida. Mr. Chair- ferent constituencies, one a smaller today. We are debating it tonight now. man, I demand a recorded vote. constituency within a State, another We’ve gone through the debate, we’ve The Acting CHAIR. Pursuant to from a whole State like the Senate is, had the amendment process, and we clause 6 of rule XVIII, further pro- you are bound to have different ideas will vote on this bill tomorrow. ceedings on the amendment offered by as you approach legislation. But again, But what is missing in all of this the gentleman from Florida will be the genius of our Founding Fathers equation was simply that there is no postponed. was to say, okay, before anything can effort to defend the President’s plan. Mr. HASTINGS of Washington. Mr. become law, both Houses have to act As a matter of fact, in the debate that Chairman, I move that the Committee on that legislation, and it has to pass I had heard from the other side, rarely do now rise. both the House and the Senate without did I hear anybody say that the Presi- The motion was agreed to. a comma being different. Therein, of dent’s energy plan was a good plan. So, Accordingly, the Committee rose; course, lies the challenge. tomorrow, there will be on suspension and the Speaker pro tempore (Mr. So we have been accused here many legislation that I reluctantly will offer HANNA) having assumed the chair, Mr. times of passing the same type of legis- that is essentially the President’s en- MARCHANT, Acting Chair of the Com- lation, at least on the same issue, and ergy plan. We’ll have a vote, and to- mittee of the Whole House on the state passing it over to the other body. But morrow the House will have an oppor- of the Union, reported that that Com- what we have found, unfortunately, in tunity to say ‘‘yes’’ to this job-creating mittee, having had under consideration this Congress is that the other body bill that we had on the floor today or the bill (H.R. 6082) to officially replace, has simply not acted on a lot of pieces the President’s plan. There will be a within the 60-day Congressional review of legislation. Now, I’m not saying distinct choice that Members of this period under the Outer Continental they should pick up, although it would body will have an opportunity to vote Shelf Lands Act, President Obama’s be nice if they took everything that we on. Proposed Final Outer Continental passed and say it is a wonderful idea, I certainly hope that they’ll support Shelf Oil & Gas Leasing Program (2012– pass it over there, and send it to the this job-creating plan, American-en- 2017) with a congressional plan that President. Well, they don’t do that. ergy-creating plan that we debated will conduct additional oil and natural But one of the functions that they today, and I hope that they will reject gas lease sales to promote offshore en- could do and they haven’t done is pass President Obama’s plan.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.102 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5183 With that, Mr. Speaker, I yield back Medicaid is consuming an ever larger discussion as we go along, and I thank the balance of my time. portion of State budgets. you for all the work you do on this f Now, there are many examples of the very important subject. importance of this, but as Medicaid is The American public has much to be GOP DOCTORS CAUCUS costing more and more, State dollars concerned about with regard to the The SPEAKER pro tempore. Under for other programs are less and less. massive 2010 health law, and this was, the Speaker’s announced policy of Jan- Senator Lamar Alexandria from Ten- of course, passed on a party line basis, uary 5, 2011, the gentleman from Lou- nessee said that the reason that tuition unfortunately. I and Dr. HARRIS are isiana (Mr. CASSIDY) is recognized for is increasing at universities in Ten- two of the representatives who were 55 minutes as the designee of the ma- nessee is because there is less public elected in part in response to the jority leader. support. More tax dollars are going to public’s grave concerns about this act. Mr. CASSIDY. Mr. Speaker, an issue Medicaid, and so therefore, to make up And if I can direct everyone’s attention tonight that is much more important the budget for the universities in Ten- to the chart that Dr. CASSIDY has re- to the American people than many re- nessee, they have to increase tuition. vealed next to him, you can see what is alize is Medicaid. Now, for folks who One example of this, as well, for K–12 projected to happen in terms of Med- don’t understand this, and you really is that for the first time beginning icaid spending alone as the years go by had no need to until this health care around 2009, States spent more of their and, of course, under the terms of the debate began, but, if you will, there are income upon Medicaid than on edu- Affordable Care Act, it is like putting three types of coverage for folks who cation. And so this is a chart from the gasoline on a fire, unfortunately. have insurance. One is Medicare. Medi- National Association of State Budget b 1910 care is the program for folks who are Officers, and it shows how total State typically 65 and above. It is the pro- spending on Medicaid now surpasses K– Mr. CASSIDY. Will the gentlelady gram that all of us pay into, having a 12 education, and K–12 is kindergarten yield? certain amount deducted from our pay- to 12th grade. So this is primary and Ms. HAYWORTH. Yes, absolutely. check, and it goes into this account. secondary education. In this blue line Mr. CASSIDY. Federal and State The second is private insurance. Ninety you see funding for education, and you Medicaid spending in billions of 2010 percent of Americans have their pri- can see the percent of total State ex- dollars by 2009. It’s down here, the vate insurance policy through their penditures devoted to, in this case, year. So 1993, 2009, going out to 2081. employer. And then the last group is education. And so here is about $400 billion. This Medicaid. So in 2008 it peaked at around 22 per- is combined Federal and State spend- Now Medicaid is a program designed cent, and now in 2011, it has decreased ing. By 2017, this rises to $750 billion. to support those of lower income as down to roughly 20 percent. Here you By 2025—obviously within our life- well as those who are elderly and, can see that in 2008, Medicaid expendi- time—that will rise close to $1 trillion. again, of lower income and long-term tures were about 20.7 percent of the And projections are by 2081, it will be care—think nursing homes. And lastly, State budget, and they are rapidly ris- over $4.5 trillion. it supports the blind and disabled. The ing. They are now up to almost 24 per- Ms. HAYWORTH. I’m going to imag- financing in Medicaid comes from your cent. ine, Dr. CASSIDY, that this chart does tax dollars, but it can be your tax dol- We are now spending more money not take into account—because it lars either funneled through the Fed- providing Medicaid services for those could be, indeed, very difficult to do so, eral Government paying a portion to who are eligible than we are educating but it has to enter the public mind the State, which is matched by what is our children. Now, it isn’t as if this is when we think about these things. The called the State match, which is from something that is temporary, related enormous cost on the American public the State itself. to the recession; this is actually ex- of the well-intentioned, but poorly de- So Medicaid is a program for lower pected to continue to worsen. So Med- signed, 2010 health law will make our income which receives about, on aver- icaid, again the program that both the economy weaker. So it’s fair to antici- age, 57 percent of the money that goes Federal and State Governments—which pate that there will be a further impe- towards it from the Federal Govern- means both taxpayers paying to the tus to acceleration of Medicaid spend- ment and 43 percent on average from State and taxpayers paying to the Fed- ing merely because of the imposition of the State government. The State ad- eral Government—finance, is growing that $2 trillion or more of Washington- ministers the program to take care of, so rapidly that it is cannibalizing the generated cost due to the terms of the again, low income for acute medical rest of the State budget. Affordable Care Act. services, long-term care, think nursing An example of this is that expendi- So this is an issue that concerns homes for the elderly, and then the tures for primary and secondary edu- every one of us, not only people who blind and disabled. Tonight’s discus- cation now for the first time in history are truly in need and unable to sustain sion will be about Medicaid. are lower than those expenditures for a job or their health care—and we’ve Now, the importance of Medicaid is Medicaid. And this is expected to wors- all met these fellow citizens. I have in that 16 percent of the health care dol- en. my own district, the Hudson Valley of lar in the United States goes towards So if you will, we have this program New York. These are people like the Medicaid. So almost a little bit over which is important. It’s a safety net folks I met at Park, which is a center one-eighth of the money our country program. But under its current con- that provides for people who are se- spends is on this combined Federal- struction, it’s costing more and more. verely disabled by developmental dis- State program that provides health in- Now I’m joined by a couple of my col- abilities, such as autism, but not only surance, if you will, for the poor. leagues, and I will first go to Dr. NAN autism. These are good people who, no Additionally, Medicaid is important HAYWORTH, who is an ophthalmol- matter how robust the economy is, will because right now Medicaid is con- ogist—she held up a note earlier that not be able to afford the kind of care suming an ever larger portion of both my eyes are not good enough to read— that they need. And those are the peo- the Federal Government’s budget as an ophthalmologist from New York, ple in particular who Medicaid was ini- well as the State government’s budget. and she can discuss how President tially intended to help. One example of this: the Simpson- Obama’s health care plan expands Med- Mr. CASSIDY. Will the gentlelady Bowles bipartisan debt commission, icaid, a program which is rapidly ex- yield? which President Obama appointed to panding in cost but nonetheless will be Ms. HAYWORTH. Yes, sir, abso- help give guidance as to how our coun- further expanded in terms of those who lutely. try could get out of our indebtedness, benefit. Mr. CASSIDY. So just to emphasize, pinpointed Medicaid as one of the driv- Ms. HAYWORTH. I thank our col- Medicaid is an important safety net ers of our national debt. So first, we league, Dr. CASSIDY, and I understand program for those folks without means. know that on a national level, Med- that your time may be slightly limited It was traditionally designed to take icaid has been pinpointed as a driver of this evening, Doctor, so Dr. HARRIS and care of the blind and the disabled, the our national debt. On a State level, I will be more than happy to lead this elderly and long-term care, and then

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.104 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5184 CONGRESSIONAL RECORD — HOUSE July 24, 2012 oftentimes focused upon pregnant Mr. CASSIDY. I think the point The gentleman showed a slide that women and upon children. So the im- being made is that not only will the showed a 3 percent increase in the portance of making sure the program is safety net become tattered in and of cost—an average of 3 percent in the sound is that we continue to care for itself, but, rather, even though tat- States’ budgets—the cost of Medicaid these people. tered, it will destroy our ability to fi- over the past only 3 years before the Ms. HAYWORTH. Precisely. So we nance these other governmental func- President’s health care bill kicks in. need to be able to provide for the peo- tions. Well, as the President may know, 3 per- ple who are most in need. That is a rea- Mr. HARRIS. The gentleman is cor- cent doesn’t sound like much, but in sonable role for government in a great rect. Every single program that we Maryland that’s a $1 billion increase. Nation. But what we don’t want to do, have, whether it’s the elderly with That’s an increase we can’t afford. what we want to avoid is creating eco- health care, the elderly with Social Se- That’s an increase that means that nomic hardship that will push more curity, whether it’s food stamps, property or income taxes would have to Americans into this category. We see whether it’s unemployment insurance, go up, further strangling our economy. that phenomenon happening across our whether it’s to do the things this gov- As the gentleman fully recognizes, economy as we speak, and it’s one of ernment has to do, like pay the inter- this is why the President’s policy with the reasons why so many States have est on an ever-growing debt, whether regard to Medicare and the Affordable said, we cannot possibly afford to exit’s Pell Grants, whether it’s K–12 edu- Care Act is poorly thought out, is pand our Medicaid programs. cation, which your last slide showed, going to bankrupt the Nation, and real- Indeed, Dr. CASSIDY, you, being the every single program that we have is ly ought to be repealed and rethought. good teacher that you are, provided me threatened by this one single program, b 1920 with an example from the State of Con- a program that the President’s Afford- necticut, with their recent experience able Care Act ballooned out of control. Mr. CASSIDY. Now, if the gentleman in opening up their Medicaid program Mr. CASSIDY. Reclaiming my time, will yield, I’ll go to Dr. DESJARLAIS and opening up the enrollment because if you could elaborate. We know that who joined us, who although he has a they had such a dramatic increase—I under the President’s health care pro- French last name and you would think think it was something like 70 percent posal, Medicaid—a program which he is from Louisiana is actually from increase in the number of enrollees— right now is driving Federal indebted- Tennessee. that the State actually couldn’t handle ness and which is threatening to bank- Now, Dr. DESJARLAIS, obviously, to that increase in any way readily. So rupt States, despite that was greatly you and me, but perhaps not to those their services to all of their Medicaid expanded under the President’s health who are listening, Tennessee experi- recipients, unfortunately, of necessity, care proposal to include people up to mented with using Medicaid as a safety 133 percent of Federal poverty level. So were compromised. net program back in the nineties and, Mr. CASSIDY. If the gentlelady will I’ll yield back to the gentleman if he if you will, extended it to many others. will just comment if this is what he is yield, I’d like to bring in Dr. HARRIS, If I can yield to you, please, could you who is an anesthesiologist from Mary- referring to regarding expansion, and if please comment as to the results of so, any further thoughts he has. land, the Eastern Shore. that. Mr. HARRIS. The gentleman is abso- You just mentioned how Medicaid, as Mr. DESJARLAIS. I thank the gen- lutely right. What we have done is we it attempts to expand and be all things tleman for yielding. have once again made promises to peo- to all people, becomes stressed and in And you’re absolutely right. I moved ple we know we can’t keep. We know that stress becomes less capable of to start my practice in Tennessee in because that graph—and I’ll yield to being anything to anybody. the fall of ’93, and our program, the gentleman to answer the ques- Ms. HAYWORTH. Exactly. TennCare, was implemented somewhat tion—that’s from the Congressional Mr. CASSIDY. So the concern regard- as an experiment in ’94, January ’94. So Budget Office. That’s a non-partisan ing a program which becomes, again, I witnessed it from its inception group that objectively looks at the ef- too stretched, too unfocused is that it through what I would call its contin- fect of Federal laws and policies and becomes ineffective at its original mis- uous failure. projects the anticipated costs. Is that sion. The program continued to grow and correct? expand, continued, as I think you ref- Dr. HARRIS, I can leave this one or go Mr. CASSIDY. That is correct. to the next one. Mr. HARRIS. So what we have here is erenced earlier, as substantiated by Mr. HARRIS. If the gentleman from we have a third party looking at what’s Senator LAMAR ALEXANDER, has Louisiana will just leave that one up so going on and saying the emperor has drained our State’s educational re- the American public that is watching no clothes; that, in fact, if we continue sources. And it got so bad that, in 2007, just understands because a picture says the current policy with Medicaid— Governor Bredesen actually had to re- a thousand words. which, as the gentleman well knows, move about 270,000 people from the pro- That picture is the growth of Med- roughly doubles the number of people gram just to keep the State from going icaid for the next generation. My son is eligible for the safety net program bankrupt. 12 now. When he reaches age 65, he’ll be under the Affordable Care Act—we will So clearly, it was an example of how at the right-hand side of that graph. not only bankrupt the Medicaid pro- the program and the system does not And although none of us like to think gram, future generations will no longer work and did not work. And that’s of it, we all remember when we were 12, have the ability to be confident that maybe a glimpse of what we can expect we never thought we would retire, but Social Security will be there when they to see moving forward with the Presi- here we are nearing retirement age. So retire, that Medicare will be there dent’s health care law. So it failed to it’s not that far off in the future. when they retire. accomplish its objectives, and just as If I read that graph correctly, our The ratings agencies, whether it’s we would have suspected, the costs current entire budget, in 2010 dollars, is Moody’s, Standard and Poor’s, all the grew exponentially. And so we have a $3.5 trillion—our entire Federal budget, various rating agencies will look at us great example in Tennessee of how the paying for everything. That graph indi- and say: you don’t have the ability to system does not work. So clearly, we cates that by the time my child pay the interest back on your debt. need alternative reforms. reaches retirement age, every penny of We know when that bill was passed, I would be happy to yield to the gen- that budget would be taken up by Med- we know what happened. We know the tleman from Georgia, Dr. BROUN. icaid, every penny—not a single penny cornhusker kickback. We know what Mr. BROUN of Georgia. Thank you, for Medicare; not a single penny left went on—the buying and selling of Dr. DESJARLAIS. I appreciate your over for Social Security; not a single votes at the expense of future genera- yielding. penny left over for interest on a debt tions and the ability of the Federal In fact, Medicaid is going to destroy that is now $16 trillion and growing; Government to keep their promises to the Federal budget and create a total not a single penny left for defense; not future generations—the promises of economic collapse of America if we a single penny left for Pell Grants; not Medicare, Medicaid, again, Pell Grants, don’t change it from the present sys- a single penny left for anything. K–12 education. tem. That’s before ObamaCare even

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.106 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5185 takes place and markedly expands the going broke. And you add that, with Mrs. LUMMIS. I thank the gen- States having to cover many more peo- the State Health Flexibility Act, it tleman for inviting me to participate, ple, as my good friend from Maryland, covers everybody. although a non-physician, the only Dr. HARRIS, was just explaining. We have solutions, but HARRY REID is non-physician here. But there are alternatives. Hopefully, an obstructionist. He’s acting as a pup- I thank Dr. HARRIS, and I want to we can repeal ObamaCare and replace pet for this President, and they throw thank Dr. CASSIDY. I have seen Dr. CAS- it with something that makes sense. in the trash can every bill we send over SIDY in the cloakroom talking on the But there is a solution today. And, in there. phone, pro bono, to patients that he fact, the Republican Study Committee, We’ve got to create jobs. We’ve got to used to serve in Louisiana, and I have several us in the Republican Study create a stronger economy. We have so- seen other members of our Doctors Committee—JIM JORDAN, our chair- lutions to the health care problem. Caucus do the same thing. man, TODD ROKITA, TIM HUELSKAMP, All of us are physicians. All of us are These are people who care about and I—introduced the State Health physicians out here that are talking their patients. And even though Flexibility Act, which would freeze tonight. We’ve just been joined by one they’re here, working for the people of Medicaid spending at the current level nonphysician, but she’s been a strong the United States and their district, and will block grant those funds to the supporter of the Doctors Caucus, and and not compensated financially, they States with no strings attached. Not we’ve seen her here many times, Mrs. are still here caring about their pa- only for Medicaid, but also for the LUMMIS from Wyoming. tients, working without compensation, State Child Health Insurance Program. But we have solutions. The American pro bono, to help people that they used And what the States would do is utilize people need to understand, Republicans to serve, to make sure their lives are those funds in any manner that they have solutions, and we need to have the better and their health care is better. ability to pass those solutions into law want to. If they want to do drug test- b 1930 ing on Medicaid or SCHIP recipients, so that we can have policy that’s not they can. They can organize the pro- going to break the bank. We’re going So I want to compliment the physi- gram any way they want to, which is into an economic collapse of America if cians in this conference who have made going to be the solution because it we don’t stop this inanity. such a difference to my life and to freezes spending at current levels. Mr. CASSIDY. I thank the gen- other people’s health care lives, and I Mr. CASSIDY. If the gentleman will tleman. want to thank them for serving in Con- yield. One thing I am struck by—and I’d gress. They make a huge difference in Mr. BROUN of Georgia. Absolutely. like to bring Mrs. LUMMIS in—often- the dialogue, the debate, the nurturing, Mr. CASSIDY. I’ll say, just out of times it is, when folks say, Wait a sec- the care, the tenderness, and in what pride of authorship, there’s another al- ond, it’s Medicaid and the government we all experience because of their ternative, a Republican Medicaid pro- will pay for it, or the State should en- training and because of their love of posal, one that I and others are spon- roll because the Federal Government is the people of this country and the man- soring, and it does, if you will, similar going to pay so much more, and there’s ner in which they serve their patients. to the block grant, it readjusts as your a sense that it is the government that Mr. Speaker, I was the State treas- population changes. is paying for it but not the taxpayer. urer of my State. I have seen Medicaid I’m from Louisiana. When Hurricane Now, what we know is the government and other programs soak up the com- Katrina hit, we had lots of folks who is nothing but an aggregator of our pensation that taxpayers in every moved to Atlanta and moved to Hous- pocketbooks, and it will take that State provide through taxes to their ton. If you will, the dollar would follow money and bequeath it. States, preventing States from being the patient. It wouldn’t just stay in I asked Mrs. LUMMIS to come tonight able to allocate more money to edu- Louisiana. I love my State, and it because she is a former State treasurer cation and other State-based functions, would be nice to have the extra money. in Wyoming and will discuss the im- and Medicaid is definitely one of them. But it is more important that, where pact this program is having upon State In addition, States care for their work- the patient is, have the money. It’s a budgets and, therefore, other State ing poor. States want to see their low- variation on the theme. But also part services. income, Medicaid-eligible people have of it is that the State has flexibility, Mr. BROUN of Georgia. Before you go access to high-quality health care and freeing them from the money-con- to Mrs. LUMMIS, I’d like to reclaim my support the Medicaid program but to suming regulations that the Federal time and just say this: Our State of not support it in a way that requires Government puts on how those monies Georgia is struggling. We have a bal- these rigid handcuffs on States in a are applied. anced budget amendment to our State one-size-fits-all program that prevents Mr. BROUN of Georgia. Absolutely. constitution. We’re having a difficult States from innovating and from pro- In fact, the State Health Flexibility time dealing with the extra cost, not viding quality care to their people. Act does that same thing, and the only only of Medicaid, but all these govern- Case in point: My State of Wyoming growth is due to population in any ment mandates that are foisted upon has the smallest population in the Na- State, so it does account for that our State from the Federal Govern- tion. As a consequence, we have the op- change in the population of any given ment. portunity to study things that other State. It has to stop. And the only way States cannot study because their pop- But we have solutions. We have eco- we’re going to stop it is for we, the peo- ulations are so large. My State of Wyo- nomically viable solutions that Repub- ple, across this country to demand a ming, through its own health care com- licans are submitting and, hopefully, different kind of governance from their mission, studied every single Medicaid- we can get passed into law. But of Senators and Congressmen, and par- eligible child under the age of 18. It de- course we’ve got to have a Senate that ticularly from the President of the termined that it would be over 21⁄2 will even take up those kinds of bills, United States. times cheaper to buy each one of those because the House has passed bill after Mr. CASSIDY. Thank you, Dr. children a standard Blue Cross-Blue bill after bill to create a stronger econ- BROUN. Shield policy than it would be to pro- omy, to create jobs here in America, to Mr. Speaker, I yield back the balance vide health care through Medicaid. lower the cost of gasoline, to develop of my time. These are the kinds of things that all our energy resources. The SPEAKER pro tempore. Under States are studying, that they are We’ve got these bills that will solve the Speaker’s announced policy of Jan- learning, that they are innovating. the problems for Medicaid. Even my uary 5, 2011, the gentleman from Mary- Furthermore, there are places in the Patient Option Act is across-the-board land (Mr. HARRIS) is recognized for 28 country that are dealing with different health care reform. It repeals minutes as the designee of the major- health care problems than other places ObamaCare and replaces it with policy ity leader. in the country. that makes health care cheaper for ev- Mr. HARRIS. Thank you very much, Case in point: The Rocky Mountain eryone, provides coverage for all Amer- Mr. Speaker, and I will yield to the West has a much higher incidence of icans, and will save Medicare from gentlelady from Wyoming. multiple sclerosis than has other parts

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.108 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5186 CONGRESSIONAL RECORD — HOUSE July 24, 2012 of the United States. No one knows my colleagues who are facing decreased that physicians really aren’t even able why, but it’s a fact. So Wyoming and payment reimbursements by the gov- to keep their doors open. The reim- other Rocky Mountain States should ernments that are under financial bursement rate for a TennCare patient be able to concentrate on MS. Other hardship now. Even under current con- in Tennessee was almost half of that States, perhaps Southern States, may ditions, as this chart will show, there from a private patient. It’s not that have more problems with diabetes. are very few States in the Union that physicians don’t want to help and take I recently was in Saudi Arabia. There actually have extra money around to care of these people. They do. It’s just is a tremendous diabetes problem fund that Medicaid increase. This chart financially unfeasible, especially in there. They are spending tremendous shows various specialties and how Med- solo practices, which are common in amounts of money at their brand new icaid patients have access to them. rural areas. higher education university, at which Under the current reimbursement, Mr. HARRIS. You may or may not be they partner with businesses, in order which of course will get nothing but aware of the study done early last year to study diabetes in a way that will worse for specialists under the new Af- that showed that, actually, whether help the great number and growing fordable Care Act, among all special- patients have private insurance or no number of people who are affected by ists, 89 percent of patients with private insurance or Medicare or Medicaid, diabetes. insurance have access to all specialists when you compare the outcomes, Med- These should be things that regions and only 34 percent of medical assist- icaid patients have the worst out- of our country are allowed to work to- ance patients, or Medicaid patients. comes. In fact, they are 93 percent gether on and to create programs for in That’s true whether it’s orthopedics, more likely to die of their illnesses order to innovate and to be the great psychiatry, asthma, neurology, endo- than patients with private insurance. incubators of innovation that States crinology, ear, nose and throat, or der- They were more likely to die than even are. So that’s why I do want to com- matology. In all cases, access to a phy- patients who had no insurance. I don’t pliment the U.S. Supreme Court in the sician is restricted because, when a know. Is the gentleman aware of that portion of the decision on ObamaCare government controls the health care finding? that provided that States do not have budget, the way it contains costs is by Mr. DESJARLAIS. I have heard of to be held hostage under the decreasing reimbursements to pro- that study as well. Again, I think it is ObamaCare law, that they do not have viders. an access to care issue, and that’s cer- to expand beyond the original intent of Those are the facts. That’s what hap- tainly a problem that has not been ad- the Medicaid-eligible population to ac- pens. That’s what’s going to happen dressed. The ObamaCare law does nothing to commodate its expansion under the under Medicaid. We know, with the address access to care, and it does ObamaCare law. They can still con- Independent Payment Advisory Board, nothing to address the cost of health centrate, if they choose, on the Med- that that’s what’s going to happen care. Frankly, we all know that the icaid-eligible population as it exists under Medicare. cost of health care is driving our na- today and can continue to provide I yield to the physician from Ten- tional debt, so we need to look at solu- quality Medicaid to low-income, eligi- nessee. tions that have been offered by the Re- ble constituents within their States. Mr. DESJARLAIS. Thank you for That doesn’t mean they should be yielding. publican caucus and the Doctors Cau- cus that will make real reforms to under the same constraints they are I just want to expound on your com- health care: that will make it more af- under now to provide Medicaid to their ments and on, actually, what the gen- fordable and involve a greater attempt populations—because of the variance tlelady from Wyoming talked about in to get government out of the way. Just and the kinds of diseases that are crop- terms of the efficiency in her study, like in small businesses, the number ping up in different parts of the coun- where they could actually buy a policy one complaint is that government bu- try and because of the different innova- for those cheaper than what the Fed- reaucracy is driving down the profit- tions that States are able to use if they eral Government has implemented. ability. It remains the same in health are not constrained by the shackles of We were promised better access to care as well, and we need to look at the Federal one size fits all. care at a lower cost with the Afford- more free market options in health I want to thank the physicians in our able Care Act, and the TennCare pro- care if we’re going to actually reduce conference for continuing to raise gram in Tennessee really was an exper- costs. these issues, to discuss these issues. iment of nationalized health care con- You discuss them to the benefit of fined to one State. What we found was b 1940 those of us who are not physicians who that more and more physicians, as you Mr. HARRIS. I thank the gentleman. serve with you in Congress. You discuss stated, were dropping out of the I would love to bring the gentleman these issues to the benefit of the people TennCare program because of reim- from Texas into the discussion, because to whom you provide health care in bursement issues and also because of women actually are specifically af- this Nation, and you do it as a service the bureaucracy and the frustration fected by the shortfalls in Medicaid be- to the people of this country. I thank with trying to find specialists. cause the reimbursement rates for all of the physicians who are here to- I had a primary care practice, and I women’s health care is frequently so night to discuss this issue. actually had to hire an extra staff low that it’s actually hard to find an Mr. HARRIS. Thank you very much member, which drove up my costs, to obstetrician to take care of those pa- to the gentlelady from Wyoming for sit after hours to try to find specialists tients. I know in Maryland this is a bringing up that point about what to take care of these patients. It was problem we had. Medicaid does to State governments very frustrating for us. It was very In the First Congressional District and about what the potential is to frustrating for them. Yet the reim- on the eastern shore of Maryland for a State governments and all the other bursement, compared to a privately while, before we did Medicaid payment programs that they have to fund. paid patient versus a Medicare patient reform, women who were pregnant in I will tell you that, with regard to versus a TennCare patient, continually that part of the State had to drive 3 what happens, what we know is that was less money. hours to find an obstetrician to take access under the Medicaid program is Mr. HARRIS. So what you’re saying care of them because the reimburse- already suffering, the access of pa- is that you had patients under ments were so low. And we know the tients. Again, passing the Affordable TennCare who had insurance cards. Affordable Care Act does nothing for Care Act puts an insurance card—a You just couldn’t find anyone to take medical liability. Medicaid card—in the hands of prob- care of them. We also know, for instance, that we ably 10 to 12 million Americans, but Mr. DESJARLAIS. Right, which is ex- have a cesarean section rate that is 35 that doesn’t guarantee access to health actly what we’re going to see under the percent now, the result of medical li- care. President’s plan. You’re going to see ability. We have obstetricians who As a physician, I’ve taken care of people who allegedly now have access have left the practice later in their ca- Medicaid patients for almost 30 years, to care, but they really don’t because reers of obstetrics and gravitate to- but increasingly what I’m finding is the reimbursement rates are so low ward just doing gynecology where they

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.110 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5187 join frequently large group practices. without insurance and everybody needs panded it well beyond that to the point So we’ve left the practice of obstetrics to be compelled to buy insurance and, where, as we brought up earlier in the to be an impersonal practice with peo- by golly, that will fix our problem. hour, if gone unchecked, it will bank- ple who generally don’t have as much Wait a minute. That ain’t going to rupt everything else in government. experience as those who have left the fix your problem because we know, in The time has come, as the gentleman practice. And because of the lack of li- the State of Texas, only 31 percent of has pointed out, for us to reconsider ability reform, we have a cesarean sec- doctors will see a Medicaid patient. As whether that Affordable Care Act was tion rate that has roughly doubled over a consequence, if you expand your the right approach. my career in dealing with obstetrics numbers of Medicaid patients and you We know that just today the Con- and obstetric anesthesiology. don’t have the doctors there to see gressional Budget Office has rescored I would like to hear the gentleman’s them, what are they to do? They’ve got the President’s Affordable Care Act comments on medical assistance and this card in their hand, and they go to and has said that, as a result of the Su- what it’s doing for this country and for the emergency room to get the most preme Court decision—because one of the women’s health care in this Nation. expensive care. the goals was to insure as many Ameri- Mr. BURGESS. I thank the gen- I wanted to bring this up because in cans as possible—that an additional 3 tleman for yielding. the Austin American-Statesman this to 4 million individuals will not be in- Of course the doctor from Maryland weekend, Dr. Tom Suehs, the executive sured as a result of the Supreme Court, makes an excellent point about having director of the State Department of because the States will make a ration- an insurance card—in this case, a Medi- Health—or the Executive Commis- al decision that they can’t afford to let care card—that it does not necessarily sioner of the Texas Health and Human their budgets go bankrupt through this guarantee access to care. I would see it Services had an op-ed in the Austin Federal Government-mandated expan- literally every month in my practice. American-Statesman. I just want to sion that does nothing to control costs. Being an obstetrician, if I’m called by read the first two paragraphs of his It does nothing, really, to increase ac- the emergency room doctor to attend piece: cess, other than putting a card in to a patient who is pregnant, under Do you know how much a Medicaid client someone’s hand. EMTALA laws I have got 30 minutes to pays for an emergency room visit? How And as the graph shows, that card show up or I get fined $50,000, so I about if the visit isn’t an emergency? The doesn’t help all the people who are in would always show up. answer to both questions is the same: noth- these pink bars. They’re the ones with The difficulty is that, although she ing. Not one dime. the Medicaid card currently, and their was pregnant, sometimes the problem The Texas Medicaid program paid $467 mil- chance of seeing a specialist is some- lion for almost 2.5 million emergency visits that brought her to the emergency in 2009, and half of those visits weren’t even where between 17 percent and 57 per- room was something unrelated to preg- for emergencies. Yet Federal law makes it cent because the government payment nancy, such as a heart murmur, tonsil- virtually impossible for States to charge is so low and because these programs litis, you name it. I may not be the even small copays to discourage unnecessary are so expensive and never adequately best person to take care of that par- emergency room utilization by Medicaid cli- budgeted for, just as in the case of the ticular condition, but, just as the doc- ents. Affordable Care Act. tor from Tennessee pointed out, it was I think Dr. Suehs has hit the nail on Now, we’re joined this evening by my almost impossible to find someone in a the head here. We have to provide the colleague from Georgia (Mr. GINGREY), specialty practice who would agree to flexibility back to our States. who is also an obstetrician, who has see that patient. Oftentimes, you But it also belies the question: Who spent years taking care of patients and would find yourself admitting a patient thought of taking a safety net program understands what it will take to fix the who might otherwise not require ad- for blind and disabled nursing home health care system in the United mission but simply so that you could residents, pregnant women, and chil- States. I’m very interested to hear get them the specialist care that they dren and then expanding that to cover your perspective, Dr. GINGREY, on the needed. It’s a very inefficient and very 15 million more Americans? That topic we’re discussing tonight, Med- expensive way to go about getting that wasn’t the way to go about this. There icaid and its expansion under the Af- care. were better ideas out there. For what- fordable Care Act. Mr. HARRIS. If the gentleman would ever reason, the Obama administration Mr. GINGREY of Georgia. Mr. Speak- just yield for a very brief question. chose not to listen, not to solicit those er, I thank the gentleman from Mary- Do you think that’s the kind of ideas, and now we have the situation as land, my physician colleague, for yield- health care that the women of America it exists today. ing. deserve? With that, I thank the gentleman for I missed some of the hour. I regret Mr. BURGESS. Look, it doesn’t have yielding. I thank him for allowing me that, and hopefully I’m not repeating to be this way. That’s what’s so dis- to participate in this hour. This is an some remarks that have already been appointing about every aspect of the important subject, one that is not made. Even if I am, I think it’s impor- Affordable Care Act. going to go away, and we’re going to be tant for people to understand that I don’t want to get too far into it, but talking about it a lot for the next sev- Medicaid expansion is threatening each we know now that this law was written eral months and the next several years. and every one of our 50 States and the by special interest groups, secret deals Mr. HARRIS. I thank the gentleman territories. down closeted in the White House, Sen- from Texas. The provision in the Affordable Care ate-constructed deals on Christmas Eve Again, we have on the floor with us Act, ObamaCare, that’s titled, ‘‘Main- before a snowstorm to get out of town. now two obstetricians and an obstetric tenance of Effort’’—actually, this This was constructed under the worst anesthesiologist. If women are ready maintenance of effort provision, Mr. of possible circumstances. Should it be for childbirth, we’re ready on the floor Speaker, began even before the passage any surprise to us that the darn thing, of the House tonight. of ObamaCare. ObamaCare passed regardless of how you feel about every- The gentleman makes a great point March 23, 2010, a little more than 2 thing else, it’s just not going to work? that in the end, having an insurance years ago. It just extended this. And yes, as the gentleman pointed out, card doesn’t guarantee access and hav- But what happened with the stimulus the difficulties in obstetric care is just ing an insurance card doesn’t guar- package back in 2008 is that States one aspect of that. antee affordable care. As we know, were told that they would not be al- If I could, I would like to bring up what the Affordable Care Act did is to lowed to purge their rolls of people the point that I was in the Supreme again pretend that, really, economics that were, at that point in time, under Court the day the oral argument was don’t exist, to pretend that the laws of Medicaid to see if, per chance, they heard on the individual mandate. I mathematics don’t count; that we can were in this country illegally and not heard the Solicitor General make his expand this program, as the gentleman eligible or their income level had risen argument that the cost of health care pointed out, a program that was meant to the point that they were doing just is going up because we have people to be a safety net for the poor elderly, fine, thank you, maybe making $50,000 showing up in the emergency room for women, for children, and we ex- a year and could afford their own

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.112 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5188 CONGRESSIONAL RECORD — HOUSE July 24, 2012 health insurance premiums not to be K–12 education. And as the other chart great ‘‘woulda, coulda, shoulda’s’’ of paid for by we, the taxpayer and the we’ve seen shows, we’re over at the our time. But we’re going to hold that citizens of the State of Georgia, my left-hand side. It will only get worse for just a few moments, though, be- great State. And then it was extended over time. cause there are a few things that really with the passage of ObamaCare to say I yield to the obstetrician from need to be discussed from the last half- that, through the year 2013, these Texas. hour. States could not do that. Mr. BURGESS. I thank the gen- First of all, most of the discussion tleman for yielding. was about Medicaid. That’s a national b 1950 I wanted to make one point on this program in which the Federal Govern- Well, what’s happened is, I’ve got new Congressional Budget Office score ment pays about 50 percent—it varies some statistics. And just to quote from that was provided today. And I know State to State, but roughly 50 percent the National Governors’ Association some people are looking at that and of the cost of providing medical serv- report, ‘‘States are facing a collective saying the cost for the program, for the ices to the poor, women, and children $175 billion budget shortfall through Affordable Care Act over the next 10 in the States. 2013’’ in large part because of this years, was only scored I think at $1.16 Now the debate was most interesting maintenance of effort requirement trillion—if I can use the words ‘‘only’’ in that the argument was that there under Medicaid, that they’re not al- and ‘‘trillion’’ together in a sentence. would be a lack of access and simulta- lowed to make sure that the people on But what many people overlook is neously an argument that there were the Medicaid program are the ones that that the Congressional Budget Office no cost controls. Yet if you were listen- need to be there, the most needy that must score under existing law. And one ing to our esteemed colleagues, you can’t afford—their children can’t afford of the things that existing law does is would have heard them say, The doc- health care. And now these rolls are it cuts physician reimbursement in tors are not paid enough. sort of set in stone until the year 2013. Medicare by 35 percent on December 31 I think if they’re not paid enough, And in many cases, Mr. Speaker, they of this year. So add another $300 billion and the doctors want to get paid more include childless adults, childless to $400 billion to that cost just for the in order to provide services, then the adults who maybe were eligible to get so-called sustainable growth rate for- costs are going to go up. So the cost on the program at a point where their mula, which has not yet been repealed. control argument here doesn’t make a income was very low or maybe they Now we will fix that before the end of whole lot of sense. If you want to keep were out of work. But now, shouldn’t the year for at least 1 more year. But the costs down, you need to improve the Governors be allowed—at least on the Congressional Budget Office has no the effectiveness and efficiency of the an annual basis, if not every 6 way of scoring that. They must go with system. Certainly certain services within the months—to look at those rolls and existing law. Medicaid and Medi-Cal, as we call it in make sure that the dollars for health And, of course, with the Independent California, are not paid sufficiently. care are going to the folks that really Payment Advisory Board, the same Some other services are paid more than need it and their children? That’s what thing applies. They have to think that enough. So you need to balance that up the Medicaid program was all about those cuts that the Independent Pay- over time. And all of these programs when it was started as an amendment ment Advisory Board is programmed to to the Social Security Act back in 1965. are run by the States. It’s really the produce, that they are going to con- State that decides what the reimburse- So I wanted to mention that. It may tinue occur. have already been talked about earlier. ment rate is going to be. The Federal The other thing the Congressional Government then matches the State’s My colleagues in the Doctors Caucus of Budget Office cannot easily estimate is the House know of what they speak contribution. the number of people who will be So the argument really didn’t make a with regard to health care. There are a moved off employer-sponsored insur- whole lot of sense. And even more so, lot of other issues in Medicaid. But I ance onto the State exchanges or the in the Ryan Republican budget, which thought, in particular, I would want to Federal exchange. And that is a dif- has passed this House twice now, there discuss that. ficult number to know. The MacKenzie is a significant reduction in the edu- But in conclusion, on this point, if al- Corporation said it was going to be 30 cational services for doctors so that lowing a State to improve its enroll- percent. The Deloitte corporation has the money that we, all Americans, ment and its verification system saves said 10 percent. We don’t know what spend to educate doctors—particularly enough money to keep our children’s that number is. CBO is scoring that at in that part of the program, both the education program intact and the safe- a very low 1 to 2 percent because his- basic education and then in the resi- ty of its citizens, with regard to police torically, that is the average of the dency programs—the Ryan Republican and fire protection, intact, then why erosion of employer-sponsored insur- budget significantly reduces the wouldn’t we support this change? Why ance. amount of money available for resi- wouldn’t we repeal this maintenance of Those points are important to re- dency programs for family care prac- effort? member in looking at these figures. tices, for the very basic programs that If giving Governors the ability to Mr. HARRIS. I thank my colleagues we all want to access. manage their own Medicaid programs for their participation, and I yield back prevents drastic cuts to education or the balance of my time. b 2000 job creation programs, why in the f For family care, for basic care, that world would we not support that? The money is reduced. You go, wait a only reason I can think of would be to AMERICAN JOBS AND HEALTH minute, that doesn’t make any sense. force, under ObamaCare, more and CARE If you are down here on the floor argu- more people into the Medicaid pro- The SPEAKER pro tempore. Under ing that there is an insufficient num- gram, where the States have to eventu- the Speaker’s announced policy of Jan- ber of doctors and they are not paid ally do that FMAP and that sharing of uary 5, 2011, the gentleman from Cali- enough, then don’t argue at the same the cost because, otherwise, they would fornia (Mr. GARAMENDI) is recognized time that it is too expensive and there be in the exchanges, and the subsidies, for 60 minutes as the designee of the are not enough cost controls; and as we know, go up to 400 percent of the minority leader. please don’t argue that there are not Federal poverty level. It’s all part of Mr. GARAMENDI. Mr. Speaker, enough doctors because, in fact, the Af- this grand scheme to eventually have thank you for the privilege. And thank fordable Care Act expanded the number national health insurance, Medicare you, to my colleagues in the Repub- of residencies for very basic care, for for all, if you will, and it’s got to stop. lican Doctors Caucus, for a most inter- the family practice programs. I’m not Mr. HARRIS. I thank my colleague, esting but factually incorrect 45 min- quite sure I understand what they are the obstetrician from Georgia, who utes of debate here. arguing. points out that on the graph, as the We really were going to spend this In addition to that, access across this gentleman from Louisiana showed be- evening talking about jobs and about Nation for millions and millions of peo- fore, Medicaid expenditures now exceed the American Jobs Act and one of the ple is provided in clinics. These are the

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.113 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5189 community clinics that a large popu- Care Act. We have heard about taking they become 65. They will have quality lation attend for their basic services, away the benefits that have just re- care. And guess what, they will die on and most of those are the Medi-Cal or cently arrived at the door steps of Medicare. Yup, that happens. You’re on Medicaid population and the very poor health consumers across this great Na- Medicare for the rest of your life. It that are not yet enrolled in what will tion. And why would you want to play may be for a year. It may be for 30 be the expanded ObamaCares—the politics with the very fabric of quality years. But for whatever, you’ve got a ObamaCares program. of life of the people that we represent guaranteed benefit that is available to So what do the Republicans offer us? collectively by undoing progress? This you. The Ryan Republican budget would is a recurring theme. They want to And what do you lose if the Ryan Re- cut by more than a third the support undo Social Security that has a 76- publican budget and the effort to re- for the clinics, closing thousands of year-old history. They want to voucher peal Medicare is lost? Well, let’s see. clinics across the Nation and in my out Medicare that came to us in the Nearly 13 million Americans will ben- State where people get access. So mid-1960s that addressed the economic efit from $1.1 billion in rebates from please do not come down here on the stability, the predictability of senior their private insurance companies that floor and argue for an hour or half an households and the quality of life in are presently overcharging them. hour that access is being delayed when those households. Why would you want Hmm. And 86 million Americans, in- on the one hand you are cutting the to take that progress away? cluding 54 million Americans on pri- money for access. That’s what the It is heart wrenching to listen to vate policies and 32 million Americans Ryan Republican budget does. It cuts some of this insensitive, callous dia- that are on Medicare, will lose their the money for access by reducing the logue on the House floor that really free preventive services. residencies and reducing access to clin- renders the public that we are here to Now, you want to reduce the cost of ics by cutting by more than a third the serve without benefits that have just health care, then you’ve got to make money that is there to build up the recently arrived through the success of sure that people stay healthy as long clinics, the community clinics where the Affordable Care Act. as possible. And how do you do that? people get care. Representative GARAMENDI, it is Blood pressure. You want to deal with I’m going to take a deep breath here something that I think needs to be blood pressure, okay, it is very cheap, because I don’t want to get wound up echoed out there from this House floor if you get your medicine. But you have too tight about this issue, and I want and shared with the constituents of to find out about it, so you need that to ask my colleague from New York, this great Nation in a way that allows free checkup. Diabetes, stroke, all of Mr. PAUL TONKO, to talk about the them to better understand what is part those things can be delayed and often Medicare aspects of this. and parcel of the Affordable Care Act, prevented if you know it’s coming. So Mr. TONKO. Absolutely. We didn’t a monumental piece of success. Is it what are we talking, 32 million seniors hear too much about what would be perfect? No. We aimed for perfection, will no longer have a free checkup, pre- lost in their cuts or repeal of the Af- we struck with progress. But there is ventive services. fordable Care Act. Representative many, many a benefit that is part of In August, just a week from now, GARAMENDI, you are absolutely right, the Affordable Care Act, and we are women will begin receiving free cov- there is much that has been gained by witnessing an all-out attempt by the erage for comprehensive women’s pre- the American population, health con- Republican majority to turn that suc- ventive services—pap smears, breast sumers across this Nation, with the ef- cess into failure. cancer checkups. You want to repeal forts of the Affordable Care Act, to Mr. GARAMENDI. Let me pick up on that? That’s what the Republicans close the doughnut hole, to make pre- that, Mr. TONKO. You are quite correct, have voted 33 times to do—repeal the scription drugs more affordable for our it is not just an attempt. There have free checkups for women in America. pharmaceutical consumers out there, been 33 votes on this floor by the Re- 105 million Americans will have a for seniors who require this medica- publican majority to either terminate lifetime limit once again. Today, they tion, their prescription drugs to stay completely or to eviscerate in part the do not have a limit. well or to stay alive. Far too many Affordable Health Care Act. Now, what were balancing their household budget would be eviscerated? b 2010 by reducing their intake of prescrip- First of all, the Ryan Republican So if you’re 30 years old, you have a tions advised by their medical commu- budget would terminate Medicare as we private insurance policy and you get nity. That is immoral. It’s unnecessary know it and give to every American cancer, you’ll hit that lifetime limit and has been addressed by the Afford- who is not yet 55 years of age a coupon immediately. Not under the able Care Act. So 5.3 million seniors that basically says this coupon is ObamaCares program. In that program, today are drawing $3.7 billion in bene- worth 70 percent of the cost of insur- there are no lifetime limits, and you fits. That is something that could be ance. Go get your insurance when you will continue to receive the medical taken away if the Republican majority become 65 from a private insurance benefits. in the House of Representatives had its company. No longer would Medicare be Mr. TONKO. Thank you, Representa- way. available to all of those people who tive GARAMENDI. Now, this is a wellness aspect. This is will eventually be 65. And for those One of the things you talked about part of a formula that allows people to people who are 55 to 65, it makes it im- with the influence or the focus on be cured, to be healed, to be allowed to possible for Medicare to go forward on women’s health care reminds me of the live with a quality of life that then ad- a financial basis because it takes away preexisting conditions that are pre- dresses their very needs. And so I think the younger people. cluded now as a rationale for denying it’s necessary to point out what would I heard something on the floor which insurance. And ‘‘preexisting’’ might be taken away from the benefits al- I just said—wait a minute—some sta- mean, in youth, asthma; in our senior ready offered, and there are more to tistic that was tossed out here just a population, emphysema or cancer re- come. But as we know, they’re staged. few moments ago that more people die covery or cancer struggle. They are rolled into the operations of on Medicare than die on regular insur- But it can also mean in a gender-re- reform over the next several years. But ance. Yes, Medicare is for the elderly. lated bias—being a woman. That is suffice it to say, the screenings, the an- Medicare is for the elderly. Yes, they used as a preexisting condition. Being a nual checkup, flu shots that are made do get medical care but eventually woman is a preexisting condition. So available without cost, no copayment, they get old; and I will, too, be on the benefits to women, as you outlined no coinsurance, no deductible is re- Medicare, and I will die on Medicare. in the direct services, the screenings, quired here. These are huge benefits to And I am so grateful to have Medicare the mammograms and the like, are a every age demographic that are offered available to me when I become 65 be- portion. The other portion is just being through the Affordable Care Act. cause I know that I have a solid insur- born a woman can deny you insurance. And so we heard about adding to the ance program. I know that I’ll be cov- So, when you talk about the 30 cents cost curve of health care. We have ered, and I know that my younger on the dollar that the voucher would heard about repealing the Affordable brother and sister will be covered when carry for the Medicare recipient, and

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.116 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5190 CONGRESSIONAL RECORD — HOUSE July 24, 2012 they’re asked to go shop, this is saying The Patient’s Bill of Rights guaran- going to pay for that portion because, that compared to today’s standards, tees that insurance discrimination is while it may be 100 percent in the near it’s the senior digging much deeper over. future, it may go to 90 percent into the into her pocket. It’s the senior digging So what do they want here? What do long-distance future, and they don’t into another pocket to be able to afford the Republicans want from Americans? want to pay anything for the new in- his Medicare voucher portion. And A big question. stallments of the Medicaid plan. that’s unacceptable. That is playing to Apparently, they want more money Well, today we are paying. It’s not a special interest. for the doctors, and that’s certainly like it’s against an absolute that costs That’s what I believe the espoused necessary in some cases. nothing. If you have the poor unin- virtue of this deny, this repeal, is Apparently, they say they want gov- sured, underinsured in any given State, about. It’s about playing to special in- ernment out of health care. Does that there’s indigent care. There is bad debt terests that don’t want to be told that mean end Medicare? Apparently, yes, and charity that is addressed in rate- there’s a transition here, that there’s a because the Republicans have voted payer dollars for insurance coverage’s new day in America for health care twice on this floor to end Medicare as sake because that is going to be incor- consumers, and that the heart has been we know it. You’ll get a voucher. You porated into the overall actuarial plan, poured into this to be more sensitive, will not have guaranteed coverage, and or you’re paying it through taxpayer to address a moral compass that this you will have to go out and shop for it dollars and for a much more inefficient Nation has always uniquely embraced, yourself. system. that we are a compassionate society, Apparently, they don’t want commu- To have the poor, uninsured, and that we are going to make a difference nity clinics because they’ve already underinsured go to emergency rooms out there, and that we are solutions voted on this floor to cut about one- visiting a different doctor team every bound. third of the community clinics in this time they visit that emergency room, That’s what the Affordable Care Act Nation. or perhaps a different emergency room, was about: presenting a new approach Apparently, they talk about access, to not provide the stable, standardized to health care, providing more freedom but at the same time they refuse to care, acceptable notions of how to pro- and opportunity to our seniors and to fund the residencies for family care, for vide a predictable outcome, you’re our children. the basic health care providers that we going to pay needlessly and wastefully. If you’re 26 and under, you can stay need in our hospitals and in our com- This is about networking people to a on your parents’ policy. These are the munities. system that provides a stability, a formulae for success that allow us to And apparently, they want to elimi- standard that will enable them to have go forward with much more dignity, nate the Patient’s Bill of Rights. a clinic, have a contract that will cover This is not a formula for America’s much more success, cost containment, them and make certain that all of us health care. affordability, and accessibility. These are strengthened by it. Now, we also heard on this floor a few are the dynamics of reform. And guess what. The business com- minutes ago, a half hour, 45 minutes Why would you repeal something munity, we talk about competitive- ago, that the nonpartisan Congres- ness. We talk about a sharp competi- here other than to respond to special sional Budget Office said that because interests? tive edge for America’s business com- the Supreme Court eliminated the munities as they enter into the inter- Mr. GARAMENDI. Well, exactly so. mandate that States have to provide national sweepstakes on winning con- For 8 years in the early nineties and more Medicaid coverage there would be tracts. That translates into providing then in 2000, I was the insurance com- fewer insured. True. That’s true. Texas jobs and profitability for our business missioner in California. I wish I had has refused to increase its Medicaid community. Well, part of their cost of this law because I could have held the program. Well, that is Texas’ decision, doing business is to have health care insurance companies responsible. and I’m sure the Governor and legisla- for their workers. Many want the Now, my attitude about them is they ture will have to address that. health care coverage for their workers always put profit before people. How- But the fact here is that the Med- but simply cannot afford it. ever, the Affordable Care Act has what icaid coverage actually provides the So the exchange opportunities that we call the Patient’s Bill of Rights, and opportunity for some 17 million Ameri- are part of the package of the Afford- this is the insurance discrimination cans to get insurance that do not now able Care Act enables them to cut their that is eliminated by this law. And you have insurance. If we provide the clin- cost. It’s taking their experience, their spoke of a couple of these issues. ics, if we provide the residencies for the actuarial experience of 10, 15, 20 work- Discrimination against a woman sim- doctors who would be able to care for ers in that small business and putting ply because they’re a woman. They them, they will have access. them in a pool of millions of workers. have an existing condition. They’re a I can assure you that if we also do woman. They could get pregnant. So the preventative services, we will see a b 2020 the insurance companies would not decline in the number of severe cases. That enables them to shave the cover or they would charge more. People will not get so sick that they peaks and enables them to take those Those days are over. have to go to the emergency room. catastrophic situations. One person in Also, a young child, there are about They’ll get care early. And with the their plan of 10 impacted by cata- 17 million children in America with drugs that are necessary, they’ll be strophic situations can cause their pre- preexisting conditions that can no able to avoid the very expensive ill- miums as a company and the copay- longer be discriminated against by the nesses. That’s to all of our benefit. You ments of their workers to skyrocket. insurance company. They have to be mentioned vaccinations. These are all But if they’re enabled to join this able to get insurance from an insur- ways of reducing costs. pooled effort, it provides for a better ance company, 17 million children, one So here we are, once again, debating outcome for everybody. of whom is the son of my chief of staff, something that is now the law, that is So there is wisdom and thoughtful- born with kidney failure. He had insur- proven, proven to provide services to ness poured into the reform elements ance the day he was born. He imme- Americans, whether they are seniors or of the Affordable Care Act. And it’s diately lost insurance because he had whether they are young, whether they done again with that American heart, kidney failure, and today, as soon as he are children. It works, and it’s working that spirit, that sense of compassion leaves his parents’ policy, which he’s for America today. for the worker, the sensitivity toward able to get now under the law because Mr. TONKO. Well, if I might ask the the employer, and putting together a they cannot discriminate against chil- gentleman from California if he would package that has everyone responded dren, he will be able to continue to get yield. to in a way that speaks to a long-over- insurance. Under the old law, repeal I believe there’s a whole lot of polit- due bit of success. The last industri- the ObamaCares law and he will be de- ical posturing going on with the Med- alized nation, Representative nied insurance because there is an end icaid decision by States. We are hear- GARAMENDI, to go toward a guaranteed to the Patient’s Bill of Rights. ing a lot of talk about, well, we are not health plan.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.118 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5191 So, long overdue. And now to taste Mr. GARAMENDI. Exactly. Speaker, were proposed last September success and have it pulled away from Mr. TONKO. Well, what else reduces by President Obama—the American the American health care consumers of the deficit? Putting people to work. Jobs Act. Two million jobs minimum this great Nation is a very troubling Putting people to work, the American could have been created. This is one of notion. Jobs Act. Plain and simple: It’s about the great woulda, coulda, shoulda’s of Mr. GARAMENDI. Well, Mr. TONKO, addressing the deficit and providing for our time. We could have had people thank you very much. the dignity of work and the enhance- back to work today, and in doing so re- Next Monday, did you know, next ment of services that strengthens the ducing the deficit. Monday is the annual birthday of Medi- fabric of our communities, our States, There are so many different pieces of care? Next Monday. It went into effect our Nation. So, the American Jobs Act, this. Mr. Speaker, the American Jobs in 1965, and ever since, as you said ear- according to experts, is a phenomenal Act are where the jobs are. You talked lier, Republicans have been trying to plan. about a piece of it. I’m going to just terminate it. They tried again this We’ve heard the Republicans say we pick up one more. This is one that year, but the American public knows have some 30 bills that are about grow- speaks to the American homes, what’s better. They know that they want to ing the economy and producing jobs going on in the house where we live. live long enough to get to Medicare be- when, in fact, when put under the test, Many of those homes are run down, cause in Medicare they have a guaran- when reviewed by some very sound or- they have problems with insulation, or teed benefit. They know that wherever ganizations out there and professional they don’t have any insulation at all. you are in the United States, whether economists and analysts, they said it They leak energy. Well, the President you are in Vermont or in California, would do precious nothing. That it was proposed, as a piece of the American you have the same quality policy that not the formula. It’s not what the doc- Jobs Act, that we could provide con- will cover most of what you need. If tor called for, if we can stay on that struction jobs, really, low-skilled construction jobs, in rehabilitating the you want more, you can go out and buy health-care related theme. But the American homes. This is not a new that, that’s called the Advantage pro- American Jobs Act, well, listen to concept. This has been going on for gram. And you get to choose your pro- some of the experts. some time. It’s been used repeatedly to gram. The chief economist at Moody’s Ana- upgrade homes in the United States It’s not a government takeover at lytics—who, by the way, Mark Zandi, and simultaneously save energy and all. In fact, it is a financing mechanism was the former economic advisor for so that every senior in America can save dollars for the American public. Senator JOHN MCCAIN—what does he One piece of it, construction jobs, could choose their own provider. They get to theorize? That anywhere from 1.9 mil- choose their provider. They can go have been put in place. lion to 2 million jobs would be the out- I’m going to pick up another one, and wherever they want to go to get their come of the American Jobs Act, some- medical services. And if they don’t like then I’m going to turn it back to you, thing that not only produces the jobs, Mr. TONKO. My daughter is a teacher, their doctor, they can change. but would reduce the unemployment So the government is not saying my son-in-law is a teacher. They’ve rate by at least 1 percentage point. where you can go. In fact, the govern- seen their class size just grow from 20, That’s a major significant factor. ment is financing the system so you 22 to some 32 people in the class. Now, What also happens is that, when you can choose whatever provider you want this is a serious problem for the teach- produce those 2 million jobs, you’re ad- to choose. It is a common policy across er, making it more difficult to provide dressing the GDP by at least 2 percent- the Nation. It is efficient and it is ef- the quality teaching that’s necessary. age points. Growth in the GDP, reduc- fective, and the Republicans are trying My daughter is a great teacher, my tion in the unemployment, reducing to destroy it. We won’t let that happen. son-in-law is too, but it’s much more Bottom line, we will not let that hap- the deficit, putting people to work, difficult. The class size has increased pen. And there are serious cost strengthening the economy, providing by a third. containments in the current Medicare purchasing power at a time when busi- The American Jobs Act would have program and in the Affordable Care nesses are saying the best thing you put 280,000 teachers back into the class- Act. can do: Get us customers. A healthy room. Now, if you happen to be a sec- I’m just going to end with this, and economy, putting people into the work ond-grader and you’re not getting what then we really need to get to what we mode creates customers. It creates pur- you need to learn, then that’s going to wanted to talk about, which were the chasing power. It creates a strength in carry on through the remaining years job programs. the economy. Two million jobs. of your schooling. And so 280,000 teach- The Congressional Budget Office How can we walk away from a pro- ers could have been brought back into today estimated that the Affordable posal? Oh, I know why: Because there the classroom had the American Jobs Care Act, over the next 10 years, will were those who spoke before cameras Act passed. reduce the deficit by $109 billion. In the reaching all of America saying any- b 2030 thing this President offers, we won’t 20 years going out, because of the cost Mr. TONKO. containment in this system, the Af- do; our goal is to make him a one-term Mr. TONKO. Yes, they are both sig- fordable Care Act will reduce the def- President. My friends, that is putting nificant bits of legislation, so it’s good icit by over $1 trillion. Now, that’s partisan politics—petty, partisan poli- to interlace the American Jobs Act and worth engaging. That’s worth us doing. tics ahead of the interests, the better the Affordable Care Act. And simultaneously provide far better interests of the American public. To the 280,000 teachers, I think it’s health care to Americans and far bet- Where is that American spirit? Where very easy to state that the human inter access to health care wherever they is that sense of patriotism? Where is frastructure in our school systems may need it across this Nation. It’s a that sense of responsibility, of leader- across this Nation are a critical compo- good thing. ship in this House and in the U.S. Sen- nent to quality education, that per- When they want to stand up here and ate that needs to go forward with the sonal relationship of students to teach- say ObamaCare, I’m going, you’re American Jobs Act? er, the exercise of self-discovery—who right, Obama cares—cares deeply about Representative GARAMENDI, I know am I, what are my gifts, what are my the very health of every single Amer- we’ve been joined by another colleague. talents, what are my passions. That is ican. That’s why the Affordable Care It is just great to share this hour with exercised in the classroom. That is a Act is in place today, was found to be you to talk about the progress we can spirit that prevails. It’s a magic that constitutional, does reduce the deficit, taste that would lift every community happens in the classroom and that and does provide quality health care in this great Nation. sense of self-discovery. and choice of where you want to get Mr. GARAMENDI. I was reading one Part of our goal here is not only to your medical care. of the Hill magazines—often called the enable these students to understand Mr. TONKO. My colleague from Cali- Hill rags—and they said that the who they are, to draw forth the soul of fornia just indicated that there would Speaker of this House starts off his the individual; it’s to provide the op- be a favorable deficit outcome because weekly press conference by asking: portunity for our workforce of the fu- of the Affordable Care Act. Where are the jobs? Well, the jobs, Mr. ture.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.120 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5192 CONGRESSIONAL RECORD — HOUSE July 24, 2012 That fourth-grader, hypothetically, tories, their classrooms are antiquated. going to return them lucrative divi- that was impacted by class size or the They don’t have air conditioning, dends. lack of a teacher for certain subject many, many other problems. The We saw the failure of those policies. areas, that’s something that child will American Jobs Act provided money for Why would we go back down that road, never gain again. What you lose in that 35,000 schools across the United States which seems to be what the Republican given year is lost throughout the devel- to be upgraded, to be rehabilitated so plan, the Republican budget, is all opment. And it is important for us to that 250,000 jobs would have been cre- about? make certain that every bit of oppor- ated right there. Mr. GARAMENDI. Excuse me for in- tunity, every bit of learning experience Before we go any further, I know terrupting, but if you look at the Ryan is granted our children so that they un- you’re all worried, oh, it’s going to in- Republican budget, it would cut edu- derstand where they can best con- crease the deficit. The American Jobs cation and other services by 33 percent. tribute to society, where their gifts can Act would increase the deficit. No, it So instead of investing in our children, be utilized. would not. investing in re-educating and helping And it’s part of that development of Mr. TONKO, you spoke earlier about our workforce learn new skills, they the workforce of the future, the work- when people go to work, the economy would cut it by 33 percent. force of the present, training, retrain- gets going, money is circulated, taxes In transportation, the Ryan Repub- ing dollars, that are part of the Amer- are paid. lican budget would cut transportation ican Jobs Act, absolutely a critical The other part of it is, the American funding by 25 percent, even when we piece of the infrastructure. Jobs Act was fully paid for by ending know that our infrastructure gets a D And the tens of thousands—this chart unnecessary tax subsidies to companies because of potholes, because the will say retain thousands of police offi- that don’t need it, specifically the oil bridges are failing. So why would you cers and firefighters. We know it’s tens industry. The wealthiest industry in cut the transportation budget by 25 of thousands across this Nation. An the world would lose its tax breaks percent? element of public safety, a quality-of- that amount to over $16 billion, and If you want to put Americans back to life component, making certain that that money would come back to pay work, you don’t do it that way. our core communities have the given for Americans going back to work. And you did talk about Moody Ana- workforce of firefighters, of police offi- There are other things. The top end lytics already. It doesn’t work. cers that will enable us to respond to tax, at the very top end, the wealthiest Now, I’m going to just pick up one public safety measures. 2 percent would see their taxes go back more thing. I’m on the House Armed These are a core bit of principle, to where they were during the Clinton Services Committee, and we heard tes- along with veterans that would be period. This is how the American Jobs timony last week from the CEO of hired with benefits that are significant. Act was going to be paid for. Lockheed Martin, and the CEO of That element was done under pressure, Mr. TONKO. EADS, and also from two other wit- under scrutiny, under growing public Mr. TONKO. I think it’s interesting nesses. And they said this: you cut the sentiment. But think of what could too because we’re talking about the budget for defense, and you’re going to happen if we did all of these and did jobs created that impact the unemploy- lay off 2 million people. That’s part of even additional services with our vet- ment rate, that impact the reduction erans who are returning home and are the sequestration. of the deficit. So here you have the top CEOs of in need of employment. In contrast, the Ryan budget, which These are the factors, these are the America’s big huge companies saying we’ve talked about many times, the dynamics that are introduced through don’t cut the budget because you are Republican plan for this House, that’s AJA, the American Jobs Act, that going to lay Americans off. You’re been adopted by Republicans that are would allow for the deficit to be ad- going to lose up to 2 million jobs. in leadership and running for Presi- dressed and at the same time to have And yet for the last 2 years, our Re- dent, would, in contrast, according to services responded to, essential serv- publican friends have been trying to the Economic Policy Institute, the ices. cut the budget. Not in defense, but in We’ve talked about the belt-tight- cuts in services would result in a re- everything else, arguing that that will ening, addressing waste and ineffi- duction of 1.3 million jobs in the first somehow create jobs. year and 2.8 million jobs in the second ciency and outmoded programs and b 2040 fraud. And after we capture those sav- year. However, testimony received last ings from that exercise, it’s important, Mr. GARAMENDI. Excuse me, 4.1 week from the CEOs of three large I believe, to slide that into an invest- million jobs total. ment zone so that the result is cut Mr. TONKO. So when you contrast American corporations and one smaller where you can, so as to invest where we that, that cut in jobs, the cuts that corporation said categorically, If you must. would be part of the Republican budget cut the budget, we’ll lay people off— The investment, absolutely critical. plan, adopted by this House, would creating unemployment. The investment in jobs, the investment grow the deficit because if we’re argu- The American Jobs Act puts people in teachers, firefighters, public safety ing that employment reduces the def- back to work, and it is fully paid for. elements, our police officers, our vet- icit, unemployment, in contrast to the Mr. TONKO. Earlier, I think you had erans community, and items like an in- American Jobs Act, would drive up the made mention of modernizing our frastructure bank bill, an infrastruc- deficit. It’s going back to the failed schools and that part of the American ture that we’ll talk about in the re- policies of the past. Jobs Act includes the investment in maining minutes of this Special Order. We’ve fought two wars that were the revitalizing of our schools, some Mr. GARAMENDI. Well, let me just never put on budget. We offered tril- 35,000 schools across this Nation. The pick up a little more on the education. lions in tax cuts that we couldn’t af- statistics are there. People document, The most important investment any ford, and we avoided talking about pay- historically, what investments in re- society will ever make is the education ing for the war. Did we think there furbishing our schools have meant. For of their children and the re-education wasn’t going to be a crash? every $1 billion of investment, we can of their workforce. Did we think that that behavior grow some 9,000 to 10,000 jobs. That’s In the American Jobs Act there are wouldn’t come with a price? the start of the story. So what we have the 280,000 teachers that would have Of course it had to extract a price here, the modernization of schools, been in the classroom this entire year. from the American society, and it was would create some 250,000 jobs. As I They’re not there today because the loss of 8.2 million jobs; it was the said, that’s just the start of the story. there’s been no movement on this floor loss of as many as 800,000 jobs a month. What happens after that? to even debate in committee, let alone It was about bringing America’s econ- Maintenance costs and operating take up a vote on this floor, the Amer- omy to its knees and draining trillions costs are reduced because you might ican Jobs Act. of dollars from households that trusted have energy efficiency embraced in Also, many of the schools across that their investment with the private that restructuring. You’ll have better, America are run down. Their labora- sector, with the financial industry was more efficient weather-type situations,

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.122 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5193 more comfortable situations for stu- I have a piece of legislation that sumer behavioral transitioning that dents in which to learn, which is im- we’ve been working on, and it’s actu- enables us to grow American independ- portant. ally getting some legs and moving ence in the energy generation business. Mr. GARAMENDI. Mr. TONKO, you along. It’s part of Make It in America. Why are we sending tens and hun- might actually have bathrooms that Our tax dollars have been used in the dreds of billions of dollars over to un- work. You might actually have a place past to buy foreign-made solar sys- friendly nations to the United States where kids would want to be. You’ll tems, wind turbines, trains, buses, for our dependency on fossil-based fuels have a school that has a decent paint light rail vehicles. My legislation says, when, in fact, we can encourage renew- job, air conditioning. Kids would want if it’s our tax money, then, by golly, ables here and energy efficiency, uti- to be in that school. Yet we have it’s going to be spent on American- lizing that as our fuel of choice to schools across this Nation where you made equipment, bringing our tax dol- make certain that we reduce demand wouldn’t want to be and I wouldn’t lars home so that we buy American, so that then reduces bills that then allows want to be, and I certainly wouldn’t that we Make It in America once the competitiveness of our businesses want my kids in that classroom. again. When we Make It in America, to be all the sharper? Those are the Mr. TONKO. They’re typical danger America will make it. sorts of things in which we want to in- zones with ceilings falling and poorly Mr. TONKO, I know that you are also vest, and it’s the going forward from upheld infrastructure. into this with some pieces of legisla- that point. The jobs—the absolute jobs of a tion that you have, and maybe you’ll How about our infrastructure bank 250,000 count—would benefit, again, the want to talk about those. We can re- bill that would leverage public and pri- economy. These operating costs are rebuild the American middle class by re- vate monies and that would stretch our duced, and they theorize that it could building America’s manufacturing opportunities to respond to that defi- be in the neighborhood of $100,000 a base. That’s where you create wealth. cient infrastructure of which you year. Now, think of what you can do lo- Maybe it’s in the food services. Maybe spoke? These are important measures. cally with that. That might mean two it’s in the manufacturing of wine or in This is the sort of cutting-edge oppor- teachers, or it might mean 200 more the manufacturing of food or auto- tunity—the investment, the pioneer computers, or it might mean 5,000 text- mobiles or light rails or solar systems. spirit again. books. It’s a way to invest by bal- We can do it, but we need to have in We can learn from our American ancing those savings with the invest- place smart government policies. story. There have been those golden ment in children—in our future and our I beg my Republican colleagues to moments when we have hit bottom. present—because our children rep- take a look at this. Don’t just assume There were those golden moments resent our future and our present. It is it’s a Democratic idea. Make this an when we were tremendously challenged a respect toward our children. American idea, a Democrat and Repub- and when we rose to the occasion in These are, I think, in keeping with lican idea, to change our policies so tough times, primarily tough times, by the old American spirit—the pioneer that we can rebuild the American mid- responding with a tough agenda that spirit—to enable us to dream bold dle class by making things in America said, look, true grit here will get us to dreams and to encourage our young- once again. the finish line—and it happened. It sters to pursue these career paths and Mr. TONKO. A couple of things come happened with Medicare. It happened to develop, again, the workforce of the to mind legislatively. with the Erie Canal, of which we often new millennium, in which we are going What about investing, as the AJA speak. to be asked to compete in a global mar- does, in community colleges—the cam- Mr. GARAMENDI. Social Security. ketplace where there are investments pus of choice across this Nation? The Mr. TONKO. Again, Social Security. going on around the world. Now is not associate degree is a very important, You’re absolutely right. the time to cut our commitment to our valuable bit of material to have in children and to our society and our one’s hand. We are going to rely heav- The President lifted this Nation, and competitiveness as a business commu- ily on those associate degrees, and he made certain that all families would nity. So it all comes together in a very community colleges need our assist- have at least a foundation upon which structured sense, in a very comprehen- ance. They are also there as the oper- they could grow, upon which they sive plan. ational center of training and retrain- could live in this society. It addressed Mr. GARAMENDI. Mr. TONKO, there ing programs. the dignity factor, which has made us is one additional piece to this puzzle, What about investments in tech- unique as an American society: caring and that is that the Democrats have nology? investments in research? in- about our fellow man, caring about the been putting forth for the last 2 years vestments in alternative energy sup- men and women of this great Nation in a project which we call Make It in plies that give us an opportunity to a way that created an American soci- America. This is the rebuilding of the grow independent? ety, a sense of community—we the peo- American manufacturing sector. Twen- Mr. GARAMENDI. Excuse me for in- ple—talking of us in a community ty-five years ago, there were just under terrupting. sense, a neighborliness, neighborhoods 20 million Americans employed in man- Before you came to the House of Rep- and societies speaking in a compas- ufacturing. These were the middle class resentatives, that was your work in sionate way, caring about one another. jobs. Now there are just over 11 mil- New York, wasn’t it? That’s when we’re at our best. lion. We’ve seen the hollowing out— Mr. TONKO. Absolutely. Mr. GARAMENDI. If we’re going to we’ve seen the outsourcing—of Amer- I was energy chair at the State as- really be caring about the American ican manufacturing jobs. sembly for the last 15 of my 25 years in worker going back to work, we also There were actually policies in place the legislature, but then went over as need to be very cognizant of inter- before the Democrats in 2010 took con- president and CEO with NYSERDA, the national competition. trol of this and ended tax breaks for New York State Energy Research and You spoke earlier about the need for American corporations that outsourced Development Authority. We made it our workforce to be competitive, which jobs. They actually were able to reduce our goal to advance research, to make is the education process—K–12, voca- their taxes by sending jobs overseas. certain that we would incubate these tional education, community colleges. We ended about $12 billion of those ideas—these innovations, the cutting- They’re exceedingly important. Also crazy, unnecessary, destructive tax edge technology—that translate into important is that there be fairness in breaks. Now the President has sug- jobs. Research equals jobs. the international trade situation, that gested that we put in place the remain- I have advanced legislation that we look not just for free trade but fair ing $4 billion. End those tax breaks, would slide subsidies that are given to trade. which is ending the rewarding of com- the historically profit-rich in the ten- One of the things that we really must panies for outsourcing jobs. Turn it ure of capitalism—our goal here is to address is the threat of China’s unfair around and reward companies for in- not feed the profit margin of our oil trade practices. The Chinese currency sourcing, for bringing those jobs back companies—over to cutting-edge tech- is undervalued; and as a result of that, home. nology, renewables, providing for con- they have a 20 to 25 percent advantage.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.124 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5194 CONGRESSIONAL RECORD — HOUSE July 24, 2012 b 2050 do what they contend it will do. It Oregon (Mr. BLUMENAUER) for 30 min- You eliminate that, and the Amer- doesn’t produce the results. We would utes. ican worker will be competitive. love that to be the case, but it doesn’t Mr. BLUMENAUER. Mr. Speaker, I We have one of the pieces of legisla- produce the result. They said that we appreciate the opportunity to be here tion in the Make It In America pack- are really in need of legislation that this evening following my good friends age that the Democrats are putting will advance jobs. and their interesting discussion. forward which is forcing China to end Tonight, this discussion about pro- I wanted to spend a couple of mo- its currency manipulation. When it viding the tools, putting additional ments this evening talking about re- ends its currency manipulation and al- tools into the kit that makes American form. lows the value of its currency to rise to industry competitive, speaks to our Reform has been a major focus of my appropriate parity, we will be able to humble beginnings. So many people public service career beginning as a be competitive. You can bet why the travel to these shores. Their journey citizen volunteer, working as a State Chinese don’t want to do it. They want was about the dream, a noble dream, legislator, a local official. I was pleased that unfair trade advantage. That’s one an American Dream that they were to be part of innovation in my native of the pieces of legislation that we put going to make it here. That was our State of Oregon in areas of tax reform, forward. humble beginning, and we enabled peo- transportation innovation, environ- When the Democrats controlled Con- ple to experience the rags-to-riches mental protection, land use, and gov- gress a year and a half ago, we pushed scenario. We allowed for generations to ernment structure. I am pleased to have been able to a bill out of here that would force sanc- continue to grow and prosper and build take some of the lessons that I learned tions on China if they continued their upon the success that preceded them. in Oregon here to our Nation’s Capital, currency manipulation. Since the Re- Today, sadly, our middle class is working in Congress in areas of energy, publicans have taken control of the weakening household income-wise. The bicycles, flood insurance, health care House of Representatives, that legisla- next generation may be the first to go reform. For me, that’s exciting and en- tion has died, has never even come up backward. The President is trying to ergizing. That’s what makes me a little for a vote on the floor. It ought to move us forward, with great resistance disappointed, to say at the very least, come up for a vote. We need fair trade in this House to reject progressive poli- with what’s happening in this session practices. cies. of Congress. We need to use our tax money to buy We say: Let’s build upon the success American-made equipment and sup- It’s sad to see that today in the of the past. Let’s reach to those shin- House the focus is not taking the Af- plies. We need to educate our ing moments when we were challenged workforces. These are investments in fordable Care Act where the questions as a nation and produce the best out- of its constitutionality have been set- the American middle class. This is how comes. That can happen again here if we can restore the middle class of tled by the Supreme Court and moving we open up to what’s best for America forward to accelerate its implementa- America. Health care is part of it also. and not resort to petty partisan poli- You talked earlier about health care tion. Instead, the efforts are to slow it tics that want to deny a Presidency, down, to repeal, to put sand in the and the availability of health care for that want to deny opposition that working men and women. We also need gears. Not without a constructive al- comes forward with constructive quali- ternative mind you, but just to be to make sure that those jobs are there. ties to do it in a better way, to build The American automobile industry is against the reform that’s on the books. the consensus. instructive on this count. It is instruc- It’s depressing to see repeated at- We need to move forward on behalf of tive in that the U.S. Government and tacks on environmental protections, the nobleness of the American Dream. the leadership of President Obama ac- something that Americans care deeply With heart and soul poured into the ef- tually allowed the American auto- about that makes a difference to the forts here in this House, we can achieve motive industry to continue to even quality of life of our communities, the and grow that middle class, purchasing survive. Using the stimulus program, strength of our economy, the health of the President stepped forward and said, power enhanced for the middle class, our families. I will not allow the American auto- opportunities for our middle class. A It has been unfortunate that we were motive industry to die, and he put our strong middle class means a strong given by this Congress earlier this year tax money behind General Motors and America. Let’s go forward. what has been described, I think appro- Chrysler. Those companies are now Representative GARAMENDI, thank priately, as the most partisan trans- thriving. And it’s not just those com- you for leading us in this hour. portation bill in history, and certainly panies. It is the thousands upon thou- Mr. GARAMENDI. Mr. TONKO, thank the worst, undoing 20 years of transpor- sands of manufacturers across this Na- you very much for your passion on this tation reform. Luckily, it collapsed tion and others who supply all of the issue, and thank you for your compas- under its own weight, but we were left parts and all of the services. Think sion for the American people. We can with a pale 2-year extension, and we’re where we would be today if Congress make it. We can make it in America. soon going to be right back where we had not given the President the power We need good and wise policies to do started. and if this President did not have the that. You can’t do it by cutting, cut- We’re watching, more recently, ef- courage to take up saving the Amer- ting, and cutting. You have to do it by forts that deal with agriculture in ican automobile industry. investing, investing, investing. terms of the reauthorization of the Presidential politics come here. Mr. The American public understands. farm bill, an opportunity to reform, to Romney says he would not have done They really do understand that we’re a be able to save money, to improve the it. Okay. President Obama did it, and great Nation. There is no greater na- health of our citizens and the economic the American automobile industry is tion in the world. We need the kind of viability of America’s farmers and strong and vibrant today, and the policies that will put Americans back ranchers. Instead, the bill that has American middle class is back to work. to work and keep them healthy. passed out of the committee in the Mr. TONKO, we must be about out of I want to thank those of you that are House would concentrate even more time. listening to this hour of discussion on subsidy in the hands of fewer wealthy Mr. TONKO. Yes, we’re down to our health care and on jobs in America. farmers and short-circuit the needs of last 4 minutes. Mr. TONKO, thank you very much, Americans who eat, people who care I always find these discussions to be and, Mr. Speaker, I yield back the bal- about animal welfare, about the envi- interesting because there’s all this ance of our time. ronment, and, most importantly, about rhetoric out there about 30 bills that f the welfare of the vast majority of have been advanced by the majority in REFORM American farmers who, sadly, would the House and that it’s the salvation have been shut off. that’s going to produce jobs and get The SPEAKER pro tempore (Mr. America working again. HARRIS). Under the Speaker’s an- b 2100 Major analysts have reviewed that nounced policy of January 5, 2011, the It looks now that the bill is so pre- legislative agenda and said it doesn’t Chair recognizes the gentleman from carious that it may not even come to

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.126 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5195 the floor of the House, backtracking on and small town areas, with great tradi- was it actually artificially reduces the efforts to rein in and reform military tions. But it’s no secret that for many Federal Government deficit because spending, when just last year there was communities and the people who live these payments are credited to Federal a bipartisan agreement to deal with re- there, it’s a struggle. They have high accounts. Even though the post office ducing the deficit that was balanced unemployment, as young people leave has been an independent agency since between spending for military and non- and the population ages. There are real 1971, operating without subsidy, these military accounts. And now we see peo- challenges in terms of connectivity, ac- moneys are credited to the Federal ple retreating from that goal in the cess to broadband for over 26.2 million Treasury and are used to try to dis- military appropriations bill that Americans, three-quarters of them liv- guise the true size of our deficit. There passed, despite aggressive bipartisan ing in rural America. is no reason to accelerate the efforts to rein it in, and it is moving Now, I think it is important moving prefunding of this obligation of 75 forward as a lost opportunity. forward, dealing with the changes to years to make it occur here in the Well, it’s in that context, Mr. Speak- the postal service, to think about the course of this 10-year window. er, that I wanted to discuss the issues implications for this part of America Mr. Speaker, I think it’s important that surround the postal service. It’s that often gets lots of rhetoric but not to point out, after putting it in this not by any stretch of the imagination the attention that it deserves. context, that this is an artificial crisis. that I’m not interested in changing The postal service in rural and small The post office, if it weren’t for this ex- how we do business. I think that’s im- town America provides services in traordinary, unnecessary, and unprece- portant across the board. I have dem- terms of people being able to get access dented prefunding requirement, would onstrated that with my past work, and to not just mail services and a sense of actually not be hemorrhaging red ink. by word and deed and what I do politi- community, tying people together, a In fact, it’s very close to being self-suf- cally. sense of identity, but it is a source of ficient, and it does so despite the con- I often find myself in agreement with good-paying, family wage jobs that straints that Congress has placed on some of the editorial positions from play an outside role in this part of the the postal service. Because, bear in The Washington Post and The New United States. mind, even though it doesn’t get sup- York Times. They’re moving forward It is important in terms of being able port, the Congress has kept a very with an urgent effort to move legisla- to access immigration forms, passport short leash on what the postal service tion that would dramatically scale services. These are items that are, in can do. It doesn’t have the flexibility down the postal service, to cut a large some instances, difficult for people in to run like a business, to adjust its number of facilities and suspend 6-day rural and small town America. pricing, to be able to adjust its product service, assuming that those are the And also, as we are watching the ex- mix, to take advantage of the fact that only alternatives available for us going plosion of online shopping, which is there is a skilled workforce of over forward. playing a larger and larger role in the 500,000 people and has more facilities Well, as I say, I will be the last per- American economy, it’s even more sig- around the country than McDonald’s, son to argue that we should not do nificant in rural and small town Amer- Walmart, and Starbucks combined. business differently, but it seems to me ica. The postal service often provides b 2110 that it’s past time for us to take a step that last mile for transactions that We don’t give them the freedom and back and take a hard look at this so- take place via the Internet—increas- the flexibility to move forward to take called postal crisis and at potential so- ingly for senior citizens who rely on advantage of that platform. lutions and their implications. mail order pharmacy services to be Now, you don’t have to be very cre- Mr. Speaker, it is important to note, able to get their prescriptions through ative to think of ways that we might from the outset, that the postal service the mail. be able to work together to be able to has played a vital role in the develop- Looking at the wide range of activi- slightly modify the services that are ment of the United States. It dates ties that make a difference for rural provided, and give them more flexi- back to the beginning of our country. and small town America, I think it’s bility on the implementation of their The first Postmaster General was Ben- important for us to consider what the service. It is important, I think, to be jamin Franklin. The service was estab- implications are going to be for them. able to think about what this lished 236 years ago. And the postal Now, there are those that say, well, connectivity means for the American service actually has been involved, wait a minute. They’ll just have to pay public. If we somehow eliminated the when we let it, with a variety of inno- the price because we are facing a fund- postal service, turned it over to the vations. ing crisis in the post office. It’s bump- private sector, cut down more dramati- There are those who are concerned ing up against a $15 billion debt limit. cally in terms of what the offerings that today, with the advent of email, Bills are coming due. And we have no are, does anybody think we would be that it has somehow made it impos- alternative but to move forward with able to send a first-class letter from sible for the postal service to move for- dramatic reductions in service, includ- the Florida Keys to Nome, Alaska for ward in this climate. Well, it’s inter- ing Saturday service and closing facili- 44 cents? The post office moves about esting. The postal service has been able ties. 40 percent of the mail in the entire to survive the telegraph, the fax ma- Well, it’s important to reflect on world. chine. It has, in fact, been part of the what is the nature of the current fund- Now there are those that say look at innovation. Airmail service was part of ing crisis that faces the post office. Germany, it has been privatized. Well, what the postal service did to help Sadly, it is largely a manufactured cri- look at Germany. Germany is a coun- launch the aviation industry in this sis. The impending funding deadline is try that is smaller than Montana, big- country. And we have, today, a pattern simply a result of the legislation in ger than Wyoming, just to put it in the of development of the transcontinental 2006, which was a compromise—a reluc- context of size. It is very densely popu- railroad service and the nature of the tant compromise, but it included a pro- lated, and it still charges more than 10 postal service, itself, tying together vision that would require the postal percent higher than we do in the American communities. service to prefund its health insurance United States, and they are competi- Part of what I think is important for costs for retirees who haven’t yet been tive internationally, globally. The Ger- us to focus on is the role that the post- hired—75 years in the future—and re- man postal service is doing business in al service plays in rural and small town quired that funding to be made over the United States, competing with Fed America. It’s an important part of the course of 10 years. Ex, our postal service, and UPS. It is rural and small town America in Or- Well, thinking about that for a mo- an extraordinary resource that I think egon and around the Nation, and these ment, Mr. Speaker, this is actually a is worthy of consideration of what communities are facing times of eco- device that is not necessary. No other we’ve got and how we do it. nomic stress and isolation. business or government agency is re- Mr. Speaker, as I stated from the The post office plays an outside role. quired to do it 75 years into the future. outset, I happen to believe in reform. I Many people revel in the quality of And, in fact, part of the charm for the believe that we need to do business dif- life. It’s very desirable in many rural people who devised this a few years ago ferently, whether it is how we deal

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I would spect what we’ve got, think about the tioned, and others we have not ex- hope that in Congress we can return to alternatives, and have a discussion plored. the days where we actually had regular where the interests—whether they are And last but not least, before we order and we discussed things like this direct mail, they are marketing, they make changes, I think we ought to be in committee, that every bill wasn’t a are online shopping, they are people in sure that we know that they are going partisan vehicle, and when there was terms of the pharmaceutical industry, to get what is advertised because, de- give and take and challenging one an- senior citizens, rural and small town spite all of the rhetoric, we have the other in terms of ways it could be done America—let’s get in and talk about lowest cost, most efficient postal serv- better, and listening to a wide variety this, find out not by declaring war ice in the world, moving 40 percent of of opinions. And I say by all means against postal employees, but working the traffic, doing it very cost effec- allow a wide variety of opinions to with them in a cooperative fashion to tively, despite the fact that Congress, come forward to talk about the future find out suggestions that they have in in its wisdom, has tied the hands of the of the postal service. I think that’s terms of moving forward, and looking postal service, dictated rates, told healthy. I welcome it. I’ve spent a lot at what this tremendous resource that them what they could close or not of time talking to people on the Postal we have, what the value is. close, and changes course repeatedly. Rate Commission. I’ve talked to lead- I’m in the State of Oregon, where b 2120 ership in the management of the postal now all of our ballots are done by di- I would hope we could do a better job service, postal employees, people who rect mail. It is a way to improve effi- working with our partners there and are customers, and competitors of the ciency and lower cost for local govern- the people who depend on it to make postal service. I want to explore these ments. Broader application of mail-in this part of an area where we figure out issues. ballots would improve the security, the how to do business differently, because I’m absolutely convinced that the inefficiency, and cost savings. We have I think there are opportunities not terests that are involved with the post- barely scratched the surface of that. al service, broadly defined, including There have been deep concerns, and I only to save money but to take advan- its unions and employees, understand note that we had a somber observance tage of this resource. I think it ought to be done thoughtfully, I think it that there is going to be more change today about the death of a couple of ought to be done soon, and I appreciate taking place in the future. That there our employees, guards who were the opportunity to discuss it here this are some adjustments where there is gunned down on this day in 1998. We’ve evening. probably more capacity than we need, lived through eras where there were I yield back the balance of my time. there will be changes going forward. concerns about anthrax, about oppor- We want to be careful and selective tunities that some may be involved f about what we do. But I go back to my with bioterrorism. And there have been THE MUSLIM BROTHERHOOD point about the impact it will have on scares about pandemics. Well, it may INQUIRY rural and small town America. I want well be in our future that there would The SPEAKER pro tempore. Under to be sure that the changes that we unbe great value to having a network the Speaker’s announced policy of Jan- dertake don’t make great difficulty for that reaches 150 million addresses six uary 5, 2011, the Chair recognizes the people who don’t have the access that times a week with a skilled workforce gentleman from Texas (Mr. GOHMERT) some of us who live in metropolitan that can turn that around in a matter for 30 minutes. areas have, people who are connected of hours. Mr. GOHMERT. Mr. Speaker, there’s to the Internet and people who have You don’t have to stretch your been a great deal of wailing and gnash- ready access to other resources. imagination very far to think of acts of ing of teeth, it seems lately, in re- I think it is important that when disease or terror where that network sponse to a letter that five of us signed people are talking about reducing the may well make a difference. We’re find- to five different inspectors general, five sixth day of service, that they think ing oftentimes in communities that it’s different departments of the U.S. Gov- about the implications for individuals the postal worker who is alert to prob- ernment. Despite the effort to distract, who depend on that. For many people lems within a family or somebody that despite the wild accusations that have who work and get packages that are is missing and not showing up. They come about five separate letters that important to them, being able to have are eyes and ears that do not just vol- were quite factual, set out things that them delivered on Saturday is impor- unteer projects but connect people. were footnoted, documented as true, we tant, and particularly when you look Let’s think about the value of that net- were simply asking inspectors general at holidays that go over weekends, the work before we start to unravel it. of the different departments if they difficulty of delivery of things like Mr. Speaker, I will conclude where I would investigate about potential Mus- medicine is not a trivial question. And began. I think everybody whose is priv- lim Brotherhood effects within those the fact that the postal service is in a ileged to serve in this Chamber needs departments. sense a partner with some of its private to think about how we do business dif- I have been amazed. Out of five let- sector competitors, cutting back on ferently. I think we need to be open to ters to five different departments, each that service, what it does with those arguments, questions, evidence, to be one of them different, each one of them competitor-partners and what it does able to squeeze more value out of the dealing with facts that were in each with people who are marketing public dollar, to use the resources to particular department, we have been through the Internet, through the protect the vitality and livability of met with this frenzy from some quar- mail, this needs careful consideration. our communities, and to build partner- ters, including some of the mainstream It is interesting as people dive into ships and relationships. And I welcome media, to demonize people that are just the numbers behind the elimination of the discussion that we’re having with simply asking questions. Actually, we Saturday service. You’re eliminating 17 the postal service in the media and used to have a mainstream media that percent of the postal capacity and it here in Congress. But I would hope, Mr. would ask questions. would only save 2, maybe 3 percent, Speaker, we could do it in a way that Also, when you look at the fact that and there would be costs associated is thoughtful and broad-based. I would in 1995, the defendants charged with in- with that. It is kind of interesting. I hope that we would be able to look at volvement in the 1993 first World Trade would like us to think about what it what the postal service has provided Center bombing were tried, and as the does to the business model, if you’re for 236 years. I would hope that we prosecutor, the Federal prosecutor in going to eliminate 17 percent of the would think about the value of the that case, a brilliant guy named An- service and you save a couple percent workforce. It’s not just over a half-mil- drew McCarthy has set out in one of in operation; particularly, as I men- lion family wage jobs that makes a big his articles, we proved, we introduced tioned, that we constrain what they difference, particularly in small town evidence and proved beyond a reason- charge and we have an artificial finan- and rural America, but these are people able doubt that the intention of these cial barrier with the 75-year pre-fund- who have a skill set and a distribution people, these radical Islamist groups, ing of health care. across the country which has other val- was to bring down this country.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.130 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5197 As Andy has properly asked, since we his speech. I don’t know if it’s still up. ing in October last year about that, proved beyond a reasonable doubt to a Like I said, it’s on the White House and she points out that actually she great group of jurors in New York Web site. And Denis McDonough, the has another individual in charge of the about the effort of these radical number two guy, the deputy national Countering Violent Extremism Work- Islamists, Islamic jihadists, to bring security adviser, thanks President ing Group, so she doesn’t really know if down America, what’s happened since Imam Magid, the president of ISNA, they have Muslim Brotherhood mem- 1995 that all of a sudden this adminis- the named co-conspirator for sup- bers as a part of that. tration says, oh, no, forget what was porting terrorism, for the wonderful I asked her this question: All right. proved beyond a reasonable doubt to prayers he gave at the Iftar celebration Are you aware that the president of New Yorkers in 1995 and been upheld, in the White House the August before, ISNA, Imam Magid, is a member of you can’t believe that? Don’t look at Iftar being the celebration that con- that working group. Correct? the factual evidence behind the cur- cludes Ramadan. Secretary Napolitano: I can’t answer tain, for heaven’s sake; just look at So we know the President of the larg- that that is an accurate statement. what we’re telling you, and we’re tell- est, according to evidence in the Holy So she doesn’t know whether the ing you there is no Muslim Brother- Land Foundation, the largest Muslim president of what’s been established in hood involvement in America, and Brotherhood front trial, the president court as the largest Muslim Brother- there’s no Muslim Brotherhood effect gets invited to the White House to do hood front group in America is part of or influence in this administration. prayers for their Iftar celebration. And her advisory group at Homeland Secu- But that is deeply troubling because we also know Denis McDonough rity. we know from the Holy Land Founda- thanked Iman Magid for the wonderful Of course it was interesting in our tion trial in Dallas, that was well tried introduction there at the All Dulles hearing last week, she also indicated in 2008, and convictions on over 100 dif- Area Muslim Society. that there had not been a terrorist that ferent charges, and they established, So it’s a little troubling not only had been allowed into the White House they named defendants, proved beyond that this influence is there, but then with the Egyptian recent group, when a reasonable doubt about the charges when five Members of Congress raise a we had been reading in the paper that of their support for terrorism, and they question, how about an investigation there had—of course, that may not be a also named numerous parties as co- to see what this influence is? Because good source because they were main- conspirators in support of terrorism, we know minds are changing, although stream papers—but we had been read- and the Justice Department was in- the evidence has not changed that was ing that there was a member of a volved in that, the Attorney General’s introduced in 1995 and 2008. known terrorist group that was al- Office was involved, and they proved Our good friend down the Hall, Sen- lowed into the White House and that he beyond a reasonable doubt that there ator MCCAIN, chastised us. Yet, if you used that platform to lobby for the re- were Muslim Brotherhood groups who believe quotes, and sometimes you lease of the blind sheik who had as- were supporting terrorism in America. can’t, but he was quoted as saying at sisted in planning the 1993 World Trade At least they proved beyond a reason- the beginning of the trouble in Egypt Center bombing. able doubt the defendants were in- that he was, and he used the word, ac- So I thought it might be helpful, Mr. volved in supporting terrorism, and cording to the article, unalterably op- Speaker, tonight to just touch base re- then basically—it might be deemed or posed to any support for the Muslim garding the timeline that Investors called a preponderance of the evi- Brotherhood. Business Daily sponsored. It was an dence—that others who were not in- editorial. It was dated July 19, 2012, b 2130 dicted, but were named, such as CAIR posted at 6:46 p.m. eastern time. And it and ISNA, the Islamic Society of North Well, if that was the word then, the can be found at investors.com, Mr. America, in that case, the evidence was word now is altered unalterability be- Speaker. But it’s entitled, ‘‘How produced to establish that the Islamic cause it appears that he sees no prob- Obama Engineered Mideast Society of North America is the largest lem with what’s going forward. If he Radicalization.’’ And then it goes Muslim Brotherhood front group in does, then my apologies if he now ob- through, and after preliminary para- America. jects to any assistance to the Muslim graphs, it just sets out a timeline for And some of us who simply signed a Brotherhood. But it’s my impression things that have happened. letter asking questions? Look, how that he didn’t have a problem with this I hope my friends, who have been so about doing an investigation to see administration’s help to Egypt now. quick to condemn and ridicule, and what the influence of the Muslim So when we see the things that have even people who are on committees Brotherhood is in this administration? gone on—the things that have been in- who should know about these things Because previously, including through troduced and proven in court and the and should know about the evidence in the prosecution in November of 2008 of Fifth Circuit saying, no, you cannot the Holy Land Foundation trial where the largest terrorism support allega- strike those names from the pleading Muslim Brotherhood ties were estab- tions in American history, it was es- because there’s sufficient evidence to lished, and they should know about the tablished the Muslim Brotherhood is establish that they were supporting proof in 1995 at the World Trade Center alive and well and having influence in terrorism, so, no, you can’t strike first trial of the defendants that did America. those named co-conspirators from the that. I would think they would be wel- Yet, the Islamic Society of North pleadings—and somehow five Members coming, since there are many people America’s President, Imam Magid, has of Congress are the bad guys for saying who are not aware of what the evidence been a guest at the White House, and, let’s investigate. was in those. They would welcome in fact, if someone, I guess because What influence has this group had— input from someone as well versed as they regularly don’t do their home- and I know from back in my ques- the prosecutor from the 1995 World work, were to check, as I have in the tioning of the Secretary of Homeland Trade Center trial. past, I don’t know if it’s still there, Security last October, when I was ask- So this is from Investors Business there were a couple of times I checked ing if it was true that there were some Daily, an editorial. It says: in the past couple of years, but if you members of the Muslim Brotherhood The Obama record: After angry Egyptians were to check with the White House who were part of her Countering Vio- pelted her motorcade with shoes chanting Web site, you would find that the num- lent Extremism Working Group that ‘‘Leave!,’’ Secretary of State Clinton insisted ber two person in the National Secu- advises Homeland Security on how to the U.S. wasn’t there to take sides. Too late. rity Administration, the Deputy Na- deal with what some of us would call ‘‘I want to be clear that the United States tional Security Adviser, Denis ‘‘radical Islamic jihad,’’ but which is not in the business, in Egypt, of choosing McDonough, was giving a speech to a Homeland Security now calls ‘‘violent winners and losers, even if we could, which of course we cannot,’’ Hillary Clinton intoned group called ADAMS—I’m sure John extremism’’—apparently not wanting earlier this week. Adams appreciated the reference—but to offend people who are wanting to Of course, the administration could, and it ADAMS, the All Dulles Area Muslim commit radical Islamic jihad on our did, picking and even colluding with the Society, and there is the transcript of country. But I asked her in that hear- Muslim Brotherhood. And one of its

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.132 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5198 CONGRESSIONAL RECORD — HOUSE July 24, 2012 hardliners, Mohammed Morsif, now sits in time associate of Brotherhood apologists— they waited till after a conviction, the presidential palace, where he refused to gives Brotherhood and other Egyptian when the Justice Department was the shake unveiled Clinton’s hand. Islamists special training to prepare for the one that was gathering this evidence. This administration favored Islamists over post-Mubarak elections. They’d been gathering it for years. secularists and helped them overthrow Hosni 2011: The Brotherhood wins control of And I was amazed that they seemed Mubarak, the reliable U.S. ally who had out- Egyptian Parliament, vows to tear up lawed the terrorist Brotherhood and honored Egypt’s 30-year peace treaty with Israel and surprised—or whether or not they were the peace pact with Israel for three decades. reestablishes ties with Hamas, Hezbollah. surprised, they didn’t do anything to The Brotherhood, in contrast, has backed 2011: Obama gives Mideast speech demand- sever ties with CAIR, which seems to Hamas and called for the destruction of ing Israel relinquish land to Palestinians, be, with the ACLU, the most influen- Israel. while still refusing to visit Israel. tial in getting this administration to Now the administration is dealing with the And parenthetically, we know that purge its training documents for the consequences of its misguided king-making. the administration has now said if people that are supposed to protect us, Officials fear the new regime could invite al we’ll just give him another term, then of anything that might be considered Qaeda, now run by an Egyptian exile, back offensive to someone who was a Muslim into Egypt and open up a front with Israel the next 4 years he will go see Israel. Back to the article: Brotherhood member or Islamist. along the Sinai. Result: more terrorists and Now, I’ve visited with Muslims higher gas prices. 2011: Justice Department pulls plug on fur- abroad. A man named Massoud, whose In fact, it was Hillary’s own Department ther prosecution of U.S.-based Brotherhood that helped train Brotherhood leaders for the front groups identified as collaborators in brother was assassinated just within 36 Egyptian elections. Behind the scenes, she conspiracy to funnel millions to Hamas. hours of 9/11, I consider him a friend. and the White House made a calculated deci- 2011: In a shocking first, the State Depart- He knows about sacrifice. sion and took step-by-step actions to effec- ment formalizes ties with Egypt’s Brother- The State Department said they sim- tively sell out Israel and U.S. interests in hood, letting diplomats deal directly with ply could not spare the security to get the Mideast to the Islamists. Brotherhood party officials in Cairo. me and anyone else to a meeting with The untold story of the ‘‘Arab Spring’’ is April 2012: The administration quietly re- our Muslim friends who have fought that the Obama administration secretly leases $1.5 billion in foreign aid to the new with Americans, buried their loved helped bring Islamofascists to power. Con- Egyptian regime. ones like Americans have from fighting sider this timeline: June 2012: Morsi wins presidency amid 2009: The Brotherhood’s spiritual leader— in Afghanistan, these are our friends. widespread reports of electoral fraud and And I told our State Department, Sheik Yusuf Qaradawi—writes an open letter voter intimidation by gun-toting Brother- to Obama arguing terrorism is a direct re- hood thugs, including blockades of entire that’s fine; I talked to Massoud, and sponse to U.S. foreign policy. streets to prevent Christians from going to he’s sending a security vehicle, and I 2009: Obama travels to Cairo to deliver the polls. The Obama administration turns a am certainly willing to put my life in apologetic speech to Muslims and infuriates blind eye, recognizes Morsi as victor. his hands because I trust him. He’s a the Mubarak regime by inviting banned June 2012: In a victory speech, Morsi vows Muslim friend. Brotherhood leaders to attend. Obama delib- to instate shari’ah law, turning Egypt into I told them I was going, after we fin- erately snubs Mubarak, who was neither an Islamic theocracy, and also promises to ished meeting with our troops. And present nor mentioned. He also snubs Israel free jailed terrorists. He also demands after we met with our troops, I was ad- during Mideast trip. Obama free World Trade Center terrorist and vised, we’ve arranged for an American 2009: Obama appoints a Brotherhood-tied Brotherhood leader, Omar Abdel-Rahman, Islamist—Rashad Hussain—as U.S. envoy to security vehicle to take you, and we aka the Blind Sheik, from U.S. prison. have contacted Mr. Massoud to let him the Organization of the Islamic Conference, June 2012: State grants visa to banned which supports the Brotherhood. Egyptian terrorists who joins a delegation of know we would get you to the meeting. We should never be afraid of Mus- The Organization of Islamic Con- Brotherhood officials from Egypt. They’re lims, but we should be afraid of Muslim ference, by the way, the OIC, it isn’t in all invited to the White House to meet with extremists that want to take over our the article, but it is composed of 57 Obama’s deputy national security adviser, who listens to their demands for the release country and destroy our way of life. It states. Fifty-seven Muslim states make of the blind sheik. is critical that our intelligence, our up the OIC, and that’s what is being re- Justice Department, those who are ferred to there. By the way, in the hearing last week, when I asked our Secretary of Home- supposed to be protecting us, even in 2010: State Department lifts visa ban on the White House, that they know the Tariq Ramadan, suspected terrorist and land Security about that incident, widely reported, even the mainstream difference between our Muslim friends Egyptian-born grandson of Brotherhood and those who want to subvert the de- founder Hassan al-Banna. media was reporting it, that a member 2010: Hussein meets with Ramadan at of a known terrorist organization was mocracy in America. I make no apologies for that. I can’t. American-sponsored conference attended by given access to the White House, she U.S. and Brotherhood officials. indicated that it just wasn’t true, ap- I took an oath to defend this Constitu- tion. I can’t apologize for loving Amer- 2010: Hussein meets with the Brotherhood’s parently, not knowing the news that ica enough that I will recognize those grand mufti in Egypt. was happening just across town from 2010: Obama meets one-on-one with Egypt’s who are Muslim friends and those who her Department. foreign minister, Ahmed Aboul Gheit, who are not. later remarks on Nile TV: ‘‘The American In any event, back to the article: With that, Mr. Speaker, I yield back President told me in confidence that he is a July 2012: Obama invites Morsi to visit the the balance of my time. Muslim.’’ White House this September. 2010: The Brotherhood’s supreme guide The Muslim Brotherhood’s sudden ascend- f calls for jihad against the U.S. ancy in the Mideast didn’t happen organi- LEAVE OF ABSENCE cally. It was helped along by a U.S. Presi- 2011: Qaradawi calls for ‘‘days of rage’’ By unanimous consent, leave of ab- against Mubarak and other pro-Western re- dent sympathetic to its interests over those gimes throughout Mideast. of Israel and his own country. sence was granted to: Ms. JACKSON LEE of Texas (at the re- Now, that’s the Investor’s Business b 2140 quest of Ms. PELOSI) for today between Daily editorial from July 19 of 2012. 1 and 5 p.m. on account of attending a 2011: Riots erupt in Cairo’s Tahrir Square. I was shocked to previously find out Crowds organized by the Brotherhood de- memorial service for her former chief mand Mubarak’s ouster, storm buildings. that it was not until 2009 that our FBI of staff. 2011: The White House fails to back long- sent a letter saying they were sus- Mr. REYES (at the request of Ms. time ally Mubarak, who flees Cairo. pending their relationship, one place it PELOSI) for today on account of med- 2011: White House sends intelligence czar, referred, I believe the word ‘‘partner’’ ical reasons. James Clapper, to Capitol Hill to whitewash with CAIR, CAIR being a named co-de- f the Brotherhood’s extremism. Clapper testi- fendant related to Muslim Brotherhood fies the group is moderate, ‘‘largely secular.’’ activity and related to support for ter- ENROLLED BILL SIGNED 2011: Qaradawi, exiled from Egypt for 30 rorism abroad. years, is given a hero’s welcome in Tahrir Karen L. Haas, Clerk of the House, Square, where he raises the banner of jihad. It referred to the convictions in the reported and found truly enrolled a bill 2011: Through his State Department office, 2008 Holy Land Foundation trial and of the House of the following title, William Taylor—Clinton’s special coordi- the evidence that was introduced at which was thereupon signed by the nator for Middle East transitions and a long- the trial, but what shocked me is that Speaker:

VerDate Mar 15 2010 04:44 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K24JY7.134 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5199 H.R. 2527. An act to require the Secretary [Docket No.: OSHA-2011-0184] (RIN: 1218- Records Administration, transmitting the of the Treasury to mint coins in recognition AC65) received July 12, 2012, pursuant to 5 Administration’s final rule — The Inter- and celebration of the National Baseball Hall U.S.C. 801(a)(1)(A); to the Committee on Edu- agency Security Classification Appeals of Fame. cation and the Workforce. Panel (ISCAP) Bylaws, Rules, and Appeal 7039. A letter from the Deputy Director for f Procedures [NARA-12-0003] (RIN: 3095-AB76) Policy, Pension Benefit Guaranty Corpora- received July 9, 2012, pursuant to 5 U.S.C. ADJOURNMENT tion, transmitting the Corporation’s final 801(a)(1)(A); to the Committee on Oversight rule — Benefits Payable in Terminated Sin- and Government Reform. Mr. GOHMERT. Mr. Speaker, I move gle-Employer Plans; Interest Assumptions 7050. A letter from the Acting Assistant that the House do now adjourn. for Paying Benefits received June 21, 2012, Secretary, Department of the Interior, trans- The motion was agreed to; accord- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Vehi- ingly (at 9 o’clock and 49 minutes mittee on Education and the Workforce. cles and Traffic Safety — Bicycles [NPS- p.m.), under its previous order, the 7040. A letter from the Secretary, Depart- WASO-REGS-9886; 2465-SYM] (RIN: 1024- House adjourned until tomorrow, ment of Energy, transmitting A report on AD97) received July 3, 2012, pursuant to 5 Wednesday, July 25, 2012, at 10 a.m. for the Voluntary Commitments to Reduce In- U.S.C. 801(a)(1)(A); to the Committee on Nat- dustrial Energy Intensity, pursuant to 42 ural Resources. morning-hour debate. U.S.C. 15811 Public Law 109-58, section 106(f); 7051. A letter from the Secretary, Depart- f to the Committee on Energy and Commerce. ment of the Interior, transmitting the De- 7041. A letter from the Director, Regula- EXECUTIVE COMMUNICATIONS, partment’s report entitled ‘‘Proposed Final tions Policy and Management Staff, Depart- Outer Continental Shelf (OCS) Oil and Gas ETC. ment of Health and Human Services, trans- Leasing Program (PRP) for 2012-2017’’; to the Under clause 2 of rule XIV, executive mitting the Department’s final rule — Effec- Committee on Natural Resources. communications were taken from the tive Date of Requirement for Premarket Ap- 7052. A letter from the Director, Adminis- proval for an Implantable Pacemaker Pulse trative Office of the United States Courts, Speaker’s table and referred as follows: Generator [Docket No.: FDA-2011-N-0522] re- transmitting the Office’s report on applica- 7031. A letter from the Under Secretary ceived July 9, 2012, pursuant to 5 U.S.C. tions for orders authorizing or approving the Rural Housing Service, Department of Agri- 801(a)(1)(A); to the Committee on Energy and interception of wire, oral, or electronic com- culture, transmitting the Department’s final Commerce. munications and the number of orders and rule — Single Family Housing Guaranteed 7042. A letter from the Director, Regula- extensions granted or denied during calendar Loan Program (RIN: 0575-AC90) received July tions Policy and Management Staff, Depart- year 2011, pursuant to 18 U.S.C. 2519(3); to the 9, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to ment of Health and Human Services, trans- Committee on the Judiciary. the Committee on Agriculture. mitting the Department’s final rule — Effec- 7053. A letter from the Federal Liaison Of- 7032. A letter from the Administrator, De- tive Date of Requirement for Premarket Ap- ficer, Department of Commerce, transmit- partment of Agriculture, transmitting the proval for a Pacemaker Programmer [Docket ting the Department’s final rule — Changes Department’s final rule — Tart Cherries No.: FDA-2011-N-0526] received July 9, 2012, to Implement Miscellaneous Post Patent Grown in the States of Michigan, et al.; In- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Provisions of the Leahy-Smith America In- creasing the Primary Reserve Capacity and mittee on Energy and Commerce. vents Act [Docket No.: PTO-P-2011-0072] Revising Exemption Requirements [Doc. No.: 7043. A letter from the Chief, Policy and (RIN: 0651-AC66) received July 9, 2012, pursu- AMS-FV-11-0092; FV12-930-1 FR] received Rules Division, Federal Communications ant to 5 U.S.C. 801(a)(1)(A); to the Committee July 12, 2012, pursuant to 5 U.S.C. Commission, transmitting the Commission’s on the Judiciary. 801(a)(1)(A); to the Committee on Agri- final rule — Amendment of the Commission’s 7054. A letter from the Federal Liaison Of- culture. Rules to Provide Spectrum for the Operation ficer, Department of Commerce, transmit- 7033. A letter from the Administrator, De- of Medical Body Area Networks [ET Docket ting the Department’s final rule — Changes partment of Agriculture, transmitting the No.: 08-59] received July 10, 2012, pursuant to to Implement the Preissuance Submissions Department’s final rule — Avocados Grown 5 U.S.C. 801(a)(1)(A); to the Committee on by Third Parties Provision of the Leahy- in South Florida; Decreased Assessment Energy and Commerce. Smith America Invests Act [Docket No.: Rate [Doc. No.: AMS-FV-11-0094; FV12-915-1 7044. A letter from the General Counsel, PTO-P-2011-0073] (RIN: 0651-AC67) received IR] received July 12, 2012, pursuant to 5 Federal Energy Regulatory Commission, July 9, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); U.S.C. 801(a)(1)(A); to the Committee on Ag- transmitting the Commission’s final rule — to the Committee on the Judiciary. riculture. Integration of Variable Energy Resources 7055. A letter from the Secretary, Depart- 7034. A letter from the Secretary, Depart- [Docket No.: RM10-11-000; Order No. 764] re- ment of Health and Human Services, trans- ment of Defense, transmitting a letter on the ceived July 11, 2012, pursuant to 5 U.S.C. mitting the Department’s determination on approved retirement of General Ann E. 801(a)(1)(A); to the Committee on Energy and a petition on behalf of workers from the Dunwoody, United States Army, and her ad- Commerce. Feed Materials Production Center (FMPC) in 7045. A letter from the Assistant Legal Ad- Fernald, Ohio be added to the Special Expo- vancement to the grade of general on the re- visor for Treaty Affairs, Department of sure Cohort (SEC), pursuant to the Energy tired list; to the Committee on Armed Serv- State, transmitting report prepared by the Employees Occupational Illness Compensa- ices. Department of State concerning inter- tion Program Act of 2000 (EEOICPA); to the 7035. A letter from the Assistant to the national agreements other than treaties en- Committee on the Judiciary. Board, Board of Governors of the Federal Re- tered into by the United States to be trans- 7056. A letter from the Attorney General, serve System, transmitting the System’s mitted to the Congress within the sixty-day Department of Justice, transmitting notifi- final rule — Supervised Securities Holding period specified in the Case-Zablocki Act; to cation that the Department has determined Company Registration (RIN: 7100-AD81) re- the Committee on Foreign Affairs. not to file a petition for a writ of certiorari ceived July 5, 2012, pursuant to 5 U.S.C. 7046. A letter from the Senior Vice Presi- in Red Earth LLC et al. v. United States of 801(a)(1)(A); to the Committee on Financial dent and Chief Financial Officer, Federal America et al., Nos. 10-3165-CV(L), 10-3191- Services. Home Loan Bank of New York, transmitting CV(XAP), 10-3213-CV(XAP), 657 F.3d 138 (2d 7036. A letter from the Acting Director, Of- the 2011 management report of the Federal Cir. Sept. 20, 2011); to the Committee on the fice of Legislative Affairs, Federal Deposit Home Loan Bank of New York, pursuant to Judiciary. Insurance Corporation, transmitting the 31 U.S.C. 9106; to the Committee on Over- 7057. A letter from the Deputy Director, Of- Corporation’s final rule — Calculation of sight and Government Reform. fice of State, Local & Tribal Affairs, Office of Maximum Obligation Limitation (RIN: 1505- 7047. A letter from the Senior Vice Presi- National Drug Control Policy, transmitting AC36) received July 9, 2012, pursuant to 5 dent and Chief Financial Officer, Federal High Intensity Drug Trafficking Areas U.S.C. 801(a)(1)(A); to the Committee on Fi- Home Loan Bank of San Francisco, trans- (HIDTA) Program Report to Congress, pursu- nancial Services. mitting the 2011 management report and ant to Public Law 109-469; to the Committee 7037. A letter from the Counsel for Regu- statements on system of internal controls of on the Judiciary. latory and External Affairs, Federal Labor the Federal Home Loan Bank of San Fran- 7058. A letter from the Secretary, Depart- Relations Authority, transmitting the cisco, pursuant to 31 U.S.C. 9106; to the Com- ment of Transportation, transmitting the Authority’s final rule — Representation Pro- mittee on Oversight and Government Re- Department’s eighth report on the break- ceedings, Unfair Labor Practice Proceedings, form. down of the disability-related complaints and Miscellaneous and General Require- 7048. A letter from the President and Chief that U.S. and foreign passenger air carriers ments received July 5, 2012, pursuant to 5 Executive Officer, Federal Home Loan Bank operating to and from the U.S. received dur- U.S.C. 801(a)(1)(A); to the Committee on Edu- of Seattle, transmitting the 2011 manage- ing 2011; to the Committee on Transpor- cation and the Workforce. ment report and statements on the system of tation and Infrastructure. 7038. A letter from the Director, Direc- internal controls of the Federal Home Loan 7059. A letter from the Director of Regula- torate of Standards and Guidance, Occupa- Bank of Seattle, pursuant to 31 U.S.C. 9106; tion Policy and Management, Office of the tional Safety and Health Administration, to the Committee on Oversight and Govern- General Counsel, Department of Veterans Af- transmitting the Administration’s final rule ment Reform. fairs, transmitting the Department’s final — Updating OSHA Standards Based on Na- 7049. A letter from the Deputy Archivist of rule — Dependency and Indemnity Com- tional Consensus Standards; Head Protection the United States, National Archives and pensation Payable to a Surviving Spouse

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A24JY7.038 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE H5200 CONGRESSIONAL RECORD — HOUSE July 24, 2012 with One or More Children Under Age 18 Bartosz Kumor (Rept. 112–617). Referred to of the United States, and for other purposes; (RIN: 2900-AO38) received July 9, 2012, pursu- the Private Calendar. to the Committee on Armed Services, and in ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. SMITH of Texas: Committee on the Ju- addition to the Committee on Transpor- on Veterans’ Affairs. diciary. H.R. 824. A bill for the relief of Dan- tation and Infrastructure, for a period to be 7060. A letter from the Director of Regula- iel Wachira (Rept. 112–618). Referred to the subsequently determined by the Speaker, in tion Policy and Management, Office of the Private Calendar. each case for consideration of such provi- General Counsel, Department of Veterans Af- Mr. SMITH of Texas: Committee on the Ju- sions as fall within the jurisdiction of the fairs, transmitting the Department’s final diciary. H.R. 823. A bill for the relief of committee concerned. rule — Dependency and Indemnity Com- Maria Carmen Castro Ramirez and J. By Mr. ROONEY (for himself, Mr. BILI- pensation (DIC) Benefits for Survivors of Refugio Carreno Rojas (Rept. 112–619). Re- RAKIS, Mr. SCHRADER, and Mr. BAR- Former Prisoners of War Rated Totally Dis- ferred to the Private Calendar. BER): abled at Time of Death (RIN: 2900-AO22) re- Mr. SMITH of Texas: Committee on the Ju- H.R. 6171. A bill to amend title 38, United ceived July 9, 2012, pursuant to 5 U.S.C. diciary. H.R. 794. A bill for the relief of Allan States Code, to require the Secretary of Vet- 801(a)(1)(A); to the Committee on Veterans’ Bolor Kelley (Rept. 112–620). Referred to the erans Affairs to consider the resources of in- Affairs. Private Calendar. dividuals applying for pension that were re- 7061. A letter from the Secretary, Depart- Mr. SMITH of Texas: Committee on the Ju- cently disposed of by the individuals for less than fair market value when determining ment of Health and Human Services, trans- diciary. H.R. 357. A bill for the relief of the eligibility of such individuals for such mitting the Department’s Annual Report On Corina de Chalup Turcinovic (Rept. 112–621). pension, and for other purposes; to the Com- Child Welfare Outcomes 2007-2010, pursuant Referred to the Private Calendar. mittee on Veterans’ Affairs. to Public Law 105-89, section 203(a) (111 Stat. Mr. SMITH of Texas: Committee on the Ju- By Mr. MCKINLEY (for himself, Mr. 2127); to the Committee on Ways and Means. diciary. H.R. 316. A bill for the relief of Es- RAHALL, Mr. GRIFFITH of Virginia, 7062. A letter from the Chief, Publications ther Karinge (Rept. 112–622). Referred to the Mr. HOLDEN, Mrs. LUMMIS, Mrs. CAP- and Regulations, Internal Revenue Service, Private Calendar. ITO, Mr. JOHNSON of Ohio, Mr. ALT- transmitting the Service’s final rule — f MIRE, Mr. COSTELLO, and Mr. CAR- Treatment of Income from Certain Govern- DOZA): ment Bonds for Purposes of the Passive For- PUBLIC BILLS AND RESOLUTIONS H.R. 6172. A bill to prohibit the Adminis- eign Investment Company Rules [Notice trator of the Environmental Protection 2012-45] received July 3, 2012, pursuant to 5 Under clause 2 of rule XII, public bills and resolutions of the following Agency from finalizing any rule imposing U.S.C. 801(a)(1)(A); to the Committee on any standard of performance for carbon diox- Ways and Means. titles were introduced and severally re- ide emissions from any existing or new 7063. A letter from the Chief, Publications ferred, as follows: source that is a fossil fuel-fired electric util- and Regulations, Internal Revenue Service, By Mr. CAMP (for himself, Mr. HER- ity generating unit unless and until carbon transmitting the Service’s final rule — Ap- GER, Mr. SAM JOHNSON of Texas, Mr. capture and storage is found to be techno- plicable Federal Rates — February 2012 (Rev. BRADY of Texas, Mr. RYAN of Wis- logically and economically feasible; to the Rul. 2012-7) received July 3, 2012, pursuant to consin, Mr. DAVIS of Kentucky, Mr. Committee on Energy and Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on REICHERT, Mr. BOUSTANY, Mr. ROS- By Mr. NEUGEBAUER (for himself, Ways and Means. KAM, Mr. GERLACH, Mr. PRICE of Mr. SMITH of New Jersey, Mr. AKIN, 7064. A letter from the Director, Office of Georgia, Mr. BUCHANAN, Mr. SCHOCK, Mr. LATTA, Mr. HARRIS, Mr. Regulations, Social Security Administra- Ms. JENKINS, Mr. BERG, Mrs. BLACK, NUNNELEE, Mr. HUELSKAMP, Mr. tion, transmitting the Administration’s final Mr. REED, Mr. TIBERI, Mr. NUNES, Mr. PEARCE, Mr. LANDRY, Mr. GRIFFIN of rule — Extension of Expiration Dates for SMITH of Nebraska, Mr. PAULSEN, Mr. Arkansas, Mr. POMPEO, Mr. LAMBORN, Several Body System Listings [Docket No.: MARCHANT, and Mr. DOLD): Mrs. SCHMIDT, Mr. MARCHANT, Mr. SSA-2012-0024] (RIN: 0960-AH49) received July H.R. 8. A bill to extend certain tax relief HULTGREN, Mr. LANKFORD, Mr. 5, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to provisions enacted in 2001 and 2003, and for RENACCI, Mr. HUIZENGA of Michigan, the Committee on Ways and Means. other purposes; to the Committee on Ways Mr. BROUN of Georgia, Mr. SCALISE, 7065. A letter from the Acting Under Sec- and Means, and in addition to the Committee Mr. MICA, Mr. SAM JOHNSON of Texas, retary and Deputy Secretary, Departments on the Budget, for a period to be subse- Mr. PAUL, Mrs. HARTZLER, Mr. GOH- of Defense and Veterans Affairs, transmit- quently determined by the Speaker, in each MERT, Mr. FLORES, Mr. BURTON of In- ting Veterans Affairs and Department of De- case for consideration of such provisions as diana, Mr. JONES, Mrs. BLACK, Mr. fense Joint Executive Council Fiscal Year fall within the jurisdiction of the committee MILLER of Florida, Mr. BRADY of 2011 Annual Report, pursuant to 38 U.S.C. concerned. Texas, Mr. FLEMING, Mr. OLSON, Mrs. 8111(f); jointly to the Committees on Armed By Mr. HASTINGS of Washington: ROBY, Mr. CANSECO, and Mr. POE of Services and Veterans’ Affairs. H.R. 6168. A bill to direct the Secretary of Texas): H.R. 6173. A bill to amend the General Edu- 7066. A letter from the Inspector General, the Interior to implement the Proposed cation Provisions Act to prohibit Federal Department of Health and Human Services, Final Outer Continental Shelf Oil & Gas education funding for elementary schools transmitting a report entitled, ‘‘Part D Leasing Program (2012-2017) in accordance and secondary schools that provide on-cam- Plans Generally Include Drugs Commonly with the Outer Continental Shelf Lands Act Used by Dual Eligibles: 2012’’; jointly to the pus access to abortion providers; to the Com- and other applicable law; to the Committee mittee on Education and the Workforce. Committees on Energy and Commerce and on Natural Resources. By Mr. CARTER (for himself, Mr. ROSS Ways and Means. By Mr. DREIER (for himself, Mr. CAMP, of Arkansas, Mrs. MCMORRIS ROD- 7067. A letter from the Acting Secretary of Mr. SESSIONS, Mr. BISHOP of Utah, GERS, Mr. BARROW, Mr. RIBBLE, Mr. Commerce, Department of Commerce, trans- Mr. WOODALL, Mr. NUGENT, Mr. SCOTT SMITH of Washington, Mr. CUELLAR, mitting the annual report on the activities of South Carolina, Mr. WEBSTER, Mr. Mr. CALVERT, Mr. SENSENBRENNER, of the Economic Development Administra- ROSKAM, Mr. BRADY of Texas, Mr. Mr. LONG, Mr. HINOJOSA, Mr. CHABOT, tion for Fiscal Year 2011, pursuant to 42 BERG, Mr. REED, Mr. SMITH of Ne- Mr. BARTON of Texas, Mr. BISHOP of U.S.C. 3217; jointly to the Committees on braska, Mr. SCHOCK, Mr. DAVIS of Utah, Mr. LUETKEMEYER, Mr. Transportation and Infrastructure and Fi- Kentucky, Ms. JENKINS, Mrs. BLACK, WALBERG, Mr. SCOTT of South Caro- nancial Services. Mr. HERGER, Mr. GERLACH, Mr. SAM lina, Mr. LATTA, Mr. DIAZ-BALART, 7068. A letter from the Assistant Secretary, JOHNSON of Texas, Mr. BOUSTANY, Mr. Department of Defense, transmitting a legis- and Mr. HUIZENGA of Michigan): TIBERI, and Mr. MARCHANT): H.R. 6174. A bill to amend section 403 of the lative proposal that the Department requests H.R. 6169. A bill to provide for expedited Federal Food, Drug, and Cosmetic Act to im- be enacted during the second session of the consideration of a bill providing for com- prove and clarify certain disclosure require- 112th Congress; jointly to the Committees on prehensive tax reform; to the Committee on ments for restaurants, similar retail food es- Armed Services, Foreign Affairs, Energy and Rules. tablishments, and vending machines; to the Commerce, and Intelligence (Permanent Se- By Mr. CUMMINGS (for himself, Mr. Committee on Energy and Commerce. lect). LANDRY, Mr. RAHALL, Mr. LARSEN of By Mr. KILDEE (for himself, Mr. GRI- f Washington, Mr. THOMPSON of Mis- JALVA, Mr. HINCHEY, Mr. SABLAN, Mr. sissippi, Ms. HANABUSA, Mr. RICH- TONKO, Ms. BORDALLO, Ms. RICHARD- REPORTS OF COMMITTEES ON MOND, Mr. GRIMM, Mr. BISHOP of New SON, Mr. CONYERS, Mr. DAVID SCOTT PUBLIC BILLS AND RESOLUTIONS York, and Mrs. MILLER of Michigan): of Georgia, Ms. NORTON, Mr. LUJA´ N, Under clause 2 of rule XIII, reports of H.R. 6170. A bill to amend title 46, United Ms. EDWARDS, Mrs. MCCARTHY of New committees were delivered to the Clerk States Code, to reinstate provisions requir- York, Mr. KIND, Ms. HIRONO, and Mr. ing that a percentage of aid provided by the MARKEY): for printing and reference to the proper Secretary of Agriculture or the Commodity H.R. 6175. A bill to authorize studies of cer- calendar, as follows: Credit Corporation in the form of certain ag- tain areas for possible inclusion in the Na- Mr. SMITH of Texas: Committee on the Ju- ricultural commodities or their products tional Park System, and for other purposes; diciary. H.R. 1857. A bill for the relief of must be transported on commercial vessels to the Committee on Natural Resources.

VerDate Mar 15 2010 03:26 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\L24JY7.000 H24JYPT1 pwalker on DSK7TPTVN1PROD with HOUSE July 24, 2012 CONGRESSIONAL RECORD — HOUSE H5201 By Mr. BOUSTANY (for himself and tural and other programs of the Department Article 1, Section 8: The Congress shall Mr. PRICE of Georgia): of Agriculture through fiscal year 2017, and have Power To lay and collect Taxes, Duties, H.R. 6176. A bill to amend the Social Secu- for other purposes; to the Committee on Imposts and Excises, to pay the Debts and rity Act to permit hospitals to make incen- Rules. provide for the common Defence and general tive payments to physicians to promote f Welfare of the United States; quality and efficiency; to the Committee on By Mr. CARTER: Energy and Commerce, and in addition to MEMORIALS H.R. 6174. the Committees on Ways and Means, and the Under clause 4 of rule XXII, Congress has the power to enact this legis- Judiciary, for a period to be subsequently de- lation pursuant to the following: termined by the Speaker, in each case for 256. The SPEAKER presented a memorial Article I, Section 8, Clause 3 of the Con- consideration of such provisions as fall with- of the Senate of the State of Colorado, rel- stitution in the jurisdiction of the committee con- ative to Senate Joint Resolution No. 12-003 The Congress shall have Power *** To regu- cerned. memorializing the Congress to amend 26 late Commerce with foreign Nations, and By Mr. BRALEY of Iowa: U.S.C. sec. 6033; to the Committee on Ways among the several States, and with the In- H.R. 6177. A bill to amend the Internal Rev- and Means. dian Tribes. enue Code of 1986 to increase the deduction f By Mr. KILDEE: for start-up expenditures for business for 2012 H.R. 6175. and 2013; to the Committee on Ways and CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- Means. STATEMENT lation pursuant to the following: By Mr. CHABOT (for himself, Mr. Pursuant to clause 7 of rule XII of Under Article I, Section 8, Clause 3 and Ar- CARNAHAN, Mr. WILSON of South the Rules of the House of Representa- ticle IV, Section 3, Clause 2 of the Constitu- Carolina, Mr. CONNOLLY of Virginia, tives, the following statements are sub- tion. Mr. POE of Texas, Mr. SMITH of Wash- By Mr. BOUSTANY: ington, Mr. MCCAUL, and Mr. CREN- mitted regarding the specific powers H.R. 6176. SHAW): granted to Congress in the Constitu- Congress has the power to enact this legis- H.R. 6178. A bill to direct the President to tion to enact the accompanying bill or lation pursuant to the following: establish an interagency mechanism to co- joint resolution. Clause 3 of Section 8 of Article 1 of the ordinate United States development pro- By Mr. CAMP: Constitution. grams and private sector investment activi- H.R. 8. Clause 1 of Section 8 of Article 1 of the ties, and for other purposes; to the Com- Congress has the power to enact this legis- Constitution. mittee on Foreign Affairs. lation pursuant to the following: Clause 18 of Section 8 of Article 1 of the By Mr. DOGGETT (for himself, Mr. Clause 1 of Section 8 of Article I of the Constitution. LEVIN, Mr. RANGEL, Mr. STARK, Mr. United States Constitution and Amendment By Mr. BRALEY of Iowa: MCDERMOTT, Mr. LEWIS of Georgia, XVI of the United States Constitution. H.R. 6177. Mr. NEAL, Mr. BECERRA, Mr. LARSON By Mr. HASTINGS of Washington: Congress has the power to enact this legis- of Connecticut, Mr. BLUMENAUER, Mr. H.R. 6168. lation pursuant to the following: PASCRELL, Ms. BERKLEY, Mr. CROW- Congress has the power to enact this legis- This bill is enacted pursuant to the power LEY, Mr. AL GREEN of Texas, Mr. lation pursuant to the following: granted to Congress under Article I, Section HINOJOSA, Ms. JACKSON LEE of Texas, Article IV, section 3, clause 2 8, Clause 18 of the United States Constitu- Mr. GONZALEZ, Mr. CUELLAR, Mr. By Mr. DREIER: tion. GENE GREEN of Texas, Ms. EDDIE BER- H.R. 6169. By Mr. CHABOT: NICE JOHNSON of Texas, Mr. VAN HOL- Congress has the power to enact this legis- H.R. 6178. LEN, Mr. GARAMENDI, and Mr. KIND): lation pursuant to the following: Congress has the power to enact this legis- H.R. 6179. A bill to amend the Internal Rev- lation pursuant to the following: enue Code of 1986 to extend for 1 year the Congress has the power to enact this legislation pursuant to Article I, section 5, clause Article 4, Section 3 of the United States American Opportunity Tax Credit and the Constitution. disregard of tax refunds for purposes of Fed- 2 (relating to the power of each House of Congress to determine the rules of its pro- By Mr. DOGGETT: eral, and federally-assisted, programs; to the H.R. 6179. Committee on Ways and Means. ceedings). By Mr. CUMMINGS: Congress has the power to enact this legis- By Mr. NEAL (for himself and Mr. GER- H.R. 6170. lation pursuant to the following: LACH): Article One, Section 8 and the 16th Amend- H.R. 6180. A bill to amend the Internal Rev- Congress has the power to enact this legis- ment of the Constitution. enue Code of 1986 to prevent the alternative lation pursuant to the following: By Mr. NEAL: minimum tax from effectively repealing the Article I, Section 8, Clause 1: ‘‘The Con- H.R. 6180. Federal tax exemption for interest on State gress shall have Power to lay and collect Congress has the power to enact this legis- and local private activity bonds; to the Com- Taxes, Duties, Imposts and Excises, to pay lation pursuant to the following: mittee on Ways and Means. the Debts and provide for the common Congress has the power to enact this legis- By Mr. NEAL (for himself, Mr. LEVIN, Defence and general Welfare of the United lation pursuant to Clause 1 of Section 8 of Mr. RANGEL, Mr. STARK, Mr. States.’’ Article I and the 16th Amendment to the MCDERMOTT, Mr. LEWIS of Georgia, And Article I, Section 8, Clause 14: ‘‘To U.S. Constitution. Mr. BECERRA, Mr. DOGGETT, Mr. LAR- make Rules for the Government and Regula- By Mr. NEAL: SON of Connecticut, Mr. BLUMENAUER, tion of the land and naval Forces.’’ H.R. 6181. Mr. PASCRELL, Ms. BERKLEY, and Mr. By Mr. ROONEY: Congress has the power to enact this legis- CROWLEY): H.R. 6171. lation pursuant to the following: H.R. 6181. A bill to amend the Internal Rev- Congress has the power to enact this legis- Congress has the power to enact this legis- enue Code of 1986 to extend certain improve- lation pursuant to the following: lation pursuant to Clause 1 of Section 8 of ments in the child tax credit and the earned Article 1, section 8. The Congress shall Article I and the 16th Amendment to the income tax credit, and for other purposes; to have the power to lay and collect taxes, du- U.S. Constitution. the Committee on Ways and Means. ties, imposts, and excises, to pay debts and By Mr. LARSON of Connecticut: By Mr. LARSON of Connecticut (for provide for the common defence and general H.J. Res. 115. himself and Mr. CLAY): welfare of the United States. H.J. Res. 115. A joint resolution supporting By Mr. MCKINLEY: Congress has the power to enact this legis- the establishment of a Presidential Youth H.R. 6172. lation pursuant to the following: Council; to the Committee on Education and Congress has the power to enact this legis- To make all Laws which shall be necessary the Workforce. lation pursuant to the following: and proper for carrying into Execution the By Mr. PERLMUTTER (for himself, According to Article I, Section 8, Clause 18 foregoing Powers, and all other Powers vested by this Constitution in the Government of Mr. COFFMAN of Colorado, Ms. of the Constitution: The Congress shall have the United States, or in any Department or DEGETTE, Mr. LAMBORN, Mr. POLIS, power to enact this legislation to make all Officer thereof. Mr. TIPTON, and Mr. GARDNER): laws which shall be necessary and proper for H. Con. Res. 134. Concurrent resolution carrying into Execution the foregoing Pow- f condemning, in the strongest possible terms, ers, and all other Powers vested by this Con- the heinous atrocities that occurred in Au- stitution in the Government of the United ADDITIONAL SPONSORS rora, Colorado; to the Committee on Over- States, or in any Department or Officer Under clause 7 of rule XII, sponsors sight and Government Reform. thereof. By Mr. BRALEY of Iowa: By Mr. NEUGEBAUER: were added to public bills and resolu- H. Res. 739. A resolution providing for con- H.R. 6173. tions as follows: sideration of the bill (H.R. 6083) to provide Congress has the power to enact this legis- H.R. 127: Mr. CHABOT and Mr. MCCAUL. for the reform and continuation of agricul- lation pursuant to the following: H.R. 303: Mr. HINOJOSA.

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H.R. 308: Mr. TIERNEY and Mr. PERL- H.R. 3252: Mr. BISHOP of New York. H.R. 6033: Ms. PINGREE of Maine. MUTTER. H.R. 3307: Mr. BILBRAY. H.R. 6046: Mr. HONDA, Mr. MCDERMOTT, and H.R. 458: Mr. BRADY of Pennsylvania, Mr. H.R. 3324: Ms. PINGREE of Maine. Mr. ACKERMAN. BUTTERFIELD, and Mr. DOYLE. H.R. 3356: Mr. DENHAM and Mr. REED. H.R. 6087: Mr. MCDERMOTT. H.R. 591: Mr. TIERNEY, Mr. SHERMAN, and H.R. 3395: Mr. OLSON. H.R. 6088: Mr. WESTMORELAND. Mr. LEWIS of Georgia. H.R. 3409: Mr. MURPHY of Pennsylvania. H.R. 6097: Mr. PALAZZO, Ms. JENKINS, and H.R. 733: Mr. RICHMOND. H.R. 3423: Mr. GIBSON and Mr. GRAVES of Mr. JOHNSON of Ohio. H.R. 831: Mr. HONDA. Missouri. H.R. 6101: Mr. LARSEN of Washington. H.R. 860: Mrs. BACHMANN and Mrs. BIGGERT. H.R. 3496: Mr. ELLISON. H.R. 6112: Mr. GRAVES of Georgia. H.R. 3497: Mr. RUPPERSBERGER, Mr. RAN- H.R. 905: Mr. THORNBERRY and Ms. LINDA T. H.R. 6128: Ms. CHU, Mr. GRIJALVA, Mr. GEL, and Mr. BILBRAY. SA´ NCHEZ of California. JOHNSON of Georgia, Mrs. NAPOLITANO, Mr. H.R. 3612: Mr. LARSON of Connecticut and H.R. 1032: Mr. GOHMERT, Mrs. SCHMIDT, and HONDA, Mr. HINOJOSA, and Mr. BACA. Mr. PALAZZO. Mr. GRAVES of Georgia. H.R. 6131: Mr. BASS of New Hampshire and H.R. 3658: Mr. REHBERG. H.R. 1206: Mr. MACK. Mr. DINGELL. H.R. 3661: Ms. SCHAKOWSKY, Ms. HIRONO, H.R. 1259: Mr. LANCE. H.R. 6134: Mr. FILNER. Mr. CARNAHAN, and Mr. HIMES. H.R. 1265: Mr. SMITH of New Jersey and Mr. H.R. 6138: Mr. SIRES, Mr. BLUMENAUER, and LIPINSKI. H.R. 3666: Mr. GARAMENDI and Mr. GIBSON. H.R. 3704: Mr. LIPINSKI. Mrs. MALONEY. H.R. 1283: Mr. FINCHER. H.R. 3729: Mr. KIND. H.R. 6139: Mr. RENACCI. H.R. 1284: Mr. SCHIFF. H.R. 3798: Mr. LIPINSKI. H.R. 6140: Mr. ISSA, Mr. MULVANEY, Mr. H.R. 1344: Mr. THOMPSON of California. H.R. 3805: Mr. FINCHER. SMITH of Nebraska, Mr. GINGREY of Georgia, H.R. 1370: Mr. CRENSHAW. H.R. 3849: Mr. GRAVES of Georgia. Mr. BUCHANAN, Mr. CHABOT, Mr. KING of H.R. 1426: Ms. BERKLEY. H.R. 4066: Mr. NUNNELEE. Iowa, Mr. BACHUS, Mrs. SCHMIDT, Mr. MUR- H.R. 1543: Mr. CICILLINE. H.R. 4070: Mr. MURPHY of Connecticut. PHY of Pennsylvania, and Mr. BROUN of Geor- H.R. 1546: Mr. DAVID SCOTT of Georgia, Mr. H.R. 4124: Mr. BRALEY of Iowa. gia. BOUSTANY, and Mr. REYES. H.R. 4157: Mrs. LUMMIS. H.R. 6148: Mr. GARDNER. H.R. 1621: Mr. KINZINGER of Illinois, Mr. H.R. 4158: Mr. CRAVAACK. H.R. 6167: Mr. DONNELLY of Indiana. CRAWFORD, Mr. PAULSEN, Mr. MARCHANT, and H.R. 4202: Ms. LEE of California. H. Con. Res. 129: Mr. WELCH and Mr. LIPIN- Mr. SABLAN. H.R. 4342: Mr. ROGERS of Alabama and Mrs. SKI. H.R. 1639: Mr. LOEBSACK. BIGGERT. H. Con. Res. 131: Mr. WAXMAN, Mrs. LOWEY, H.R. 1653: Mr. BACHUS and Mr. FLEMING. H.R. 4345: Mr. NUNNELEE. and Mrs. CHRISTENSEN. H.R. 1700: Mr. HECK. H.R. 4373: Mr. CRAWFORD. H. Res. 298: Mr. BUTTERFIELD. H.R. 1802: Mr. POSEY. H.R. 4405: Mr. MORAN, Mrs. SCHMIDT, and H. Res. 484: Mr. BERMAN. H.R. 1860: Mr. BOUSTANY and Mr. FILNER. Mr. NUNES. H. Res. 613: Mr. CARNAHAN. H.R. 1955: Mr. HOLT. H.R. 4467: Ms. RICHARDSON and Mrs. H. Res. 618: Mr. MILLER of North Carolina. H.R. 1980: Mr. HINCHEY. NAPOLITANO. H.R. 2077: Mr. DAVIS of Kentucky, Mr. H. Res. 652: Mrs. MYRICK and Mr. GON- H.R. 4965: Mr. DAVIS of Kentucky and Mr. CANSECO, Mr. RIGELL, and Mr. THOMPSON of ZALEZ. ROSS of Florida. H. Res. 694: Mr. CLAY. Pennsylvania. H.R. 5542: Mr. LIPINSKI, Ms. SCHAKOWSKY, H.R. 2104: Mr. NUNNELEE. H. Res. 704: Mr. STARK and Mr. WAXMAN. and Ms. EDWARDS. H.R. 2139: Mr. CLEAVER, Mr. PALLONE, Mr. H. Res. 713: Mr. AL GREEN of Texas, Mrs. H.R. 5707: Mr. HINOJOSA. MALONEY, Mr. MILLER of North Carolina, Ms. BARLETTA, and Ms. BONAMICI. IRONO H.R. 5729: Ms. H . WOOLSEY, Ms. MOORE, Mr. WELCH, Mr. FIL- H.R. 2342: Mr. CLAY. H.R. 5741: Mr. LUETKEMEYER. NER, Mr. DINGELL, Ms. EDDIE BERNICE JOHN- H.R. 2364: Ms. SPEIER. H.R. 5746: Mr. DOGGETT, Mr. DAVIS of Ken- SON of Texas, and Ms. CASTOR of Florida. H.R. 2479: Mr. GERLACH and Mr. DOYLE. tucky, and Mr. PRICE of Georgia. H.R. 2524: Mr. ANDREWS and Mr. HOLT. H.R. 5796: Mr. HULTGREN. H.R. 2600: Mr. SCOTT of South Carolina, Ms. H.R. 5817: Mr. GOSAR, Mr. JONES, Mr. HAR- f HANABUSA, Mr. BISHOP of New York, Ms. RIS, Mr. BARLETTA, Mr. SHERMAN, and Mr. HIRONO, and Mr. GOWDY. MEEKS. CONGRESSIONAL EARMARKS, LIM- H.R. 2649: Ms. CASTOR of Florida, Ms. EDDIE H.R. 5864: Ms. KAPTUR and Mr. CLARKE of ITED TAX BENEFITS, OR LIM- BERNICE JOHNSON of Texas, Mrs. NAPOLITANO, Michigan. ITED TARIFF BENEFITS and Mr. PLATTS. H.R. 5905: Mr. HOLT, Mr. SCHIFF, Mr. ELLI- H.R. 2655: Mr. HANNA and Mr. KIND. SON, Ms. PINGREE of Maine, Mr. VAN HOLLEN, Under clause 9 of rule XXI, lists or H.R. 2721: Mr. PIERLUISI. and Mr. COHEN. statements on congressional earmarks, H.R. 2772: Mr. BISHOP of New York. H.R. 5909: Mr. HASTINGS of Florida, Mr. limited tax benefits, or limited tariff H.R. 2773: Mr. HONDA. THOMPSON of Mississippi, Ms. RICHARDSON, benefits were submitted as follows: H.R. 2798: Mr. LYNCH. and Mr. TOWNS. H.R. 2800: Mr. LYNCH. H.R. 5925: Mr. GRAVES of Georgia. The amendment to be offered by Rep- H.R. 2954: Mr. GENE GREEN of Texas. H.R. 5942: Ms. HAYWORTH. resentative HASTINGS of Washington, or a H.R. 2997: Mrs. MYRICK and Mr. BACHUS. H.R. 5969: Mr. FLAKE. designee, to H.R. 6082, the congressional re- H.R. 3000: Mr. CRAWFORD. H.R. 5970: Mr. FLAKE. placement of President Obama’s energy-re- H.R. 3057: Mr. SCHILLING. H.R. 6000: Mr. LANKFORD. stricting and job-limiting offshore drilling H.R. 3087: Mr. LOEBSACK. H.R. 6009: Mr. PENCE. plan, does not contain any congressional ear- H.R. 3158: Mr. HULTGREN, Mr. PETERSON, H.R. 6012: Mr. LIPINSKI. marks, limited tax benefits, or limited tariff and Mr. FARENTHOLD. H.R. 6025: Mr. CANSECO and Mr. WESTMORE- benefits as defined in clause 9(d), 9(e), or 9(f) H.R. 3179: Mr. BROUN of Georgia. LAND. of rule XXI.

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Vol. 158 WASHINGTON, TUESDAY, JULY 24, 2012 No. 111 Senate The Senate met at 10 a.m. and was Mr. BLUMENTHAL thereupon as- The legislative clerk read as follows: called to order by the Honorable RICH- sumed the chair as Acting President A bill (S. 3420) to permanently extend the ARD BLUMENTHAL, a Senator from the pro tempore. 2001 and 2003 tax cuts, to provide for the permanent alternative minimum tax relief, and State of Connecticut. f to repeal the estate and generation-skipping PRAYER RECOGNITION OF THE MAJORITY transfer taxes, and for other purposes. The Chaplain, Dr. Barry C. Black, of- LEADER Mr. REID. Mr. President, I object to fered the following prayer: The ACTING PRESIDENT pro tem- any further proceedings with respect to Let us pray. pore. The majority leader is recog- this legislation at this time. Almighty God, awe and wonder grip nized. The ACTING PRESIDENT pro tempore. Objection having been heard, the us when we reflect upon Your majesty. f You are the source of our strength and measure will be placed on the calendar. provide our hope for years to come. MIDDLE CLASS TAX CUT ACT— TAX PROPOSALS Guide our Senators today. May they MOTION TO PROCEED Mr. REID. Mr. President, Repub- seek Your marching orders and have Mr. REID. Mr. President, I now move licans claim to share Democrats’ com- the courage to follow the cadence of to proceed to Calendar No. 467, S. 3412, mitment to keeping taxes low for the Your drumbeat. Give them the courage which is the Middle Class Tax Cut Act middle class, so it is very strange that, to act as well as to think, to do as well of 2012. if that is what they believe, they have as to talk, and to accomplish Your will The ACTING PRESIDENT pro tem- repeatedly blocked votes on our pro- on Earth in all their work. Lead them, pore. The clerk will report. posal to cut taxes for 98 percent of O God, to think with clarity, to love The legislative clerk read as follows. American families. Two weeks ago Re- with honor, and to see the stamp of Motion to proceed to Calendar No. 467, S. publicans seemed eager to have those Your image in all Your creation. 3412, a bill to amend the Internal Revenue votes. That is what the Republican We pray in Your sacred Name. Amen. Code of 1986 to provide tax relief to middle leader talked about here on the floor: f class families. They wanted to vote on our proposal to SCHEDULE PLEDGE OF ALLEGIANCE cut taxes for families making less than Mr. REID. Mr. President, the first $250,000 a year or 98 percent of Ameri- The Honorable RICHARD BLUMENTHAL hour this morning will be divided and cans, and they wanted to vote on their led the Pledge of Allegiance, as follows: controlled between the two leaders or competing proposal, which would actu- I pledge allegiance to the Flag of the their designees, with the majority con- ally raise taxes for 25 million families United States of America, and to the Repub- trolling the first half and the Repub- while handing out more tax breaks to lic for which it stands, one nation under God, licans the final half. The Senate will indivisible, with liberty and justice for all. millionaires and billionaires. Demo- recess from 12:30 to 2:15 p.m. today for crats have tried to give the Repub- f weekly caucus meetings. At 3:40 this licans what they wanted. We have of- APPOINTMENT OF ACTING afternoon, there will be a moment of fered to skip their usual procedural PRESIDENT PRO TEMPORE silence in memory of Officer Jacob J. delays and hold up-or-down majority The PRESIDING OFFICER. The Chestnut and Detective John Gibson of votes on both proposals. So far they clerk will please read a communication the U.S. Capitol Police, who were have refused, but the offer still stands. to the Senate from the President pro killed 14 years ago today in the line of If they want to vote on theirs and vote tempore (Mr. INOUYE). duty defending this Capitol, the people on ours, we will do it with a simple ma- The legislative clerk read the fol- who worked here, and the visitors jority. So I hope the Republicans don’t lowing letter: against an armed intruder. insist on doing this the hard way. U.S. SENATE, Yesterday, I filed cloture on the mo- Why are Republicans delaying votes PRESIDENT PRO TEMPORE, tion to proceed to the Middle Class Tax they asked for in the first place? They Washington, DC, July 24, 2012. Act. If no agreement is reached, that know a majority of Senators and a ma- To the Senate: vote will be tomorrow. jority of Americans support our plan to Under the provisions of rule I, paragraph 3, MEASURE PLACED ON THE CALENDAR—S. 3420 help middle-class families. Our plan of the Standing Rules of the Senate, I hereby Mr. REID. Mr. President, I under- gives 114 million taxpayers—again, 98 appoint the Honorable RICHARD stand that S. 3420 is at the desk and percent of American families—cer- BLUMENTHAL, a Senator from the State of Connecticut, to perform the duties of the due for a second reading. tainty that their taxes won’t go up, Chair. The ACTING PRESIDENT pro tem- and it reduces the deficit by almost $1 DANIEL K. INOUYE, pore. The clerk will read the bill by trillion by ending wasteful tax breaks President pro tempore. title for the second time. for the rich.

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

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VerDate Mar 15 2010 02:14 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.000 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5266 CONGRESSIONAL RECORD — SENATE July 24, 2012 The Senate Republican proposal much more. Any one of these things Capitol are safe in the building, and takes a very different approach—and would be devastating to our country if their security is as good as anyplace in that is an understatement—to extend a cyber attack is successful. JOHN the world. It is a much more pleasant tax breaks for the top 2 percent of MCCAIN suggested this almost a year visit now to the Capitol. So their lives Americans, but it fails to extend tax ago. were not given in vain. cuts to help middle-class families. The threat has only grown worse in While guarding the Capitol, Agent Their plan would hike taxes by another that time, and failing to act on cyber- Gibson and Officer Chestnut were shot $1,000 for middle-class families while security legislation not only puts our to death by, really, a madman. With handing out an extra $160,000 tax break national security at risk, it recklessly the facilities we have now, that would to every millionaire. Democrats will endangers members of our Armed not have happened. While nothing can simply never agree that we should Forces and our missions around the erase the pain of losing a loved one, I hand out more tax breaks to the rich- world. Servicemembers themselves hope their families take some measure est 2 percent of Americans while our have been repeatedly targeted by cyber of comfort from knowing that Agent economy is in its current situation, but attackers. In one hack last year, more Gibson and Officer Chestnut are not that shouldn’t stop us from protecting than 90,000 military e-mail addresses forgotten. the other 98 percent of Americans—and and passwords were stolen. In another As a sidenote, I take special pride in do it today. hack of the TRICARE system, 4.9 mil- the fact that I was a Capitol police- CYBERSECURITY lion medical records from our military man. I worked in this building and car- Mr. President, I have had a number were stolen. If we are serious about ried a pistol. I worked swing shift, as of briefings lately from people in the protecting our troops, we must protect we called it, from about 3:00 to 11:00 administration held in the classified them against cyber attacks. when I was going to law school. So facility here in the Capitol about cy- But acting to secure our critical net- every year when we give special rec- bersecurity. works doesn’t mean we won’t do other ognition to this occurrence having hap- Over the last few days, some of my things to help the defense, of course. pened, I think of my days here and Republican colleagues have suggested There are some specific concerns about what a different place it was. Of course that the Senate should delay action on the Defense authorization bill, and I there were things we had to look out what national security experts have have talked about them. We can’t for, but, as I have said before, the most called the most pressing threat facing allow the Defense bill to become an end dangerous thing I had to do was direct this country. Instead of considering bi- run around the bipartisan Budget Con- traffic. But that isn’t the way it is now partisan cybersecurity legislation, trol Act, which has been so important for the men and women who take care they say we should first consider the to this country. of us here in the Capitol—not just the annual Defense authorization bill. I If we are going to debate the Defense Senators, not just the staff, but all the argue that we need to move rapidly to bill, House and Senate Republicans millions of people who visit this facil- address the gaping hole in our defenses need to make it clear that they are ity every year. So I honor their service against cyber attack. willing to abide by the budget levels and their sacrifice. And I reflect back The Director of the FBI, Robert set by the law that they all voted for, on the days of my youth, for someone Mueller, said that cyber threats will with rare exception, and we must also who came from where I came, walking soon overtake terrorism as the most ensure that the Defense bill is not used around this facility, mostly at night- significant threat to our national secu- as a platform to advance irrelevant time, a lot of times quite lonely. rity. And in the minds of some, it is partisan agendas. So we are grateful for the brave men difficult to separate cybersecurity REMEMBERING AGENT GIBSON AND OFFICER and women who safeguard the people’s from what people are trying to do and CHESTNUT house. They do it today. They do it have tried to do every day. It is the Mr. REID. Mr. President, I wish to every day. We take them for granted, same as terrorism, it is just a different take a minute to talk about Agent Gib- and we shouldn’t. They are really gal- form. son and Officer Chestnut. lant in the work they do. The Capitol A bipartisan group of national secu- It was 14 years ago, and it is really Police is a wonderful organization, and rity experts led by former Secretary of hard to comprehend that it has been I am proud of them, and every Member Homeland Security Michael Chertoff, a that long. Officer Chestnut I knew by of the Senate is proud of them. Every- Republican, and former Director of Na- saying hello. But we had an event in one in the country should be aware of tional Intelligence Mike McConnell, Virginia where my wife became ill. I the work they do to make this building who was appointed during the Repub- will never forget Agent Gibson running safe. lican administration, said cyber threat from the Capitol Police headquarters RECOGNITION OF THE MINORITY LEADER ‘‘represents one of the most serious and administering aid to my wife. That The ACTING PRESIDENT pro tem- challenges to our national security was Agent Gibson, and I remember pore. The Republican leader is recog- since the onset of the nuclear age.’’ that so clearly. He was a wonderful nized. The ranking member of the Armed guy. I felt I knew him so well because REMEMBERING OFFICER JACOB CHESTNUT AND Services Committee, Senator MCCAIN, of his helping my wife. DETECTIVE JOHN GIBSON said: Last week, this Nation was reminded Mr. MCCONNELL. Mr. President, I We must act now and quickly develop and how fragile life is with what happened would like to start this morning by re- pass comprehensive legislation to protect in Colorado and how quickly it can be membering another deadly shooting, our electric grid, air traffic control system, taken away, at random, with senseless one that hit very close to home for water supply, financial networks and defense acts of violence. most of us. systems and much more from a cyber attack. Fourteen years ago, the Capitol com- It was 14 years ago today that Officer And he is right—we need to protect munity was similarly reminded that we Jacob Chestnut and Detective John our electric grid. must never take life for granted. On Gibson of the Capitol Police were shot The Presiding Officer participated in this day in 1998, two dedicated U.S. dead in the line of duty right here in a demonstration in our classified room Capitol Police officers—Special Agent the Capitol by a lone gunman. Their of how cybersecurity would work, tak- John Gibson and Officer Jacob Chest- deaths serve as yet another reminder ing down the Presiding Officer’s State nut—gave their lives while protecting not only of the reality of evil but of the in the northeast part of this country. It this building and the people in it. But precious gift of life. Today we honor could be done relatively easily, and it their lives were not spent in vain. As a them for their lives and the final act of would take weeks and weeks to get it result of their sacrifice, we now have a heroism that ended them. back up. We all watched that. Capitol that is much safer than it ever A plaque inside the Capitol com- What JOHN MCCAIN said is really was. It was a result of their having memorates their sacrifice, and the Cap- true. We must pass comprehensive leg- been killed that we were able to finally itol Police Headquarters now bears islation to protect our electric grid, air get the Visitor Center done. We were their names. It is appropriate we also traffic control system, water supply, fi- able to speed that up, and we got it pause in the midst of our other duties nancial networks, defense systems, and done. Now people who come to this to honor these men and every member

VerDate Mar 15 2010 23:49 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.001 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5267 of the Capitol Police Force who works making political statements. That is nard that no budget action has been so hard to ensure our safety. why we think we should have a vote on taken here for 4 years. Officer Chestnut was a 20-year vet- all three proposals tomorrow: the What about the Budget Control Act eran of the Air Force and had 18 years President’s proposal, the Senate Demo- that was passed last year with more of service to the Capitol Police. Detec- crat proposal, and ours. Show the than 70 votes in the Senate? That was tive Gibson also had 18 years of Capitol American people what is behind their passed instead of a budget resolution. Police service, and until the day he proposals and what we all stand for. If It was a law. Anybody who has had died had never drawn his weapon. Both the Democrats believe the President’s even a little bit of civics knows a law men left behind wives, children, and rhetoric, they will vote for his pro- is stronger than a resolution. friends. posal, and he will work to get their Indeed, that law cut spending by $900 Today the Senate honors both of support. billion over 10 years and put in place these good men once again and all of My guess is that Democratic leaders this sequester we now face that cuts those they left behind. will not allow a vote on the President’s another $1.2 trillion over 10 years for a TAX PROPOSALS plan, and that should tell us every- total spending cut of over $2 trillion. It Mr. President, as the Senate resumes thing we need to know about the was the biggest spending cut in the his- its work this week, Americans are hun- Democratic approach to the problems tory of the United States, and the Re- gry for leadership. The national debt we face. They are either out of ideas, publican leader acts as though he never hovers around $16 trillion. The Federal not serious about solving the problems heard of it; it never happened. Let’s get Government is on track to spend $1 we face or both. To them this is more real. We took action in the House and trillion more than it takes in for the about messaging or passing the buck Senate, and it was signed into law by fourth year in a row, and Democrats than it is about helping anybody or the President. have not done so much as pass a budget preventing an economic calamity at The last time our friends on the in nearly 4 years. the end of this year. other side were in charge, their policies Meanwhile, President Obama is not The President proposed a plan he brought us to the brink of financial even talking with us about what to do thinks will help him on the campaign collapse. Have we forgotten that the about any of these things. The tax- trail. Democrats proposed a plan they economy was shrinking at a rate of 9 payers are basically paying him think helps them in the Senate. What percent in the last quarter of the pre- $400,000 a year to hold campaign rallies about a plan that actually helps the vious administration? In their last and show up at fundraisers. His latest American people? It is all politics and month in office we lost 800,000 jobs—in proposal on taxes has more to do with positioning to our friends on the other 1 month. That was their record. helping his campaign than in reviving side of the aisle at this point, and it is This administration has turned the economy. If you want proof, just quite disgraceful. things around. We are no longer losing ask yourself why Democrats don’t The time to act on the problems we jobs; we are gaining them. The econ- want to vote on it. face is right now. The fiscal cliff draws omy is no longer shrinking; it is grow- Republicans will head into tomor- closer with each passing day. I think ing. Maybe it is not as strong as we row’s vote guided by a simple principle: most people think the party in power would like, but it has been a remark- Do no harm. In our view, the best ap- has some responsibility to do some- able turnaround after the other side proach to taxes right now is to let thing about it. and their policies led us to the brink of every American and every American I yield the floor. financial collapse. business know they will not have a RESERVATION OF LEADER TIME Let’s talk about the legislation be- higher income tax bill at the end of the The ACTING PRESIDENT pro tem- fore us. It assures 98 percent of the year. We think everybody in America pore. Under the previous order, the American people are not going to have should have that certainty. leadership time is reserved. a tax increase, extends expiring provi- The Democrats’ guiding principle, to sions on income taxes, and income tax ORDER OF BUSINESS the extent they have one, is quite dif- relief for everyone making below Under the previous order, the fol- ferent. To them the goal is not so much $250,000 a year. It includes incentives to lowing hour will be equally divided and relief for struggling Americans or re- promote work and support families, controlled between the two leaders and viving the economy, it is sending a and it provides relief from the indi- their designees, with the majority con- message. Their message is that some vidual alternative minimum tax for 1 trolling the first half and the Repub- people deserve relief and some people year, a tax that is increasingly affect- licans controlling the final half. don’t, and they will decide who those ing the middle class. The Senator from North Dakota. people are regardless of the effect it Our friends on the other side say: has on the broader economy or on jobs. REMEMBERING OFFICER CHESTNUT AND Whoa. Wait a minute. That means It is an approach that isn’t based on DETECTIVE GIBSON those making more than $250,000 will any economic outcome but on ideology. Mr. CONRAD. Mr. President, before I have a top rate of 39.6 percent. That is Americans are quite tired of it because talk about the matter at hand, I would true. What happened the last time we it has been a disaster for our economy. like to remember Officer Chestnut and had a top rate of 39.6 percent? That was Think about it. If Democrats cared Detective Gibson. I did not have a during the Clinton administration. more about helping folks and reviving chance to know Detective Gibson. I did What was the economic record then? It the economy, then they wouldn’t be have a chance to know J.J. and he was was 39 straight quarters of economic calling for a tax hike. Yet throughout someone who lit up a room. He had a growth from 1991 until 2000. It was the this entire debate Democrats have not 1,000-watt smile. longest period of uninterrupted growth offered a single credible argument I will never forget the time I was in this Nation’s history. There were 24 about how their tax increase targeted going to a meeting at the House of million jobs created. That is what hap- at job creators will help struggling Representatives. I wasn’t familiar with pened the last time we had a top rate middle-class Americans. Surely, they where the room was, and J.J. took me of 39.6 percent. don’t think this tax increase is the fis- right to it. He was a delightful man, Why is it important we begin doing cally responsible thing to do. and it was tragic that his life was something about these growing deficits Let’s assume they got this tax in- taken. and debt? It is because we are on an crease. It would only generate enough I will never forget the funeral. It was unsustainable course. This is one place money to fund the government for 5 one of the most remarkable where the Republican leader and I days. Even if they got the tax increase outpourings I have ever seen, and so we would agree. We are on an they want, it would only generate remember with enormous respect Offi- unsustainable course; we have been enough money to fund the government cer Chestnut and Detective Gibson. since the previous administration. for 5 days. THE ECONOMY Have they forgotten that they tripled The larger point is this: The Senate Mr. President, I have to respond to foreign holdings of U.S. debt during should be in the business of actually the Republican leader. What a fountain that administration, and doubled the making a difference rather than just of misinformation. He repeats this ca- debt? We are on an unsustainable

VerDate Mar 15 2010 23:49 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.003 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5268 CONGRESSIONAL RECORD — SENATE July 24, 2012 course. We are headed for a debt that tle five-story building in the Cayman economy. Those of lower incomes are will be 200 percent of our GDP if we Islands evading and avoiding the taxes going to spend their money and do it in don’t act. due in the United States. Our friends a fashion that invigorates the economy This is a spending and revenue prob- on the other side say: No change. with the production of more goods and lem. This chart shows spending and Shouldn’t touch that. That is fair? I services. revenue as a share of the economy over don’t think so. The Republican plan that calls for the last 60 years. Spending is the red Let’s get real. Let’s get serious. Let’s tax cuts even for the highest income line, and the green line is revenue. As take on deficits and debt. Let’s make categories, as Senator CONRAD just we can see, we are at or near a 60-year certain everybody has a chance to con- noted, means a tax break of $250,000 for high in spending. We are at or near a tribute, including those who are at the millionaires across America. I am 60-year low on revenue. It is true we top rungs who are now paying nothing. sorry. The people who are making have a spending problem. It is also true I thank the Chair and yield the floor. $20,000 a week—that is what a million- we have a revenue problem. Revenue is The ACTING PRESIDENT pro tem- aire would make over the course of a at or near a 60-year low. pore. The Senator from Illinois. year, $20,000 a week—do not need that Our friends on the other side want to Mr. DURBIN. Mr. President, I thank tax break. They haven’t asked for it, just have the historic average for rev- my colleague from North Dakota, Sen- they don’t need it, and they should be enue. The problem with that is it is not ator KENT CONRAD, who is the chair- contributing toward reducing this def- a useful benchmark. This is spending man of the Senate Budget Committee. icit and saving America from deeper going back to 1972, 40 years. The red He is retiring, unfortunately, for the cuts in Medicare, education, and other line shows spending. The green line is Senate and for this country because he expenditures that are critical to so the historic average for revenue. We has brought to this Chamber and to the many American families. can see that if we just had the historic national debate on our deficits an in- According to a recent analysis, the average for revenue, we never would sight and a knowledge of the subject Republican plan would actually end up have balanced the budget in a single that is unequaled. He has become a raising taxes on working families. If we year over 40 years. That is what the close and dear friend of mine, even give tax breaks to those who are at the other side wants to do. closer over the last couple years, while highest level of income categories and The fact is the five times we have we labored shoulder to shoulder on the still go after deficit reduction, then the balanced the budget since 1969—in 44 Simpson-Bowles deficit commission working class families actually would years—the revenue was nearly 20 per- and bipartisan efforts afterwards in the have to pay more. cent of GDP. It was 19.7 percent in 1969, Senate to deal with the deficit. I asked a number of my constituents 19.9 percent in 1998, 19.8 percent in 1999, I am disappointed and somewhat to respond to this notion about cutting 20.6 percent in 2000, and 19.5 percent in troubled by the argument made by off the tax cuts at $250,000 in income 2001. Facts are stubborn. many in this Chamber that the deficit and several of them responded. Merry Former Republican Budget Com- is the most serious problem facing from Rockford, IL, said this: mittee Chairman Judd Gregg said this America and then, in the same breath, I oppose any extension of tax cuts for the about revenue: they call for extending tax cuts to the top 2 percent. I am a mother of a develop- wealthiest people in this country. What mentally disabled adult. I have seen more We also know revenues are going to have and more budget cuts each year for 30 years to go up, if you’re going to maintain a stable we are proposing is a tax cut for those for the special needs population. However, economy and a productive economy, because making up to $250,000 in income. That for the 30 years we have been involved with of the simple fact that you’re going to have will certainly include all—all—of the this ‘‘trickledown theory,’’ there have been to have this huge generation that has to be middle class and working families no conclusive reports showing that this the- paid for. across America. The taxes will be high- ory is working. It is the baby boom generation. That er for those in the 2-percent range of John, a veteran living in Plainfield, is not a forecast; that is not a projec- the highest income categories, and I IL, writes: tion. They have been born, they are think it is fair. I think those who have We fully agree with our President that the alive today, and they are going to be done so well and have been so fortunate rich should pay a little more for their tax eligible for Medicare and Social Secu- in this great Nation should be willing share! We (the middle class) are rapidly fad- rity. to pay their fair share of taxes. ing away. We have worked for most of our In 2010, we saw some wealthy people I support the middle-class tax cut the lives—only to witness corporations take over paying no Federal income tax—noth- President has proposed. We want to and fraud in our financial markets! ing. People with incomes of $500,000 to bring it to the floor for a vote. I sup- Jennifer from Chicago writes: $1 million in 2010, 14,000 paid nothing, port it with the notion that we still I am appalled that Congress would consider zero. Those earning over $1 million in have to keep our focus on the economy cutting food stamps and other vital services 2010 who paid nothing were 4,000. Is and creating jobs, No. 1, and deficit re- for poor people and their families while maintaining tax breaks for those in the that fair? It is outrageous that 4,000 duction and debt reduction, No. 2. We upper 2 percent of income. Wealthy people people earning over $1 million paid ab- can do both. We have to take care that can afford to live on a little less. Poor chil- solutely nothing and 14,000 earning be- whatever we do to the Tax Code does dren cannot afford to do without food and tween $500,000 and $1 million of income not jeopardize our economic recovery. shelter. paid absolutely nothing and our friends We are on a positive path, with 28 When we talk about tax policy and want to defend that system. Shocking. straight months of job creation in the debt reduction, let’s do it sensibly. Here is what is happening to so- private sector, and we want to con- Let’s help working families. Let’s fix called tax expenditures. We are now tinue it. But we also need to change a the Tax Code in a way that gives them spending more money through the Tax reality, which is that we borrow 40 a fighting chance. Let’s ask the upper Code than through all the appropriated cents for every $1 we spend in Wash- 2 percent—the top 2 percent of wage accounts. Who are the big winners? The ington. That is unfortunate and earners—to pay their fair share. It is top 1 percent in income, on average, unsustainable. We have to make sure not unreasonable. Everyone must be get a benefit of $255,000 a year by the working families across America who prepared to make some sacrifice. Let’s so-called credits, deductions, exclu- continue to fall further and further be- make certain that working families are sions, and preferences that are shot hind each year and live paycheck to protected in this debate. through the Tax Code. We have a little paycheck will have a helping hand I note that Senator MURRAY was five-story building in the Cayman Is- from our Tax Code. That is known as coming to the floor to speak on this lands that claims to be home to 18,000 progressive taxation. I think it is fair. tax issue, but she has been delayed, and companies. They all say they are doing Those of us in higher income cat- I ask unanimous consent that she be business out of that little five-story egories should pay more. Those who recognized to speak after I finish my building. Are they doing business out are struggling paycheck to paycheck, remarks. of that little building or are they doing trying to care for their children, need a The ACTING PRESIDENT pro tem- monkey business out of that building? helping hand in the Tax Code. That is pore. Without objection, it is so or- Eighteen thousand companies in a lit- not only just and fair, it is good for the dered.

VerDate Mar 15 2010 23:49 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.004 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5269 Mr. DURBIN. I also ask unanimous I made a commitment that day, after when he was a child. He recently grad- consent that if I go over the allotted that vote was lost, to the young people uated from Heidelberg University in time in morning business for the ma- who would be eligible for the DREAM Ohio with a major in political science jority, that I and Senator MURRAY be Act, that I wouldn’t give up, that I and a minor in history. He wants to given an additional period of time and would keep on fighting for the DREAM pursue a career in government and pol- a like amount of time be offered to the Act as long as it takes to make it a itics. Republican side. law. The next is Kelsey Burke. Kelsey The ACTING PRESIDENT pro tem- Since that vote in December of 2010, came here from Honduras when she was pore. Without objection, it is so or- I have come to the floor of the Senate 10 years old. She graduated from Flor- dered. to tell the DREAMers’ stories. I think ida Atlantic University with a major in THE DREAM ACT it is the best way for people to under- public communications. She begins law Mr. DURBIN. Mr. President, 11 years stand the DREAM Act. Today, I wish school this fall, and she dreams of be- ago, I introduced a bill called the to tell my colleagues about another coming an attorney. DREAM Act. The DREAM Act is a DREAMer. Her name is Erika Andiola. The next is Julieta Garibay. She piece of legislation that would give a Erika was brought to America from came to America when she was 11 years select group of immigrant students Mexico when she was 11 years old. She old. She graduated from the University who grew up in this country the chance grew up in Arizona and enrolled at Ari- of Texas with a bachelor’s and master’s to earn their citizenship if they were of zona State University. But then Ari- degree in nursing. She has been a reg- good moral character and if they were zona passed a new law prohibiting pub- istered nurse since 2004. She dreams of prepared to serve in the military or lic universities from giving financial serving in our military as a military complete at least 2 years of college. aid or instate tuition rates to undocu- nurse. The young people who would be eligi- mented students. Hundreds of students The next is Maria Gomez. Maria ble for the DREAM Act came to be were forced to drop out of school. Erika came to the United States from Mexico known as the DREAMers. These are persevered. She graduated with honors when she was 8 years old. She grad- young people brought to the United from Arizona State with a bachelor’s uated from UCLA with a bachelor’s de- States as children and infants. They degree in psychology. She has been gree in sociology and a master’s degree grew up in this country overcoming very active in advocating for immi- in architecture. She dreams someday of great obstacles. They will be our future grants and the DREAM Act. She is the being a licensed architect in America. Next is Angelica Hernandez. She doctors, our engineers, our teachers, founding president of the Arizona came here when she was 9. She grad- our lawyers, our soldiers. They will DREAM Act Coalition. Her dream is to uated from Arizona State University as make America a better nation. They be a school counselor. The story I have just told of Erika the outstanding senior in the Mechan- didn’t make the decision originally to Andiola is the 50th DREAMer story I ical Engineering Department. Someday come to this country; it was a decision have told on the Senate floor. It is an she wants to be a licensed engineer in made by their parents. If their parents amazing group. It includes DREAMers the United States of America. were breaking the law in that decision, who grew up in 17 different States, Next is Ola Kaso. Ola was brought to I don’t believe their children should be from Oregon and Washington in the Pa- the United States from Albania at the held responsible. That is not the Amer- cific Northwest—and I see my col- age of 5. She is a pre-med student in ican way. league Senator MURRAY on the floor— the honors program at the University As did the civil rights activists of to Illinois and Michigan in the Mid- of Michigan. Her dream is to be a sur- past generations, the DREAMers are west, to North Carolina and Georgia in gical oncologist. speaking out. They are telling their the Southeast. These DREAMers came Next is Sahid Limon. Sahid was stories publicly, even though many of from all over the world to America, brought to America from Bangladesh them know they risk deportation from from 19 different countries, including when he was 9 years old. He graduated the only country they have ever known Europe, Asia, Africa, South America, from East Carolina University with a as home. They have organized rallies and Central America. Yet all of them bachelor’s degree in biology. and marches where they advocate for have something in common: Their Next is Jhon Magdaleno. Jhon came the DREAM Act, and they have de- home is America. They are just asking to the United States from Venezuela clared their undocumented status. for a chance to give back to this great when he was 9 years old. He is an honor They wear T-shirts and carry signs country. student at Georgia Tech University, that bear their slogan: ‘‘Undocumented To mark the occasion of the 50th where he is a biomedical engineering and Unafraid.’’ DREAMer story on the floor of the major. These DREAMers have been by my Senate, many of the DREAMers I fea- Next is Tolu Olubunmi. She actually side every step of the way, fighting for tured on the floor have made a trip to was brought to America from Nigeria the DREAM Act, for 11 years, and I am Washington and have gathered in the at the age of 14. She obtained a bach- proud of them. Senate. They are here this morning, elor’s degree in chemical engineering In 2007, the first time the DREAM and I wish to take a few minutes to 10 years ago. She has never worked a Act came to a vote on the floor of the recognize them. day as a chemical engineer because she Senate, there were a few DREAMers Let me start with the person who cannot be licensed. That is her dream: sitting right up in the gallery. We won started the DREAM Act, Tereza Lee. to be a licensed engineer. 52 votes that day. It was a bipartisan Tereza was brought to the United Here is Gaby Pacheco. Gaby came to majority. Frankly, we have always had States when she was 2 years old to the the United States from Ecuador at the a bipartisan majority, but we have city of Chicago. She received her bach- age of 7. She has earned two associate’s never had the 60 votes we need to over- elor’s and master’s degrees from Man- degrees in education and is now work- come the Republican filibuster against hattan Conservatory of Music, where ing on her bachelor’s degree. She wants the DREAM Act. she is currently pursuing her doc- to teach autistic children. She has be- Three years later, in December of torate. come an extraordinary leader in this 2010, the DREAM Act was again consid- The next person I wish to refer to is movement. ered on the floor of the Senate. This Eric Balderas. Eric came to the United Next is Pedro Pedroza. He came to time, it was different. The Senate gal- States from Mexico when he was 4 the United States when he was 5 years lery was filled to capacity with years old. He was valedictorian and old and grew up in Chicago. He grad- DREAMers wearing graduation gowns student council president at his high uated from Cornell University with a and caps. It was an inspiring sight. school in San Antonio, TX. He is now a BA in Spanish literature and a minor That day, 55 Senators voted for the student at Harvard University where in Latino studies. His dream is to be a DREAM Act. Again, we had another bi- he is majoring in molecular and cel- teacher. partisan majority, but, again, we fell lular biology. His dream is to become a Next are two brothers who are here, short of the 60 votes we needed to de- cancer researcher. Carlos and Rafael Robles. Carlos is ma- feat a Republican filibuster of the The next is Manuel Bartsch. Manuel joring in education at Loyola Univer- DREAM Act. came to this country from Germany sity in Chicago. He dreams of being a

VerDate Mar 15 2010 23:49 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.006 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5270 CONGRESSIONAL RECORD — SENATE July 24, 2012 teacher and may get his chance at Pal- dent could come along and change this they were paying during the Clinton atine High School. Rafael is majoring policy, so the Dreamers are still at years that if they cannot force through in architecture at the University of Il- risk, but they are prepared to step up, more tax cuts for the rich, they would linois in Chicago. Of course, he dreams to follow the law, and to become part prefer taxes to go up on middle-class of being a licensed architect. of America’s future with permanent families. They want 98 percent of work- Next is Novi Roy, who came to Amer- residency someday and perhaps citizen- ers to pay the price if millionaires are ica from India as a child. Novi grad- ship, which is our ultimate dream. asked to pay a penny more. This is un- uated from the University of Illinois at The President’s new policy is a step believable and a deeply cynical posi- Urbana-Champaign with a bachelor’s in the right direction, but ultimately it tion to take. It does not make any degree in economics and two master’s is Congress that must act—the House sense. degrees—one in business administra- and the Senate—to pass the DREAM We have a fundamental difference of tion and one in human resources. His Act and give these young people who opinion between the two parties about dream is to help provide affordable have gathered here today and thou- the Bush tax cuts for the wealthiest health care for all Americans. sands more just like them the path to Americans that have added trillions of Next is Felipe Sousa-Rodriguez. citizenship in America. dollars to the deficit and debt. Felipe came to the United States from I want to give special thanks to Ma- I am not asking Republicans to set Brazil when he was 14. He recently jority Leader HARRY REID. The last aside their values. It is clear they are graduated summa cum laude from St. time we called the DREAM Act he took deeply committed to putting more Thomas University with a bachelor’s a lot of grief for it. They said: Oh, it is money into the pockets of the wealthy. degree in business studies and a minor just a political thing. But it is not. He All I am saying is—all Democrats are in economics. His ambition is to be a believes in it, as so many of us do, and saying is—we should not let that dis- teacher. he was prepared to guide the Senate agreement on tax cuts for the rich And last is Cesar Vargas, another through a week-long debate to get to a cause taxes to go up for the middle good friend, who was brought to the vote. We did not have enough votes to class. We can certainly have a debate United States when he was 5 years old. break the Republican filibuster, but we about the merits of extending tax cuts He recently graduated from the City demonstrated again bipartisan support for millionaires and billionaires. I am University of New York School of Law for a sound, good idea for America’s fu- confident Republicans are ready to with honors. He dreams of one day ture. stand here on the floor and make their serving in the Judge Advocate Gen- I also want to give special thanks to case. I am prepared to make mine. But eral’s Corps, of being in our military Joe Zogby, sitting on the floor here. I urge our Republican colleagues now and serving the Nation he loves. Joe is an attorney on my staff who for to not play political games with the I thank all the Dreamers who are 11 years now has battled side by side tax cuts that both sides believe should here today and have gathered with us. with me to pass the DREAM Act. And be extended. Because holding these They have come a long way. It took an Vaishalee Yeldani, who is on our staff middle class tax cuts hostage is bad extra effort for them to come to Wash- as well, has been terrific in helping us policy, it is bad economics, and, frank- ington and to step forward and to allow prepare these floor statements and to ly, it is bad politics. me to share their stories again with continue this battle forward. Poll after poll shows the American I said to the Dreamers the last time people support ending the tax breaks the people who follow this debate. it was brought to the floor and we did Today I am launching ‘‘American for the wealthiest Americans. Repub- not have the votes: I am not going to Dreamers,’’ a new Web site featuring licans know they are in an give up on you. Don’t give up on me. the Dreamers whose stories I have told unsustainable political position. They We are going to do this. I am dedicated on the floor of the Senate, including all know they cannot be seen as holding to them and to the fact that many of middle-class tax cuts hostage for more of those who are here today. We are us who are the sons and daughters of tax cuts for the rich. going to update this Web site as I tell immigrants—and, frankly, that in- Last week we saw how they reacted more stories. You can find it at cludes almost all of us in this coun- when they got called on that reality: www.durbin.senate.gov/dreamers. try—understand that the diversity of stomping their feet and shaking their This is a hopeful time for the Dream- immigration has made America a fists, trying to muddy the water and ers. It is better than it has been in a stronger place. These DREAM students change the subject. They do everything long time because this President, his will prove once again, as generations but admit it is time for compromise. administration recently announced have before, that given a chance they In fact, just this morning, the Repub- that we will give the Dreamers tem- will make America a better country. lican Senator from Pennsylvania gave porary legal status to be here in Amer- Mr. President, I yield the floor. a speech about his plan for even deeper ica. This status will allow them to live The ACTING PRESIDENT pro tem- tax cuts for the rich—down to 28 per- and work legally without fear of depor- pore. The Senator from Washington. cent for the wealthiest Americans. It is tation. The status needs to be renewed Mrs. MURRAY. Mr. President, I come stunning. While Democrats are fighting every 2 years, but they get their to the floor today to urge my col- for tax cuts for the middle class, Re- chance. It gives these young immi- leagues to support the extension of tax publicans are not only holding them grants an opportunity to come out of cuts for 98 percent of workers and 97 hostage to continue the tax cuts for the shadows and be part of the only percent of small business owners. the rich, they are also scheming for country they have ever called home. This should be a no-brainer. Demo- ways to cut taxes for the wealthiest The Obama administration’s new pol- crats do not want taxes on our middle- Americans even more. But their rhet- icy will make America a stronger and class families to go up, and Repub- oric is not going to fool families and better Nation by giving these Dreamers licans claim they want that too. They small business owners in America. a chance to be part of our future. also say they want these tax cuts ex- I recently heard from a constituent This policy has strong bipartisan tended. of mine. His name is Rob Robinson. He support in Congress. My special thanks So this should be easy. When 100 Sen- is from Walla Walla in my home State to Senator RICHARD LUGAR of Indiana, ators agree on a policy, we should be of Washington. Rob owns a small con- who joined me in cosponsoring this bill able to pass a bill. But, unfortunately, struction company. He just finished and asking for this status on immigra- Republicans are not focused on the 98 work on the local police department. tion years ago. It took extraordinary percent we agree on. They are pre- He said to me, ‘‘I’ve been a small busi- political courage for him to do that, occupied with the 2 percent we are not. ness owner for over twenty-five years and I thank him once again, as I have They are prepared to take our country and it’s outrageous to me that some before. over the edge and into the new year in members of Congress would hold up According to recent polls, the Amer- an effort to prevent millionaires and middle class tax cuts for the sake of ican people think the President is right billionaires from paying a penny more protecting the wealthy from paying in giving these Dreamers a chance to in taxes. their fair share.’’ earn their way toward legal status by a Republicans are so opposed to having He went on. He said: ‘‘The fact that margin of almost 2 to 1. A future Presi- the wealthy pay the very same rate they justify cutting taxes for the

VerDate Mar 15 2010 23:49 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.007 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5271 wealthy by invoking the name of small minating. It is going to highlight some the Chairman of the Federal Reserve businesses tells me that they are sim- stark contrasts and give the American Board talks about, where he says, if we ply out of touch with the economic re- people a clear view into the priorities do not deal with it at the end of the ality of the majority of small business of our two parties. year, we will produce, according to the owners in this country.’’ Democrats are here focused on the Congressional Budget Office as well, a I heard from another small business middle class. We want to extend the recession in the first 6 months of 2013, owner. His name is Allan Willis. He is tax cuts for 98 percent of our workers which means more loss of jobs. from Kennewick, WA. Allan opened his and 97 percent of small business own- So the subject we are here to talk small business, Tri-city Music, in 2008. ers, people such as Rob, Allan, and Dal- about this morning is how to avoid He wrote to me saying: las, and millions more. But if Repub- that. The question we are going ask is, I’m like a lot of Main Street small business licans do not vote for our tax cut bill, why not bring up the appropriations owners. I open the shop in the morning and it will demonstrate clearly they do not bills and do our job under the Constitu- close it down at night. I vacuum the carpets care about certainty, they do not care tion to limit spending and get a head and clean the bathrooms. I strive to provide about the economy, and they certainly start on the business of putting the fis- my customers with an incredible level of do not care about the middle class. cal problems we have behind us. Noth- customer service after the sale. I work hard Rather, they care about extending and am blessed that I make enough to pay ing could create jobs more rapidly than my fair share of taxes. those tax cuts for the rich above all for us to bring Washington into some else and to use every bit of leverage Allan told me: solvency, create some certainty. Peo- they have to do it, and they are pre- ple have said: We are not going to in- When Republicans hide behind the name of small business to support their agenda for pared to let taxes go up on every fam- vest, we are not going to hire until we lower taxes for the rich, they don’t speak for ily if they do not get their way. I hope can see whether Congress can act. me. Let’s call it what it is: political identity they change their tune. As far as the appropriations bills, theft. They are stealing the name of small They say inaction is not an option. here are the basics: We have 12 of them business as a smokescreen for tax policy that Well, here is their chance to act for 98 that we are supposed to pass every benefits millionaires. percent of workers and 97 percent of year. A bipartisan group of us went to That is a quote from Allan. small business owners. All they have to the floor a few months ago and praised I also heard from a constituent of do is stop playing games and stand the majority leader and the Republican mine named Dallas Baker. Dallas is a with us to pass their bill this week. If leader for their agreement to try to Seattle firefighter. He has been on the they do, I would be happy to have an bring them to the floor and pass them. job for 15 years. He told me he loves honest debate about extending the That has only happened twice in 12 serving his community and making a Bush tax cuts for the rich they are so years. So we worked hard to do that. difference. But he said—and I quote— passionate about. If they do not and Nine of the 12 appropriations bills are My daughters and I are all making sac- taxes go up on every American because ready for the Senate to consider. In rifices now. We are comfortable but we are Republicans insist on protecting and other words, they have been all the losing ground. extending the Bush tax cuts for these way through the committee process. If taxes went up for middle-class fam- guys, then they are going to have to They are ready for the Senate to con- ilies like his, it would only get harder. explain that to Rob and Allen and Dal- sider. Rob, Allan, and Dallas are among the las and millions of families and busi- Only the majority leader can bring 98 percent of workers and 97 percent of ness owners just like them. them to the floor. Yet he said 2 weeks small business owners the Democrats’ I yield the floor. ago suddenly: No appropriations bills bill would extend our tax cuts for. The PRESIDING OFFICER (Mr. this year. That is 38 percent of the Those are the people I am fighting TESTER.) The Senator from Tennessee. budget. That is more than $1 trillion. for—them and millions across Amer- Mr. ALEXANDER. Mr. President, I That is our job to do. It is the way we ica—middle-class families who have ask unanimous consent to enter into a control spending. Yet we are not even been struggling, who have sacrificed so colloquy with my Republican col- going to deal with it. So this morning much, and who should not see their leagues. we are going to talk about the con- taxes go up. The PRESIDING OFFICER. Without sequences of that and hope the major- But my Republican colleagues do not objection, it is so ordered. ity leader will change his mind and seem to be focused on people such as THE BUDGET bring these bills to the floor. Rob, Allan, and Dallas. They are much Mr. ALEXANDER. Mr. President, the The House is doing its job. The House more concerned about the tax cuts for Senator from Washington said Repub- has acted on eleven of their 12 bills and the wealthiest Americans, many of licans often change the subject. That is the House has passed 7. While they may whom happen to be their biggest cam- exactly what we intend to do. We in- be at a different overall spending level paign and super PAC donors. They may tend to change the subject from raising than we are, we have a well-established claim to be here talking for small busi- taxes to creating jobs. procedure for dealing with that called ness owners, but they are not speaking In terms of taxes, according to the the conference, which is the way we for the small business owners I hear Congressional Budget Office report re- normally deal with differences between from—not small business owners such cently released—this is hard to believe. the two Houses. as Rob and Allan or the 97 percent who You have to go back and read it again, So suddenly we are saying, no budg- Democrats are here fighting to protect but 20 percent of Americans who pay et, no appropriations bills. That is why tax cuts for—but fighting for people individual taxes pay 94 percent of all we are on the floor today. I wish to such as Joseph Craft. He is a coal in- the taxes. Twenty percent of Ameri- begin by asking the Senator from Geor- dustry billionaire. Mr. Craft is worth cans pay 94 percent of the taxes. The gia, who is a former leader of the Re- an estimated $1.4 billion, according to President and his allies are about the publicans in the Georgia legislature, Forbes, and Republicans are fighting to only ones in the country right now who who has been here for a number of cut his taxes. They are fighting for are going out across the country and years, and who has been one of the people like Harold Simmons. He made saying: The way to solve this 5 years of leaders in this body of working across his billions on corporate buyouts. Har- recession and the bad economy we have party lines to try to cause the Senate old is worth an estimated $9 billion, experienced is to raise taxes on the to do its job, whether he can think of a and Republicans are fighting to cut his people who create millions of jobs. good reason why we should not be deal- taxes too. And they are fighting for That is their argument, that the way ing with appropriations bills this year. people such as Harold Hamm. He is an to deal with the bad economy we are in Mr. ISAKSON. I thank Senator ALEX- oil and gas billionaire. He is worth an is to raise taxes on the people who cre- ANDER for the recognition and for join- estimated $11 billion. Republicans are ate millions of jobs. ing with Senator BLUNT in this col- doing everything they can to make We do not believe that. We are pre- loquy. As I was listening to you talk, I sure their taxes do not go up a penny. pared to keep the tax rates where they thought back to what happened in my The vote on the middle-class tax cut are while we deal with what we need to family Sunday night. I want to start extension is going to be very illu- deal with, which is the fiscal cliff that my remarks with that.

VerDate Mar 15 2010 23:49 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.008 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5272 CONGRESSIONAL RECORD — SENATE July 24, 2012 My wife Dianne and I went to my son erendum on a $7.4 billion increase in other number, so we will not do any- Kevin and his wife Katherine’s house to sales tax dedicated for 10 years to roads thing. cook out hamburgers on Sunday night. and improvements in infrastructure. I would ask the Senator from Mis- Three of my nine grandchildren were Our State needs it. The taxpayers are souri, I thought it was a pretty normal there: Elizabeth, Sarah Katherine, and going to vote on it. procedure for the House of Representa- William. Elizabeth had arrived late, by President Obama announced a couple tives to do what it thought it ought to the way, because she had been at a of weeks ago a prioritization of the do, and the Senate to do what it birthday party, the theme of which was Port of Savannah in Georgia in terms thought it ought to do. There is some- dressing their American Girl dolls. of finishing the deepening and the wid- thing called a conference of the Senate When Elizabeth finally got home, she ening of that project so the Panamax and the House to work out the dif- sat down by me and she said: Grandpa, ships can come in. But if we are not ferences. I want to talk to you. She calls me doing appropriations bills on WRDA, Mr. BLUNT. That is exactly right. ‘‘Pops.’’ I want to talk to you about my we are not doing appropriations bills That is the way the process is supposed American Girl doll and some acces- on the Corps of Engineers, we are not to work. I think the observation the sories that I want to buy. So she went doing appropriations bills on highways, Senator made on the Budget Control over with me how much money it those jobs are not going to come, or we Act is that is the maximum amount of would take to buy the accessories and are not going to have jobs and the ve- money we agree to spend. The majority how much money she made for her locity of investment we need to have. leader’s view is: Well, if the House de- chores. We sat down and kind of budg- It is a real indictment of the greatest cides to spend less than that, somehow eted how many chores it is going to democracy on the face of this Earth, we cannot move forward. take to make the amount of money she the leader of the entire free world, that The truth is that is the excuse for needs to buy the American Girl doll ac- in a time when we are in difficulties, this year. In the 6 years that the cur- cessories. Riding home that night I we are in a time with increased debt, rent majority has controlled the Sen- commented to my wife: You know, I we are in a time of great challenges, we ate, they have not passed a budget just spent more time talking about are talking more with our grand- three times and three times have not budgeting and appropriating with my children about spending and saving brought a single appropriations bill to granddaughter than I have spent the than we are talking to each other the floor. I do not exactly know what entire year in the Senate. about the money of the taxpayers of the excuse was the other times, but This morning I was with Bud Peter- the United States of America. this year it is: Well, the House has a son, the president of the Georgia Insti- I commend the Senator from Ten- different number. tute of Technology, and you can iden- nessee and the Senator from Missouri The House is a different institution. tify with this as a former president of on their dedication to this subject and It is the House of Representatives. the University of Tennessee, and Sen- the leadership they have shown on ap- They get elected every 2 years. They ator BLUNT, the former president of propriations in subcommittee work, bring bills to the floor. In fact, they Southwest Baptist University. He was and Senator COCHRAN, all of the mem- have had a budget the last 2 years and talking about how tuition has not gone bers of the Appropriations Committee. we have not. I think the House the last up that much, but the amount of State The bills are ready. All it takes is for year that the majority controlled, the support to subsidize tuition has gone someone to drop the flag and say: last year NANCY PELOSI was Speaker, down because the States are having to Bring them to the floor. I hope Senator did not have a budget. That may be the live within their means, having to have REID will reconsider not bringing them only time ever since the budget law in balanced budgets. They are having to to the floor and instead bring them to 1974. But the Senate has not had a cut. budget for 3 years. I thought to myself, here we are in the floor. Let us talk about the Amer- ican people’s money. Let us talk about There is that old saying: If you fail Washington, the leaders of the country, to plan, you plan to fail. Clearly the the people who should be setting the jobs. Let’s talk about investment in the greatest country on the face of this budget is a plan, and the Parliamen- example. Yet my State and my grand- tarian says we do not have one. The daughter are doing a better job than we Earth. I yield back to the Senator from Ten- Parliamentarian says the Senate has are. That is an indictment of the sys- failed to obey the law for 3 years now tem. nessee. because we do not have a budget. We I joined the Senator when he com- Mr. ALEXANDER. I thank the Sen- ator from Georgia for his clear state- are not prepared to tell the American mended Senator REID on saying he was going to bring appropriations bills to ment about solving the appropriations people what our budget is. And even in the floor. I will come to the floor and problems, solving the fiscal problems, spite of not having a budget, the Sen- cheer him again if he will bring them creating an environment in which the ate Appropriations Committee has to the floor. We are running out of private sector in this country is willing gone ahead and figured out a number time, but we are also running out of to create more jobs, and how failing to they could use as the number to appro- the patience of the American people. do that, in the words of the Chairman priate to. Those bills are ready. The Senator ALEXANDER’s remarks about of the Federal Reserve Board, would be only problem is, those bills are not al- jobs—appropriations are all about jobs. ‘‘destructive.’’ In the estimate of the lowed to come to the floor. A few days Right now we are operating for the Congressional Budget Office, it would ago, I cannot remember what the waste third year in a row under what is create a recession in the first 6 months of time that week was on the Senate known as continuing resolutions. Do of 2013. floor, but I said, in the leadership you know what that means? That The Senator from Missouri is the stakeout: Why are we not doing the means we are continuing to do things former No. 2 leader in the House of things we are supposed to be doing that just as badly as we did the year before, Representatives and now he is a part of give us a plan, that tell the American because we are not facing the music. the Senate Republican leadership, so people what we are for? Then at the We are not prioritizing our expendi- he has some special knowledge about next moment, the next press oppor- tures. We are talking about the appro- how the two Houses work together. tunity, the majority came out and they priations of the American people and The majority leader gave as his rea- asked the leader: Why are we not doing their tax dollars. son why he could not bring up the ap- that? And the majority leader said: Senator MURRAY was talking about propriations bill, one, that it did not Well, because the House has a different taxes as one part of the equation. It is fit the Budget Control Act. Well, the number, so we are not going to have an only one part. Spending is the other Budget Control Act, which we passed, I appropriations process until the elec- part of the equation. You only address voted for it, set a limit on appropria- tion is over. spending by taking up appropriations tions, and the Senate is marking up its It is particularly interesting to me bills, by having debate and by moving bills to that number. The House is that the majority’s view is that they forward. marking up to a number a little below. do not want to tell people until the By way of example, my State is hav- The majority leader said: Well, they election is over what they are for. The ing a referendum in 2 weeks, a ref- are at one number, the Senate is at an- House is saying what they are for.

VerDate Mar 15 2010 23:49 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.009 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5273 They have had 11 of the 12 bills ready University of Tennessee, if he decided money shall be drawn from the Treas- to go to the floor, and more than half they were not going to have a budget, ury but in consequence of appropria- of them have been voted on. They or this interesting argument some of tions made by law. In other words, Ar- voted on a budget. But in the Senate, our colleagues make that the Budget ticle I—this is our job. People say I use we are not prepared to tell people what Control Act is the budget because it the Grand Ole Opry as an analogy too we are for. sets the top line. often sometimes, but why would you Another thing, this is 38 percent of That would be like when Senator join the Grand Ole Opry if you didn’t the budget. Senator ALEXANDER men- ALEXANDER was Governor and had got- want to sing? Appropriating money is tioned this earlier. What about the ten his adviser and Cabinet together what we do. other 62 percent? The other 62 percent and said: Here is the amount of money If the Senator doesn’t like the now gets spent if we do not even show we are going to spend. Now let’s see Solyndra loan, then I am supposed to up, if nobody takes any action, because how it works out. come up here and make that argument we have already defined the so-called That would be the budget? Of course if I agree with that. If Senator BLUNT entitlement part of the budget. A lot of that wouldn’t be a budget. It would be has a flood problem out in Missouri, he that is Medicare, Medicaid, and Social a disaster. And the 6-year deficit num- can make the argument that he made Security—62 percent. By the way, that bers of $8.67 trillion to now, 6 years last year: Put some more money in to was all of the money that came in. later, $15.87 trillion proves the disaster take care of the flood victims; take And while we have not had a budget truly has happened. some more money out of here to pay for 3 years, while over 6 years we have I just can’t imagine. How could one for it. only brought appropriations bills to possibly run a State or university or a If we want less of this or more of the floor three times, our national debt business if their budgeting process was, that, the way we do that is by going has nearly doubled. It went from $8.67 here is the top number we are going to through the appropriations process, trillion when the current majority spend; now let’s see how it works out. coming to the floor, offering amend- leader became the majority leader to Mr. ALEXANDER. Well, I can’t ments, and representing the people who $15.87 trillion now 6 years later. We imagine how that would be. In fact, elected us and sent us here. What are have doubled the debt. We have failed this is such a breathtaking assertion we supposed to say when we go home to plan. So I guess the old adage is by the majority leader, it is hard to and they say: We think there should be true: If you fail to plan, you plan to grasp it. more money for the Center Hill Dam fail. Our big failure is we have allowed Here we are in a fiscal mess. Every- on the Caney Fork River or more the debt of the country—the debt that body says that. They will say it is for money for the levees down along the was accumulated in over 200 years, we a different reason on that side than we Mississippi and there ought to be less have now doubled in 6 years. During do, but everybody acknowledges it. Ev- money for loans like Solyndra. Are we that 6 years, we have simply been un- erybody acknowledges as well that supposed to say: Well, sorry, we are not willing to do our work. The American while the rest of the world is in trou- in business in the Senate because the people are upset about what is hap- ble, we are just in a little less trouble one person who can put an appropria- pening in Washington, and they should and we can get out of our trouble more tions bill on the floor has announced be. I am upset about it too. We could be easily than the rest of the world; that suddenly that he is not going to do it. talking about spending on the floor of the single biggest decision about It is not because we don’t have time the Senate. That is the only way to whether the United States deals with to do it. Look, we could be doing it ever get spending under control—the its fiscal crisis and gets the economy today. I will bet we don’t even have a appropriations bills, the most basic moving again is whether the President vote today, much less debate some- work the Congress is supposed to do. and the Congress can govern. That is thing interesting. We have been wast- By the way, we ought to get to where what everyone says, and we know it is ing the entire month. We could have we are talking about more than 38 per- true. In other words, this isn’t out of taken up almost every one—most of cent of the budget when we talk about our hands. This isn’t out of our control. the nine appropriations bills that are the appropriations bills. We have to get In fact, it is within our hands. All we ready to be enacted and put them on that back in the right category as well. have to do is come to some agreement the floor to vote. We have to make the Senate work. about how much money we can spend, The Senator from Missouri is a part The best way to do that is to do the job reform the taxes, reduce the debt, con- of the Republican leadership. He has the Congress is supposed to do, the trol entitlement spending, and this that honor. There is a different way to House and the Senate. When only the country will take off like a rocket. run the Senate, and maybe that should House does it, there is no chance to The retiring head of the World Bank be a major factor in the election this have that conference. That is how leg- last month told a briefing of about 35 year. Maybe people would like to see islation works, back to the Senator’s Democratic and Republican Senators— the Senate work on the $1 trillion that original point. The House passes a bill. all of whom are concerned about this, is a part of the appropriations bills, Any of us who had the basic civic all of whom are committed to working bring amendments and bills to the course remember how that chart on it—that people who are making de- floor in a bipartisan way, let Senators looked: The House passes a bill, the cisions about whether to hire people or from every State vote on those, and Senate passes a bill, then you go to whether to invest more money in the vote them up or down. That would be conference and talk about the dif- United States have stopped. They have one way to run the Senate. ferences. stopped because of the uncertainty. And I wonder if that kind of discus- But the current majority has said: And what are they waiting on? They sion has been going on in the Repub- Well, there are differences. We could are waiting to see whether we can func- lican leadership. If we were fortunate never work that out, so we will not do tion. They are waiting to see whether enough to have a majority and move a our part of the legislative process. We we can govern. They have stopped to few desks from that side over to this will not have the debate in the Senate. wait and see. side as a result of the election, how do We will not tell the American people This is not an encouraging indication you think Senator MCCONNELL and the what we are for, and we will let them about whether the United States can Republican leadership would conduct go to the polling place on election day govern. We had some encouragement business in the Senate? guessing what we might be for, but we earlier in the year. That is why several Mr. BLUNT. I do think we are having are certainly not going to let them find of us from both sides of the aisle came that discussion, and particularly about that out by bringing legislation to the to the floor and complimented the ma- the budget. floor. jority leader, complimented the Repub- There have never been 60 popularly The Senate is not doing its work. lican leader, and said: We applaud your elected Republican Senators, so any- This is the fundamental work that agreement to do the appropriations time the Republicans have controlled needs to be done. I mean, imagine when bills. the Senate, it was with a number that the Senator was the Governor of Ten- It says right here in the Constitu- was below 60. And the budget became nessee or when he was president of the tion, Section 9 of Article I, that no incredibly important because you can

VerDate Mar 15 2010 23:49 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.010 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5274 CONGRESSIONAL RECORD — SENATE July 24, 2012 do things that involve spending money then, as Congress has always done, we Then they would start to vote, and the or collecting money during the 10-year will go home and hear a lot of com- majority leader would say: OK, we are budget window, and that decade can be plaints in August this year because we going to stay here until we finish. And extended every single year if you want- are not getting our work done. We are they did. Now, it never was perfect. It ed to. So you can always be talking 10 going to come back in September. The is always a little messy. That is the years in the future of solid policy. And, fiscal year—the spending year—ends way the Senate is. But they got a lot of by the way, in a democracy, 10 years of the end of September, and what are our work done. That is what makes this so knowing what the policy is is a lot of choices going to be? We are not going disappointing. time. to have good choices. We have had no Mr. BLUNT. It is disappointing in We have to have a budget. Our appropriations bills. So the choice is to that, as the Senator says, it is not even friends in the majority—now there are either let the government stop func- that hard to figure out what we could 53 of them—could do anything in the tioning on October 1 or continue spend- be doing or what we should be doing or budget or at least set out to do any- ing money at the level we decided who what is the fundamental work of what thing in the budget that 53 of them knows how many years ago, to spend we should be doing. There are things said they wanted to do. They could that money in many of these programs the Constitution says we can’t do, such change tax policy for 10 years if 53 of because we really have not talked as initiate a tax bill. So we are spend- them wanted to do it. They could about these programs. So we go from ing a lot of time on tax bills that, even change how we implement the Presi- no good choice to an even worse choice. if we passed one, would be unconstitu- dent’s health care bill, if 53 of them Mr. ALEXANDER. We are all good tional. The House has the right to start wanted to do it, because that is spend- friends here. People sometimes talk those bills, and they would say: We are ing money, and we would have to do about lack of civility in the Senate. not even going to deal with that be- that. The fact is the Senate is probably the cause it is outside of the Constitution. I don’t think there is any doubt that most civil place in the United States. It is not as though this is a hard for- if our side were in the majority, we We are excessively nice to each other. mula. would have a budget because, frankly, We have disagreements, but we are nice How do you get spending under con- it is the biggest tool our size majority to each other. But what is dis- trol? The No. 1 domestic priority in the has ever had. There have never been 60 appointing is that it is not functioning. country today should be more private of us. We couldn’t rely on 60. sector job creation. But the No. 1 pri- The Senate is not functioning the way Mr. ALEXANDER. If the Senator ority for the Federal Government would yield, I have heard Senator it is supposed to. It would be as if the President an- would be, how do we get spending MCCONNELL, the Republican leader, nounced: Well, I am not going to the under control? How do we begin to pay speak both in our Republican caucus office for a month or two; or if the Su- off debt rather than add to debt? And and in meetings with Democrats in preme Court said: Well, it has gotten to the only way we can do that is to de- committee and publicly. I believe he be February, and we think we will stop bate the spending bills. has made it absolutely clear that if he The Senator mentioned the former deciding cases and go home, we will go were fortunate enough to be the major- head of the World Bank a minute ago. on vacation. What would the American ity leader, that he would bring appro- I heard him mention a few days ago people say? Well, that is what is hap- priations bills to the floor, that he that several years ago after leaving the would see that a large number of pening here. And it is not that we don’t governorship, he spent some time in amendments from both sides of the have the time. We have it right now. Australia and made good friends aisle were offered, and that we would We have it this minute that we could there—one of the former Prime Min- be working longer, working later, and do be doing it. isters of Australia. And I will let him What makes it especially dis- getting more done. tell that story. Everybody in the world appointing is that earlier this year Mr. BLUNT. I think the Senator is knows the best and strongest economy there was what I call an outbreak of exactly right. He has made that pledge and workforce in the world is ours, if good government. We had the majority at press conferences. I think some of we just do the right thing. And the leader and the Republican leader say- that has been said recently on the floor right thing is not that hard to figure ing: Let’s bring all the appropriations of the Senate: Let’s get our work done. out. And if we were in the majority, we bills to the floor, and people on both The Senator from Tennessee was tell- would pledge that we would get our sides were applauding them. And then ing me one of the former Prime Min- work done. That means Republican we had some discussions, and lo and be- isters had just returned to the govern- Senators and Democratic Senators hold, suddenly we had bills coming to ment after some time away. What would wind up having to take some the floor that made a difference in the about his comment about what it takes votes they would just as soon not take, lives of Americans: the FAA bill, which for our country to reassert itself as the but that has always been part of being is about airline safety, the farm bill, economic place to watch and place to in the Senate, that you are here to say the highway bill, and the Postal Serv- be and want to be. When the Senator what you are for, and you are here for ice bill. And thanks to suggestions by reminded me about that story, I 6 years to say what you are for. the Senator from Michigan, Mr. LEVIN, thought it was very telling. People all The last 6 years—if you have served and others, we began to adopt an agree- over the world understand what it is we in the Senate and your only time in ment: Let’s allow all relevant amend- ought to do, but we are just not doing the Senate, as would be the case for ments to the bill be considered. So we it. some of our colleagues up to now, has began to vote a lot. I think one bill had Mr. ALEXANDER. I would be happy been the last 6 years, you have really 73 amendments. And then there were to do that. Actually, Bob Zoellick, the never had a chance to say what you are even some amendments that weren’t retiring head of the World Bank, re- for. Half the years you didn’t even have relevant. ported this story to 35 or 40 of us—both an appropriations bill on the floor. It began to look like the time in the parties—to find out how to do what we And we have added to the legislative 1980s when Senators Byrd and Baker are talking about, which is to deal with dialog normal phrases that didn’t used ran the Senate. Senator Byrd or Sen- the fiscal cliff issues coming at the end to be quite as normal, such as ‘‘con- ator Baker would come to the floor and of the year. He repeated Bob Carr, the tinuing resolution.’’ And what is a con- say: All right, here is a bill that is sup- new Foreign Minister in Australia, who tinuing resolution? That means you ba- ported by the Democratic chairman said in a speech in Washington that the sically can’t get your work done for and the ranking Republican, or vice United States is one budget agreement the next year, so you decide to just put versa. They put it on the floor, and away from reasserting its global pre- a couple of bandaids on whatever were they would ask for amendments. They eminence. the rules for last year and move for- might get 300, and then they would say: All of us believe the United States is ward. When you talk about a con- I ask unanimous consent to have no the preeminent country in the world. tinuing resolution, that is failure. more amendments. And of course they That statement comes from a great We are going to have a few more days would get it because everybody who friend of the United States who wants here in July and early August, and wanted an amendment had offered one. us to succeed and who knows we can.

VerDate Mar 15 2010 23:49 Jul 24, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.012 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5275 If we want to get our economy mov- do our job. That is the way this process icit this year. I believe to give huge tax ing again and help the world get its has to work. It is disappointing that it breaks to millionaires and billionaires economy moving again, the main thing is not working. makes no sense, and I believe it makes we need to do is make this fiscal agree- We are going to come back in all no sense to the American people. ment, deal with the debt, deal with tax likelihood in September with bad Our Republican friends have made it reform, deal with the payroll taxes, choices that will be made. One is to very clear that when they say they deal with the sequester, and deal with shut the government down. One is to don’t want to raise taxes on anyone, the appropriations bills. This is the just somehow continue to spend money that is just code for saying they don’t single most important thing we can do as we have been spending it as the debt want to raise taxes on millionaires and to get our economy moving again in- of the United States of America dou- billionaires. I should add that if Gov- stead of heading into a depression. He bled in about 6 years. ernor Mitt Romney becomes President, put it that way to reassert, establish, I yield back to my friend from Ten- he has proposed even more tax breaks claim, renew—whatever adjective or nessee. for the wealthiest people in this coun- verb we want to use. The way to main- Mr. ALEXANDER. Mr. President, we try while at the same time cutting So- tain America’s global preeminence is yield back the remainder of our time. cial Security, ending Medicare as we I see the Senator from Nebraska is to get a budget agreement at the end of know it, and slashing investments in here. I wonder if he is here to be a part the year. We were off to such a prom- education, transportation, child care, of our colloquy or to make another ising start this year and now we slid nutrition, and a variety of other pro- statement. grams that benefit working families backwards. The PRESIDING OFFICER. The Sen- I will let the Senator from Missouri and the middle class. ator from Nebraska. make the final remarks in the col- Mr. JOHANNS. Mr. President, I am SOCIAL SECURITY loquy. It is my hope the majority lead- here to make another statement, but I This morning I want to say a few er will decide to use the rest of our do want to associate myself with what words about Social Security. Let me be time this week and next week to deal the two Senators had to say, the Sen- very clear. When we talk about Social with appropriations bills, and then ator from Missouri and the Senator Security, it is imperative that we un- when we come back in September we from Tennessee. I look at our assign- derstand that Social Security has not could deal with more. It doesn’t take ment between now and the end of the contributed one nickel to our deficit or long. Let’s just put them on the Senate year, and we have some monumental our national debt. So when people say floor and get to work. We can agree on issues to tackle. In fact, they are so we have a national debt problem and a reasonable number of amendments. monumental that many are referring that we have Social Security and they We showed we could do that before, and to the work that needs to be done as a fuse the two together, that is simply the American people would appreciate fiscal cliff. Some are talking in the incorrect. us doing our job. vein that we are going to cause another As all Americans know, Social Secu- Remember, 9 of the 12 are ready to recession unless we come to grips with rity is independently funded through go. It affects 38 percent of the budget. these issues. payroll tax contributions from workers That is more than $1 trillion in spend- I look at this week and so many and employers. Up until last year, it ing. That would be one more indication weeks that have passed this year and has received no funding from the Fed- we are capable of governing ourselves, nothing has been done. I am going to eral Treasury. which is the single most important sig- guess when this week is all said and Despite the rhetoric we hear from nal that those who invest and create done, we will probably take three Republicans and those on Wall Street, jobs in America need to see and hear votes. That seems unbelievable for the Social Security is not in financial cri- from Washington, DC. Senate. It doesn’t have to be this way sis. Social Security has a $2.7 trillion I thank the Senator from Missouri at all. We could be addressing the im- surplus. According to the Social Secu- for his leadership and for coming to the portant issues that face our Nation. rity Administration, Social Security Senate floor. There isn’t any reason we should not be will be able to pay out 100 percent of Mr. BLUNT. My only thought, as we addressing those issues. Let’s debate promised benefits to every eligible re- are standing here finishing up this dis- bills, vote on them, and do the right cipient for the next 21 years. cussion, is that as people hear this, Although the American people now thing for our country. they may wonder if Senator ALEX- I thank the two Senators for their take Social Security for granted, we ANDER and Senator BLUNT are talking comments and I am pleased to be able should never underestimate the incred- about how the Federal Government can to associate myself. ibly positive impact Social Security spend the money, and that being the I yield the floor. has had on our country. Sometimes we most important thing. If we are going The PRESIDING OFFICER. The Sen- do forget it, especially when those peo- to get spending under control, of ator from Vermont. ple come up and say: Let’s cut Social course, it is the most important thing. Mr. SANDERS. Mr. President, I rise Security. Let’s cut Social Security. It is not a desire to spend money, it is this morning in strong support of the But let’s talk about what Social Secu- a desire to debate how we spend the Middle Class Tax Cut Relief Act that rity has accomplished. money, to plan how we spend the would extend tax cuts for 98 percent of Since its inception over 75 years ago, money, and give as much notice as we the American people while letting the through good economic times and bad, can to the country, to the States, and Bush tax breaks for the wealthiest 2 through terrible recessions, Social Se- to the people who are trying to make percent expire at the end of this year. curity has paid out every nickel owed job-creating decisions. We want to I also want to express my strong op- to every eligible beneficiary with mini- show them the American government position to the McConnell-Hatch bill mal administrative cost. This is an ex- is going to do the right thing and is that would provide tens of billions of traordinary accomplishment. Nobody going to plan for a future that makes dollars in tax breaks next year to mil- has ever received a letter from the So- sense rather than fail to plan and lionaires and billionaires who today cial Security Administration saying: stumble into a future that continues to are doing phenomenally well. Sorry. We are in the middle of a reces- just do the wrong things. Really, this is not a complicated sion. We have had to cut your benefits We have seen the debt of the country issue. The United States now is seeing in half. Every eligible beneficiary has almost double in 6 years. Surely, that growing wealth and income inequality. received 100 percent of the benefits is enough indication that what we are The middle class is disappearing, pov- owed to him or her. doing is not working and more of the erty is increasing, the people at the top During this 75-year period, Social Se- same is not the answer. Getting back are doing very well at the same time curity has succeeded in keeping mil- to the real responsibility of the Senate that the effective tax rate of the millions of senior citizens, widows, or- to do its job—the House is doing its lionaires and billionaires is the lowest phans, and persons with disability out job. They are going to take some criti- it has been for many decades. of poverty. Before Social Security ex- cism about the programs they said This country has a $16 trillion na- isted, almost half of America’s senior should be cut or redefined. We need to tional debt. We have a $1 trillion def- citizens lived in poverty. Today, that

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.014 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5276 CONGRESSIONAL RECORD — SENATE July 24, 2012 number is still too high, but it is 10 is a 32-percent cut for this middle-class In 2008, candidate Barack Obama was percent not 50 percent. wage earner? It is about $7,500 a year, exactly right. That is the solution to More than 55 million Americans now and that, my friends, is a lot of money the long-term financial needs of Social receive Social Security benefits. I for a retiree. Security, and that is why I introduced would contrast that record to the situ- It should come as no surprise that candidate Obama’s concept into legis- ation we recently saw on Wall Street Republicans in Washington and Gov- lation. It was the right approach. I when millions of Americans lost sig- ernor Romney want to slash Social Se- have introduced it into legislation and nificant or all of their retirement sav- curity. The truth is, Republicans have it now has 10 cosponsors. ings because of the collapse of Wall never liked Social Security, and they Here is how the Economic Times re- Street and the financial crisis we went have been attacking Social Security ported on the subject back on June 14, through. Despite this success, despite since its inception. That is not news. 2008: this incredibly strong record, my Re- The question that millions of Ameri- Barack Obama would apply the Social Se- publican friends, and too many Demo- cans are asking themselves today, how- curity payroll tax to all annual incomes cratic friends, are calling for cuts in ever, is where President Obama stands above $250,000, which would affect the Social Security. on Social Security. Unfortunately, he wealthiest 3 percent of Americans. The Pres- has been largely silent on this issue idential candidate told senior citizens in For example, we know where Mitt Ohio that it is unfair for middle-class earn- Romney stands on Social Security. Mr. since he has been in the White House ers to pay the Social Security tax ‘‘on every Romney wants to begin the process of and during the current 2012 campaign. dime they make,’’ while millionaires and bil- privatizing Social Security. I disagree He made a very strong statement re- lionaires pay it on only ‘‘a very small per- with him because I think that would cently, incorrectly attacking the Re- centage of their income.’’ benefit primarily his friends on Wall publican proposal—the so-called Ryan That is what Barack Obama said Street, because if we privatize Social proposal—to move Medicare toward a when he was running for President in Security, where are people going to get voucher program. But unless I am mis- 2008. I agreed with him. He was very their retirement benefits? From Wall taken, I did not hear a word from him clear. I suspect millions of Americans Street. Those guys on Wall Street will on the future of Social Security, and voted for Barack Obama because of the end up making huge amounts of money that is a shame. strong stand he made in defending So- by charging the average American a That is a shame because candidate cial Security. Unfortunately, since he significant commission for their serv- Barack Obama, when he was running has been in office, he has been much ice. for President in 2008, made it very clear less clear about his position on Social Mr. Romney wants to gradually in- to the American people he would be a Security. There were reports last year crease the retirement age to 68 or 69. I strong defender of Social Security. Let he was considering cutting Social Se- don’t agree with that. At a time when me remind the American people ex- curity as part of a grand bargain with actly what Barack Obama said on the 23 million Americans remain unem- the Speaker of the House JOHN BOEH- campaign trail in 2008. ployed or underemployed and when the NER. long-term unemployment for senior On September 6, 2008, Barack Obama What I simply want to know, and I citizens is skyrocketing, tell me how told the AARP the following: think what the American people want many employers out there are going to John McCain’s campaign has suggested to know, is where does the President that the best answer for the growing pres- say to a 68-year-old person or a 69-year- sures on Social Security might be to cut cost stand on Social Security? Is he going old person: We have a great job for you, of living adjustments or raise the retirement to keep faith with the American peo- especially if someone is in the con- age. Let me be clear: I will not do either. ple? Does he continue to believe what struction trades or is a nurse or is That was then-candidate Senator he believed when he ran for President? somebody who stands on their feet 8 or Barack Obama. On April 16, 2008, Sen- Is he going to say to the millions and 9 hours a day, such as a waiter or a ator Barack Obama said: millions of seniors out there who are waitress. I don’t think those jobs are The alternatives, like raising the retire- struggling every single day to keep going to be there if we raise the Social ment age, or cutting benefits, or raising the their heads above water that we are Security retirement age. I don’t know payroll tax on everybody, including people not going to balance the budget on the what those folks are going to be doing making less than $97,000 a year— backs of the elderly and the children for income. Which today would be $110,000 a and the sick and the poor; that we are Finally, the Romney campaign has year— not going to continue to give tax put on his Web site the following: those are not good policy options. breaks to millionaires and billionaires Mitt believes that [Social Security] bene- On November 11, 2007, candidate who are doing phenomenally well and fits should continue to grow but that the Barack Obama said: cut Social Security as part of some growth rate should be lower for those with I believe that cutting [Social Security] grand bargain when, in fact, Social Se- higher incomes. benefits is not the right answer; and that curity has not contributed a nickel to What does that mean in English? raising the retirement age is not the best op- the deficit situation? While Mr. Romney has been somewhat tion. As the Presiding Officer well knows, vague about his intentions and has not In order to address the long-term fi- in terms of Social Security, there is a spelled out the exact details of this nancial challenges of Social Security, lot of discussion in the Senate about proposal, some of my Republican candidate Barack Obama came up with moving toward a chained CPI—a friends in the Senate have provided an idea that I believe hit the nail on chained CPI. Nobody outside this room what I believe is the roadmap Mr. Rom- the head. It was exactly the right ap- understands what a chained CPI is, but ney is talking about. Last year, Sen- proach, and I have applauded him for I will tell you what it is. A chained CPI ators LINDSEY GRAHAM, RAND PAUL, coming up with that idea. What he said is significant cuts in Social Security and MIKE LEE introduced a bill that is that he would apply the Social Secu- COLAs, and it rests on the theory, if we would, among other things, reduce the rity payroll tax on income above can believe it, that COLAs for seniors future growth rate of Social Security $250,000 a year to make sure a million- on Social Security are too generous. benefits for the top 60 percent of earn- aire and a billionaire pay the same per- When I tell this to the seniors in ers—60 percent of earners—by estab- centage of their income into Social Se- Vermont, I say: Please, don’t laugh, lishing what they call a progressive curity as someone who today makes but they always laugh. They say: Ber- price index. $110,000 a year. nie, in the last 2 out of 3 years, while Who are these so-called higher in- The bottom line is we lift the cap on our health care costs have been going come individuals whom my Republican taxable income so billionaires and mil- up, while our prescription drug costs friends are talking about? Under this lionaires and those making above have been going up, we haven’t gotten Republican bill, a worker making $250,000 a year start contributing into a COLA at all. How could they possibly about $45,000 a year today, retiring in the Social Security trust fund. Recent believe the formulation for coming up 2050, would receive 32 percent less in reports have confirmed this would en- with these COLAs is too generous? annual Social Security benefits than sure Social Security would remain sol- But that is what the billionaires and under the current formula. How much vent for the next 75 years. the millionaires want, that is what our

VerDate Mar 15 2010 02:14 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.017 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5277 Republican friends want, and that is on its feet. Well, I know our prosperity ate, and even before, that we give mid- what some Democrats want. They want has always stemmed from and been dle-class people a tax break to go to to come up with a formulation which measured by the success of the middle college. will cut Social Security benefits. It class. They are the ones who get in We help the poor already with Pell will mean, if someone is 65 today, that early and stay late. They take on a sec- grants and things such as that. That is when they become 75, they will receive ond job to make it just a little bit easi- a very good thing, and I am proud we $500 a year less; and when they are 85 er to pay for college. They wait to re- do it. But a person or a family can be and are trying to get by on $15,000, tire to save more to help their children making $50,000, $70,000, $90,000, $110,000, $16,000 a year, they are going to cut and grandchildren. Under no cir- and if a kid is going to college and it $1,000 from their Social Security bene- cumstances should middle-class people costs $10,000 or $20,000 or $30,000 or fits. be worried about their taxes going up, $40,000 a year, they can’t afford it. As a I think—when this country has the particularly at a time when median in- result, we have millions of parents most unequal distribution of income come, middle-class income is declining stretching and stretching and stretch- and wealth, when the top 1 percent in America. ing to help their kids, and millions owns 40 percent of the wealth of this To raise taxes at a time when the more students are taking on huge debt country, when in the last study I saw middle class is struggling makes no loads because they know college is so 93 percent of all new income in 2010 sense whatsoever. Under no cir- important. It is vital for us to help went to the top 1 percent—we shouldn’t cumstances—no circumstances—should them. balance the budget by cutting Social the middle class have to worry about When a young man or a young Security for people who are trying to their taxes going up. woman who deserves to go to college survive on $14,000 or $15,000 a year. So we are proposing a 1-year exten- doesn’t because they can’t afford it, That is not the right formulation or sion of the Bush-era tax cuts on all they lose, their family loses, and our the way we should go. Americans on the first $250,000 of in- country loses as well. When a young I wish to conclude my remarks by come they make. Let it be known that person goes to the college they simply saying I am going to do every- tax break will go to everybody. A per- shouldn’t go to because they can’t af- thing I can to defend Social Security. I son could be making $10 million and ford the college they deserve to go to am going to do everything I can—given they will get the same tax break on the and want to go to, they lose, their fam- the fact our deficit is largely caused by first $250,000 as someone making ily loses, and America loses. So it has unpaid wars and tax breaks for the rich $200,000 or $220,000 or someone making been a passion of mine that we give the and the recession, which was created $80,000. So it does not discriminate. middle class—not just the poor but the by Wall Street greed—to fight any ef- By the way, we are lucky in America middle class as well—help in paying for fort to cut Social Security, Medicare, that we have people who have made a college because it is so expensive but it and Medicaid. whole lot of money by starting busi- is also so important. Today, I think the American people nesses and employing people. We revel So we have a law now called the know where the Republicans stand on in the fact that America does that, and American opportunity tax credit. It is Social Security. They know where Gov- we admire well-to-do people. The dif- legislation I wrote. It helped 9.1 million ernor Romney stands on Social Secu- ference is we don’t think they need a families get a tax break on their chil- rity. But now is the time for the Presi- tax break when that money could go to dren’s college tuition last year. Be- dent of the United States to tell us deficit reduction instead. Well, we cause of the American opportunity tax where he stands on Social Security. Is can’t say that for the middle class be- credit, more parents and students now he going to keep faith with the prom- cause the middle class, obviously, has qualify for tax relief to pay for college ises he made in 2008? Is he going to less money and is struggling. So that is expenses not just for 2 years but for a stand with the senior citizens of this why we choose $250,000 as the line. whole 4 years of study. It gives a $2,500 country and say: No, we are not going In addition, there were three more tax credit right off a family’s taxes to to balance the budget by cutting Social very important tax cuts signed into families whose income is up to $180,000 Security? law by President Obama that working a year. So it goes well into the middle I look forward to hearing what the families across America rely on. They class and even a little higher in many President has to say. This is an enor- are the American opportunity tax cred- States. But it is needed. It is vital. mously important issue to the seniors it, the expanded child tax credit, and If this tax credit expires, families and the veterans of Vermont, and I am the earned-income tax credit. Our pro- who rejoiced—I have talked to them going to continue dealing with it. posal would extend these tax cuts as across my State of New York in every With that, I suggest the absence of a well. So under our plan the middle corner of the State. Moms and dads are quorum. class will be secure in the knowledge sitting around the kitchen tables Fri- The PRESIDING OFFICER (Mr. that their taxes aren’t going to go up day night after dinner, the kids are MANCHIN). The clerk will call the roll. The bill clerk proceeded to call the over the next 5 months while we all de- out, saying: How are we going to pay roll. bate the fiscal cliff and all the things for college for Mary or Jane or Tom or Mr. SCHUMER. Mr. President. we have to do to prevent our deficit Bill? They have sleepless nights about The PRESIDING OFFICER. The Sen- from growing. This should be priority it. So why, why would our colleagues ator from New York. No. 1—to secure the middle class while on the other side of the aisle let this Mr. SCHUMER. I ask unanimous con- we have this debate. tax break expire? Why does their pro- sent that the order for the quorum call I wish to focus for a moment on a posal, which continues tax breaks for be rescinded. glaring difference between our plan and the wealthiest of Americans, kick The PRESIDING OFFICER. Without the Republican plan. We all know how these tax incentives to the curb? To let objection, it is so ordered. hard it is to pay for college. We all this tax break expire is a dagger to the Mr. SCHUMER. Mr. President, today know how important a college degree heart of the middle class, and that is I wish to talk about a bill that will re- is. Study after study after study has just what our colleagues on the other duce taxes for 97 percent of all small shown if a person gets a college degree, side of the aisle are doing. business owners. I wish to talk about a they will make more income and a per- It is more than clear Republicans are bill that will keep $2,200 in the pockets son will have a better life. Some of the going to hold up the middle-class tax of the middle class next year. I wish to recent studies show people even live cuts, including this needed and signifi- talk about a bill that will extend tax longer. Having a college degree is so cant help to pay for college, to insist cuts for those making less than $250,000 important to American families. Yet, that we provide those at the highest in- per year. I wish to talk about the Mid- at the same time, the cost of college is come levels—people who make over dle Class Tax Cut Act and why it rising. Whether a person goes to a pri- $250,000 a year—with a tax cut at the should pass with overwhelming and bi- vate school, a religious school, or a same time. They are holding the mid- partisan support. public university, the cost is going up dle-class tax cuts hostage. My colleagues across the aisle have and up and up. So it has been a passion Now, I will be the first to congratu- said they want to get our country back of mine since I have come to the Sen- late people who are very wealthy, as I

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.018 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5278 CONGRESSIONAL RECORD — SENATE July 24, 2012 mentioned. They have been successful. honor in my years in the Senate to be Another characteristic of ‘‘we the They are living the American dream. on the committee that funds the Amer- first’’ was where she said—and we God bless them. They create jobs. They ican space program. I have important would agree—that you do not get to be do. But today’s debate is not about space assets in my own State of Mary- a ‘‘me’’ without a whole lot of ‘‘we.’’ them or their taxes. We can have a rig- land: the great Goddard Space Flight She was a firm believer in public orous debate about whether they de- Center and Wallops Island, from where schools, public education, public librar- serve another tax break or whether we hope to do some new launches later ies—those opportunities that enable that money should go to deficit reduc- this summer. you to go to school, that enable you to tion or maybe for education or infra- But for me, my journey into space, go get a Ph.D. at Stanford, that enable structure or scientific research. That is my love for space began not only when you to get out there and compete, to be a debate for another day, and I look John Glenn went into space, and when an astronaut, that when we think forward to it. we walked on the Moon, but I will about ourselves, we think about our Today’s debate is about the middle never forget that day Sally Ride, in families, we think about our teachers, class. Letting these tax cuts expire 1983, boarded that shuttle, strapped we think about our coaches. would generate serious problems for herself in, put on her helmet, the rock- We are so indebted to them, and she our middle-class families and busi- ets roared, and out she went. The whole was too. She was so indebted that that nesses. world had signs, cheers saying: Go is the way she wanted to devote her It could prevent them from being Sally. Go Sally. Wow, I will never for- life. Sally Ride knew she was famous, able to pay for their kids’ education or get it. but she had no desire to get rich. She buy a new house or a new car. It could I was in the House of Representa- did not capitalize on her big name, her mean they put off retirement a little tives. I was down there. We were wait- big iconic international brand. She bit longer or cancel a vacation. That ing. We were excited. There was noth- wanted to use her name, her reputa- would have repercussions across the ing like it. Mr. President, if you have tion, the Sally Ride brand, to be inspi- entire economy. So extending the tax not seen a shuttle launch, it is the rational and motivational. She did not cuts for the middle class is a no-brainer most amazing thing. The ground seek profit. She sought to inspire oth- and the American people are on our shakes. You feel it. You feel it in your ers. side. body. You feel it in your heart. Then, After retiring from NASA, she dedi- I hope, I pray, I beseech our friends as that rocket took off, we cheered her cated her entire life to encouraging on the other side of the aisle to listen on. It was an enormously patriotic mo- young women to study science, math, to the middle class, saying: Look, you ment. Once again, our shuttle flew high and technology, to love that which she guys fight over what you should do for into the sky. It was the Challenger, loved and wanted to do. She continued the highest income people but come to- and later on it would have its own ren- to do that all the way up to the last gether on helping us. dezvous with destiny. months of her life. That is what we can do. If our col- I was so proud of Dr. Ride. But I was I recall in 2008 I invited her to Balti- leagues on the other side of the aisle proud of my country. I was proud of its more to celebrate the 25th anniversary want to get this country back on track, vision, of its innovation, and I was of her going into space. We had this great afternoon. After a wonderful they will join us in supporting this proud of the fact that we live in a lunch of crab cakes and talking things critical legislation, including the tax country where women can follow their over, we went to the Maryland Science credit to help pay for college edu- dreams, to take the talents God has Center. There were these girls there, cation, to help the families and busi- given them and be able to pursue them. Girl Scouts working on badges about nesses that are the real job creators When I saw Dr. Ride go into space, science and technology. There was this and prosperity makers. another barrier was broken for women. great globe that showed planet Earth, With that, Mr. President, I yield the Even though Sally was the first, she and she talked about what it is like to remainder of my time. did not want to be the only. When she study the planet. She talked about The PRESIDING OFFICER. The Sen- launched into space, yes, she broke a what it is like to go into space. What ator from Maryland. barrier; yes, she took with her the she said was, when you are busy look- Ms. MIKULSKI. Good afternoon, Mr. hopes and dreams of many girls, but ing out there in space, and you look President. she wanted more to come. She had a back, you see this great planet, and The PRESIDING OFFICER. Good characteristic of many of us who are you want to do all you can to help it afternoon. the first. She said though she was the and save it. REMEMBERING SALLY RIDE first American woman, she did not Those young girls were mesmerized. Ms. MIKULSKI. Mr. President, I rise want to be the only American woman. Well, wow, that was 4 years ago. Many today to honor the life and legacy of a She devoted her career to encouraging of them have now finished their Girl dear friend, someone whom I admire, young women to go into science and to Scout badges, many have finished mid- and someone whom the whole world also come into the space program. Now dle school and are in high school. But, cheered on, Dr. Sally Ride. more than 50 women have gone into hopefully, they are not finished their Dr. Ride was the first American space, and it has been an astounding— great interest in science. woman in space. When she went out an astounding—accomplishment. That is what her work was. there, she blazed a trail out into the Dr. Ride and I talked about what it is She also had a great impact on the stars for women in science and women like to be the first. When I was elected space program itself. in technology, inspiring not only to the Senate, I became the first Demo- When Al Gore was here as a Senator, American girls but girls around the cratic woman elected to the Senate in he was on the authorizing committee, world. her own right. Among the first 10 and I, of course, was an appropriator. Last night, we got the very sad news phone calls I got was from Sally Ride, She worked with NASA and us on a that Dr. Ride passed away after a brave congratulating me. She said: Hey, you new strategic vision for NASA. Then, fight against pancreatic cancer. broke a barrier and you are going to go what did she say about what we should I wanted to come to the floor to into new space. It is called Senate study? Planets, galaxies, asteroids, you speak about her. We all know the biog- space. After we joked and laughed, and name it; rings around Saturn, yes. But raphy. Dr. Ride became an astronaut so on, we said: Gee, we ‘‘firstees’’ ought you know what else she said? She said: after answering an ad in her college to have a club that should meet on the Let’s study this planet where we sus- newspaper. She had earned a Ph.D. in first Monday of the first month, the pect there is intelligent life. She had a physics from Stanford. She also earned first of the year. We had Sandra Day great sense of humor. Al Gore and I a graduate degree in Shakespeare. She O’Connor. There was Sally Ride. Presi- leaned forward in our chairs and said: joined the first group of women in the dent George Bush was to go on to ap- What would that be? What did Sally astronaut corps and trained to be a point Bernadine Healy as the first know that had been dreamt about for mission specialist. woman to head NIH. ages—intelligent life? She said: Yes, it I knew Sally Ride both professionally As we talked about it, she said: We is called planet Earth. Let’s see if we and personally. I have had the great who are the first cannot be the only. can find it.

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.019 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5279 Dr. Ride, after we had our laughs hate to think of what might happen to taxes. Americans also spent nearly 8 that day, suggested that we study our him while we are waiting here and that billion hours preparing their tax re- own planet as if it were a distant star we have not used every bit of the lever- turns this spring. This amounts to 1 so that we would get to know it, we age of this money that we give to Paki- million people working full time for an would know its climate, we would stan. It is our money, it is your money, entire year. There is no reason that know its weather, and also we would and we should not be sending it to a paying taxes should be so confusing take the time to know its people, and country that disrespects us. and so complicated, so time-con- that we would do it to save the planet If Pakistan wants to be our ally, they suming. and save the people who are on the should act like it. If Pakistan wants to The burden this process places on in- planet. work with us in the war on terrorism, dividuals and small businesses must be I regret that our own science is not they should act like it. And impris- relieved. According to the nonpartisan yet advanced to have saved Dr. Ride. oning the man who helped us get one of Tax Foundation, the average American She died of pancreatic cancer. I know the world’s worst mass murderers is taxpayer will spend more on taxes in the gifted and talented people at NIH not a way to encourage cooperation be- 2012 then they spend on food, clothing, and those who benefit from the funding tween our countries. and housing combined. of NIH are working all over this great This episode of imprisoning this man It is time for tax freedom. We need to country to find cures for that dread is driving a wedge between America replace our deeply flawed tax system ‘‘C’’ word. Pancreatic cancer is deadly and Pakistan. So if Pakistan wants to with a commonsense system that is and it is fast and it is painful. She died help us, good. Can we cooperate with simpler and more growth oriented. The steadfast and true to herself and true them? Yes. But we should not continue Tax Code matters when it comes to to her mission. to send good money after bad while growing the economy. It is for these I think the entire world owes a debt they are imprisoning this man. This reasons that I am a sponsor of S. 13 and of gratitude to her. The way we can doctor deserves our respect. a long time supporter of the Fair Tax, honor her memory is to encourage stu- I have also introduced legislation which I see as a step in the direction of dents to search for the stars, but let’s that would allow him to come to the liberty and prosperity. The Fair Tax search here for the problems that hurt United States if there is a threat to his eliminates payroll, estate, and many our own people. Let’s find a cure for safety in Pakistan and if he wishes to other taxes, to be replaced with a na- pancreatic cancer. And let’s continue come here as a reward for helping us tional sales tax levied on purchased to be a great country that innovates get bin Laden. goods, placing all Americans on equal and also educates and believes in edu- This vote will happen either in early footing. The Fair Tax allows our businesses to thrive while generating tax cating its women and girls in the same September or late August, depending revenues to be similar to our current 3- way. on what happens with his appeal. I million-word-long Tax Code. God bless Sally Ride. And God bless hope some common sense will inter- America, the kind of country that The process of tax reform has major vene and they will let him go. But at consequences for every citizen of our made Dr. Ride’s life possible. the very least, Americans need to know I yield the floor. country. But it is a process that must that Pakistan needs to cooperate with be started because the consequences of The PRESIDING OFFICER. The Sen- us, Pakistan needs to help this man, ator from Kentucky. inaction are too costly. The truth re- and that we all should be proud of what mains that Americans want and need DR. SHAKIL ALFRIDI he did to help us get bin Laden. I will some sort of tax-filing relief. The need Mr. PAUL. Mr. President, Dr. Shakil do everything possible, everything I for commonsense reform becomes more Alfridi is a physician in Pakistan. He have within my limits, to get this vote obvious each and every tax season. has been put in prison for the rest of to occur, and this will happen within Over the course of the last several his life for the crime, basically, of help- the next month when his trial comes years, American taxpayers have being the United States get bin Laden. I forward on August 30. come much more attentive to what is think it is a travesty of justice that Mr. President, I yield back my time. and is not happening in the Nation’s Pakistan is holding this man for the f Capital, and they have made their crime of helping America, and I think RECESS choices clearly heard. They have a we should not tolerate it. message Congress should be willing to We send Pakistan $2 billion a year, The PRESIDING OFFICER. Under listen to, and that message is: Simplify and recently, instead of withholding the previous order, the Senate stands the Tax Code. that, President Obama has given them in recess until 2:15 p.m. today. In doing so, we will create an oppor- an additional $1 billion—exactly the Thereupon, the Senate, at 12:30 p.m., tunity for economic growth and new wrong thing to do. I have a bill that recessed until 2:15 p.m. and reassem- prosperity while increasing personal will withhold all further foreign aid to bled when called to order by the Pre- freedom and liberty. By reforming this Pakistan unless this doctor is released. siding Officer (Mr. WEBB). broken process, the Tax Code we have There are reports now that his life f today, Americans will once again be has been threatened. There are reports more in charge of their lives and their coming from the Information Minister MIDDLE CLASS TAX CUT ACT— MOTION TO PROCEED—Continued money. in the province where he is being held This coming January, as we know, that his life has been threatened by fel- Mr. DURBIN. Mr. President, I sug- our Nation faces a fiscal cliff. On top of low inmates and throughout the com- gest the absence of a quorum. the tax increases included in President munity. The PRESIDING OFFICER. The Obama’s health care law, if the Bush My concern is that Dr. Alfridi may clerk will call the roll. tax cuts are allowed to expire, a tax in- well be killed before he comes to trial. The legislative clerk proceeded to crease of $494 billion will strike the He was scheduled for an appeal on July call the roll. economy. For Kansans, that is an aver- 19. They have rescheduled this, and it Mr. MORAN. Mr. President, I ask age tax increase of $3,000 per tax re- will be on August 30. unanimous consent that the order for turn, money they should be using to I have a bill, and I have the votes the quorum call be rescinded. put food on their family’s table, save necessary to demand a vote in the Sen- The PRESIDING OFFICER. Without for their children’s education, and pre- ate. No matter what the leadership objection, it is so ordered. pare for their own retirement. It is es- wants, we will have a vote on ending Mr. MORAN. Mr. President, I wish to timated that 70 percent of the looming all of Pakistan’s aid if this political speak about the tax issues the Senate tax increases will fall directly on low- prisoner, Dr. Shakil Alfridi, is not re- is facing this week. There is clearly a and middle-income families. leased. We will have this vote. I had tremendous need for comprehensive This week, Congress will consider a threatened to have the vote this week, tax reform. Americans worked from tax proposal from the majority leader but I am going to delay it for one January 1 to April 17 this year, 107 that increases taxes, unfortunately, month to see if the appeal works, to days, to earn enough money to pay the exact opposite of what our econ- see if he is still safe in 1 month. But I their share of Federal, State, and local omy needs. S. 3412 that we are debating

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.021 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5280 CONGRESSIONAL RECORD — SENATE July 24, 2012 this week raises the death tax on fam- entire country is in mourning for the darity and mourning. They deserve our ily farms, small businesses and ranches 12 innocent people who were gunned attention, our action. What we do to and estates to a level over a decade old, down in Aurora, CO, last week. Our prevent these tragedies in the future when they were brought down in a bi- thoughts and our prayers are with doz- will be the real test of character of this partisan basis. ens more still recovering from their body. The best way to prove we are This proposal would increase the wounds. We are mourning with people concerned is to take the action nec- death tax from its current rate of 35 we never knew, with unfamiliar names, essary to protect young lives because percent to 55 percent. According to the but we have seen pictures of grief- on that score now we lose. nonpartisan Joint Committee on Tax- stricken parents, friends, neighbors, I have been in the Senate a long ation, the number of estates hit by this and our hearts break with them. We time, and I have seen too many Ameri- tax will rise from 3,600 to nearly 47,000. wish we could reach across the country cans murdered by guns, too many lives Nothing hinders the transfer of a and offer them some comfort while we cut short because of the easy avail- family farm to the next generation mourn. ability of guns, and too many times more than the estate tax. It is an un- We know our mourning alone will not Congress has sat back, cowered before fair, unjust burden on our economy, be enough to prevent a future tragedy the gun lobby and done nothing to pre- and it punishes Kansans who want to unless we do something. We in Con- vent these tragedies from happening in continue their family business. I have gress have an obligation to turn grief the future. We can’t wait any longer, long sought a permanent repeal of the into action, as we have often done Mr. President, without the public at estate tax and have pursued opportuni- when faced with tragedy. So I come to large challenging our effectiveness, ties to increase the size of the estate the floor today to ask a question: When wanting to know what it is we are tax exemption and lower the rates. will we wake up? How many of our sons doing to protect the next group of chil- Now we have a proposal to increase the and daughters have to die before we go dren and parents and loved ones. burden of this tax. That will only cre- to work? It is time to sound the alarm The murderers in Colorado and Ari- ate less certainty for farmers and small on gun violence in our country. It is zona both had something that enabled business owners as they plan for their time for us to gather to talk about them to bring about the mayhem they future. commonsense solutions. And I am talk- did. They had a mega-magazine capable Under this massive tax increase, 20 ing about all of us—all 100. It should of shooting dozens of rounds without times more family farming estates will not matter which side of the aisle we having to reload. They bought them le- are on. All of us who serve here have be hit by the death tax and 9 times gally. Here we see a picture of what someone we love, someone we know, more small businesses. This tax in- this man had—a semiautomatic rifle someone with whom we are in contact, crease comes on top of significant and a 100-round drum magazine. small business tax increases already in whether it is our child, our sister, our These magazines were originally de- the legislation. According to Ernst & brother, our father, or our mother. The signed for law enforcement and mili- Young, these tax increases on the top lives of our loved ones depend on us tary people. These magazines were and we should not let them down. two marginal rates would shrink the banned from 1994 to 2004, a period of 10 Right now, our Nation’s lax gun laws economy by 1.3 percent and reduce by years, but under pressure from the gun make it far too easy for murderers to over 700,000—reduce by over 700,000— lobby, Congress let that ban expire in jobs from the American workforce. commit incomprehensible acts of vio- 2004. It wasn’t an accident. It didn’t This tax increase legislation will lence and terror. Very early last Fri- happen without complicity. only add more uncertainty to our Na- day morning, we witnessed a massacre, Just think about it. The Colorado tion’s convoluted, ever-changing tax and it has become something we have shooter carried a 100-round magazine, system. Common sense tells us it does seen far too often. A tragedy with even and if he hadn’t had that magazine, not have to be Republicans and Demo- less deaths, with less wounded, with maybe the shooting toll would have crats, common sense tells us a sim- less hurt is a tragedy of enormous pro- been substantially lower. Maybe more plified Tax Code will help boost the portion when something like this hap- lives would have been saved. Maybe economy. pens in this great country of ours. The revenues we need to balance our There is so much to live for, so much more loved ones—husbands, wives, and books are not increases in taxes; in to enjoy, but here innocent people died. children—would be alive today. Maybe fact, the United States has the highest This guy arrived at a movie theater there would be fewer people suffering corporate tax rate in the world. Reve- in Aurora, CO, and he had an assault from bullet wounds. nues we need to balance our books will rifle with a 100-round magazine, a shot- In the Arizona shooting, the shooter come from a strong and growing econ- gun, and two handguns. He unleashed a was only subdued when he paused to omy, where more Americans are work- barrage of bullets murdering 12 inno- change his 30-round magazine, and if he ing and therefore paying taxes. cent people and injuring 58 more in a had to stop sooner, obviously precious Government must get out of the way matter of minutes. In the theater at lives could have been saved. and reduce the drag on the private sec- the time there was a total population These magazines are the tools of tor so entrepreneurs and small business of 200 people, and 70 of them were mass murderers. No matter what the owners can put Americans back to wounded or killed in a matter of min- gun lobby would have you believe, no- work. Americans know that when our utes. Even though the police responded body needs a mega-magazine to go economy is strong, when our tax laws rapidly—within 90 seconds—with his duck hunting. These high-capacity are fair, simple, and certain, they can high-capacity magazine, the gunman magazines put all of our families in provide for their families. We will have had more than enough time to carry danger, and they endanger our law en- the opportunity to see once again our out his reign of terror. forcement officers as well. We send children and grandchildren pursuing Among those who lost their lives them into the line of fire to defend us the American dream. were parents, mothers, fathers, service- against mass murderers such as the I yield the floor and I suggest the ab- men, a veteran, a recent high school Colorado shooter, who legally bought sence of a quorum. graduate, a college student, and a 6- 6,000 bullets and a gun magazine that The PRESIDING OFFICER. The year-old-girl named Veronica Moser holds 100 bullets over the Internet. The clerk will call the roll. Sullivan. She was the youngest to be safety of our families is too important The legislative clerk proceeded to murdered in Colorado that night and to let this continue. There are too call the roll. someone whose tragic death reminds us many bullets, too many deaths, and Mr. LAUTENBERG. Mr. President, I all too well of the time 9-year-old too many funerals. But not enough ask unanimous consent that the order Christina Taylor Green was murdered people are saying: Stop it. Do your job. for the quorum call be rescinded. in Tucson last year because she wanted Protect my family. Protect my kids. The PRESIDING OFFICER. Without to know more about her government. Protect my parents. objection, it is so ordered. She was part of a group who greeted Here are the facts. Guns have mur- GUN VIOLENCE Representative Giffords. dered more Americans here at home in Mr. LAUTENBERG. Mr. President, it The victims of these horrible trage- recent years than have died on the bat- is a terrible time in our country. The dies deserve more than words of soli- tlefields of Iraq and Afghanistan. More

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.027 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5281 have been murdered on the grounds of owe their success to the Federal Gov- economy growing again. But we effec- the United States than have died in ernment. His comment wasn’t just tively have a tax system that punishes far-off battlefields. It is shocking. More wrong, it was actually kind of embar- them for their success. We can and we than 6,500 American soldiers have died rassing. It showed that the President should do better. in the service of our country in support does not understand the enormous When it comes to dealing with the of the wars in Afghanistan and Iraq. challenges and financial risks entre- IRS, small businesses don’t enjoy the During the same period, guns here were preneurs and job creators deal with same resources that large multi- used to murder about 100,000 people. every day. It also affirmed that the national corporations do. According to Americans deserve a Congress that President is going to continue pushing the World Bank, it is now more dif- makes the safety of our families a pri- the same misguided big-government ficult to pay business taxes in the ority. That is why I urge my colleagues economic policies that have helped United States than in many Western today to help our people. Bring back keep our unemployment rate well European countries. When heavily the ban on high-capacity ammunition above 8 percent for some 41 consecutive taxed, heavily bureaucratic countries magazines such as the one used in Col- months. such as France make it easier to com- orado on Friday and the one used in I wish to highlight a few of the suc- ply with their tax code than America Arizona last year. That was the law cess stories from my home State of does, we know we have a problem. from 1994 to 2004. This shouldn’t be a Texas that epitomize what the Amer- If the President doesn’t believe me, partisan issue. Even former Vice Presi- ican dream is all about and to reassure perhaps he should spend some time dent Dick Cheney has suggested that it my listeners that the American dream chatting with some of my constituents, may be appropriate to reinstate this is still alive and well and thriving in people such as Steve Mayo, the owner ban. It is time to work together, all of the great State of Texas. But first I of Mayo Furniture in Texarkana, TX. us, to ban high-capacity magazines. would like to make a brief point about Steve’s company is a family business Don’t do it for me. Do it for your fam- tax policy because as mundane and bor- that was established about a half cen- ily. Do it for your constituents. Stand ing as tax policy may seem to a lot of tury ago. It now employs 130 full-time and say: I don’t want your family hurt. people, it actually has a very real im- workers and sells furniture in 25 dif- I don’t want your children to fall prey pact on the people I am talking about. ferent States. When I visited with to a gunman. There is now an emerging bipartisan Steve and his employees last year, they It is time to begin a national con- consensus that tax reform should in- were worried about how in the world versation once more about taking com- volve lowering rates and broadening they were going to comply with the fi- monsense measures to prevent gun vio- the base so that our tax system be- nancial burdens of the new health care lence in America. And to those who are comes simpler, fairer, and more condu- law, along with other taxes and regula- fearful about the power of the NRA, cive to strong economic growth. Don’t tions. They told me it would affect understand that we bested them before just take my word for it. Look at the their business and their ability to cre- and we will do it again. We beat them President’s own bipartisan fiscal com- ate jobs and stay competitive. These in 1996 when an effort that I began to mission, the Simpson-Bowles Commis- are the same concerns I have heard ban the sale of guns to domestic abus- sion, which reached that same conclu- about from countless constituents and ers passed, we have stopped over 200,000 sion. small business owners all across my of those people from getting gun per- Unfortunately, the President’s own State. mits since that time, and a lot of lives fiscal commission’s report is incon- We are one of the lucky States. could have been saved in there. We sistent with the President’s current de- About half the jobs in America have stood up to them again in 1999 when mand that we have to raise taxes. That been created in my State in the last 5 the Senate came together after Col- would mean a large tax increase for years or so. We are fortunate because umbine and passed legislation to close many people who are the people we are when it comes to small businesses we the gun show loophole. Unfortunately, depending upon to create those jobs. are depending upon to create jobs, we after passing in the Senate, the House The reason is that many small busi- asked this very simple question: How refused to do anything about it. If we nesses pay their business income on in- can we make it easier for them to cre- show resolve and if we stand with cour- dividual tax returns. They are not ate jobs? How can we make it easier for age, I know we can do the right thing major Forbes 500, multinational cor- them to start a business? Unfortu- once more. There are no more excuses porations; they are the mom-and-pop nately, the message emanating from for inaction. operations that are sole proprietor- Washington seems to be—in so many I say to my colleagues, look at your ships, they are partnerships, and they words—how can we make it harder? children. Look at the pictures that are even sometimes subchapter S cor- How can we increase the unpredict- may be on your mantelpiece. Think porations. That is just a reference to ability of their investment? about the happy days with your kids, the Tax Code that means you don’t pay After talking to Steve Mayo, maybe think about the enjoyment you share corporate taxes, you pay flowthrough President Obama would like to talk to together, and think about what we business income on your individual tax Diane LaBleu. Diane is a breast cancer want to do to be able to continue those return. So many people who are small survivor in Austin, TX. Diane was cre- lives we enjoy so much. The stakes are businesses who may reach that thresh- ative enough to invent a clothing ac- just too high. We have to intervene old of $250,000 or above are cessory to help women recovering from while the memory, unfortunately, is businesspeople paying on an individual a mastectomy. The accessory is known still fresh. tax return. If this is an effort to soak as a Pink Pocket, and it is now being Mr. President, I yield the floor, and I the rich, well, the middle class and used by women around the world from suggest the absence of a quorum. small businesses are part of the collat- Austin to Australia. The PRESIDING OFFICER. The eral damage. The story of Pink Pockets dem- clerk will call the roll. I would like to remind the President onstrates the power of a great idea. The legislative clerk proceeded to that Americans will spend about $350 Diane identified a problem facing call the roll. billion this year alone just to comply breast cancer survivors. She came up The PRESIDING OFFICER. The Sen- with the Tax Code. That means hiring with a brilliant solution, something ator from Texas. accountants and that means hiring nobody else had thought of before. The Mr. CORNYN. Mr. President, I ask lawyers just to try to figure out what remarkable success of her invention is unanimous consent that the order for they owe to the Federal Government. a testament to her creativity and her the quorum call be rescinded. Small business owners face a particu- hard work. The PRESIDING OFFICER. Without larly heavy burden because they can’t The government was not responsible objection, it is so ordered. afford the army of lawyers and ac- for the success of Pink Pockets or Mr. CORNYN. Mr. President, I am countants to help them figure out what Mayo Furniture. Far from it. Many still trying to wrap my head around their tax obligations are. Yet these are times all these small businesses want President Obama’s recent remarks that the folks we are depending upon to get is for government to get out of their small business job creators somehow America back to work and to get our way, off their back, and out of their

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.029 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5282 CONGRESSIONAL RECORD — SENATE July 24, 2012 pocket so they can do what they do The PRESIDING OFFICER. Without We are staring down the barrel of in- best. objection, it is so ordered. surmountable obligations for decades The government was also not respon- (The remarks of Mr. KOHL pertaining to come, and we are passing up a key sible for the success of STS Coatings, a to the introduction of S. 3427 are print- opportunity to put this country in bet- construction company based in the San ed in today’s RECORD under ‘‘State- ter shape for the next generation. Antonio area. The founder of STS ments on Introduced Bills and Joint As you can see, and as West Vir- Coatings, Cayce Kovacs, reports that Resolutions.’’) ginians know, we urgently need to put she and her husband cashed in their Mr. KOHL. Mr. President, I yield the our country’s financial house back in savings to launch their business, which floor, and I suggest the absence of a order, and the people of West Virginia now has annual sales totaling more quorum. are tired of temporary solutions to our than $3 million. As Ms. Kovacs recently The PRESIDING OFFICER. The long-term problems. said: clerk will call the roll. As I have said so many times, I will We were the ones sweating bullets over The assistant legislative clerk pro- work with both sides of the aisle, processing orders and paying our bills, mak- ceeded to call the roll. Democrats and Republicans, on a coming payroll—not the government. The gov- Mr. KOHL. Mr. President, I ask unan- prehensive solution that lowers tax ernment did nothing to help my business. imous consent that the order for the rates, broadens our revenue base, You know who else can say that? An- quorum call be rescinded. closes loopholes, cuts spending, and re- other extraordinary Texan named The PRESIDING OFFICER. Without duces our debt, like the framework pro- Frank Scantlin, who founded Sunbelt objection, it is so ordered. posed by the Bowles-Simpson plan. Machine Works in Stafford, TX, near f Unfortunately, neither of the pro- Houston, some 34 years ago. Frank posals on the Bush tax cuts will solve tells a story that as a child he was so MOMENT OF SILENCE IN MEMORY our long-term debt and fiscal problems. poor he sometimes couldn’t even afford OF OFFICER JACOB J. CHESTNUT At the same time, with our debt prob- to buy shoes, and he had to quit school AND DETECTIVE JOHN M. GIB- lems getting worse every year, we must in the ninth grade in order to support SON come together to take responsible ac- his family. This is a quintessential The PRESIDING OFFICER. Under tion and fair steps toward reducing our American success story. Frank per- the previous order, the Senate will ob- debt, even if they are only temporary. severed and went on to create a busi- serve a moment of silence in memory Let’s look at the two proposals that ness that now has almost 60,000 square of Officer Jacob J. Chestnut and Detec- have been offered, one from my Repub- feet of workspace and employs 90 peo- tive John M. Gibson of the U.S. Capitol lican colleagues in the House that, un- ple. Police. fortunately, kicks the can down the All these stories epitomize the Amer- (Moment of silence.) road entirely and extends these tax ican dream that has enticed immi- Mr. REED. Mr. President, I suggest cuts at a cost of $400 billion. What peo- grants from around the world to take a the absence of a quorum. ple do not know is that even though it risk, leave everything they had behind, The PRESIDING OFFICER. The would extend tax cuts for the wealthi- and come and make America their clerk will call the roll. est—and this is what they do not home. We were the one place in the The assistant legislative clerk pro- know—it would actually get rid of world where they knew if they were ceeded to call the roll. some tax reductions for middle- and willing to work hard and save, that Mr. MANCHIN. Mr. President, I ask low-income Americans, such as the ex- hard work could be rewarded by suc- unanimous consent that the order for panded child tax credit. That is tre- cess. In the meantime, those of us who de- the quorum call be rescinded. mendously unfair. Another proposal from the Demo- pend on those small businesses to cre- The PRESIDING OFFICER. Without crats here in the Senate, our side, ate those jobs and prosperity could objection, it is so ordered. would cost about $250 billion, which is benefit as well. The owners of Sunbelt, f STS Coatings, Pink Pockets, and Mayo at least starting to move in the right MIDDLE CLASS TAX CUT ACT— direction to reduce our deficit, and it Furniture understand their success was MOTION TO PROCEED—Continued not inevitable, and it sure was not keeps the tax cut for more than 99 per- Mr. MANCHIN. Mr. President, I ask guaranteed by the Federal Govern- cent of all West Virginians and a high unanimous consent to speak for up to ment. They had to take the hard risks, percentage in every State such as the 10 minutes, and that following my re- they had to work overtime, and they Presiding Officer’s. marks the Senator from Rhode Island had to overcome challenges that many When considering these two probe recognized to speak. times the government put in their way. posals, I kept two priorities in mind— The PRESIDING OFFICER. Without In the end, as in so many great Amer- putting our fiscal house back in order ican success stories, their hard work objection, it is so ordered. and restoring fairness to the Tax Code. and ingenuity paid off. They can, not Mr. MANCHIN. Mr. President, I rise So while I would prefer a bipartisan government, declare with confidence today to express my indescribable frus- comprehensive solution, I will support that ‘‘I built this.’’ tration and genuine disbelief that we the plan to keep taxes low on families My office has received more than 250 are looking at two proposals that do that make less than $250,000. According of these stories since President Obama not do enough to fix this Nation’s fi- to the latest available figures from the gave his speech in Roanoke. They are nancial problems—and both have been West Virginia Department of Revenue, the type of stories that have made our predicted by both respective sides to more than 99 percent of all West Vir- country the beacon of prosperity and fail. I speak of the Bush tax cuts and ginians will get a break on their taxes entrepreneurial energy for so many how those of us in the responsible mid- under this proposal. And the wealthiest years. As one Texas business owner put dle find ourselves caught between a among us will pay the rates they did it: ‘‘Rugged individualism is alive and rock and a hard place, with a vote that during Bill Clinton’s Presidency, which well in the United States.’’ I hope we offers, truly, no real solutions. was the greatest era of prosperity I can remember that, and I hope the Presi- It is no secret that I prefer fixing the remember in my lifetime. dent of the United States remembers problems this country faces, like most On the other hand, the proposal that that as well. of my colleagues, and we all have dif- includes extending the tax cuts for the I yield the floor and note the absence ferent approaches. We are hurling to- wealthiest Americans carries a heavy of a quorum. ward $16 trillions in debt, and for the price for this Nation. It is about $150 The PRESIDING OFFICER (Mr. first time since the World War II era billion more than the Democrats’ pro- FRANKEN). The clerk will call the roll. our debt exceeds the output of our posal. Given our dire budget situation, The assistant legislative clerk pro- economy. Even our generals say the this country cannot afford that. We ceeded to call the roll. greatest threat this Nation faces is not simply have to prioritize and close the Mr. KOHL. Mr. President, I ask unan- a foreign power or a terrorist organiza- gap. The fact is we cannot keep trying imous consent that the order for the tion but the debt we have created our- temporary solutions to our serious quorum call be rescinded. selves. budget problems. And the truth is,

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.032 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5283 these tax cuts will not restore con- we can make as a Nation, letting the block this bill because it does not ex- fidence in our government or our econ- American people down. tend additional tax cuts for taxpayers omy to create good jobs or keep the So now a year after Congress has who make over a quarter of a million ones we have. They certainly do not failed to reach an agreement, I am sur- dollars. Instead, they will continue to put our fiscal house back in order. prised to find some of my colleagues press for a proposal that doubles down What they will do is be used as fodder who voted for the sequester, knowing on the failed economic policies of the in political ads in the next 100 days full well that Congress needs the threat Bush era for a plan that gives more tax against both sides. I cannot understand of painful cuts before we can get any- cuts to the wealthy, while eliminating why we continue to take votes that are thing done, are complaining about middle-class tax breaks for families more about making one side look bad something they supported. I stand with with children. Indeed, one of the as- or worse than the other, or taking those, including the President, who are tounding things about the Republican cheap shots, than actually solving the drawing a hard line in the sand on our proposal is it will, if you look closely, problems we have before us. finances. actually increase the tax burden on I will continue to work across the Like it or not, this painful sequester middle-income Americans. aisle on a comprehensive bipartisan is the linchpin to a better government In contrast, the bill Democrats pro- plan, because when it comes right down and a better agreement. It is the only pose will benefit every single taxpayer to it these tax cuts simply will not fix way we are going to get something big- in America. It is only when someone the financial problems our country ger. A better agreement will look a lot exceeds a quarter of a million dollars faces. I have talked to countless busi- like the bipartisan comprehensive in income that their income in excess ness leaders and laborers all over the Bowles-Simpson framework, not the of the quarter of a million dollar State of West Virginia and all over the Bush tax cuts, because this country threshold will be subject to the top two country. When I asked them what will needs a real solution, because this Clinton-era rates. encourage them not only to create the country needs to come together on The Democratic plan will extend tax good jobs we need but to keep the jobs that solution, because if we cannot cuts for the vast majority of Ameri- we already have, the answer is simple: come together, there will be dire con- cans. Only the top 2 percent of earners, Certainty. They need to be able to plan sequences for this country with or approximately 2.1 million out of more their next steps. They need to know without the cuts in the sequester. than 100 million households, house- their government is working as a part- I sincerely hope and pray and will holds that have disproportionately ben- ner, an ally, not as an adversary. work for a compromise. But I believe efited from the Bush tax cuts for more We did not pull these stunts in West the threat of a sequester might be the than a decade, will see their top rates Virginia when I was Governor. We were only thing that will force Congress to revert to Clinton era levels. They will willing to get our hands dirty, to come get its job done. get to maintain their benefits up to to the table, to have a genuine and re- I yield the floor. $250,000, but after that, they will see an spectful discussion on the right direc- The PRESIDING OFFICER. The Sen- increase. This is the nature of our pro- tion for our State, and sometimes that ator from Rhode Island. gressive tax system, one which for gen- led to respectful agreement to dis- TRIBUTE TO OFFICER CHESTNUT AND DETECTIVE erations has spread the burden across agree. But in the least, we moved for- GIBSON income levels, making sure that mid- ward and made a decision. It has been Mr. REED. Mr. President, before I dle-income Americans do not shoulder nearly 2 years since the bipartisan begin my remarks with respect to the a disproportionate burden of the taxes commission on reducing our debt rec- current debate, let me pay tribute to that support this government. ommended a plan that people of all po- Officer Jacob J. Chestnut and Detec- One of the key facts we have ob- litical stripes support. It is time to go tive John M. Gibson of the Capitol Po- served, now for more than a decade, is back to that framework and provide lice, and to all of the Capitol Police of- that these Bush tax cuts have been this country with an honest solution. ficers, men and women who protect us very costly. They have been a primary In fact, the only thing that seems to each day. driver of this deficit, in addition to unbe holding our feet to the fire right I was here on that somber day when paid conflicts in Afghanistan and Iraq now is the sequester, which is becom- these gentlemen sacrificed their lives and a prescription drug program that ing quite the scary term around here. to protect innocent people in this was not paid for. For people who do not live and work in building. Their example continues to At least with this proposal, we are the Beltway, here is what the sequester sustain us and inspire us. They con- beginning to try to reverse that trend is: If those of us in Congress cannot tinue to sustain and inspire the Capitol in a principled way. The wealthiest, agree on a real, substantial plan to fix Police officers who today are pro- those who enjoy the greatest economic our finances, we will have to make tecting us. We thank them all. privilege in the country should shoul- some very painful cuts in some very As my colleague from West Virginia der some of the responsibility, and important areas—our Department of commented, we are in the midst of a should shoulder some of the effort in Defense, our schools, and our domestic very serious debate with huge con- order to help us begin to repair the def- priorities such as veterans services and sequences for our country, our econ- icit, which has grown as a result of Head Start. Both Democrats and Re- omy, our future. That is why I rise these massively costly and ineffective publicans care about those issues. today in support of the Middle Class tax breaks the wealthiest have enjoyed So both Democrats and Republicans Tax Cut Act. This bill will extend the since 2001. have some skin in the game when it 2001, 2003, and 2009 tax cuts for the mid- The Democratic bill will cost the comes to finding an agreement, be- dle class through 2013. It will provide Federal Government $249 billion in lost cause, let me tell you, the reason the tax relief to every American, especially revenue for a 1-year extension. The Re- sequester was put in place almost a to those families who have struggled publican bill will cost $405 billion. So, year ago was in case we could not come through this recession and this weak again, if you are talking about trying up with an agreement on a big fix, one recovery, and restore some fairness to to get a handle on the deficit, compare the so-called supercommittee was the Tax Code by letting the top mar- a bill for $249 billion, which is expen- tasked to put forward. Well, they did ginal tax rates return to the Clinton- sive but significantly less than $405 bil- not agree on the superfix and this is era levels. lion Republican plan that would do vir- our penalty. I believe the greatest mis- If we do not extend these tax cuts for tually nothing to restore fairness to take we could make would be to walk the middle class, the typical Rhode Is- our tax code or create jobs. I do not away before the end of the year and not land family of four could see their think our Nation can afford this $405 vote on a clear direction to fulfill the taxes raised by an average of $2,200 in billion Republican alternative. There commitment and promises we made to 2013. This is not fair to middle-income has been a promise or a mantra that the American people, which were that Rhode Islanders, middle-income Ameri- has been offered over the last decade we would fix the country’s financial cans. that these Republican tax cuts create problems or the sequester would go Unfortunately, I fear many, if not jobs, and that they would contribute to into effect. That is the biggest mistake all, of my Republican colleagues will our prosperity. But what we have seen,

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.035 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5284 CONGRESSIONAL RECORD — SENATE July 24, 2012 particularly over the 8 years of the cans. I think it will be a first step to- last month signed up for Social Secu- Bush administration, is that these tax ward the larger issues that were al- rity disability benefits than got a job. cuts for the wealthy did not create luded to by my colleague from West That is not doing just fine. jobs. I believe the evidence we have Virginia dealing with the potential of Look at what else the President said shows that there is very little correla- sequestration at the end of this year, recently about small business owners. tion between these tax cuts for the advancing policies that will grow our He said: wealthy and job creation or economic economy while beginning to restrain If you’ve got a business, you didn’t build prosperity. our deficit and provide a more stable, that. Somebody else made that happen. Additionally, tax cuts for the more sustainable economic environ- I know a lot of small business owners wealthiest Americans constrain our ment for all Americans. who would say they worked extremely ability to pursue policies that will With that, Mr. President, I yield the hard to build their own businesses. boost growth in the near-term. floor. Farmers and ranchers work from sunup Indeed, if we do not have the re- The PRESIDING OFFICER. The Sen- to past sundown, and everyone in the sources to invest in the country, in our ator from Wyoming. family works to keep the operation infrastructure, in our education, in the Mr. BARRASSO. Mr. President, it going. The corner drycleaner is trying health of our people, we will not have has been more than 30 years since I was to keep his doors open in tough eco- the economic dynamism needed to be in medical school, but I still remember nomic times. The florist is trying to competitive and give our children the the day my classmates and I stood to avoid laying off another salesperson in future they deserve. Frankly, like the recite the Hippocratic Oath. That is an the shop. future our parents gave to us. A future oath which has guided doctors for cen- Where I live, in Casper, WY, most of that previous generations were able to turies. At its simplest, it can be boiled the businesses we have are small busi- provide for because of Federal tax poli- down to a single phrase: First, do no nesses. They were started by men and cies which were fairer, which were harm. women with dreams and with deter- more progressive, and which allowed I was reminded of that last week mination. These people aren’t looking for significant investment and job when Federal Reserve Chairman Ben for a government handout, but they growth. Bernanke testified before the Senate don’t think their government should be In my State, with a 10.9-percent un- Banking Committee, speaking about hostile toward them. They work hard employment rate and a national unem- the approach Washington should take every day. They have worked hard to ployment rate above 8 percent, it is im- toward healing our sick economy. He build their businesses and have tried to perative that we embrace fiscal policy said: Do no harm. Well, that is good ad- expand and create jobs in the commu- that creates jobs in the short-term but vice for Senators and for Presidents, nity. President Obama doesn’t seem to also recognizes the need for long-term just as it is good advice for doctors. grasp that. That is why, instead of deficit reduction. The problem is that we have a Presi- doing all he can to help small busi- Democrats have offered plan after dent in the White House and Demo- nesses, he is burying them under more plan that would preserve and create crats in Congress who don’t believe it regulations, under more redtape, and jobs in a fair and fiscally responsible and don’t act that way. under threats of increased taxes. manner. We press for policies that will Day after day, as the President Democrats here in Washington like provide more of an economic bang for makes one policy decision after an- to say they are in favor of creating the buck, policies such as the continu- other, his policies do harm to the jobs, but then they turn around and do ation of unemployment benefits and American economy and to the Amer- the very things that hurt the people policies that provide relief to middle- ican people. Just look at how sick our who create the jobs in this country. class households. What we have to do is economy has gotten since President Washington has already put out more go forward, support this effort, begin Obama took office. The Federal Re- than 36,000 pages of new regulations the hard and difficult task of not only serve projects that the gross domestic just since January of this year. If small continuing to support middle-income product will grow by as little as 1.6 per- business owners could talk to the families but begin to address the issue cent this year. That is not nearly good President, I think they would tell him of long-term deficit reduction. enough to give us the healthy economy they do not need more paperwork. I hope my colleagues do not block we need. They would tell him: Mr. President, do this effort. I hope my colleagues do not The other night, ‘‘CBS Evening no harm. once again decide that doing nothing is News’’ opened with this summary: The damage President Obama’s poli- a viable alternative to helping middle- ‘‘This is the worst economic recovery cies have done to our economy so far is income Americans and helping our America has ever had.’’ That is what terrible, and it is likely to get worse. economy overall. Unfortunately, they they said—the worst. We know the President’s policies are have done that in the past. Earlier this Every other President has been able holding back our economy from the month, the Republicans blocked a bill to bounce back from tough economic type of normal recovery we have had that cut taxes for small businesses that times. Not President Obama. Why is from other recessions in the past. Even hired new workers. The bill was esti- that? Why is our private sector econ- worse, he is paying for his failed poli- mated to create 1 million jobs nation- omy sicker today than it was when the cies by piling an unprecedented ally and could have created about 3,500 President took his oath of office? The amount of debt on future generations. jobs in my State, but Republicans fili- Economist magazine put it this way. It Today, our national debt is $16 trillion. bustered. gave a characterization of the Presi- In just 31⁄2 years, President Obama has Just last week, the Republicans dent as someone ‘‘who has regulated to managed to waste more taxpayer blocked a bill that would have given death a private sector he neither likes money than any other President, in my tax cuts to businesses that brought nor understands.’’ And I agree. Look at opinion, in American history. jobs to the United States and closed the President’s own words. He said that Previous Presidents understood the tax loopholes for companies that send while government bureaucrats were danger of spending more than we can jobs overseas. Republicans blocked struggling, the private sector is doing afford. President John Kennedy said: that also. I believe the record is clear. just fine. Doing just fine? It has gotten Persistently large deficits would en- Democrats have been trying week in worse. Because of President Obama’s danger our economic growth and our and week out to create jobs here at failed economic policies, more than 23 military and defense commitments home, to make our tax system fairer, million Americans are now either un- abroad. President Kennedy made that to give middle-income families a break, employed or underemployed. I think statement 50 years ago—in 1962. At the and to do so in a fiscally responsible those 23 million people would say to time he made that statement 50 years manner. The vote on the Middle Class President Obama: Do no harm. We have ago, Washington’s budget deficit that Tax Cut Act will be upon us shortly. I now had 41 straight months of unem- year was $7 billion. So we have gone hope it will be a vote on which we pre- ployment above 8 percent. Our econ- from $7 billion 50 years ago to a pro- vail and go forward together and pro- omy created just 80,000 jobs last jected deficit of $1,200 billion this vide tax relief to middle-class Ameri- month—just 80,000 jobs. More people year—from $7 billion to $1,200 billion.

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.036 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5285 That is 170 times greater. Has anything The largest single barrier to full employ- that. He would raise everyone’s taxes else increased that fast in the past 50 ment of our manpower and resources, and to and risk another worldwide recession. I years in terms of expenses on any- a higher rate of economic growth, is the un- ask the President to look at what he is thing—a daily newspaper or a bottle of realistically heavy drag of Federal income saying and stop threatening grave taxes on private purchasing power, initia- Coke, which would have cost 10 cents tive, and incentive. damage to America in reckless pursuit in 1962? Using this multiplier of 170 of his political agenda. times, that would be $17 today if it had This lesson from President Kennedy Mr. President, do no harm. increased at the same rate as our Na- is lost on President Obama. The only Those words that sum up the Hippo- tion’s deficit. And gasoline was about solution President Obama seems to see cratic Oath ring true for so many peo- 30 cents a gallon back then. It would is to raise taxes and to raise them most ple across America today, for people have to be more than $50 a gallon on the very people and businesses we who believe, as Ronald Reagan said, today. need to lead us to prosperity and eco- that government should stand by our Look at it a different way. The share nomic recovery. Remember the words side, not ride on our back. of Washington’s total debt that is owed President Obama used when he was It is time for Washington to change by every man woman and child in running for President in 2008. He said direction, to lower taxes, not raise America today is almost $51,000. The that even if his tax increases led to less them; to reduce redtape, not increase President is saddling our children with revenue for the government—that is it; to control our spending, not rack up debt to pay bills we can’t afford for what he said, even if his tax increases more debt; to free the entrepreneurial policies that don’t work and for goals led to less revenue for the govern- spirit, not stifle it. the American people don’t support. ment—he would raise taxes anyway as First, before all else, if we are to heal The President demonstrates no sin- a matter of fairness. Fairness? Fair- our sick economy, it is a time for cere interest in cutting government ness? What about doing what is best for Washington to do no harm. spending, even as the Federal Govern- the country? As an orthopedic surgeon, I yield the floor and I suggest the ab- ment has grown less efficient, less ef- when someone came to me with a bro- sence of a quorum. fective, and less accountable. The ken leg, I would try to fix it. You don’t The PRESIDING OFFICER (Mrs. American people look at Washington’s break someone else’s leg so the two SHAHEEN). The clerk will call the roll. out- of-control spending and debt, and people would then be equal and both The bill clerk proceeded to call the their message to President Obama is would have broken legs. The President roll. this: Please, Mr. President, stop doing is promoting his vision of fairness over Mr. BROWN of Ohio. Madam Presi- harm. good common sense. dent, I ask unanimous consent that the Remember, President Obama has The American people know those who order for the quorum call be rescinded. been quite clear. He doesn’t respect work hard and take risks should be free The PRESIDING OFFICER. Without small businesses, and he thinks the pri- to enjoy the fruits of their labor. They objection, it is so ordered. vate sector is doing fine. He has in- should not have to suffer more angry Mr. BROWN of Ohio. Madam Presi- creased redtape, increased bureauc- attacks by the President and by Demo- dent, I ask unanimous consent to speak racy, and he has mortgaged America’s crats in Washington. The American as if in morning business for up to 10 future to give taxpayer dollars to his way should be to promote success, not minutes. campaign contributors—to companies to punish it. The PRESIDING OFFICER. Without such as Solyndra. President Obama should abandon his objection, it is so ordered. When he has borrowed all he can— misguided agenda to replace the long- Mr. BROWN of Ohio. Madam Presi- lots of it from China—he still doesn’t held American value of equal oppor- dent, I rise to speak about the need to slow down his spending. He says he tunity with the President’s own desire extend middle-class tax cuts. needs to raise taxes to spend even for equal outcomes regardless of effort. We have a broad bipartisan consensus more. The President already raised Before he makes things even worse, he that middle-class families should not taxes through his health care plan. He should stop and he should do no harm. see their taxes increase on January 1. pushed through $1⁄2 trillion in taxes and Finally, I would like to address one We know that if Congress does nothing, fees. He pushed his individual mandate last issue where I think the Democrats then the taxes will increase for the tax to force people to buy insurance. in Congress and the White House need broad middle class on that date. We Now he is pushing again to impose to reverse course. Our country faces have a broad bipartisan consensus that massive new tax hikes on millions of what has been called a fiscal cliff. Un- should not happen. successful families and small busi- less Washington acts in January, taxes So while we have this moment of nesses. will increase across the board—not just agreement, we should act swiftly to ex- The additional damage President on small businesses but on middle-class tend tax cuts for 98 percent of Amer- Obama would do to our economy with families and even low-income people. ican families—about 99 percent of the his proposals to raise additional taxes Republicans in the House have already people in my State—right now, today, would be enormous. voted to approve long-term spending this week, soon. But we will not be- Now, that is not only my opinion; cuts. This month they will vote to stop cause special interests and their allies others agree. The accounting firm of the tax increases. And Republicans in Congress are holding middle-class Ernst & Young did a study of the Presi- have a plan to create a healthier econ- tax cuts hostage. Why? It is the same dent’s plan and found it would wipe out omy by making our Tax Code simpler, old song: In order to protect the inter- 710,000 jobs. Middle-class workers who flatter, and fairer for all Americans. ests of millionaires and billionaires. It keep their jobs would see their wages What happens next is in the hands of seems the default button—certainly in go down. And 2.1 million business own- the Democrats in the Senate. the majority of the House of Rep- ers would be hit with higher taxes. Financial experts have warned that if resentatives and far too many in the That means less money left to expand Senate Democrats do not act by the Senate—is, no matter what, protect and less money left to hire additional end of this year, they could create a the interests of millionaires and pro- workers. Again, you can’t be for jobs worldwide recession. This is very seri- tect the interests of billionaires. and against the people who create the ous harm. Democrats appear to be Let’s be clear. Whether it is our plan jobs. ready to do it. The Senate Democratic where we immediately—today, this In short, as weak as our economic re- leadership has made clear that they week, as soon as possible—grant tax recovery has been these past 3 years—the would let the country go over the fiscal lief for people who are middle class, worst ever, as reported in the news— cliff rather than compromise on tax every American will get a tax cut on the President’s tax increases would hikes. President Obama recently said their first $250,000 worth of income. If make matters worse. Just look again the same thing. He said that if Con- someone is making $1 million a year, at the difference between President gress passes reasonable regulation that they still get a tax cut on their first Obama and a different Democratic keeps tax rates where they are—even $250,000. If someone makes $10 million a President—John Kennedy. John Ken- temporarily, he said, while we sort out year, they still get a tax cut on their nedy said: long-term tax reform—he would veto first $250,000. They are only paying

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.037 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5286 CONGRESSIONAL RECORD — SENATE July 24, 2012 roughly 4 percent on every $1 above balanced the budget. Opposition to our tainty to the American people by ad- $250,000. So we have bipartisan agree- bill to extend the middle-class tax cuts vancing the Middle Class Tax Cut Act. ment. Let’s lock that in so the middle says that if millionaires have to pay This legislation would prevent tax class will get a tax cut. the same top marginal tax rate they rates from increasing for the vast ma- There is an old cliche that the defini- did in the Clinton years, then job cre- jority of American families and would tion of insanity is doing the same thing ation will suffer. But it doesn’t make preserve an important tax credit that over and over, expecting different re- sense. We want to go back to tax rates currently helps millions of students sults. We have been in this policy shop for the richest people in our country to and families afford the costs of a high- before, when they sold us the same what they were under President Clin- er education. flawed economic policies based upon ton. During that 8 years, jobs increased The Middle Class Tax Cut Act is the tax cuts to the wealthy trickling down by 22 million in this country. During right thing to do for the middle class, to the middle class. I was in the House the Bush years, with low tax rates for and I intend to vote for it. The ques- of Representatives in the first part of the rich, we lost 5 million manufac- tion is, Will it be filibustered—a tax the last decade when President Bush turing jobs and had absolutely anemic cut for millions of hard-working Amer- came to us. We had a huge budget sur- economic growth. One doesn’t have to icans, filibustered simply to protect plus. In fact, in 2001, we had the largest be an economist to make this compari- the wealthiest Americans from paying budget surplus in American history— son. Look at tax rates during the Clin- a fair share? We will find out. surplus, not deficit. Look what we are ton years and the Bush years. This is not a new story. In 2001, when dealing with now. I don’t want to blame everything on President George W. Bush decided to So what happened? Two wars, Iraq President Bush. That doesn’t get us spend a large portion of the surpluses and Afghanistan. It was a bad idea to anywhere. It makes people quit listen- he inherited from President Clinton to go into Iraq, a contentious issue. The ing. But I do want to learn from his- cut tax rates across the board, many intelligence wasn’t right that Congress tory. Look at the tax system we had Democrats opposed it because the tax was given. Many of us voted against it. during the Clinton years and the tax cuts were unfairly weighted toward the But put that aside. Nobody paid for system we had during the Bush years highest income Americans. As a result the war in Iraq. Then there were the and make the contrast about what hap- of this opposition, Republicans were tax cuts that went overwhelmingly to pened: 22 million jobs created; not so forced to set the tax cuts to expire at the wealthiest people in our society. good during the Bush years, with very the end of 2010. Nobody paid for those tax cuts. Then anemic job creation. As 2010 drew to a close, President there was the Medicare partial privat- For too many people in my home Obama and many Democrats in Con- ization prescription drug bill. Nobody State, the recession didn’t mean they gress, including myself, supported ex- paid for that. So we went from the big- had to delay buying a new yacht. tending the tax cuts for middle-class gest budget surplus in American his- Workers in Steubenville, in Norwood, families but letting the lower rates on tory to the biggest budget deficit. At and Norwalk were struggling to stay income above $200,000 for an individual the same time, the economic geniuses afloat. They struggled to make ends and $250,000 for a family revert to the of the time that were running the gov- meet. Too many are still struggling. Clinton-era levels as was scheduled. ernment didn’t use the words ‘‘trickle That is why we have a responsibility to Senate Republicans filibustered that down,’’ but that is what it is. They the people in New Hampshire and the effort, refusing to allow the middle- said: If we cut taxes on the richest peo- people of Ohio and all over to pass the class tax cut without a tax cut for ple of our country, all that wealth will Middle Class Tax Cut Act of 2012. America’s wealthiest. Not wanting tax trickle down to the middle class and to The median household income in rates to go up on middle-class families working families and the poor and ev- Ohio is $47,358. For those families, a still struggling during the recovery, erybody will get richer and the econ- $2,000 tax cut means a whole lot. We the President and Senate Democrats omy will take off. know that 98 percent of Americans who reluctantly agreed to extend all the tax We had 8 years of that experiment. would benefit from this tax cut are cuts through this year, which brings us What happened? Between 2000 and 2010, going to put that money back into the to now. Once again, these tax rates are we lost 5 million manufacturing jobs economy. This isn’t trickle down. This set to expire. under those economic policies of giving is, someone gets a tax cut like that and I would like to keep rates low for huge tax breaks to the rich. The funda- maybe they can put a downpayment on middle-class families. Families in mental tenet and central core of that a car, maybe they can help pay their Rhode Island are still struggling in the policy was huge tax cuts for the rich. son or daughter’s way to community aftermath of the mortgage meltdown What happened? We lost one-third of college, maybe they can do some re- on Wall Street, and this is not the time our manufacturing jobs. It is only since modeling in their house, maybe they to raise their taxes. But I agree with we have begun to bring some more fair- can do some things around the house President Obama that for reasons of ness with the Recovery Act, with Wall that they need to do or take their kids fairness and to begin to address our Street reform, with the auto rescue— to a movie or go out to dinner once in deficit, it would be wise not to extend especially important in my State—and a while. But that $2,000 truly means a the Bush tax cuts for high levels of in- other things we have done did we see lot for a family with an income of come. the economy grow from 2010. The un- $47,000. That is why this legislation is Bear in mind in this discussion that employment rate in my State in 2009 so important. the Middle Class Tax Cut Act would was 10.6 percent. Now it is 7.3 percent. We can’t afford to stall on this im- benefit even high-end taxpayers. When That is not good enough, but it is cer- portant middle-class tax cut for the we protect the rates for the first tainly progress. There were 5 million Americans who need it most. The mid- $250,000 in income, it is the first $250,000 manufacturing jobs lost between 2000 dle class in our society has been beat for somebody making $1 million; it is and 2010. Since 2010, almost every sin- up long enough, for 10 years, where not just the first $250,000 for a family gle month we have gained, in the ag- wages have been stagnant, where peo- who makes $100,000 or $185,000. Whether gregate, some 450,000 to 500,000 manu- ple are too anxious about layoffs, someone makes $100 million or $185 facturing jobs. where people simply haven’t had the million, they still get the first $250,000 So this policy of cutting taxes on the opportunity to do what they need to do tax cut. If a family, for instance, wealthy was going to create prosperity. to build this great country. makes $255,000, they would only see an It didn’t work that way. We went from I ask my colleagues to support this increase on the $5,000 and only to the a surplus at the end of the Clinton legislation. Clinton-era rates that were in effect years to massive deficits at the end of I yield the floor. during the 1990s when our economy was the Bush years. The PRESIDING OFFICER. The Sen- thriving. A family earning $255,000 Let’s be clear. We are talking about ator from Rhode Island. would pay an extra $150 as a result of returning the tax rates for the top 2 Mr. WHITEHOUSE. Madam Presi- this bill. Extending the lower tax rates percent of the Americans to the 1993 dent, tomorrow we will have the oppor- for income above $250,000 for 1 year, as level, the same year President Clinton tunity to deliver a little bit of tax cer- the Republicans have proposed, would

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.040 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5287 add over $49 billion to our deficit. Even ORRIN HATCH, would raise taxes. It beliefs, and misleading statements. in Washington $49 billion is significant would raise taxes on 25 million lower Let’s get to the facts. money, money that would have to be and middle-income Americans. It It is a fact that every American tax- borrowed and would add to our deficit would raise taxes on those 25 million payer would receive a tax cut under problem. Americans still struggling in these our bill on the first $250,000 of their in- Many of the same Republicans who challenging economic times. Repub- come. It is a fact that compared to the voted in the name of deficit reduction licans claim not to want to raise taxes, middle-class tax cut act now before us, to end Medicare as we know it—deficit but the Republican tax bill would let the plan the Republicans have put for- reduction was so important to them very popular lower and middle-income ward would increase the deficit by $155 that they voted on the Ryan budget to provisions expire that would cost 25 billion. It is a fact that the bill Repub- end Medicare as we know it and would million Americans an average of $1,000 licans have put forward, despite their put thousands of dollars in costs on our each. Under the Republican bill, 12 mil- professed support for tax cuts, would seniors—would support deepening the lion families would lose part or all of raise taxes on the middle class by fail- deficit with high-end tax cuts. There is their child tax credit, 6 million fami- ing to extend the 2009 tax cuts for mid- a double standard here, and for most lies would lose part or all of their dle-class families, including the Amer- Rhode Islanders these are exactly the earned income tax credit, and 11 mil- ican opportunity tax credit and credits wrong priorities when it comes to def- lion families would lose their American that help families with children. icit reduction. opportunity tax credit which helps pay What is unfolding on the Senate floor In addition to the deficit concerns, for college. It provides a $2,500 tax now is the culmination of a rigid Re- we should let the tax cuts at the top credit for higher education. That pop- publican adherence to tax cuts for the expire just for fairness reasons. Loop- ular tax credit has already helped mil- wealthy as the supreme goal of public holes and special provisions allow lions of students and their parents pay policy. Republicans have demonstrated many super high-income earners to pay for college, along with Pell grants, an- a willingness to risk government shut- lower tax rates than many middle-class other subject of Republican attack. downs. They have demonstrated a will- families. According to the nonpartisan Extending the American opportunity ingness to risk grave economic dam- Congressional Research Service, 65 per- tax credit, the college tax credit, age, to risk rising taxes on the vast cent of individuals earning $1 million through 2013 would cost about $3.2 bil- majority of Americans in pursuit of or more annually pay taxes at a lower lion. Republicans believe we cannot af- their highest priority: lower taxes on rate than median-income taxpayers ford a $3.2 billion investment in higher the wealthiest 2 percent of us. They making $100,000 or less. education for middle-class Americans, want to risk all of that in service to an Let me say that again so it sinks in. but we can afford $49 billion in contin- idea that has already proved a failure. Sixty-five percent, nearly two-thirds, ued tax cuts for ultra high-income When historians look back at the Re- of individuals earning $1 million or earners. A $2,500 tax credit might seem publican dedication to the tax cuts for more a year—the vast majority of indi- pretty small in comparison to the the wealthy, they will find it remark- viduals earning $1 million or more an- $92,000 average tax break that million- able that so many fought so long and nually—pay taxes at a lower rate than aires, or people earning $1 million a so hard to go back to a failed policy. median-income taxpayers making year, would receive from another year Income for the typical American fam- $100,000 or less. Because of the loop- of high-end tax cuts, but that $2,500 ily peaked in the year 2000, not coinci- holes, because of what the special in- may make a much bigger difference in dentally just before the Republican terests have done, our supposedly pro- the life of that middle-class family tax-cuts-for-the-wealthy mania gressive tax system is upside down to with that child trying to get into a col- reached its zenith. the point where 65 percent of those lege they can afford than that $92,000 A June study by the Federal Reserve earning over $1 million pay a lower tax would make in the life of somebody found that the average middle-class rate than the median-income taxpayer earning well over $1 million a year. family’s net worth had fallen by 40 per- making $100,000 or less. Once again, look at the priorities cent from 2007 to 2010. In 2010, the bot- Earlier this year we voted on my here. Republicans fought to protect the tom 99 percent of income earners Paying a Fair Share Act, legislation tax loopholes and taxpayer subsidies reaped just 7 percent of total income that would implement the so-called for big oil. They fought to protect the growth while 93 percent of all growth Buffett rule and ensure that multi- carried interest tax loophole that lets flowed to the top 1 percent. million-dollar earners paid at least a hedge fund billionaires pay lower tax As David Leonhardt of the New York 30-percent overall effective tax rate. rates than their chauffeurs and door- Times reported on Monday: During debate on my Buffett rule bill, men. They want to go after the child The top-earning 1 percent of households I cited an IRS statistic that the top 400 tax credit, they want to go after the now bring home about 20 percent of total in- taxpayers in America in 2008 who earned income tax credit, and they come, up from less than 10 percent 40 years earned an average of $270 million each want to go after the college tuition tax ago. The top earning 1/10,000th of house- in that 1 year paid the same 18.2-per- credit. Those are priorities that, like holds—each earning at least $7.8 million a cent effective tax rate on average that our Tax Code, for too many Americans year, many of them working in finance— is paid by a truckdriver in Providence, are upside down. bring home almost 5 percent of income, up RI. I hope Republicans will join us to- from 1 percent 40 years ago. The single biggest factor driving this morrow in voting to advance a measure Perhaps this vast accumulation of inequality is the special low rate for that would keep taxes low for the vast wealth would arguably be acceptable if capital gains, 15 percent under the majority of Americans, and I urge it had resulted in faster economic Bush tax cuts. The special capital them to reexamine their proposal to growth that produced new jobs and gains rate allows hedge fund billion- raise taxes on 25 million low- and mid- helped average Americans prosper. In- aires to avail themselves of that so- dle-income Americans. deed, since the time of President called carried interest loophole and I thank the Chair, and I yield the Reagan, America has been told that pay taxes at lower rates than their floor. the rising tide lifting up the wealthy doormen, secretaries, or chauffeurs. If The PRESIDING OFFICER. The Sen- would lift all boats, and that the bene- we let the tax cuts at the top expire, ator from Michigan. fits would trickle down to all Ameri- these rates revert to 20 percent instead Mr. LEVIN. Madam President, many cans. Our Republican colleagues today of 15 percent. Now 20 percent is still a of our Republican colleagues argue argue that we must continue the Presi- pretty low rate for someone making that we can’t extend tax relief for mid- dent Bush tax cuts for the wealthy or $100 million a year, but more like what dle-class families unless we also extend risk harm to the ‘‘job creators.’’ a family making $100,000 a year pays. tax cuts for the wealthiest. They argue But the Republican emphasis on poli- Let’s also be very clear about one without tax cuts for the wealthiest 2 cies that are more and more generous thing: The proposal that Republicans percent, we will harm job creators and to the wealthiest have utterly failed to prefer, the tax cut bill introduced by slow the economy. Their arguments spark economic growth or create the Finance Committee ranking member rely on faulty assumptions, mistaken jobs we need. Their experiment failed.

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.042 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5288 CONGRESSIONAL RECORD — SENATE July 24, 2012 The Bush tax cuts coincided with the women and their families. Every time al governments should be able to hold slowest rate of job growth in American we have reauthorized this bill we have accountable defendants who have a history. Economic growth, even before included bipartisan provisions to ad- strong tie to the tribal community. the financial crisis, nearly sent our dress those who are not being protected I was very glad to see Republican economy into depression and was woe- by it. But here we are back on the Sen- Congresswoman JUDY BIGGERT and sev- fully short by historic standards. ate floor urging support for a bill that eral of her Republican colleagues echo The failure of the Bush policies to should not be controversial. these very same sentiments last week. spur economic growth and job creation So, today, the women of the Senate In a letter to Speaker BOEHNER and underlies the failure of another prom- and the men who support the Violence Leader CANTOR, the Republican Mem- ise from supporters of tax cuts for the Against Women Act have come to the bers explicitly called on their party wealthy, the promise that those cuts floor with a simple, straightforward leadership to end this gridlock and ac- would pay for themselves. Republicans message for our friends in the House of cept ‘‘Senate-endorsed provisions that backing the tax cuts of 2001 and 2003 Representatives: Stop the games and would protect all women of domestic painted those grand scenarios that pass the inclusive, bipartisan Senate violence, including college students, grow so rapidly that it would yield in- bill without delay. LGBT individuals, Native Americans, creased tax revenue. But instead of In the coming weeks we are going to and immigrants.’’ growing Federal coffers, we got a flood be making sure this message resonates So today we are here to urge Speaker of red ink. loudly and clearly both in the Nation’s BOEHNER to listen to the members of So the policy of tax cuts for the Capital and back home in our States his own caucus and join us in taking a wealthy failed as a fiscal policy. It because we are not going to back down, major step to uphold our government’s added to our deficit. It failed as an eco- not while there are thousands of promise to protect its people. I was so nomic policy, coinciding with weak women across our country who are cur- proud to have served in the Senate growth and economic output and job rently excluded from the law. In fact, back in 1994 with Senator BOXER, who creation, and it failed as a vital test of for Native and immigrant women and is here with me today, when we first public policy in a democratic society LGBT individuals, every moment our passed this bill. Since we took that his- because it failed the fairness test. In- inclusive legislation to reauthorize the toric step, VAWA has been a great suc- stead, it facilitated massive accumula- Violence Against Women Act is de- cess in coordinating victims’ advo- tions of wealth for a fortunate few layed is another moment they are left cates, social service providers, and law while most Americans have struggled without the resources and protection enforcement professionals to meet the just to tread water. they deserve. challenges of combating domestic vio- Yet our Republican colleagues persist The numbers are staggering: 1 in 3 lence. Along with this bipartisan sup- in their pursuit of their failed policy— Native women will be raped in their port, it has received praise from law persist, in fact, to the point that they lifetimes—1 in 3—and 2 in 5 of them are enforcement officers, prosecutors, are willing to force a tax increase on victims of domestic violence. They are judges, victim service providers, faith more than 90 percent of taxpayers and killed at 10 times the rate of the na- leaders, health care professionals, ad- potentially send our economy tumbling tional average. vocates, and survivors. back into recession in adherence to These shocking statistics aren’t iso- VAWA has attained such broad sup- that failed policy. lated to one group of women: 25 to 35 port because it works. Where a person We are not arguing against this pol- percent of women in the LGBT commu- lives, their immigration status, or icy of tax cuts for the wealthiest be- nity experience domestic violence in whom they love should not determine cause we seek to denigrate success or their relationships, and 3 in 4 abused whether perpetrators of domestic vio- to stoke class warfare, as some Repub- immigrant women never entered the lence are brought to justice. These licans allege. We are arguing against process to obtain legal status, even women across this country cannot af- these policies because they are broken, though they were eligible, because ford any further delay—not on this bill. they have failed, and they are unfair. their abuser husbands never filed their Today the New York Times ran an We should reject them lest they do paperwork. editorial on this bill that gets to the even more harm. We should reject the This should make it perfectly clear heart of where we are. It began by say- Republican pursuit of tax cuts for the to our colleagues in the other Chamber ing: wealthy at all costs, every other con- that their current inaction has a real House Republicans have to decide which is sideration be damned. We should allow impact on the lives of women across more important: Protecting victims of do- middle-class families to keep a few of America who are affected by violence— mestic violence or advancing the harsh their hard-earned dollars and pass the women such as Deborah Parker. antigay and anti-immigrant sentiments of Middle Class Tax Cut Act. At a min- Deborah is the vice-chairwoman of some on their party’s far right. At the moment, harshness is winning. imum we should vote tomorrow to the Tulalip Tribe in my home State of overcome the filibuster threat and pro- Washington. Deborah was repeatedly But the editorial pointed out, it ceed to debate this singularly impor- abused starting at a very young age by doesn’t have to be that way. It pointed tant issue. a nontribal man who lived on her res- out: Madam President, I yield the floor. ervation. Not until the abuse stopped In May, 15 Senate Republicans joined with The PRESIDING OFFICER. The Sen- around the fourth grade did Deborah the chamber’s Democratic majority to approve a strong reauthorization bill. ator from Washington. realize she wasn’t the only child suf- Finally, it ends with what we all VIOLENCE AGAINST WOMEN ACT fering at the hands of that assailant. Mrs. MURRAY. Thank you, Madam At least a dozen other young girls had know we need to take this bill forward: President. I come to the floor this fallen victim to that same man. Leadership from Congressman BOEH- afternoon to talk about a very impor- He was a man who was never arrested NER. tant bill, the Violence Against Women for his crimes, never brought to jus- Madam President, I ask unanimous Act. It is hard for me to believe it has tice, and still walks free today, all be- consent that the letter be printed in actually been months now since we cause he committed these heinous acts the RECORD. There being no objection, the mate- first came to the floor to talk about on the reservation and is someone who rial was ordered to be printed in the this important legislation, which is is not a member of the tribe. It is an RECORD, as follows: why we are here again this afternoon: unfortunate reality that he is unlikely to try and pass a bill into law that has to be held liable for his crimes. [From the New York Times, July 23, 2012] consistently received broad bipartisan Reauthorizing an inclusive VAWA is DELAY ON DOMESTIC VIOLENCE approval. It is a bill that passed the a matter of fairness. Deborah’s experi- With Congress just days away from its Au- ence and the experience of other vic- gust break, House Republicans have to de- Senate now almost 3 months ago by a cide which is more important: protecting vote of 68 to 31. tims of this man do not represent an victims of domestic violence or advancing The Violence Against Women Act has isolated incident. For the narrow set of the harsh antigay and anti-immigrant senti- successfully helped provide lifesaving domestic violence crimes laid out in ments of some on their party’s far right. At assistance to hundreds of thousands of the Violence Against Women Act, trib- the moment, harshness is winning.

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.043 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5289 At issue is reauthorizing the Violence tremely honored to do that. We were out of the House Violence Against Against Women Act, the landmark 1994 law able to pass small portions of the bill Women Act, we see the exclusion of the central to the nation’s efforts against domes- early in the 1990s. Native American community. tic violence, sexual assault and stalking. But it wasn’t until I came to the Sen- Despite the epidemic of sexual as- In May, 15 Senate Republicans joined with the chamber’s Democratic majority to ap- ate that we actually passed the entire sault and dating violence on our col- prove a strong reauthorization bill. Instead bill, and I think it was Senator SCHU- lege campuses, the House bill leaves of embracing the Senate’s good work, House MER, who was then in the House, who out improved protections for more Republicans passed their own regressive picked up the ball on the bill in the than 11 million college women. version, ignoring President Obama’s veto House. It got passed. Since then we The House bill would deny vital pro- threat. The bill did not include new protec- have seen a decline in domestic vio- tections to women such as an immi- tions for gay, immigrant, American Indian lence of 53 percent. But even so, even grant woman who is my constituent and student victims contained in the Senate while the law is working, we have to who had been stabbed by her boyfriend measure. It also rolled back protections for strengthen it because, as the Presiding 19 times while she was 3 months preg- immigrant women, including for undocu- nant. During her ordeal, her boyfriend mented immigrants who report abuse and co- Officer knows because she is a leader in operate with law enforcement. this cause, every day three women are drove her from one part of town to the Negotiations on a final bill are in limbo. killed by their abusive partners. Let other, refusing to take her to the emer- Complicating matters, there is a procedural me say that again. Every single day, gency room, even though she was los- glitch. The Senate bill imposes a fee to pay three women are killed by their abu- ing consciousness and bleeding pro- for special visas that go to immigrant vic- sive partners. fusely. tims of domestic abuse. This runs afoul of So in order to change this terrible Thankfully, the woman received the rule that revenue-raising measures must medical attention, the baby was not begin in the House. Mr. BOEHNER’s leadership statistic, we need to reauthorize the Violence Against Women Act, and we lost, and she made a full recovery. This could break the logjam—but that, of course, brave woman, despite her physical and would also require his Republican colleagues need to improve it to protect more vic- to drop their narrow-minded opposition to tims of domestic violence. That is what emotional scars, fully cooperated with stronger protections for all victims of abuse. the Senate did. I am very proud of the police and the prosecutor to eventually Unless something changes, Republicans Senate. We passed the bipartisan bill bring her abuser to justice. A women’s will bear responsibility for blocking renewal with a vote of 68 to 31, with 15 Repub- shelter helped her get a U visa based on of a popular, lifesaving initiative. This seems licans voting in favor. her cooperation with law enforcement, an odd way to cultivate moderate voters, es- and she and her child were able to pecially women, going into the fall cam- The Presiding Officer also worked hard to get the Transportation bill move on with a new life. paign. If we look at some of the most vul- done. It was a very similar situation. Mrs. MURRAY. Today the effort we nerable people living in America today, The Senate had a bipartisan bill; it was are beginning in the Senate is an effort in addition to our children—and I know a very popular bill. It had over 70 that will continue for as long as it what the Presiding Officer is dealing votes. The House was very slow to take takes. It is a call for the same thing: with in Pennsylvania, with an unbe- up the measure, and we kept saying: Leadership. It is time for Speaker lievable, horrific, violent crime that Pass the Senate bill. Finally, they BOEHNER to look beyond ideology and took place on a college campus over a partisan politics. It is time for him to passed a small bill, and we got to con- period of years—we know our children look at the history of a bill that again ference, and we hammered it out. are vulnerable, and our immigrant But here is the thing: We don’t have and again and again has been supported women are extremely vulnerable, too, time on this bill. We need to ask the and expanded by Republicans and because they are scared they are going House to take a look at our bill and to Democrats. It is time for him to do the to be kicked out of the country and, right thing and pass our inclusive, bi- understand how important it is that therefore, their abuser knows that and partisan Violence Against Women Act everybody be included in the Violence puts them in a horrific situation, because the lives of women across the Against Women Act. where if they go to the police to report I am going to put up a chart that country literally depend on it. the abuse on themselves and their kids, I am delighted my colleague from shows us how many people are left out they may be kicked out of the country. California is here with me. She has of the House Violence Against Women That is why we have the U visas. The been with us every step of the way in Act. U visas say: If someone cooperates with this bipartisan bill that we have moved (Mr. CASEY assumed the chair.) law enforcement, they will not be forward. With the women and men who Mrs. BOXER. Now, I say Mr. Presi- kicked out. So we have to include im- support us, we are going to continue to dent, we can see that 30 million people migrant women and, by extension, be loud and strong. We need to pass the are left out of the House Violence their children in the 30 million who are Against Women Act. That is why we bill, and Speaker BOEHNER needs to left out. We have to add them back in. take it up for the women who are have seen a number of colleagues in the The House bill fails to ensure that watching and waiting. House call for passage of a bill such as people such as Jonathon, a gay man I suggest the absence of a quorum. the Senate’s bill, because we include who was abused by his partner of 13 The PRESIDING OFFICER. The everybody. It isn’t fair to leave entire years, receives full protection under clerk will call the roll. groups out of the protections of the Vi- the law and cannot be discriminated The assistant bill clerk proceeded to olence Against Women Act, and that is against. call the roll. exactly what they do in the House. When Jonathon did seek shelter from Mrs. BOXER. Madam President, I ask The House bill ignores the wishes of his abuser, he was refused by three L.A. unanimous consent that the order for law enforcement and excludes key pro- area domestic violence shelters, none the quorum call be rescinded. tections for 4 million immigrants. It of which could give him a reason for The PRESIDING OFFICER. Without excludes 16 million LGBT persons from excluding him. But he was left out be- objection, it is so ordered. critical legal protections and services. cause this community was not men- Mrs. BOXER. Madam President, I am More than 44 percent of LGBT victims tioned in the Violence Against Women proud to follow Senator MURRAY in her who seek shelter are turned away. Act. It is not mentioned in the House call to pass the bipartisan Senate bill The House bill would also prevent In- act, and Jonathon falls among the 30 which would reauthorize the Violence dian tribes from protecting almost 2 million who are left out of the House Against Women Act. The Leahy-Crapo million Native American women from act. bill is the only bill that will protect all their abusers. This is outrageous. It is The House bill also leaves out stu- of the women in our country. an extremely outrageous omission, dents such as Mika, who was physically I well remember when Vice President given that nearly half of all Native assaulted by her ex-boyfriend while she BIDEN was then-Senator BIDEN, and in American women have been victims of was in college in San Francisco. Her 1990 he wrote the Violence Against domestic violence. Let me repeat that: ex-boyfriend broke her phone, broke Women Act. I was in the House at the Almost half of all Native American into her home, stole her belongings, time. He asked if I would carry the women have been victims of domestic stalked her at school, and severely beat House version of his bill. I was ex- violence. Yet among the 30 million left her.

VerDate Mar 15 2010 02:14 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.046 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5290 CONGRESSIONAL RECORD — SENATE July 24, 2012 She got a restraining order against are certain times when we should reach and think in this Chamber without the him but struggled to get her school to out to one another and protect the kind of connection to individual lives, enforce that restraining order. She American people. This is one of those where we see legislation, our acts here, should not have had to struggle. She times. We have the bill. It is bipar- making a difference. This measure of- should have had the school on her side. tisan. It works. Please accept it, and fers us the opportunity to make a dif- Sadly, only the Senate bill would let’s get on with our work. ference by broadening and making help her, not the House bill. The House Thank you very much. more inclusive this measure. bill does not protect these women. I yield the floor. It makes it more effective. I am Only the Senate bill ensures that all The PRESIDING OFFICER. The Sen- proud it makes it more effective with women, LGBT individuals, and college ator from Connecticut. an amendment I offered to prosecute students are protected equally under Mr. BLUMENTHAL. Mr. President, criminals who use the Internet to in- the law, as well as Native American let me begin by thanking my colleague timidate, threaten, harass, and incite women. from California for her leadership over violence against women and children. The consequences of denying anyone many years and her steadfast courage The use of the Internet is increas- the critical protections in the Violence and vision on this issue; likewise, my ingly prevalent for these kinds of Against Women Act are too great. colleague from the State of Wash- crimes. The legislation I introduced, When someone is bleeding on the floor, ington who spoke before her, Senator included in the Senate’s bill, enhances we need to help them in this great MURRAY, for her leadership, as well and current law for the Internet age. That country. We do not want to start ask- others in this body who passed VAWA, section of the bill is not in the House ing them questions. Are you gay? Are the Senate’s version of that measure, version. It should be. That is a reason you straight? Are you an immigrant? S. 1925, by an overwhelming bipartisan I am urging the House to adopt the Are you a college student? Are you a margin, in fact, 68 to 31, back in April. Senate version. Native American? If someone is bleed- This measure truly is bipartisan, and But it is also more inclusive in in- ing on the floor, we help them in this it has commanded overwhelming sup- cluding lesbian, gay, bisexual, and country. That is what America is port in this body and, more important, transgender constituents—whom all of about. from across the American public. us have—in these protections. We see the compassion and the love In Connecticut, I hear again and LGBT Americans experience domestic violence at the same rate as the every day in our country, and we saw it again from men and women, members general population, but they often face pour out in Aurora, CO, for an unspeak- of all communities, that the Violence discrimination in accessing services. In able situation. When there is violence, Against Women Act is an idea whose fact, a survey found that 45 percent of we have to help the victims. Only the time came 18 years ago but continues LGBT victims were turned away when Senate bill, the Senate Violence to demand the kind of respect and sup- they sought help from a domestic vio- Against Women Act, the Leahy-Crapo port the Senate has given it. lence shelter. There is a real need—an bipartisan Senate bill, affords protec- Now is the time for the House to unquestionable and immediate need— tion to all our people. adopt the Senate bill because it is more to improve the access and availability So what we are saying to Speaker inclusive and more effective. For a bill of services for LGBT victims, and our BOEHNER is: Please hear our plea. This that works, as this measure truly does, measure does it; the House version does is not about the Senate saying it is any to include more potential victims, to not. better than the House. What we are provide more tools of enforcement is absolutely appropriate and necessary Over 800 constituents—and I welcome saying is, in a bipartisan way, we fig- them in contacting me—have written ured out a bill that will protect every- at this point in our history. Of course, I hear from Connecticut me to urge that we preserve the LGBT body, and we are asking Members to provisions of the Senate bill as VAWA pick up that bill and pass it. constituents such as Hillary from Fair- field, who tells me: moves forward. There are some technical issues—a S. 1925 also includes protections for blue-slip question. We have studied One in four women, worldwide and in the U.S. is at risk for violence at some point in Native Americans that are absolutely that. What did we find out? Those tech- vital. One of the invisible, unknown, nical problems can be overcome in 5 her life. Men are at risk too, and VAWA supports provisions for men to be safe and unrealized, unacknowledged facts seconds. So there is no reason why the healthy in their relationships as well. VAWA about this community is that nearly House cannot pick up and pass the Sen- supports programs for both men and women three out of five Native American ate bill. perpetrators of abuse to get the help they women are assaulted by their spouses The safety of women across the coun- need to stop the violence, and it ensures that or intimate partners. One-third of all try, the safety of all our communities, women and their children have a safe place American Indian women will be raped is at stake, and it is time we pass it. to go when in danger. during their lifetime. Those numbers In closing, I would say this: Vice Susan from New Haven: alone should dictate the result. The President BIDEN is a wonderful human Reauthorizing VAWA sends the message members of the Tribal Council of the being, and he could not sit back when that survivors of sexual assault, domestic vi- Mashantucket Pequot Tribal Nation he was in the Senate and see violence olence, dating violence and stalking must and others across the country—the have the tools to heal and reclaim their against women go on and on and on Mashantucket Pequots happen to be without any way to ensure that women lives; that women and girls, our communities and our families, must be safe; that from Connecticut—have appealed to could get into shelters, that women the next generation must be engaged in this me to protect the tribal provisions in could get counseling, that law enforce- effort—and that the evolution of our collec- the Senate measure, not to waiver, not ment could be trained, that doctors tive thinking on how to break the cycle of to relent to the House version. could be trained, that nurses could be violence is a national priority. To send any Again, I urge the House to adopt our trained, and that we enhance the pen- other message is unconscionable. Congress measure. alties for those who would harm an- must act swiftly. Renew VAWA now. Protecting immigrant populations other in a domestic violence situation. Renew VAWA is the message we ought to be a given for the Senate. The He had tremendous foresight. In this carry to the House: Renew VAWA with House version of VAWA would ‘‘endan- bill, Senator LEAHY and Senator CRAPO the improvements and reforms we have ger the safety of noncitizen victims have amazing foresight because they wisely adopted in this body and con- and society as a whole.’’ That is a have strengthened this. We have cut tinue a measure that has benefited quote from the International Institute back domestic violence by 53 percent. 54,000—let me repeat that, 54,000—do- of Connecticut, which has urged me to But we have a long way to go when mestic violence victims in Connecticut hold firm to support the provisions of three women a day are killed—killed— alone, millions across the country, and the Senate bill and not surrender to by their abuser. has provided organizations in Con- the House and relent on protecting im- Again, we have a very clear message necticut nearly $5 million in just the migrants who need this help. for the House: Please join hands with last fiscal year from VAWA programs. Again, I quote. The House version us. Please, with all the politics and all These measures make a difference in would ‘‘endanger the safety of noncit- the fighting and all the problems, there people’s lives. So often we can speak izen victims and society as a whole.’’

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.049 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5291 VAWA symbolizes for our immigrants, virtue of their hard work and accom- crease on nearly 1 million business those who come to this country, what plishments. When someone works hard owners. Proponents of this increase are makes America great. We protect ev- and succeeds, we should not celebrate going to argue that it will only affect eryone who needs it. We enforce the that person as an example to others, a small segment of our economy. Yet laws equally without discriminating we should instead take from him or her the Joint Tax Committee estimates against people as to their national her- in order—again, as the President said— that the President’s tax increase in the itage or origin or ethnicity or race or to ‘‘spread the wealth,’’ to quote an- Reid plan will hit more than 50 percent other background. Equal protection of other of his lines. of all income earned by businesses that the law is one of the unique constitu- I am hopeful that the tax-and-spend pay their taxes at individual rates. tional principles of the American de- philosophy of the Reid tax plan, how- These are so-called passthrough busi- mocracy and the American Constitu- ever, will not be our only option. I hope nesses, and they apply to S corporation. Our landmark measure enhances we will also have the opportunity to tions, partnerships, sole proprietor- and enforces equal protection of the vote on legislation introduced recently ships, and LLCs. They are the ones who law. by Senator HATCH and Minority Leader are going to see their cost of business I hope this body stands firm. I hope MCCONNELL. This plan takes a very dif- go up next year for no other reason the House understands that it is not ferent approach by following the view than the desire by the Senate Demo- one body being better than another. We that now is not the time to raise any- crats to ‘‘tax the rich.’’ are way beyond that kind of compari- one’s taxes. This view holds that our Small businesses, which accounted son at this point. It is one version of American free enterprise system works for two-thirds of the net new jobs over the same legislation, one set of provi- best when government gets out of the the last decade, will be particularly sions seeking a common goal, doing it way, leaving Americans free to pursue impacted by these tax increases. Ac- better, more inclusively, and more ef- their hopes and dreams. One way we cording to a survey of small businesses fectively in the great tradition of the can leave Americans free to pursue by the National Federation of Inde- legislative process. their dreams is by not raising their pendent Business, 75 percent of small I urge the House of Representatives taxes next year. And we especially businesses are organized as pass- to put partisanship aside, to put aside should not raise taxes when Americans through businesses. NFIB also found any kind of cameral personal dif- are struggling to get by. that the businesses most likely to be ferences and take immediate action to Ironically, the view that we should hit by the Reid tax increases are those support all in America who are victims extend current tax policy at a time businesses employing between 20 and of domestic violence and sexual abuse. when the economy is weak was articu- 250 employees. According to the U.S. I yield the floor, and I suggest the ab- lated, interestingly enough, by the census, the data that they collect, sence of a quorum. President just 2 years ago when he these businesses employ more than 25 The PRESIDING OFFICER. The signed an extension of all of the tax percent of the workforce. So the mil- clerk will call the roll. rates. At that time, President Obama lion small businesses that, according to The assistant legislative clerk pro- said that raising taxes would have the Joint Committee on Taxation, will ceeded to call the roll. ‘‘been a blow to our economy just as see their taxes go up under this pro- Mr. THUNE. Mr. President, I ask we’re climbing out of a recession.’’ In- posal employ 25 percent of the Amer- unanimous consent that the order for terestingly enough, real GDP growth ican workforce and account for over 50 the quorum call be rescinded. when he made that statement was percent of all passthrough income. So The PRESIDING OFFICER. Without around 3.1 percent. That was the aver- you are going to see taxes go up dra- objection, it is so ordered. age when the President made the state- matically on over 50 percent of pass- Mr. THUNE. Mr. President, I rise ment that if we raised taxes, it would through income and on small busi- today to talk about the need to extend have ‘‘been a blow to our economy.’’ nesses that employ 25 percent of the the current tax rates and to reject the Well, real GDP growth this year is on a American workforce. tens of billions of dollars in higher pace to average 2 percent and possibly Does that make sense in this econ- taxes the President and Senate Demo- less. Those numbers are consistently omy? It should be no wonder that the crats want to impose next year. I be- being revised and being revised down- political party advocating this kind of lieve the upcoming vote or votes will ward. If it did not make sense to raise tax policy has also presided over the be some of the most important votes taxes when our economy was recov- weakest economic recovery literally the Senate holds this year. ering, why does it make sense now to since the end of World War II. As early as tomorrow, we will hope- raise taxes as our economy is slowing? The impact of the Reid tax increase fully vote on tax plans that represent How does it make sense to raise taxes on small business will be bad enough, two competing philosophies. One plan, in an environment where over 23 mil- but unfortunately these tax increases introduced by Majority Leader REID lion Americans are out of work or un- will have significant ramifications for and supported by Senate Democrats deremployed, when the unemployment our entire economy. According to a and the President, proposes higher rate has been stuck at over 8 percent study released earlier this month by taxes on American entrepreneurs, in- now for 41 consecutive months? Ernst & Young, the Reid tax plan vestors, and small business owners. The votes tomorrow are incredibly would hurt our economy in the long The Democratic plan represents the important—not because either plan is term. According to Ernst & Young, the philosophy that if only the government likely to become law immediately but tax increases in the Reid plan would re- could raise enough money, Congress because Americans deserve to know duce economic output by 1.3 percent. could somehow spend our way to pros- where their Senators stand when they This would mean $200 billion less in perity. It is a viewpoint that holds that go to vote this November. Do you stand economic activity if translated into to- the Federal Government can spend for stable tax rates that encourage day’s economy. The Ernst & Young hard-working American tax dollars work and investment or do you stand study estimates that the tax policies in better than they can. Rather than leav- for increasing taxes on the very busi- the Reid plan would reduce employing the money in the private economy nesses we rely on for job creation? Do ment by one-half percent, meaning where it can be invested or spent by you stand for a free enterprise system roughly 710,000 fewer jobs. private citizens, this view holds that that rewards hard work and innovation The study estimates the Senate the government should instead bring or do you stand for making it more dif- Democrats’ approach will reduce the these dollars here to Washington, DC, ficult for small businesses to grow and Nation’s capital stock by 1.4 percent to redistribute them through the Fed- succeed? These are the important and investment by 2.4 percent, and this eral bureaucracy. This philosophy was choices that will have a real impact on approach will reduce aftertax wages by probably best articulated by the Presi- hard-working Americans and on our 1.8 percent. So we will be reducing in- dent recently when he said, ‘‘If you’ve economy at large. vestment, costing the economy over got a business—you didn’t build that. Consider the Reid tax plan. Accord- 700,000 jobs, and reducing aftertax Someone else made that happen.’’ In ing to the Joint Committee on Tax- wages for hard-working Americans in other words, no one is extraordinary by ation, this plan will impose a tax in- this country. Yet here we are talking

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.051 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5292 CONGRESSIONAL RECORD — SENATE July 24, 2012 about a tax increase that would do dan- I believe we ought to completely this policy, as proposed by the Demo- gerous damage and harm to our econ- eliminate the death tax, and I have in- crats’ plan, would do. omy. troduced legislation, with 37 of my col- The USDA estimates 84 percent of I would say, these aren’t partisan leagues, to do so. But the current death farm assets are comprised of farm real statistics compiled by Senate Repub- tax treatment exempts the large ma- estate. That is where most farm and licans. These are the estimates by a re- jority of family farms and businesses ranch families have their assets. That spected accounting firm as to what will from the tax. The Reid plan, however, means family farms don’t have extra happen if we follow the tax policies would allow the death tax to revert to cash on hand to pay the death tax. In- proposed by Senate Democrats and the the provisions in effect before 2001. stead, they will have to sell off land or President. We will have less economic This means, under the Reid plan, take on additional debt in order to pay growth, fewer jobs, and a lower stand- that family farms and businesses will these higher taxes. That is exactly ard of living in the long run. These face a top death tax rate of 55 percent what we don’t want to see happen in numbers simply confirm common on estates above $1 million in value. this country. sense. If we want individuals and busi- This is a massive death tax increase I don’t believe the President’s pro- nesses to spend and invest more, we on tens of thousands of small busi- posal—which is a $3.5 million exemp- shouldn’t raise the amount of the in- nesses and family farms across Amer- tion and a 45-percent top rate—is ade- come they have to pay to the Federal ica. In fact, according to the Joint quate, but it is much better than what Government, and that is what this Committee on Taxation, the Reid plan Senate Democrats in the Reid plan does. will increase the number of estates have proposed. We have major tax policy decisions subject to the death tax in 2013 from Let me summarize, if I might. To- to make, decisions reflected in the 3,600 estates under current law to 50,300 morrow we are going to vote on the votes we will take tomorrow. Do we estates under the Reid proposal. Reid proposal to raise taxes at a time want to encourage capital formation in According to the Joint Committee on when Americans are hurting and our this country? In other words, do we Taxation, the Reid plan will subject 20 economy is fragile. The Reid proposal want to encourage investors to put times more farming estates to the will impose higher taxes of more than their capital at risk so that businesses death tax in 2013—a 2,000-percent in- $50 billion on successful small business will have money to make new invest- crease. The Reid plan will subject 9 owners and families. It will hurt our ments? Well, by raising the capital times more small businesses to the economy, reducing economic growth gains tax rate from 15 percent to 20 death tax—a 900-percent increase. and job creation at the same time it percent for some investors, the Reid If the death tax policy in the Reid lowers wages for hard-working Amer- bill will make it less attractive to in- plan were made permanent over the ican families. It will impose a new vest in our economy. According to an next 10 years, the number of small death tax of $31 billion on 43,100 family Ernst & Young study from February of businesses subject to the death tax will farmers, ranchers, and small busi- this year, the top rate of capital gains increase from 1,800 to 23,700, and the nesses. will rise from 56.7 percent on January 1 number of family farms subject to the We will also vote, I hope—I hope—on of next year, after taking into account death tax would increase from 900 to the Hatch-McConnell alternative plan corporate, investor, and State taxes. 25,200. That is all data put together and to keep tax rates where they are, to This will be the second highest com- reported out by the Joint Committee prevent a tax increase on any Amer- bined capital gains tax rate in the on Taxation. ican next year. In addition to keeping world among OECD and BRIC nations. The reason for this massive expan- tax rates where they are, the Hatch- America already has the highest cor- sion of the death tax is because the $1 McConnell proposal provides instruc- porate tax rate in the developed world. million exemption amount is much too tions to the Finance Committee to re- It appears as if the Senate Democrats low, given the value of successful farms port out fundamental tax reform legis- are going for No. 1 when it comes to and small businesses today. I will use lation by 12 months from the date of capital gains taxes as well. my State of South Dakota as a good enactment of the bill. The Hatch- If there is anything I can say that is example. Take family farms in South McConnell approach is the correct ap- positive about the Democrats’ tax in- Dakota. According to the Department proach: Prevent a tax increase now and crease plan, it is that at least they re- of Agriculture, the average size of a move to fundamental tax reform next jected the President’s proposal to near- farm in my State is 1,374 acres. Accord- year. ly triple the tax on dividends paid by ing to the USDA, the average value per Of course, extending current tax law upper income Americans. Even Senate acre of cropland in South Dakota is temporarily is only a short-term fix. Democrats, who are not shy about rais- about $1,810. This means the average What is needed is comprehensive tax ing taxes, understand the President’s value of a farm in my State is nearly reform, much like the Tax Reform Act proposal to impose a top rate of over 40 $2.5 million. So if you have a death tax of 1986. Real tax reform will drive eco- percent on dividend income would be law that only exempts $1 million and nomic growth higher, will lead to ro- terrible for millions of seniors who rely has a 55-percent top rate on everything bust job creation, and will result in on dividend-paying stocks and for above that, imagine what that is going more revenue to the Federal Govern- those American companies that rely on to do to the average farm in a State ment. dividends to raise capital. such as South Dakota. And South Da- But real tax reform is going to re- Instead, the Reid bill would increase kota is not unique in that regard. We quire Presidential leadership, some- the top rate on dividends from 15 per- have seen land values rise across Amer- thing that has, unfortunately, been cent to 20 percent. I believe this tax in- ica’s heartland, from Nebraska to Mis- lacking over the past 31⁄2 years. Per- crease is bad policy, but it won’t be souri to Montana. haps next year we will have a President nearly as harmful as the President’s Let’s be clear: The Reid bill would truly willing to commit to tax reform, approach would have been. subject many more families to a puni- a President who is not content with On another issue of critical impor- tive double tax—the death tax—when a simply releasing a 23-page framework tance, however, the Senate Democrats loved one passes away. It will make it for corporate tax reform. have decided to run to the left of this much more difficult to pass family But until we get to comprehensive liberal administration, and this is on farms and businesses from one genera- fax reform, the least we can do now is the issue of the estate tax, better tion to the next. And we should never to ensure Americans do not face a mas- known as the death tax. The Reid plan forget that most family farms are land sive new tax hike during a weak econ- would impose a huge new death tax on rich and cash poor. Lots of assets, land omy. I hope we will get that vote to- family farms and businesses next year. values, and those sorts of things, but morrow. I hope Senate Democrats will Under current law, businesses and what you don’t want to see happen is a find their way to give us a vote on ex- farms are exempted from the death tax family farm that can be passed on to tending the tax rates for all Americans on the first $5 million of the value of the next generation have to be liq- so that small businesses aren’t an estate. Values above this amount uidated to pay the IRS because of a pu- whacked with a big tax increase next are taxed at a top rate of 35 percent. nitive death tax. That is precisely what year, so that our economy doesn’t get

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.053 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5293 plunged perhaps into a recession, and gets a tax cut. So there should be no $250,000 should be getting an even we don’t see that unemployment rate question about that. greater tax cut. tick even higher. As I said, my colleagues on the other With a greater contribution from Those are the results, those are the side of the aisle are threatening to op- them, we could more easily work to get outcomes, those are the types of things pose a middle-income tax cut, which our Nation’s debt down to manageable that are going to happen, according to actually is a tax cut for everybody. levels. all the independent analysis, with the They say, oh, no, don’t do that. They Some have argued we cannot let the tax proposal that is before us today. say, do that, but then add a greater tax tax rates expire for the wealthiest Remember, there is always this idea cut for those top 2 percent of the Americans—the top 2 percent—because that somehow, if we raise more taxes, wealthiest of Americans. they are ‘‘small business owners.’’ Let we will be able to pay down more of the But let’s go back and ask ourselves me address that and marshal the facts, debt. Well, I have to say, it has been why are we here, in part? These tax re- as Abraham Lincoln would ask us to my experience that when there is ductions were instituted in 2001, at a do. money around Washington, DC, it gets time when our country had record sur- Being wealthy is not the same as sucked up and it gets spent. I think a pluses. I think the total tax cut in 2001 being a small business owner. One can lot of Americans would welcome the was projected to be about—I may be off be very wealthy in America but not be idea of seeing their taxes going to pay a little here—$1.5 or $1.6 trillion over 10 a small business owner. Some might down the debt, but what we will see is years, at a time when our Nation had a have us believe there are 1 million a massive tax increase on Americans projected surplus of about $3 trillion or small business owners earning over used to grow government here in Wash- up to $5 trillion. I have forgotten ex- $200,000 a year. How do they get that ington, DC. That is not what the Amer- actly, but it was way above the 2001 tax number? They get that number from an ican people want, and that is not what cut. That is why, in large part, the 2001 estimate prepared by the Joint Com- we in the Senate should be for. Congress decided, well, we have these mittee on Taxation, a bipartisan group Mr. President, I yield the floor. big projected surpluses, so let’s give that gives us accurate data—both Re- The PRESIDING OFFICER. The Sen- some of it back to the people. I voted publicans and Democrats, Senators and ator from Montana. for it. House Members. Mr. BAUCUS. Mr. President, Abra- That is why I voted for it. It made The Joint Committee predicts that in ham Lincoln is quoted as saying: sense to me—with the great projected 2013 there will be about 940,000 tax- I am a firm believer in the people. If given surpluses—to take a little less than payers with some business income in the truth, they can be depended upon to half of that and give it back to people the upper two tax rates. But that Joint meet any national crisis. The great point is in terms of tax cuts. Committee estimate isn’t the number to bring them the real facts. But times have changed. In the wake of small businesses. That is a different There have been a number of inac- of two wars that have cost over $1 tril- number. Instead, it is the number of all curate claims over the past several lion, unpaid for—Iraq and Afghani- individuals in the top two rates who re- weeks accusing Democrats of proposing stan—and also the 2008 financial col- ceive any amount of income, from a tax hikes. Nothing could be further lapse that very much hurt our econ- passthrough business or from rental from the truth. So let me set the omy, times have changed since 2001. As real estate, royalties, estates or trusts. record straight, as Lincoln said, and a consequence, our Nation now is faced That number of 940,000 taxpayers does bring them the real facts. with record debt, and we cannot con- not tell us whether the taxpayer spent Democrats are proposing to extend a tinue to spend money we don’t have. any amount of time actually working tax cut for 100 percent of taxpayers. We have to put our Nation back on in the business or if that taxpayer is Under the Democratic proposal, all solid fiscal ground. So a lot has hap- merely an investor sitting on the side- taxpayers get a tax cut. Those lower pened since 2001. lines. In addition, that number does income, those middle income, and In addition, something else has hap- not tell us whether the income is from those upper income all get a tax cut. pened, regrettably. Today, the average a large business or from a small busi- Everyone does. Millionaires get a tax household income indexed for inflation ness. It can be a large business pass- cut under the Democratic proposal, bil- is lower than it was when the tax cuts through. So that number of 940,000 lionaires get a tax cut under the Demo- for the wealthy were put into effect. doesn’t tell us is it large or is it small. cratic proposal, and all taxpayers who This means more people are making It does not tell us if the business actu- pay ordinary income tax are going to less money now than they were when ally even employs anybody. We don’t get a tax cut. these cuts were signed into law. Today, know that. There are a lot of taxpayers Why is that? It is very simple. Be- American families have less money to at that bracket who don’t employ any- cause even if your income is above spend on their mortgages, gasoline, and body. They are not small $200,000 for an individual or $250,000 for groceries, for example. Actually, in- businesspeople. a family, you are still getting a tax cut cluding benefits, Americans are not as So that 1 million number being for your first $200,000 of income or the well off as they were 10, 15 years ago. thrown around includes taxpayers who, first $250,000 of income. So you are get- These cuts were enacted in 2001 for for example, invest in publicly traded ting a tax cut. Everybody is getting a all Americans. Those top two rates for partnerships which can be purchased tax cut. I want to make that clear: All the wealthiest 2 percent of Americans on the New York Stock Exchange simi- Americans get a tax cut under the has cost future generations nearly $1 lar to any other stock. They are not Democratic proposal. trillion. I think it is bad economics to small businesses as ordinary Ameri- Even though the most wealthy are continue these highest income tax cuts cans think them to be. The 1 million also getting a tax cut under the Demo- without evidence they actually solve number also includes celebrities and cratic proposal, those on the other side America’s economic woes. They don’t. sport stars who receive income from of the aisle want to give an even great- It is especially bad economics when our speaking engagements. They are not er tax cut to those earning above Nation’s debt has increased by $10 tril- small businesspeople, but yet they are $200,000 as individuals or $250,000 as a lion since they were first enacted. lumped into that same number. Ameri- couple. So let me repeat: Everyone gets Hard choices need to be made as we cans wouldn’t regard sports celebrities a tax cut under the Reid bill. The other work to get our debt back to sustain- as a small businessperson. That is not side of the aisle says: Okay, maybe able levels. We are all going to be right. that is so, but they want to give an asked to contribute. We need to make That 1 million number also includes even greater tax cut to those earning sure the most fortunate pay their fair best-selling authors receiving royalties over $250,000. That is the fact. share to deficit reduction as well. for book sales. That 1 million number An awful lot of people think the Again, they are already getting a tax includes partners in law firms and Democratic bill does not cut taxes for break under the Democratic proposal. hedge funds who receive their income those above $200,000 and $250,000. It Everyone gets a tax cut under the as a share of a partnership distribu- does. It does. The facts are clear. The Democratic proposal, but it is wrong to tion. They are not a small business. numbers don’t lie. It does. Everyone go further and say those making above The 1 million number also includes

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I wouldn’t think they are small our debt and try to cut spending, there American workers compete. businesspeople, Americans don’t think is no question about that. There is also Congress still could tackle tax re- they are small businesspeople, but they no question that there has to be some form this year but, unfortunately, this would be included in the definition the combined income tax increase along is not likely. That is why, in my other side bandies about. with the spending cuts to be able to re- amendment, I propose extending the In reality, only a very small fraction duce our budget deficit. current individual tax rates for all of the top earners actually own or con- The answer is clear: We should vote Americans through 2013, to give us the trol or manage a business that is small for Leader REID’s bill and continue time we need to consider and adopt and has hired anyone. I have forgotten down the path toward responsible def- comprehensive reform that results in a the exact number, but it is a small icit reduction. I wish to make the point simpler, fairer, pro-growth Tax Code. number. It isn’t sound fiscal policy to again, if it wasn’t clear. The Reid bill The surtax on the very wealthy, com- extend tax cuts for the wealthiest 2 reduces tax rates for all Americans, bined with protection for small busi- percent of Americans just because a middle income and upper income, be- nesses, will help us begin to deal with small portion of them have income cause we have a marginal rate system. the deficit without harming the job from a business and a tiny portion of The most wealthy have to pay in the creation engine of our economy—small them manage a small business. But 10-percent bracket, then they pay in business. that is what some would have us be- the 15-percent bracket, then they pay The PRESIDING OFFICER. The Sen- lieve. I don’t have the number with me, in the 25-percent bracket, then they ator from Georgia. but it is very small. There aren’t very pay in the 28-percent bracket, all the HONORING GHANA’S PRESIDENT JOHN ATTA many at all. way up to the top bracket today which Mr. ISAKSON. Mr. President, I rise Finally, the argument that higher is 35 percent. They pay in all brackets. for a moment to express my sympathy taxes on the wealthiest hinders job cre- So what we are saying is we are going and condolences to the people of Ghana ation is tenuous at best. Why do I say to reduce your taxes; we are going to and to the family of its President, John that? I say that because even the non- make sure you stay at those low rates Adam Mills. partisan Congressional Budget Office for the next year so you, therefore, are President Mills died in a military found that extending the high income going to pay less in income taxes, even hospital today in Accra, Ghana, of tax cuts for those in the top two rates if one is a billionaire. throat cancer. Four hours after his was the least effective way of creating Let’s go with the Reid bill. It is fair. death, the Vice President was sworn in jobs among a list of alternatives com- It is the right course. I hope the Senate as the new President of Ghana, a testi- mented on by the Congressional Budget adopts it and we get enough votes—60 mony to the democratization of that Office. As I recall, the top of the list votes—to get this passed. country and its leadership on the con- were items such as payroll tax. If we I yield the floor. tinent of Africa. cut the payroll tax, that is a big job Ms. COLLINS. Mr. President, today I Ghana has been one of the shining creator. If we extend unemployment in- have filed an amendment to extend for beacons of light in Africa for its transi- surance benefits, that is a big job cre- 1 year the individual income tax provi- tion to business, trade, prosperity, and ator. Down at the bottom of the list of sions of the 2001 and 2003 tax relief acts economic development. John Adam job creation on a dollar-for-dollar basis for all Americans, but with a surtax of Mills deserves the credit for taking is extending the 2 percent top rates. two percent on those earning $1 million Ghana to the height it has gone to That creates very few jobs, according or more, coupled with a ‘‘carve-out’’ to today. to the Congressional Budget Office. protect our nation’s small businesses. Senator COONS from Delaware and I Actually, it hurts job creation, ac- The Congressional Budget Office has traveled to Ghana last year to meet cording to the Congressional Budget warned us that the ‘‘fiscal cliff’’ cre- with President Mills. We saw firsthand Office. Why? It found that extending ated by the expiration of current tax how he has developed a large-scale oil- the high income tax cuts actually re- rates on December 31, coupled with ill- producing country in Ghana, making duces the gross domestic product and advised and deep cuts in defense spend- that wealth come back to be reinvested the number of jobs over 10 years. Why? ing that would result from ‘‘sequestra- in the people of that country. We vis- Because doing so increases the deficit. tion,’’ would likely result in a reces- ited the Millennium Challenge Com- The CBO said that actually extending sion in the first half of next year. It pact that Ghana made with the United the top two rates is a job reducer, not makes no sense and should be unac- States of America to help her pine- a job creator—a job reducer—because it ceptable to all of us to allow our coun- apple plantation producers be able to would add to the deficit and, in doing try to go over this ‘‘fiscal cliff.’’ extend the life of their pineapple and so, all things being equal, would lose I have long urged that we begin the export them into Europe for increased jobs. debate on comprehensive tax reform trade and agriculture in Ghana. We vis- So despite efforts to hide behind aimed at creating a simpler, fairer, ited hospitals, where money from the small businesses, the fundamental pro-growth tax code. I also believe that oil and petroleum the country has dis- question is, What is fair? What is best multimillionaires and billionaires can covered is now being reinvested in that for our country? Should we drive up afford to pay more to help us deal with country and in her people. deficits further, reducing growth as a our unsustainable deficit. Today, with his tragic death, we also result by extending the tax cuts for the My amendment would, therefore, im- saw the light of democracy as the gov- top 2 percent? Don’t forget, we are al- pose a 2 percent surtax on millionaires, ernment made its transition, the Vice ready reducing their taxes under the with a carve-out to protect small busi- President ascended to the Presidency, Reid bill. Should we tame our deficits ness owners who pay taxes through the and elections will be held later in the by ending Medicare as we know it and individual income tax system. Our Na- year for the next President of Ghana. cutting important social programs to tion’s small businesses must not be But it is important to pause as a the bone? The more those top two rates lumped-in with millionaires and bil- tribute to President Bush and are extended, the more we have to cut lionaires. The ‘‘carve-out’’ I am pro- Condoleezza Rice, to President Obama someplace else. It is just mathematics. posing would shield small businesses and Hillary Clinton, our Secretary of It is a choice we have to make in our owners from tax increases intended to State, who have worked tirelessly dur- country. There is no free lunch. We fall on the very wealthy. ing the past decade and a half to work know that. We can’t have our cake and These small business owner-operators with the countries of Africa to develop. eat it. Life is choices. Our fiscal situa- are on the front lines of our economy, Americans have invested in PEPFAR, tion needs choices. We have to decide and of the communities in which they and we have reduced the growth of

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I have said oftentimes as the ranking before the flight, ‘‘Will you wear make- I yield the floor. member of the African Subcommittee up in space? Do you cry on the job?’’ It The PRESIDING OFFICER (Mr. BEN- that Africa is the continent of the 21st was a bright beacon of hope to millions NET). The Senator from New Hamp- century for our country, and I think it of young girls across the country, and shire. is. I think the investment our tax- indeed the world, who would come to VIOLENCE AGAINST WOMEN ACT payers have made and the investment recognize Sally Ride as the embodi- Mrs. SHAHEEN. Mr. President, I rise our last President and our current ment of their most fervent hopes and today to join my colleagues who have President and both Secretaries of State dreams. been to the Senate floor earlier this have made are paying great dividends. I was very proud to be able to partici- afternoon to emphasize the importance But it is important for us to pay trib- pate in a tribute at the Air and Space of getting the House to act to pass the ute to those bold, brave African leaders Museum as cochair of the Congres- Violence Against Women Act. We have who ran for office to promote democ- sional Caucus on Women’s Issues a passed a bipartisan reauthorization in racy, who served and reinvested the month later to pay tribute to Dr. Sally the Senate and now it is time for the profits they made in their country’s Ride and the entire Challenger crew, House to do the same. wealth and their people and shine as where I expressed to them that ‘‘their There are provisions in the Senate beacons of light for hope on what has achievement is America’s achieve- version of the bill that offer critical been known in the past as the Dark ment.’’ protections for survivors, Native Amer- Continent. In fact, in a testament to the depth icans, immigrants, the LGBT commu- In this sad moment for the people of of her remarkable character, Sally nity, and for students, young women on Africa, and particularly the people of Ride lamented the unprecedented na- college campuses. It is that importance Ghana, it is time for us also to rejoice ture of her trip when she said: of protecting those victims on college on what democracy has made in that It’s too bad this is such a big deal. It’s too campuses that I want to specifically country, and what John Adam Mills bad our society isn’t further along. It’s time address this afternoon. did to produce that democracy and to people in this country realized that women According to the Department of Jus- make it work. can do any job they want to. tice, 25 percent of college women—that I yield the floor. She recognized rightly that while her is 1 in 4—will be victims of rape or at- The PRESIDING OFFICER. The Sen- excursion was extraordinary, it should tempted rape before they graduate ator from Maine. not have been. Today, we nonetheless within their 4-year college period. The Ms. SNOWE. Mr. President, I ask recognize that through her words she Rape, Abuse, and Incest National Net- unanimous consent to speak as if in gave voice to countless women, and work reports that college-aged women morning business. through her actions she gave the vision are four times more likely than any The PRESIDING OFFICER. Without and courage to seize their dreams. That other age group to face sexual assault. objection, it is so ordered. is the message Sally Ride engendered In addition, experts believe that rape HONORING THE LIFE AND LEGACY OF DR. SALLY as an astronaut, as a professor, and as and sexual assault are among the most RIDE the founder of Sally Ride Science, her underreported crimes, so that one in Ms. SNOWE. Mr. President, I rise to namesake company which strives tire- four could be even greater. pay tribute to the life and legacy of Dr. lessly to inspire and inform students In the Senate-passed legislation, the Sally Ride, the first American woman by providing them with innovative Leahy-Crapo bill, there are provisions to enter space and who passed away, science programs and resources. to address the challenges that young sadly, this week. I had the opportunity to see Sally women face on college campuses. The A truly extraordinary woman and an Ride last year. She was recounting legislation we passed here in the Sen- American icon and hero, Sally was a with enthusiasm the work she was ate requires schools that receive trailblazer who, with a steadfast for- doing in working with so many young VAWA funds to do the following: State titude and an insatiable spirit of explo- people across this country and sharing the policies and procedures that are in ration, accomplished what no other fe- her commitment and her passion for place to protect victims and provide male in American history had before. education and for space. I was also prevention education for all incoming When she rocketed into the heavens privileged to have Sally as a neighbor students. Many young girls arrive on a aboard the Space Shuttle Challenger of mine during her time working in college campus to live on their own for on June 18, 1983, she also soared into Washington, DC. the very first time. They are struggling the hearts of millions of Americans, in- Indeed, she was a pioneer and a true to orient themselves in a new environ- cluding myself. Indeed, we recognized American icon whose inspirational ment, and this makes them vulnerable. in her landmark achievement the real- journey into space will long serve as an They need to be given clear guidance ization of the quintessential American example that we can accomplish any- about what to do in case they become dream—that anyone, regardless of thing we put our minds to. Perhaps victims. their gender, can succeed to even the even more importantly, she bequeaths The legislation also requires institu- greatest of heights, even if it is the to future generations a legacy that tions to implement a coordinated re- stars. transcends her time unbounded by sponse both internal and external to I was fortunate enough to have been earthly ties. She leaves to us the om- the campus. This means that survivors present at Cape Canaveral—along with nipotent notion that we can and will do are helped if they want to hold their my good friend and colleague then- what is hard and that we will achieve attackers accountable, whether Congresswoman BARBARA MIKULSKI— what is great, regardless of who we are, through a process that the university on that historic June morning when and it will indisputably resonate for has set up or by bringing criminal Sally took to the skies. I can vividly generations to come. charges and working with the police. recall the palpable optimism and Leonardo da Vinci once observed: This provision tells young women they unabated excitement that saturated When once you have tasted flight, you will are not alone; they are supported and the air. At that point, I had been a forever walk the Earth with your eyes their school will help them. member of the House of Representa- turned skyward, for there you have been, and The third part of the provision that tives for 4 years and was 1 of only 23 there you will always long to return. is very important in the Senate-passed women in Congress. You can imagine Well, today we fondly remember a bill is that it would require schools to the tremendous amount of pride we all woman who had her eyes turned sky- provide training on domestic violence, felt in witnessing such a watershed mo- ward not only for herself but for the dating violence, sexual assault, and ment. women of future generations who stalking for campus law enforcement

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.057 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5296 CONGRESSIONAL RECORD — SENATE July 24, 2012 and to members of the campus judicial The PRESIDING OFFICER. The Tucson, AZ. These incidents may occur boards. clerk will call the roll. in one city or in one State, but they Last week in New Hampshire my of- The assistant legislative clerk pro- are national tragedies that tear at us fice spoke with Forrest Seymour, the ceeded to call the roll. all and then cause us all to tear up and sexual assault prevention coordinator Mr. UDALL of Colorado. Mr. Presi- cry together. at Keene State College, which is a dent, I ask unanimous consent that the Like all Americans, my heart goes small college with about 6,000 students order for the quorum call be rescinded. out to the victims and their families. I in the western part of New Hampshire. The PRESIDING OFFICER. Without also remain hopeful—the Presiding Of- Forrest said that all of these provisions objection, it is so ordered. ficer and I went to one of the hos- in the Senate-passed bill are very im- AURORA, COLORADO SHOOTINGS pitals—that the survivors are going to portant and necessary because univer- Mr. UDALL of Colorado. Mr. Presi- defy the odds on their road to recovery. sities need more guidance about how to dent, as does the Presiding Officer, I We have been truly inspired by their best serve students who are victims of come to the floor this evening with a stories. rape, dating violence, and stalking. heavy heart. I know that as Senators I wish to take a moment and applaud This is especially important at small and leaders we are expected to have the leadership shown by Colorado’s universities such as Keene where they words for every occasion, but what public servants, from Governor John have limited resources. happened last Friday morning makes it Hickenlooper, Aurora Mayor Steve Training for campus law enforcement very difficult to bring forth words that Hogan, and especially Chief of Police is critical because they are the first re- are appropriate. However, as I think of Dan Oates and the Aurora Police De- sponders. School administrators who the Coloradans who were there whom partment. There are also other metro serve on campus judicial boards also we are so lucky to represent, their ac- area law enforcement professionals need special training because word tions spoke louder than words. Their who came to the scene almost imme- spreads very fast on college campuses actions spoke very loudly on Friday diately, including first responders, and about whether survivors should feel morning in the city of Aurora. medical professionals on site and at the comfortable going forward. These proc- I wish to focus on the actions of number of hospitals where the victims esses need to be handled with appro- those brave, decent Coloradans who were taken. priate sensitivity, and the training were victims in a variety of ways at I think what is most notable is that that is required by the Senate Violence the horrific movie theater shooting they worked seamlessly to carry out Against Women Act will help make that took place there in Aurora. It cut the city’s disaster plan and protect the sure these young women feel safe. short the lives of 12 people. It injured victims from further harm. The police The Senate-passed version of the bill approximately 58 others. I rise to pay and firefighters arrived a mere 90 sec- will help young women like Harmony, tribute to all of those people as well as onds after the first 9–1-1 call was who began her first year in college at to their families and their loved ones. I placed. There is no question that lives Plymouth State University in New think I know the Presiding Officer, my were saved by the swift and coordi- Hampshire in 2006. She was excited to colleague and my fellow Senator from nated action of Aurora’s first respond- be there. She made new friends, and Colorado, knows that, most impor- ers. she quickly became comfortable in her tantly, we are here to state emphati- I have to say that this incident shows new surroundings. cally that Aurora will triumph over ad- what similar tragedies have before: Unfortunately, one night someone versity in our State of Colorado to that America shines brightest when she thought was a friend took advan- emerge stronger than ever. the night is darkest, and that was lit- tage of that trust and sexually as- From the time I awoke to the news of erally the situation at midnight on saulted Harmony. Harmony was the movie theater shootings in Aurora Friday morning in Aurora. ashamed and confused. She felt vio- early Friday morning, July 20, I, along We had the uplifting experience of lated. She began to question all of her with the rest of Colorado and our coun- hearing the stories of bravery coming new relationships. She was scared all of try, have experienced emotions ranging out of Aurora. We marveled at those the time, and she was sure everyone from deep, profound sadness to, frank- stories on Sunday. We start with the could tell she was a victim, so Har- ly, utter outrage. Our State was just fact that at least four young men dem- mony didn’t tell anyone. She didn’t starting to recover from the dev- onstrated the heights of heroism when know where to turn. She was scared astating wildfires that destroyed hun- they sacrificed their lives to protect that she would not be believed, and she dreds of homes, forced tens of thou- their girlfriends from the hail of this even considered dropping out of school. sands to evacuate their communities, gunman’s bullets. One young woman Fortunately, Harmony did finally and scorched thousands of acres in our had the courage to remain by the side reach out and found support. She grad- beautiful State of Colorado. With that of her wounded friend, calmly applying uated from Plymouth and now she in mind, none of us could have been pressure to her friend’s bleeding neck works as a case manager for survivors prepared for the news of these mass wound while dialing 9–1-1 with her of domestic violence in an emergency shootings in one of our communities. other hand as the gunfire continued shelter helping other survivors through I know the Presiding Officer has around her. Let me put it this way: the most difficult periods in their lives. three beautiful daughters. I have two Lives were saved Friday morning by Harmony shares her story all over the children. I know that having loved ones those who did not let fear override country, encouraging victims to come stolen from us in such a tragic and vio- their capacity to care for one another. forward, promising them they will be lent fashion is something for which one These experiences have underlined believed, they will be supported. can never be prepared. But it is during for me and our entire Nation that what If Harmony has the bravery and the these times we are also reminded to makes us great and will help us endure courage to make these promises to sur- cherish those all-too-brief moments we this tragedy is our people. I saw that vivors, so should we. We owe it to the have with the people we love. Sunday night, as did the Presiding Offi- young and vulnerable women on col- Although this heinous crime may cer, while participating in a moving lege campuses across this country to have shaken us, it did not break us, vigil in Aurora where our community pass the Violence Against Women Act and it will not break us. We will mourn not only mourned together but also now. It is time for the House to act. those we have lost and those who were held together during this most difficult The session is running out. We need to injured, and with them in mind we will time. Although the West is known for see this legislation reauthorized. We heal and we will become stronger. its rugged individuals, Colorado is also need to see the Senate version reau- Sadly, this kind of tragedy is not new known for its rugged cooperators—peo- thorized so we can guarantee to young to Colorado. It was 13 short years ago ple who help their neighbors in times women such as Harmony across this that we learned of another mass shoot- of adversity. We saw that after the re- country that they will get the support ing at Columbine High School on the cent wildfires, and we see it again now. they need. western side of Denver. As a nation, we President Obama’s visit with victims I yield the floor and note the absence are reminded of more recent shootings and families on July 22—just Sunday— of a quorum. at Virginia Tech; Fort Hood, TX; and 2 days ago in Aurora, provided comfort

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.058 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5297 and support to those in need and again In Roman mythology, Aurora is the This is Alexander Jonathan ‘‘A.J.’’ reminded us that the sanctity and goddess of the dawn who renews herself Boik, age 18. A.J. recently graduated strength of family and community is each morning. At dawn on Friday, the from Gateway High School. He enjoyed what unites us in the face of adversity. chaos and the pain and the tragedy of baseball, music, and making pottery. Coloradans have seen that in the wake the night before still lingered over that A.J. was to start art classes at the of this tragedy, our Nation has come wonderful city of Aurora, but by dawn Rocky Mountain College of Art and De- together for Aurora and our State, and on the second day, signs of heroism, of sign in the fall. He was described ‘‘as to my colleagues and anyone listening recovery, of community began to shine being the life of the party. AJ could today, let me say humbly that we are through the darkness of the great Colo- bring a smile to anybody’s face.’’ He grateful. rado city called Aurora. was a young man with a warm and lov- I wish to take a moment to say the As each dawn signals a new day, we ing heart. names of the 12 people who were taken owe it to the victims to rise to the oc- This is Jesse Childress, age 29. Jesse from us too soon. I know that later my casion and renew our commitment to was an Air Force cyber systems oper- colleague will share even more of their make this a better, stronger, and more ator based at Buckley Air Force Base. stories with us and with the Nation. perfect Nation. He loved to play flag football, softball, Their families and friends have my Thank you, Mr. President. I yield the and bowl. He was a devoted fan of the commitment that we will, to honor floor, and I note the absence of a Denver Broncos, for which he secured these good people, these Coloradans, quorum. season tickets. He was described by his never forget them as the healing proc- The PRESIDING OFFICER. The superior officer as an invaluable part of ess goes on. clerk will call the roll. the 310th family who touched everyone The 12 Coloradans, the Americans The legislative clerk proceeded to with whom he worked. whom we lost Friday morning are Jon- call the roll. This is Gordon Cowden, age 51. Gor- athan T. Blunk, Alexander J. Boik, Mr. BENNET. Mr. President, I ask don was originally from Texas and Jesse Childress, Gordon Cowden, Jes- unanimous consent that the order for lived in Aurora with his family. He was sica Ghawi, Micayla Medek, Matthew the quorum call be rescinded. ‘‘a quick witted world traveler with a McQuinn, John Larimer, Alex M. Sul- The PRESIDING OFFICER (Mr. keen sense of humor, he will be remem- livan, Alexander Teves, Rebecca UDALL of Colorado). Without objection, bered for his devotion to his children Wingo, and I think the hardest name it is so ordered. and for always trying to do the right for all of us to say is that of 6-year-old Mr. BENNET. Mr. President, I would thing, no matter the obstacle.’’ Gordon Veronica Moser-Sullivan. I smile in my like to first thank my friend—and I do took his two teenage children to the sadness because I think the Presiding not mean that in the political sense, I theater the night of the shooting, both Officer has seen the photo of her with mean it in the real sense—the senior of whom, thankfully, made it out an ice cream cone in hand, delight on Senator from Colorado, the Presiding unharmed. her face, ice cream on her nose. I guess Officer from Colorado, for his incred- This is Jessica Ghawi, age 24. Jessica maybe what we could do is take the ibly thoughtful remarks about the was an aspiring journalist, most re- time to enjoy an ice cream cone, tragedy last week in Colorado. I cannot cently interning with Mile High Sports maybe leave that ice cream on our nose think of any more fitting place to be Radio in Denver, and went by the nick- for a little bit, and remember her. than here with the Senator tonight to name ‘‘Redfield.’’ She was hard work- In honor of these victims, I have sub- have this conversation. So I thank the ing and ambitious, with a generous mitted a resolution—S. Con. Res. 53— Senator very much for his words. spirit and kind heart. When numerous along with my colleague, the Presiding In just a few dark moments last homes were recently destroyed by Col- Officer, Senator BENNET. Congressman week, in Aurora, CO, 12 innocent lives orado wildfires, Jessica decided to start PERLMUTTER has filed an identical res- were taken from us—12 people, full of collecting hockey equipment to donate olution in the House of Representa- life and aspirations, loved by family to the kids affected because she wanted tives. The resolution, among many and friends, and now 12 people remem- to help. things, strongly condemns the atroc- bered by an entire nation. This is John Thomas Larimer, age 27. ities which occurred in Aurora; offers As the Presiding Officer said, thou- John was a cryptologic technician with condolences to the families, friends, sands of Coloradans attended a vigil the Navy based also at Buckley Air and loved ones of those who were killed hosted by the city of Aurora on Sunday Force Base—a job that requires ‘‘excep- in the attack and expresses hope for evening. We shared tears and prayers. tionally good character and skills.’’ the rapid and complete recovery of the We also resolved to support one an- Originally from Chicago, he was the wounded; applauds the hard work and other, to heal, and to always remember youngest of five siblings and had joined dedication exhibited by the hundreds of those who lost their lives on July 20, the service just over a year ago. Like local, State, and Federal officials and 2012. It is for that purpose that the Pre- his father and grandfather, John chose others who offered their support and siding Officer and I come to the floor to serve in the U.S. Navy. John’s supe- assistance; and last but certainly not this evening. rior officer called him ‘‘an outstanding least, honors the resilience of the com- The first is Jonathan Blunk, age 26. shipmate, a valued member of the Navy munity of the city of Aurora and the Jon was a father of two who moved to and an extremely dedicated sailor.’’ State of Colorado in the face of such Colorado in 2009, after three tours in Colleagues were drawn to his calming adversity. I ask all of my colleagues in the Persian Gulf and North Arabian demeanor and exceptional work ethic. the Senate to support Aurora and sup- Sea for the U.S. Navy. He was a cer- He was also known as an extremely port this resolution. tified firefighter and EMT. Jon lost his competent professional. As we pay tribute to our fallen fellow life protecting his friend Jansen Young This is Matthew McQuinn, age 27. Americans and the heroes around from the gunman’s line of fire. Jon Matt died while protecting his them, here is what I hope will come out shielded her from gunfire by pushing girlfriend Samantha Yowler by jump- of what can only be described as a her to the ground while shots were ing in front of her during the shooting. senseless tragedy: We must harness the fired. He was supposed to fly on Satur- Matt and Samantha moved to Colorado sense of community we feel this week day to Nevada to see his wife Chantel from Ohio last fall and worked at Tar- and use it to create a lasting sense of Blunk and his 4-year-old daughter and get. He and Samantha were very much collaboration in America and use it to 2-year-old son. Instead, his wife had to in love and planning their life together. solve our shared challenges in a meas- put up the dress her daughter had Because of Matt’s bravery, Samantha ured, respectful, and thoughtful way. picked out to wear to the airport. She was only wounded in the knee and is We can truly learn from those who self- told her daughter that they would not expected to make a full recovery. lessly gave of themselves during the see their dad anymore but that he This is Micayla ‘‘Cayla’’ Medek, age chaos of the Aurora shootings and draw would still love them and look over 23. Cayla was a graduate of William C. from it the strength to be better peo- them. His daughter Hailey is comforted Hinkley High School in Aurora and a ple, better family members, and, yes, by calling her father’s cell phone and resident of Westminster. She worked at even better legislators. hearing him on voice mail. Subway and was a huge Green Bay

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Veronica had just learned to swim everyday citizens, our first responders, Strong marines are not possible with- and attended Holly Ridge Elementary and medical personnel who saved lives out the support of family. Hunter’s School in Denver, CO. She was a good that otherwise surely would have been family chose a quote by Senator Paul student who loved to play dress-up and lost. We will remember the continuing H. Douglas to describe their young ma- read. Veronica’s mother Ashley Moser generosity of those Coloradans and rine’s passion for the Corps. remains in critical condition at Aurora Americans who are donating blood in Those of us who have had the privilege of Medical Center. She was shot in the record numbers and raising funds to serving in the Marine Corps value our experi- neck and abdomen. We pray for Ash- support the families in this trying ence as among the most precious of our lives. ley’s recovery and strength in working time. And in time, because we are all The fellowship of shared hardships and dan- through the passing of her daughter gers in worthy cause creates a close bond of Aurora, we will draw strength from the comradeship. It is the basic reason for the Veronica. example set by one great American cohesiveness of Marines and for the pride we This is Alex Sullivan, age 27. Alex city and the faith of her people in one have in our Corps and our loyalty to each was at the movie celebrating his 27th another. other. birthday and first wedding anniver- Thank you, Mr. President. We hold our heads high when we sary. He loved comic books, the New I yield the floor. speak of the strong tradition of mili- York Mets, and movies. Alex was such I suggest the absence of a quorum. tary service in our great State of Ne- a big movie fan that he took jobs at The PRESIDING OFFICER. The braska. We are honored to call him one theaters just to see the movies. Alex clerk will call the roll. of our own, and I know Nebraskans stood 6 feet 4 inches and weighed about The legislative clerk proceeded to across the State will provide his family 280 pounds. He played football and call the roll. with care and love during this very dif- wrestled before graduating high school Mr. BENNET. Mr. President, I ask ficult time. in 2003 and later went to culinary unanimous consent that the order for May God bless the Hogan family and school. Alex was known as a gentle the quorum call be rescinded. all of our service men and women both giant and loved by many. The PRESIDING OFFICER. Without home and abroad. LCpl Hunter Hogan, This is Alexander C. Teves, age 24. objection, it is so ordered. forever a marine, forever a cowboy, Alex received an M.A. in counseling Semper Fidelis. psychology from the University of Den- f f ver in June and was planning on be- MORNING BUSINESS REMEMBERING OFFICER CHEST- coming a psychiatrist. He also com- Mr. BENNET. Mr. President, I ask NUT AND DETECTIVE GIBSON peted in the Tough Mudder, an intense unanimous consent the Senate proceed endurance challenge, and helped stu- to a period of morning business, with Ms. MIKULSKI. Mr. President, the dents with special needs. Alex was at Senators permitted to speak therein nation is mourning the senseless loss of the theater on the night of the shoot- for up to 10 minutes each. 12 people in Aurora CO, and the wound- ing with his girlfriend Amanda The PRESIDING OFFICER. Without ing of 58 people. Lindgren. When the gunman opened objection, it is so ordered. Today, we mark the sad anniversary fire, Alex immediately lunged to block of another tragedy that took place in Amanda from the gunfire, held her f the Capitol on July 27, 1998. down, and covered her head. HONORING OUR ARMED FORCES We remember Officer Jacob J.J. This is Rebecca Wingo, age 32. Re- Chestnut, from Ft. Washington in my becca, originally from Texas and a resi- TRIBUTE TO LANCE CORPORAL HUNTER HOGAN home State of Maryland and Special dent of Aurora, joined the Air Force Mr. JOHANNS. Mr. President, I rise Agent John Gibson, of Woodbridge, VA, after high school, where she became today to remember a fallen hero, U.S. who gave their lives to protect the U.S. fluent in Mandarin Chinese and served Marine Corps LCpl Hunter H.D. Hogan. Capitol, all the people who work at and as a translator. She was a single moth- Lance Corporal Hogan was killed in ac- visit the Capitol, and to protect this er of two girls and worked as a cus- tion while supporting combat oper- building that is the symbol of freedom tomer relations representative at a mo- ations in Afghanistan on June 23, 2012. and democracy the world over. bile medical imaging company. Re- Lance Corporal Hogan cultivated a Today, we honor the lives and her- becca was also enrolled at the Commu- desire to serve our Nation at an early oism of Officer Chestnut and Detective nity College of Aurora since the fall of age, and he followed in his father’s Gibson. We also commend all the Cap- 2009 and had been working toward an footsteps when he enlisted in the Ma- itol Hill police officers who put their associate of arts degree. She was rine Corps on October 26, 2009. He, like lives on the line to protect democracy. known to family and friends as a so many young marines, could have These two fine men were part of one ‘‘gentle, sweet, beautiful soul.’’ pursued other opportunities outside of of the most unique police forces in the Here is a photo of the gathering we the military, but he instead chose to country. They are excellent Federal had last Sunday night in Aurora. I be- take an oath of service to our great law-enforcement officials who protect lieve, like you, Mr. President, that the country. He was rightfully proud of Members of Congress from crooks, ter- early morning hours of July 20, 2012, this oath and remained faithful to the rorists, or anyone else who would want will not be remembered for the evil mission and to his brothers in arms. to harm us, and they also protect all that happened. The Hogan family laid their marine the people in the building, whether it is Scripture tells us ‘‘not to be over- to rest in York, NE, on July 6, 2012. a foreign dignitary or a Girl Scout come by evil, but overcome evil with Lance Corporal Hogan served with troop from Iowa. good.’’ That is what the people of Au- honor and valor having been awarded Second, they are also ‘‘Officer rora and Colorado have been doing the Purple Heart, Combat Action Rib- Friendly’’—welcoming people and an- since the first moment of this tragedy, bon, Sea Service Deployment Ribbon, swering questions; and many have and that is what we will continue to Afghanistan Campaign Medal, Global taken special language training to help do. War on Terrorism Service Medal, and visitors from around the world. In time, we will not remember the the National Defense Service Medal. Third, many are also trained for morning of July 20 for the evil that Hunter is mourned by his wife other possible emergencies: to provide killed 12 innocent and precious people. Brittney, his father, mother, grand- basic paramedic help in the case of an Instead, we will remember the bright parents, and so many others. I know ill tourist, or to provide basic fire- lives of those we lost and the families his family is proud of him and will al- fighting and help evacuate buildings in they leave behind. We will remember ways remember his spirit and his quick the case of fires.

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.062 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5299 These police are like our own ‘‘Cops that title VIII will spur production of is writing its bills to a lower level, but on the Beat.’’ the weapons we need to fight this we have a process to deal with dis- Finally, so many of the Capitol Hill threat. agreements. It is called a conference. Police Officers are my Maryland con- f The Senate Appropriations Committee stituents, just like J.J. Chestnut. has reported several bipartisan bills Officer Chestnut was always one of FISCAL YEAR 2013 that are ready for floor consideration. the stars: trained as an MP in the mili- APPROPRIATIONS Why not bring them to the floor, allow tary, he was with the Capitol Police for Ms. COLLINS. Mr. President, I am Senators to offer amendments, and let 18 years and was known for having a pleased to join my colleagues in sup- the Senate work its will on this impor- unique touch with tourists and con- port of Senate debate and passage of tant constitutional responsibility? stituents. We were very proud of him, the fiscal year 2013 appropriations bills. As our Nation’s economy struggles to and he was even nominated at one time I want to begin by commending both recover, it is important that we com- for Capitol Police Officer of the Year. Chairman INOUYE and Vice-Chair COCH- plete appropriations bills on time and And I know how proud we were of De- RAN for their leadership on the Appro- through regular order. It is important tective Gibson as well: he was from priations Committee. In what has been for the Senate as an institution that just across the river in Virginia. He largely a bipartisan process, the Senate we proceed. It is also important for the was a true hero—stopping the gunman Appropriations Committee has ap- American people to see that we can from entering the building. proved 9 of the 12 funding bills so far. work together in an open and bipar- Mr. President, I join my colleagues in A lot of hard work on both sides has tisan manner to establish priorities, the Senate in marking this sad anni- gone into putting these bills together. make hard decisions, and complete the versary and in paying respect to the As ranking member of the Appropria- work that the Constitution requires of families of Officer Chestnut and Detec- tions Subcommittee on Transportation us. tive Gibson. They were heroes that sad and Housing and Urban Development, Last November, I joined Chairman day in 1998, and they are heroes for Senator MURRAY and I worked closely MURRAY as well as Chairmen KOHL and today and all eternity. together to craft a truly bipartisan fis- MIKULSKI and Ranking Members BLUNT and HUTCHISON to usher the first group f cal year 2013 appropriations bill. The T- HUD bill strikes a balance between of fiscal year 2012 spending bills to FDA SAFETY AND INNOVATION thoughtful investment and fiscal re- final passage, avoiding a long-term ACT straint. In fact, this bill honors an allo- continuing resolution for fiscal year Mr. BLUMENTHAL. Mr. President, cation that is nearly $14.5 billion below 2012. It is my hope that we will build on today I rise to say a few words about fiscal year 2010 levels, a 22-percent re- last year’s success and bring the fiscal the Food and Drug Administration duction. These deep cuts reflect an year 2013 appropriations bill to the Safety and Innovation Act, legislation even deeper commitment to getting floor to be considered through a simi- Congress passed with strong bipartisan our fiscal house in order. larly open and transparent process. support just before we returned home I am proud of the work that went These bills make investments that to our States for the Fourth of July. into this bill and the strong bipartisan not only create jobs now when they are This bill was a big one. It was a big vote this past April to report it out of needed most but also establish the bill with complex provisions and an es- committee. Like the T-HUD bill, the foundations for future growth. Just as sential purpose: to safeguard the pub- Agriculture; Commerce, Justice, and important to our economic future, lic, to protect patients and encourage Science; Energy and Water; Military however, is reigning in Federal spend- innovation and invention, which are so Construction and Veterans Affairs; ing; we must strike the right balance important to treating and curing dis- State and Foreign Operations; and De- between thoughtful investments and eases in this country as well as other partment of Homeland Security bills fiscal restraint, thereby setting the problems. And this measure was revo- have all been reported with over- stage for future economic growth. Un- lutionary in many ways. It contained whelming bipartisan support. In put- certainty only makes matters worse. complex, new provisions, provisions ting together these bills, the Appro- f that we must make sure are imple- priations Committee functioned the CHRIS BOHJALIAN mented as Congress intended. way committees are supposed to: we Mr. LEAHY. Mr. President, Vermont I was proud to work on many parts of worked together to develop thoughtful boasts many talented artists, creators, this bill with my colleagues, including and responsible bills that could be rec- composers and authors. Not least title VIII of this legislation, to gen- ommended for the full Senate for con- among them is Chris Bohjalian of Lin- erate new antibiotics to treat emerging sideration. coln, an accomplished writer whose re- serious and life threatening superbug As such, I was very disappointed to cent novel, The Sandcastle Girls, is infections. I want to clarify two points hear the majority leader’s recent an- drawing the praise and accolades of for the record on this legislation: I nouncement that not one of the 12 ap- critics and readers alike. Marcelle and want to be clear that pathogens identi- propriations bills would be brought to I were inspired by the story Chris has fied in this title are illustrative, not the Senate floor until after the elec- committed to the printed page; it is a all-inclusive. There are many deadly tion, virtually guaranteeing that we novel that I believe will secure his pathogens that we may not even know end up with a continuing resolution or place among the most accomplished of yet; title VIII is intended to spur in- catch-all omnibus that the full Senate writers of the 21st Century. novation against all superbug infec- has not had an opportunity to properly I read with interest an interview tions as soon as they arise. And, I want vet. I hope he will reconsider in light of with Chris published in Vermont’s Bur- to be clear, language in section 801(b) is our commitment to work with him to lington Free Press on July 15. Like not intended to prohibit or preclude in- develop a workable and fair process for many artists and authors, Chris drew novative drug products that will spur considering these bills. from his own heritage in his case, Ar- the antibiotic pipeline, so long as they Given the immense workload that we menian—to pen a moving story of meet the definition for a qualified in- have before the end of the year—in- compaslion and perseverance amid hor- fectious disease product. cluding enacting appropriations bills ror and tragedy. Perhaps this is why he FDA approval of new antibiotics has and preventing the so-called fiscal cliff, has called The Sandcastle Girls the decreased by 70 percent since the mid- when enormous tax hikes and indis- ‘‘most important book’’ he will ever 1980s, yet reports from the CDC suggest criminate cuts to defense spending are write. that resistant MRSA infection deaths set to kick in—I am disappointed that Chris is a longtime friend, and I have are now at more than 17,000 lives lost we have spent much of July haggling always enjoyed reading his works. The in the United States each year—more over proposals that never really stood Sandcastle Girls is an achievement than AIDS. Resistant infections have a chance of going anywhere. that stands apart and will deeply affect now been elevated to one of the World I understand that the majority leader its readers. Health Organization’s top three threats has said that he doesn’t want to bring I ask unanimous consent to have to human health. It is my sincere hope the bills to the floor because the House printed in the RECORD the article, ‘‘The

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RECORD, as follows: BFP: Did you know when you started writ- BFP: Your father, Aram Bohjalian, died [From the Burlington Free Press, July 15, ing the book how you were going to resolve last summer, about a year before the publi- 2012] it? cation of ‘‘The Sandcastle Girls.’’ Did you ‘‘THE MOST IMPORTANT BOOK I WILL EVER CB: I never know where my books are get a chance to talk to him about the book? WRITE’’—BOHJALIAN TALKS ABOUT ‘THE going when I begin them. I depend upon my What were his feelings about the novel? SANDCASTLE GIRLS’ characters to take me by the hand and lead CB: My father’s eyesight had been dimin- (By Sally Pollak) me through the dark of the story. I didn’t ished by macular degeneration for so long, know this novel was even going to have a Chris Bohjalian is a novelist who lives in he was not able to read even large-print component that was mysterious when I books. That photograph (of Bohjalian’s fa- Lincoln. Bohjalian, 51, writes a Sunday col- began it. All I knew was that I wanted to ex- ther and grandparents) is one of many photo- umn for the Burlington Free Press. ‘‘The amine what my narrator calls the ‘‘Slaugh- graphs that my dad and I pored over the last Sandcastle Girls,’’ his 14th novel, comes out ter You Know Next to Nothing About.’’ Tuesday. In a recent conversation with Free BFP: Can you describe the sense of respon- two years of his life. Because he was so ill, I Press reporter Sally Pollak, Bohjalian said sibility or obligation you might have felt was visiting him a lot. The way I would try ‘‘The Sandcastle Girls’’ is the most impor- writing a novel that would tell people some- to take his mind off the pain he was in was tant novel he will ever write. He said, as thing about this mass killing, now a century to get out family photo albums and ask him well, he thinks it’s the best book he’s ever in the past? to tell me stories, ask him to tell me about written. CB: I know in my heart this is the most the different people in the photographs. A lot ‘‘The Sandcastle Girls’’ is set in Aleppo, important book I’m ever going to write. I’m of it he didn’t know. Syria, during the Armenian genocide, nearly telling a story that is not known but was a century in the past. The story centers My father, as a first generation son of im- precedent-setting for some of the most hor- migrants, in many ways distanced himself as around a young American woman, Elizabeth rific tragedies and crimes of the last cen- much as he could from his Armenian ances- Endicott, who travels to the Middle East to tury. There’s a direct line between the Arme- try. He grew up in a house in Westchester assist Armenian refugees. She befriends (and nian genocide, the Holocaust, the killing County in which everyone spoke Armenian aids) a group of interesting people, and falls fields of Cambodia, Bosnia, Rwanda. It’s a in love with an Armenian engineer who has long list. or Turkish. When he started kindergarten, suffered devastating losses. In 1915, there were roughly two million Ar- he spoke not a single word of English. He The book is narrated by a contemporary menians living in the Ottoman empire. By didn’t even know how to ask where the bath- American novelist of Armenian heritage, the end of the First World War, 1.5 million room was. In terms of distancing himself Laura Petrosian. Bohjalian says Petrosian is would be dead, three out of every four of from his Armenain ancestry, he became as a female version of himself. them. In 1915, I had four Armenian great- American as possible. BFP: What compelled you to write this grandparents. By the end of that year, at book? He was not as handsome as Don Draper in least one would be dead. Both of my Arme- ‘‘Mad Men’’ but he was a Mad Man. He was CB: This is the second time I’ve tried to nian grandparents are genocide survivors. write about the Armenian genocide. I tried an advertising executive at large New York My family history is a part of that horrific City ad agencies. to write about it when I finished ‘‘Water global narrative. So when I started this Witches,’’ prior to writing ‘‘Midwives.’’ I book, I began with the personal. My nar- I think my father knew more than he wrote an entire novel called ‘‘Sugar Daddy.’’ rator, Laura Petrosian, is a female version of wanted to share with me. He had mixed emo- Terrible book, never published. me. That’s my grandparents’ house in the tions about it. On the one hand, he was al- Not only was it a terrible, terrible book, novel. ways really proud of me; even when his eye- but about this time Carol Edgarian wrote Elizabeth Endicott and Armen Petrosian sight was gone, he loved listening to my ‘‘Rise the Euphrates’’ about the Armenian (central characters in the book) are not my books on audio, even the bad ones. genocide. grandparents. They are completely fictional. But I think he also felt that this story was And I remember thinking to myself, Why BFP: When did your grandparents, Leo and too painful for a novel. I remember once re- does the world need my book when it has Haigoohi Bohjalian, come to this country? ‘‘Rise the Euphrates?’’ CB: There were two points of arrival. I be- minding him when we talked about this that Rather than try to save the novel I went lieve my grandfather, Leo, first arrived here I had written novels about a woman dying in onto my next project, a novel about a mid- in 1920 but he didn’t stay. He went back to childbirth, a couple who had their twin wife who dies in childbirth, and wrote that get my grandmother and they lived in Paris daughters washed away in a flood, the Holo- book instead. until late 1927, or very early 1928. caust, and a domestic abuse murder-suicide. I was about 100 pages into the manuscript BFP: What do you know about your own And I also told him that as an Armenian- about the Sandcastle girls when Mark Armenian ancestors? And how does your American, I felt an incredible desire to write Mustian published his interesting and mar- family’s history figure into this work? this story because it feels so much a part of velous novel about the genocide, ‘‘The Gen- CB: I know almost nothing about my Ar- me. darme.’’ Once again I thought the world menian ancestry; I know even less about my BFP: Can you tell us something about your doesn’t need my novel. (maternal) Swedish ancestry. recent trip to Armenia and Lebanon? But I was so emotionally invested in these I don’t know what demons dogged my characters, I cared so much about the story, mother and father, but they never talked to CB: The principal driving force that led me that I soldiered on and finished it. I’m really me about their childhoods. That’s why per- to Armenia was the death of my father, and glad I did. I love this novel. Elizabeth Endi- haps ‘‘The Sandcastle Girls’’ is a novel and not simply his death but his illness. The cott, Nevart and Hatoun are my three favor- not a memoir. I couldn’t tell you enough more time I spent looking at old family pho- ite female characters, along with Sibyl about my Armenian and Swedish ancestors tographs, the more time I spent seeing im- Danfroth in ‘‘Midwives,’’ that I’ve ever writ- to write a memoir. I have wondered if I am ages of Leo and Haigoohi, the more I felt this ten. going to learn a lot about my (Armenian) an- profound desire to see Mount Ararat. BFP: ‘‘The Sandcastle Girls’’ is a mystery, cestors when this book comes out, which I have never in my life been outside a love story and a narrative of war. How do would be great. you approach writing a novel that weaves to- My aunt believes that Haigoohi’s father Vermont and felt less like a stranger in a gether these themes? (Bohjalian’s great-grandfather) was mur- strange land, than when I was in Yerevan, CB: Those elements are woven together dered by Turkish soldiers because he sup- Armenia. I was so happy there in ways I through the characters. I know when I read plied horses to the army. They killed the Ar- hadn’t expected. a novel, I’m interested in characters I care menian and took the horses. BFP: ‘‘The Sandcastle Girls’’ will be re- about. And so when I began this book I began The history of ‘‘The Sandcastle Girls’’ is leased Tuesday. Are you nervous as publica- with the people, I began with the characters. accurate. I did my research and I did my tion approaches? And I do care so deeply about the characters homework. I believe that Aleppo of 1915 in this book, especially those women. (where the novel is set) is the real thing. CB: I’ve never been as emotionally in- BFP: How did you come up with ‘‘the com- I knew so little about the Armenian geno- vested in how people respond to a book as I pound’’ in your novel, the setting for much cide as a child, and what my grandparents am with this one. Because this is the most of the action and the place where many of must have endured, that I saw no irony in important book I will ever write. And I think your characters live? the fact that my first serious girlfriend when it’s the best book I’ve ever written. And the CB: Partly, I was simply after historical I was 13 and 14 years old was Turkish. I un- reason why it’s the most important book is authenticity: Where would Elizabeth Endi- derstood as a child that my grandparents pure and simple: because it’s about the cott, an American, be living? Then, however, were from Armenia and were magnificently ‘‘Slaughter You Know Next to Nothing I saw the importance of the juxtaposition of exotic, by the standards of both grand- About.’’

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.039 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5301 ADDITIONAL STATEMENTS Elizabeth Joseph, attending the University ceded the establishment of the Depart- of Texas at Austin, interning in the office of ment of Homeland Security by several Sen. THAD COCHRAN; years. STENNIS CENTER PROGRAM FOR Isabella Leavitt, attending Arizona State While his list of titles would be a CONGRESSIONAL INTERNS University, interning in the office of Rep. strong credit to any individual, an RAU´ L GRIJALVA; ∑ Mr. KOHL. Mr. President, for 10 Ju Young Lee, attending Claremont equally impressive aspect of General years, summer interns working in Con- McKenna College, interning in the office of Lowenberg’s career has been his ability gressional offices have benefitted from Rep. BARBARA LEE; to provide this leadership during one of a program run by the John C. Stennis Hunter Ligon, attending the University of the most dynamic periods of Wash- Center for Public Service Leadership. Oklahoma, interning in the office of Rep. ington State’s history. During his ten- This 6-week program is designed to en- JAMES LANKFORD; ure, General Lowenberg has led Wash- Jennifer Lundemo, attending Dickinson ington State in the response to 53 Gov- hance their internship experience by State University, interning in the office of giving them an inside view of how Con- ernor Emergency Proclamations, 10 Sen. KENT CONRAD; Presidential Major Disaster Declara- gress works and a deeper appreciation Ty McNamee, attending the University of for the role that Congress plays in our Wyoming, interning in the office of Sen. tions, and one Presidential Emergency democracy. Each week, the interns MIKE ENZI; Declaration. Beyond the sheer volume meet with senior congressional staff Zach Ostro, attending the University of of emergencies General Lowenberg has and other experts to discuss issues such Maryland Francis King Carey School of Law, addressed during his time as Adjutant as the legislative process, separation of interning in the office of Rep. MARCIA General, he has displayed great flexi- FUDGE; bility and a talent for adapting to the powers, balancing governing and cam- James Pollack, attending Harvard Univer- paigning, political polarization, and needs of any given situation. One of his sity, interning in the office of Rep. JACKIE signature accomplishments was work- more. My office has had the benefit of SPEIER; hosting Stennis interns over years and Stephanie Rice, attending Boston College, ing with me and others toward the es- I know it contributes to a richer expe- interning in the House Committee on Finan- tablishment of the 2010 Olympics Secu- rience for all who participate. cial Services; rity Committee and the construction of Interns are selected for this program Sterling Robinson, Jr., attending Hofstra the 2010 Olympic Coordination Center. based on their college record, commu- Law School, interning in the office of Rep. In the years that led up to the 2010 CHARLES RANGEL; Vancouver Winter Olympics, General nity service experience, and interest in Amir Rowe, attending St. John’s Univer- a career in public service. This year, 28 Lowenberg recognized the need for sity, interning in the office of Rep. CHARLES local, State, Federal, and international outstanding interns, most of them jun- RANGEL; iors and seniors in college who are Ray Salazar, attending Hawaii Pacific Uni- cooperation to ensure an effective and working in Republican and Democratic versity, interning in the office of Rep. COL- smooth response to the games. He man- offices in both the House and Senate, LEEN HANABUSA; aged to operate this committee with- have taken part. Mike Sardano, attending New England Law out the benefit of a National Security I congratulate the interns for their Boston, interning in the Senate Committee Special Event designation, achieving on Rules and Administration; the desired outcome without the ben- involvement in this valuable program Elizabeth Teagle, attending the University and I thank the Stennis Center and the efit of additional funding. of Georgia, interning in the office of Sen. Had General Lowenberg spent his Senior Stennis Fellows for providing SAXBY CHAMBLISS; time as Adjutant General only respond- such a meaningful experience for these Kanoe Tjorvatjoglou, attending George ing to emergencies and planning for interns and for encouraging them to Mason University, interning in the office of disasters, he would still have been able consider a future career in public serv- Rep. COLLEEN HANABUSA; to retire as one of the most accom- ice. Guy Wood, attending Princeton Univer- HAD plished Adjutant Generals in the coun- I ask that a list of 2012 Stennis Con- sity, interning in the office of Sen. T COCHRAN.∑ try, but he also commanded the Wash- gressional Interns and the offices in ington National Guard during a time of which they work be printed in the f war. Though it is easy to forget, our RECORD. TRIBUTE TO MAJOR GENERAL world looked quite different in 2001. The list follows. TIMOTHY J. LOWENBERG The servicemembers who initially de- Nick Briggs, attending Brown University, ∑ Mrs. MURRAY. Mr. President, today ployed to Afghanistan and Iraq didn’t interning in the office of Rep. JIM MCGOV- I wish to recognize Major General Tim- have Mine Resistant Ambush Protected ERN; Julia Caulfield, attending Western Wash- othy J. Lowenberg for his exemplary vehicles, up-armored Humvees, or even ington University, interning in the office of record of service to the Washington Na- the kind of extensive body armor we Sen. MARK BEGICH; tional Guard, Washington State, and see today. Some National Guard mem- Ryan Clarke, attending the University of the United States of America. bers deployed to war zones without North Florida, interning in the office of the MG Timothy J. Lowenberg will retire body armor, necessary equipment, or House Democratic Leader; on July 31, 2012 after a distinguished even vehicles. In the face of these hard- Rebecca Dailey, attending Boston College, career with the Washington National ships, General Lowenberg and the interning in the office of Sen. MARK BEGICH; Guard and 44 years of military service Myranda Elliott, attending Hofstra Univer- Washington National Guard stood fast sity, interning in the office of Rep. PAUL to this country. General Lowenberg and persevered. Over the last decade GOSAR; has been the Adjutant General for Washington Guard members have de- Robert Glass, attending Georgia South- Washington State since September 1999 ployed and sacrificed alongside the Ac- western State University, interning in the and in this role he has served as the tive-Duty military again and again, office of Rep. JOHN BARROW; commander of all Washington National and in the words of former Secretary of Alison Gocke, attending Princeton Univer- Guard forces, Director of Washington Defense Robert Gates, the Washington sity, interning in the House Committee on State’s Emergency Management pro- National Guard and all State Guard Natural Resources; grams, and Homeland Security Advisor Sadhna Gupta, attending Duke University, members have changed from, ‘‘a stra- interning in the office of Rep. JIM MCGOV- to the Governor of Washington. Beyond tegic reserve to an integral part of the ERN; these already extensive responsibil- operational force.’’ Geoff Henderson, attending Haverford Col- ities, General Lowenberg is recognized While these brave servicemembers lege, interning in the House Committee on nationally for his work on Homeland were deployed, General Lowenberg Foreign Affairs; Security policy. In a defining mark of worked with me to modernize Cold Katie Hill, attending Brown University, in- General Lowenberg’s forward-leaning War-era benefits that no longer suffi- terning in the office of Rep. DAVID CICILLINE; leadership, he established the Wash- ciently supported the post-9/11 Guard Kayla Howe, attending The Monterey In- ington State Domestic Security Infra- members and their families. Guard stitute of International Studies, interning in the House Committee on Foreign Affairs; structure in 1999, prior to the events of members deploying in the early half of Dan Hsieh, attending Seattle University 9/11. This collaborative effort to estab- the last decade were doing so without School of Law, interning in the office of Sen. lish a Statewide system capable of re- the promise of adequate veterans’ bene- MIKE ENZI; sponding to major disaster events pre- fits, without appropriate TRICARE

VerDate Mar 15 2010 02:24 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.022 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5302 CONGRESSIONAL RECORD — SENATE July 24, 2012 benefits for their families, and without eral Lowenberg, Washington State had which it requests the concurrence of the skilled behavioral health resources the best possible leadership for these the Senate: to keep pace with the toll that re- and other demanding situations. H.R. 1237. An act to provide for a land ex- peated deployments would eventually I join the people of Washington State change with the Trinity Public Utilities Dis- take. General Lowenberg pushed for in congratulating General Lowenberg trict of Trinity County, California, involving improved Guard member access to on an impressive career, and I look for- the transfer of land to the Bureau of Land TRICARE and VA benefits, and to ward to seeing what he will accomplish Management and the Six Rivers National make sure that Guard members and Forest in exchange for National Forest Sys- in what I know will be an active retire- tem land in the Shasta-Trinity National For- members of the Reserve component ment. est, and for other purposes. have improved access to the behavioral General Lowenberg, thank you for H.R. 1369. An act to designate the facility health specialists they need while they your service. You will be missed. ∑ of the United States Postal Service located at 1021 Pennsylvania Avenue in Hartshorne, are on inactive duty or on annual f training. Oklahoma, as the ‘‘Warren Lindley Post Of- When these Guard members came REPORT ON THE CONTINUATION fice’’. back from deployment, they came OF THE NATIONAL EMERGENCY H.R. 2467. An act to take certain Federal home to a country that was well inten- THAT WAS ORIGINALLY DE- lands in Mono County, California, into trust CLARED IN EXECUTIVE ORDER for the benefit of the Bridgeport Indian Col- tioned but not well prepared to receive ony. them. When Washington Guard mem- 13441 WITH RESPECT TO LEB- H.R. 2896. An act to designate the facility bers began returning from their first ANON—PM 59 of the United States Postal Service located deployments to Iraq, unemployment The PRESIDING OFFICER laid beat 369 Martin Luther King, Jr. Drive in Jer- for some units was extremely high. I fore the Senate the following message sey City, New Jersey, as the ‘‘Judge Shirley have never accepted the premise that it A. Tolentino Post Office Building’’. from the President of the United H.R. 3388. An act to mend the Wild and is acceptable for servicemembers who States, together with an accompanying have sacrificed so much to return home Scenic Rivers Act to designate a segment of report; which was referred to the Com- the Beaver, Chipuxet, Queen, Wood, and from deployment and struggle to find mittee on Banking, Housing, and Pawcatuck Rivers in the States of Con- work to support their families, and nei- Urban Affairs: necticut and Rhode Island for study for po- ther has General Lowenberg. General tential addition to the National Wild and Lowenberg fought for funding for the To the Congress of the United States: Scenic Rivers System, and for other pur- Yellow Ribbon Reintegration program Section 202(d) of the National Emer- poses. and to expand efforts such as the Wash- gencies Act (50 U.S.C. 1622(d)) provides H.R. 3477. An act to designate the facility ington State Joint Services Support for the automatic termination of a na- of the United States Postal Service located at 133 Hare Road in Crosby, Texas, as the Directorate, J9, program to help more tional emergency unless, within 90 days prior to the anniversary date of Army First Sergeant David McNerney Post Guard members find employment. The Office Building. positive impact from these programs its declaration, the President publishes H.R. 3556. An act to designate the new helped the men and women of the in the Federal Register and transmits to United States courthouse in Buffalo, New Washington Guard find stable work and the Congress a notice stating that the York, as the ‘‘Robert H. Jackson United these efforts became such a success emergency is to continue in effect be- States Courthouse’’. that the lessons from these programs yond the anniversary date. In accord- H.R. 3593. An act to designate the facility of the United States Postal Service located have spread throughout the country. ance with this provision, I have sent to the Federal Register for publication the at 787 State Route 17M in Monroe, New York, Members of the Washington Guard now as the ‘‘National Clandestine Service of the boast an unemployment rate below the enclosed notice stating that the na- Central Intelligence Agency NCS Officer national average and the work that tional emergency declared with respect Gregg David Wenzel Memorial Post Office’’. General Lowenberg put into reducing to the actions of certain persons to un- H.R. 3742. An act to designate the United Guard unemployment laid the founda- dermine the sovereignty of Lebanon or States courthouse located at 100 North tion for my VOW to Hire Heroes Act its democratic processes and institu- Church Street in Las Cruces, New Mexico, as and other efforts to help veterans actions is to continue in effect beyond the ‘‘Edwin L. Mechem United States Court- house’’. cess secure employment, including August 1, 2012. H.R. 3870. An act to designate the facility overhauling the Transition Assistance Certain ongoing activities, such as of the United States Postal Service located program for the first time in 20 years continuing arms transfers to Hizballah at 6083 Highway 36 West in Rose Bud, Arkan- and making it mandatory. that include increasingly sophisticated sas, as the ‘‘Nicky ‘Nick’ Daniel Bacon Post These changes to National Guard weapons systems, undermine Lebanese Office’’. since 1999 have been historic, but Gen- sovereignty, contribute to political and H.R. 4347. An act to designate the United eral Lowenberg has always maintained economic instability in the region, and States courthouse located at 709 West 9th continue to constitute an unusual and Street in Juneau, Alaska, as the ‘‘Robert the ability to understand what is im- Boochever United States Courthouse’’. portant. Out of all the memories I have extraordinary threat to the national H.R. 4484. An act to provide for the convey- of General Lowenberg, the ones that security and foreign policy of the ance of a small parcel of National Forest will stay with me the longest are from United States.For these reasons, I have System land in the Uinta-Wasatch-Cache Na- the catastrophic flooding that hit determined that it is necessary to con- tional Forest in Utah to Brigham Young Washington in January 2009. The Wash- tinue the national emergency declared University, and for other purposes. ington State flood of 2009 caused the on August 1, 2007, to deal with that H.R. 5837. An act to designate the facility threat and the related measures adopt- of the United States Postal Service located biggest urban evacuation in the history at 26 East Genesee Street in Baldwinsville, of the State, and I cannot begin to deed on that date to respond to the emer- New York, as the ‘‘Corporal Kyle Schneider scribe the scene that I witnessed out of gency. Post Office Building’’. the back of a Chinook as General BARACK OBAMA. H.R. 5859. An act to repeal an obsolete pro- Lowenberg and I surveyed the damage. THE WHITE HOUSE, July 24, 2012. vision in title 49, United States Code, requir- That flood broke levees, shut down f ing motor vehicle insurance cost reporting. Interstate 5, and compromised the in- H.R. 5958. An act to name the Jamaica Bay MESSAGE FROM THE HOUSE Wildlife Refuge Visitor Contact Station of tegrity of Howard Hanson Dam. the Jamaica Bay Wildlife Refuge unit of Through all of that chaos and the At 2:18 p.m., a message from the Gateway National Recreation Area in honor lengthy effort to move Federal funding House of Representatives, delivered by of James L. Buckley. to repair the Howard Hanson Dam, Mrs. Cole, one of its reading clerks, an- ENROLLED BILL SIGNED General Lowenberg directed relief, re- nounced that the House has passed the The message further announced that covery operations, and preparedness ef- following bill, without amendment: the Speaker has signed the following forts with an unparalleled under- S. 1335. An act to amend title 49, United enrolled bill: States Code, to provide rights for pilots, and standing of emergency management H.R. 2527. An act to require the Secretary for other purposes. that didn’t ignore the effects that flood of the Treasury to mint coins in recognition and damaged dam had on small com- The message also announced that the and celebration of the National Baseball Hall munities and individuals. Under Gen- House has passed the following bills, in of Fame.

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Buckley; to the Committee on retary of Defense, transmitting a report on and the second times by unanimous Environment and Public Works. the approved retirement of Lieutenant Gen- consent, and referred as indicated: f eral Charles E. Stenner, Jr., United States H.R. 1237. An act to provide for a land ex- Air Force, and his advancement to the grade change with the Trinity Public Utilities Dis- MEASURES PLACED ON THE of lieutenant general on the retired list; to trict of Trinity County, California, involving CALENDAR the Committee on Armed Services. the transfer of land to the Bureau of Land EC–6917. A communication from the Sec- The following bill was read the secretary of Defense, transmitting a report on Management and the Six Rivers National ond time, and placed on the calendar: Forest in exchange for National Forest Sys- the approved retirement of Lieutenant Gen- S. 3420. A bill to permanently extend the tem land in the Shasta-Trinity National For- eral Thomas J. Owen, United States Air 2001 and 2003 tax cuts, to provide for perma- est, and for other purposes; to the Com- Force, and his advancement to the grade of nent alternative minimum tax relief, and to mittee on Energy and Natural Resources. lieutenant general on the retired list; to the repeal the estate and generation-skipping H.R. 1369. An act to designate the facility Committee on Armed Services. transfer taxes, and for other purposes. EC–6918. A communication from the Under of the United States Postal Service located Secretary of Defense (Personnel and Readi- at 1021 Pennsylvania Avenue in Hartshorne, f ness), transmitting the report of an officer Oklahoma, as the ‘‘Warren Lindley Post Of- MEASURES READ THE FIRST TIME authorized to wear the insignia of the grade fice’’; to the Committee on Homeland Secu- of major general in accordance with title 10, rity and Governmental Affairs. The following bill was read the first United States Code, section 777; to the Com- H.R. 2467. An act to take certain Federal time: mittee on Armed Services. lands in Mono County, California, into trust S. 3429. A bill to require the Secretary of EC–6919. A communication from the Chair- for the benefit of the Bridgeport Indian Col- Veterans Affairs to establish a veterans jobs man, Defense Nuclear Facilities Safety ony; to the Committee on Indian Affairs. corps, and for other purposes. Board, transmitting the Board’s Report to H.R. 2896. An act to designate the facility f Congress on the Status of Significant Unre- of the United States Postal Service located solved Issues with the Department of Ener- at 369 Martin Luther King Jr. Drive in Jer- EXECUTIVE AND OTHER gy’s Design and Construction Projects; to sey City, New Jersey, as the ‘‘Judge Shirley COMMUNICATIONS the Committee on Armed Services. A. Tolentino Post Office Building’’; to the The following communications were EC–6920. A communication from the Sec- Committee on Homeland Security and Gov- retary of Defense, transmitting, pursuant to ernmental Affairs. laid before the Senate, together with accompanying papers, reports, and doc- law, a report relative to the current and fu- H.R. 3388. An act to amend the Wild and ture military strategy of Iran (DCN OSS Scenic Rivers Act to designate a segment of uments, and were referred as indicated: 2012–1130); to the Committee on Armed Serv- the Beaver, Chipuxet, Queen, Wood, and EC–6910. A communication from the Direc- ices. Pawcatuck Rivers in the States of Con- tor of the Regulatory Review Group, Farm EC–6921. A communication from the Sec- necticut and Rhode Island for study for po- Service Agency, Department of Agriculture, retary, Division of Trading and Markets, Se- tential addition to the National Wild and transmitting, pursuant to law, the report of curities and Exchange Commission, trans- Scenic Rivers System, and for other pur- a rule entitled ‘‘Disaster Designation Proc- mitting, pursuant to law, the report of a rule poses; to the Committee on Energy and Nat- ess’’ (RIN0560–AH17) received in the Office of entitled ‘‘Commission Guidance Regarding ural Resources. the President of the Senate on July 18, 2012; Definitions of Mortgage Related Security H.R. 3477. An act to designate the facility to the Committee on Agriculture, Nutrition, and Small Business Related Security’’ of the United States Postal Service located and Forestry. (RIN3235–AL33) received in the Office of the at 133 Hare Road in Crosby, Texas, as the EC–6911. A communication from the Under President of the Senate on July 18, 2012; to Army First Sergeant David McNerney Post Secretary, Rural Development, Department the Committee on Banking, Housing, and Office Building; to the Committee on Home- of Agriculture, transmitting, pursuant to Urban Affairs. land Security and Governmental Affairs. law, the report of a rule entitled ‘‘Federal EC–6922. A communication from the Sec- H.R. 3593. An act to designate the facility Deposit Insurance Corporation Limit retary, Division of Trading and Markets, Se- of the United States Postal Service located Change’’ (RIN0575–AC94) received in the Of- curities and Exchange Commission, trans- at 787 State Route 17M in Monroe, New York, fice of the President of the Senate on July mitting, pursuant to law, the report of a rule as the ‘‘National Clandestine Service of the 18, 2012; to the Committee on Agriculture, entitled ‘‘Consolidated Audit Trail’’ Central Intelligence Agency NCS Officer Nutrition, and Forestry. (RIN3235–AK51) received in the Office of the Gregg David Wenzel Memorial Post Office’’; EC–6912. A communication from the Direc- President of the Senate on July 19, 2012; to to the Committee on Homeland Security and tor of the Regulatory Management Division, the Committee on Banking, Housing, and Governmental Affairs. Environmental Protection Agency, transmit- Urban Affairs. H.R. 3742. An act to designate the United ting, pursuant to law, the report of a rule en- EC–6923. A communication from the Sec- States courthouse located at 100 North titled ‘‘Trifloxystrobin; Pesticide Tolerance’’ retary, Division of Trading and Markets, Se- Church Street in Las Cruces, New Mexico, as (FRL No. 9354–8) received in the Office of the curities and Exchange Commission, trans- the ‘‘Edwin L. Mechem United States Court- President of the Senate on July 19, 2012; to mitting, pursuant to law, the report of a rule house’’; to the Committee on Environment the Committee on Agriculture, Nutrition, entitled ‘‘Further Definition of ‘Swap’, ‘Se- and Public Works. and Forestry. curity-Based-Swap’, and ‘Security-Based H.R. 3870. An act to designate the facility EC–6913. A communication from the Direc- Swap Agreement’; Mixed Swaps; Security- of the United States Postal Service located tor of the Regulatory Management Division, Based Swap Agreement Recordkeeping’’ at 6083 Highway 36 West in Rose Bud, Arkan- Environmental Protection Agency, transmit- (RIN3235–AK65) received in the Office of the sas, as the ‘‘Nicky ’Nick’ Daniel Bacon Post ting, pursuant to law, the report of a rule en- President of the Senate on July 19, 2012; to Office’’; to the Committee on Homeland Se- titled ‘‘Difenoconazole; Pesticide Toler- the Committee on Banking, Housing, and curity and Governmental Affairs. ances’’ (FRL No. 9354–9) received in the Of- Urban Affairs. H.R. 4484. An act to provide for the convey- fice of the President of the Senate on July EC–6924. A communication from the Chief ance of a small parcel of National Forest 19, 2012; to the Committee on Agriculture, Counsel, Federal Emergency Management System land in the Uinta-Wasatch-Cache Na- Nutrition, and Forestry. Agency, Department of Homeland Security, tional Forest in Utah to Brigham Young EC–6914. A communication from the Con- transmitting, pursuant to law, the report of University, and for other purposes; to the gressional Review Coordinator, Animal and a rule entitled ‘‘Suspension of Community Committee on Energy and Natural Re- Plant Health Inspection Service, Department Eligibility’’ ((44 CFR Part 64) (Docket No. sources. of Agriculture, transmitting, pursuant to FEMA–2012–0003)) received in the Office of H.R. 5837. An act to designate the facility law, the report of a rule entitled ‘‘Irradiation the President of the Senate on July 18, 2012; of the United States Postal Service located Treatment; Location of Facilities in the to the Committee on Banking, Housing, and at 26 East Genesee Street in Baldwinsville, Southern United States’’ ((RIN0579–AD35) Urban Affairs. New York, as the ‘‘Corporal Kyle Schneider (Docket No. APHIS–2009–0100)) received in EC–6925. A communication from the Chief Post Office Building’’; to the Committee on the Office of the President of the Senate on Counsel, Federal Emergency Management Homeland Security and Governmental Af- July 23, 2012; to the Committee on Agri- Agency, Department of Homeland Security, fairs. culture, Nutrition, and Forestry. transmitting, pursuant to law, the report of H.R. 5859. An act to repeal an obsolete pro- EC–6915. A communication from the Ad- a rule entitled ‘‘Final Flood Elevation Deter- vision in title 49, United States Code, requir- ministrator of the Environmental Protection minations’’ ((44 CFR Part 67) (Docket No.

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FEMA–2012–0003)) received in the Office of By Mr. VITTER: Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN the President of the Senate on July 18, 2012; S. 3424. A bill to prohibit the sale of bill- of Massachusetts, Mr. BROWN of Ohio, to the Committee on Banking, Housing, and fish; to the Committee on Commerce, Mr. BURR, Ms. CANTWELL, Mr. Urban Affairs. Science, and Transportation. CARDIN, Mr. CARPER, Mr. CASEY, Mr. EC–6926. A communication from the Assist- By Mrs. MCCASKILL: CHAMBLISS, Mr. COATS, Mr. COBURN, ant Secretary for Export Administration, S. 3425. A bill to amend the Worker Adjust- Mr. COCHRAN, Ms. COLLINS, Mr. CON- Bureau of Industry and Security, Depart- ment and Retraining Notification Act to pro- RAD, Mr. COONS, Mr. CORKER, Mr. ment of Commerce, transmitting, pursuant vide a notice requirement regarding CORNYN, Mr. CRAPO, Mr. DEMINT, Mr. to law, the report of a rule entitled ‘‘Export offshoring; to the Committee on Health, DURBIN, Mr. ENZI, Mrs. FEINSTEIN, and Reexport Controls to Rwanda and United Education, Labor, and Pensions. Mr. FRANKEN, Mrs. GILLIBRAND, Mr. Nations Sanctions under the Export Admin- By Mr. MERKLEY (for himself, Mr. GRAHAM, Mr. GRASSLEY, Mrs. HAGAN, istration Regulations’’ (RIN0694–AF31) re- UDALL of New Mexico, and Mr. DUR- Mr. HARKIN, Mr. HATCH, Mr. HELLER, ceived in the Office of the President of the BIN): Mr. HOEVEN, Mrs. HUTCHISON, Mr. Senate on July 18, 2012; to the Committee on S. 3426. A bill to amend the Truth in Lend- INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. Banking, Housing, and Urban Affairs. ing Act to address certain issues related to JOHANNS, Mr. JOHNSON of Wisconsin, EC–6927. A communication from the Senior the extension of consumer credit, and for Mr. JOHNSON of South Dakota, Mr. Counsel for Regulatory Affairs, Domestic Fi- other purposes; to the Committee on Bank- KERRY, Mr. KIRK, Ms. KLOBUCHAR, nance, Department of the Treasury, trans- ing, Housing, and Urban Affairs. Mr. KOHL, Mr. KYL, Ms. LANDRIEU, mitting, pursuant to law, the report of a rule By Mr. KOHL: Mr. LAUTENBERG, Mr. LEAHY, Mr. entitled ‘‘Calculation of Maximum Obliga- S. 3427. A bill to permanently extend the LEE, Mr. LEVIN, Mr. LIEBERMAN, Mr. tion Limitation’’ (RIN1505–AC36) received in employer-provided child care credit under LUGAR, Mr. MANCHIN, Mr. MCCAIN, the Office of the President of the Senate on section 45F of the Internal Revenue Code of Mrs. MCCASKILL, Mr. MENENDEZ, Mr. July 19, 2012; to the Committee on Banking, 1986; to the Committee on Finance. MERKLEY, Ms. MIKULSKI, Mr. MORAN, Housing, and Urban Affairs. By Mr. CARDIN: Ms. MURKOWSKI, Mrs. MURRAY, Mr. EC–6928. A communication from the White S. 3428. A bill to amend the Clean Air Act NELSON of Nebraska, Mr. NELSON of House Liaison, Department of Health and to partially waive the renewable fuel stand- Florida, Mr. PAUL, Mr. PORTMAN, Mr. Human Services, transmitting, pursuant to ard when corn inventories are low; to the PRYOR, Mr. REED, Mr. RISCH, Mr. law, the report of a vacancy in the position Committee on Environment and Public ROBERTS, Mr. ROCKEFELLER, Mr. of Administrator, Centers for Medicare and Works. RUBIO, Mr. SANDERS, Mr. SCHUMER, Medicaid Services, received in the Office of By Mr. NELSON of Florida (for himself Mr. SESSIONS, Mrs. SHAHEEN, Mr. the President of the Senate on July 19, 2012; and Mrs. MURRAY): SHELBY, Ms. SNOWE, Ms. STABENOW, to the Committee on Banking, Housing, and S. 3429. A bill to require the Secretary of Mr. TESTER, Mr. THUNE, Mr. TOOMEY, Urban Affairs. Veterans Affairs to establish a veterans jobs Mr. UDALL of New Mexico, Mr. VIT- EC–6929. A communication from the Gen- corps, and for other purposes; read the first TER, Mr. WARNER, Mr. WEBB, Mr. eral Counsel of the Department of Housing time. WHITEHOUSE, Mr. WICKER, and Mr. and Urban Development, transmitting, pur- WYDEN): f suant to law, a report relative to a vacancy S. Con. Res. 53. A concurrent resolution in the position of Assistant Secretary, Com- SUBMISSION OF CONCURRENT AND honoring the victims of the Aurora, Colo- munity Planning and Development, received SENATE RESOLUTIONS rado, movie theater shooting and con- in the Office of the President of the Senate demning the atrocities that occurred in Au- on July 19, 2012; to the Committee on Bank- The following concurrent resolutions rora, Colorado; to the Committee on the Ju- ing, Housing, and Urban Affairs. and Senate resolutions were read, and diciary. EC–6930. A communication from the Chair- referred (or acted upon), as indicated: man and President of the Export-Import f By Mr. NELSON of Florida (for him- Bank, transmitting, pursuant to law, a re- self, Mr. MENENDEZ, and Mr. RUBIO): port relative to a transaction involving U.S. ADDITIONAL COSPONSORS S. Res. 525. A resolution honoring the life exports to the Socialist Republic of Vietnam; and legacy of Oswaldo Paya Sardinas; to the S. 137 to the Committee on Banking, Housing, and Committee on Foreign Relations. EINSTEIN Urban Affairs. At the request of Mrs. F , the EC–6931. A communication from the Sec- By Mr. KERRY (for himself, Ms. name of the Senator from Montana retary of the Treasury, transmitting, pursu- SNOWE, Mr. DURBIN, and Mr. BROWN (Mr. TESTER) was added as a cosponsor ant to law, a six-month periodic report on of Massachusetts): of S. 137, a bill to amend the Public the national emergency that was declared in S. Res. 526. A resolution designating No- Health Service Act to provide protec- vember 2012 as ‘‘Stomach Cancer Awareness Executive Order 12947 with respect to terror- tions for consumers against excessive, ists who threaten to disrupt the Middle East Month’’ and supporting efforts to educate the public about stomach cancer; to the unjustified, or unfairly discriminatory peace process; to the Committee on Banking, increases in premium rates. Housing, and Urban Affairs. Committee on the Judiciary. EC–6932. A communication from the Chair- By Ms. MURKOWSKI (for herself, Mr. S. 239 man, Securities and Exchange Commission, REED, Mr. BEGICH, Mr. REID, Mr. At the request of Ms. KLOBUCHAR, the transmitting, pursuant to law, the 2011 An- CORKER, Mr. INHOFE, Ms. SNOWE, Mr. name of the Senator from Connecticut LIEBERMAN, Mr. COCHRAN, Mrs. MUR- nual Report of the Securities Investor Pro- LUMENTHAL RAY, Mr. CHAMBLISS, Mr. WICKER, Mr. (Mr. B ) was added as a co- tection Corporation (SIPC); to the Com- sponsor of S. 239, a bill to support inno- mittee on Banking, Housing, and Urban Af- WHITEHOUSE, Mr. BROWN of Massa- fairs. chusetts, Mrs. HUTCHISON, Mr. BAU- vation, and for other purposes. EC–6933. A joint communication from the CUS, Mr. TESTER, Mr. INOUYE, Ms. MI- S. 432 President and Chief Executive Officer and KULSKI, Ms. COLLINS, Mr. At the request of Mrs. FEINSTEIN, the the Chief Accounting and Administrative Of- BLUMENTHAL, Mr. BURR, Mrs. HAGAN, name of the Senator from Nevada (Mr. ficer, Federal Home Loan Bank of Seattle, and Mr. MCCONNELL): S. Res. 527. A resolution designating Au- HELLER) was added as a cosponsor of S. transmitting, pursuant to law, the Bank’s 432, a bill to provide for environmental 2011 Annual Report; to the Committee on gust 16, 2012, as ‘‘National Airborne Day’’; Banking, Housing, and Urban Affairs. considered and agreed to. restoration activities and forest man- EC–6934. A communication from the White By Mr. CARDIN (for himself and Mr. agement activities in the Lake Tahoe House Liaison, Department of Energy, trans- CHAMBLISS): Basin, and for other purposes. S. Res. 528. A resolution recognizing the mitting, pursuant to law, (15) fifteen reports S. 697 relative to vacancies in the Department of 100th anniversary of the American Podiatric At the request of Mr. CASEY, the Energy, received in the Office of the Presi- Medical Association, the preeminent organi- dent of the Senate on July 18, 2012; to the zation representing podiatric medicine and name of the Senator from New York Committee on Energy and Natural Re- surgery, celebrating its achievements, and (Mrs. GILLIBRAND) was added as a co- sources. encouraging the association to continue pro- sponsor of S. 697, a bill to amend the viding guidance on foot and ankle health f Internal Revenue Code of 1986 to allow issues to the people of the United States and a credit against income tax for INTRODUCTION OF BILLS AND of the world; considered and agreed to. amounts paid by a spouse of a member JOINT RESOLUTIONS By Mr. UDALL of Colorado (for him- of the Armed Services for a new State self, Mr. BENNET, Mr. REID, Mr. The following bills and joint resolu- MCCONNELL, Mr. AKAKA, Mr. ALEX- license or certification required by rea- tions were introduced, read the first ANDER, Ms. AYOTTE, Mr. BARRASSO, son of a permanent change in the duty and second times by unanimous con- Mr. BAUCUS, Mr. BEGICH, Mr. BINGA- station of such member to another sent, and referred as indicated: MAN, Mr. BLUMENTHAL, Mr. BLUNT, State.

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S. 3384 At the request of Ms. LANDRIEU, the 1935, a bill to require the Secretary of At the request of Mr. BAUCUS, the name of the Senator from Kansas (Mr. the Treasury to mint coins in recogni- name of the Senator from Hawaii (Mr. MORAN) was added as a cosponsor of S. tion and celebration of the 75th anni- INOUYE) was added as a cosponsor of S. 881, a bill to amend the Consumer Cred- versary of the establishment of the 3384, a bill to extend supplemental agri- it Protection Act to assure meaningful March of Dimes Foundation. cultural disaster assistance programs. disclosures of the terms of rental-pur- At the request of Mrs. HAGAN, the S. 3395 chase agreements, including disclo- names of the Senator from Iowa (Mr. At the request of Mr. MERKLEY, the sures of all costs to consumers under HARKIN), the Senator from Rhode Is- name of the Senator from Missouri such agreements, to provide sub- land (Mr. REED), the Senator from (Mrs. MCCASKILL) was added as a co- stantive rights to consumers under Florida (Mr. RUBIO), the Senator from sponsor of S. 3395, a bill to amend the such agreements, and for other pur- Pennsylvania (Mr. TOOMEY) and the Federal Crop Insurance Act to extend poses. Senator from Illinois (Mr. DURBIN) certain supplemental agricultural dis- S. 961 were added as cosponsors of S. 1935, aster assistance programs. At the request of Mr. KERRY, the supra. S. 3397 name of the Senator from Connecticut S. 2347 At the request of Mr. HATCH, the (Mr. BLUMENTHAL) was added as a co- At the request of Mr. CARDIN, the sponsor of S. 961, a bill to create the in- names of the Senator from Tennessee name of the Senator from Connecticut come security conditions and family (Mr. ALEXANDER) and the Senator from (Mr. BLUMENTHAL) was added as a co- supports needed to ensure permanency Louisiana (Mr. VITTER) were added as sponsor of S. 2347, a bill to amend title for the Nation’s unaccompanied youth, cosponsors of S. 3397, a bill to prohibit XVIII of the Social Security Act to en- and for other purposes. waivers relating to compliance with sure the continued access of Medicare the work requirements for the program S. 1102 beneficiaries to diagnostic imaging of block grants to States for temporary At the request of Mr. DURBIN, the services. name of the Senator from Rhode Island assistance for needy families, and for S. 3186 other purposes. (Mr. REED) was added as a cosponsor of S. 1102, a bill to amend title 11, United At the request of Mr. SCHUMER, the S. 3423 States Code, with respect to certain ex- name of the Senator from California At the request of Mr. REED, the name ceptions to discharge in bankruptcy. (Mrs. BOXER) was added as a cosponsor of the Senator from Connecticut (Mr. S. 1269 of S. 3186, a bill to make it unlawful to BLUMENTHAL) was added as a cosponsor At the request of Ms. SNOWE, the alter or remove the identification num- of S. 3423, a bill to amend the Wild and name of the Senator from Massachu- ber of a mobile device. Scenic Rivers Act to designate a seg- setts (Mr. KERRY) was added as a co- S. 3203 ment of the Beaver, Chipuxet, Queen, sponsor of S. 1269, a bill to amend the At the request of Mr. LAUTENBERG, Wood, and Pawcatuck Rivers in the Elementary and Secondary Education the name of the Senator from South States of Connecticut and Rhode Island Act of 1965 to require the Secretary of Dakota (Mr. JOHNSON) was added as a for study for potential addition to the Education to collect information from cosponsor of S. 3203, a bill to amend National Wild and Scenic Rivers Sys- coeducational secondary schools on title 10, United States Code, to limit tem, and for other purposes. such schools’ athletic programs, and increases in the certain costs of health S.J. RES. 43 for other purposes. care services under the health care pro- At the request of Mr. MCCONNELL, S. 1299 grams of the Department of Defense, the name of the Senator from Texas At the request of Mr. MORAN, the and for other purposes. (Mrs. HUTCHISON) was added as a co- name of the Senator from Pennsyl- S. 3237 sponsor of S.J. Res. 43, a joint resolu- vania (Mr. TOOMEY) was added as a co- At the request of Mr. WHITEHOUSE, tion approving the renewal of import sponsor of S. 1299, a bill to require the the names of the Senator from Massa- restrictions contained in the Burmese Secretary of the Treasury to mint chusetts (Mr. KERRY) and the Senator Freedom and Democracy Act of 2003, coins in commemoration of the centen- from Louisiana (Ms. LANDRIEU) were and for other purposes. nial of the establishment of Lions added as cosponsors of S. 3237, a bill to f Clubs International. provide for the establishment of a STATEMENTS ON INTRODUCED S. 1421 Commission to Accelerate the End of BILLS AND JOINT RESOLUTIONS At the request of Mr. PORTMAN, the Breast Cancer. name of the Senator from Maine (Ms. By Mr. KOHL: S. 3239 COLLINS) was added as a cosponsor of S. S. 3427. A bill to permanently extend At the request of Mrs. FEINSTEIN, the 1421, a bill to authorize the Peace Corps the employer-provided child care credit name of the Senator from Vermont Commemorative Foundation to estab- under section 45F of the Internal Rev- (Mr. LEAHY) was added as a cosponsor lish a commemorative work in the Dis- enue Code of 1986; to the Committee on of S. 3239, a bill to provide for a uni- trict of Columbia and its environs, and Finance. form national standard for the housing for other purposes. Mr. KOHL. Mr. President, we know and treatment of egg-laying hens, and S. 1605 taxes are scheduled to increase for all for other purposes. At the request of Mr. KERRY, the Americans next year, and we know an name of the Senator from Connecticut S. 3244 across-the-board tax increase on all (Mr. BLUMENTHAL) was added as a co- At the request of Mr. FRANKEN, the Americans would be very bad for our sponsor of S. 1605, a bill to amend the name of the Senator from New York economy. What we disagree on is which Fair Housing Act, and for other pur- (Mrs. GILLIBRAND) was added as a co- tax cuts should be continued. poses. sponsor of S. 3244, a bill to amend the Unfortunately, this has become a S. 1884 Higher Education Opportunity Act to highly partisan debate. Someone At the request of Mr. DURBIN, the add disclosure requirements to the in- watching this debate would assume we name of the Senator from North Caro- stitution financial aid offer form and cannot agree on anything when it lina (Mrs. HAGAN) was added as a co- to amend the Higher Education Act of comes to taxes, but they would be sponsor of S. 1884, a bill to provide 1965 to make such form mandatory. wrong. We do agree on far more than States with incentives to require ele- S. 3269 we disagree. We agree that middle- mentary schools and secondary schools At the request of Mr. PAUL, the name class tax rates should not go up. We to maintain, and permit school per- of the Senator from Montana (Mr. agree that the alternative minimum sonnel to administer, epinephrine at TESTER) was added as a cosponsor of S. tax should not affect middle-class tax- schools. 3269, a bill to provide that no United payers. We agree on a variety of tax S. 1935 States assistance may be provided to breaks that help families raise children At the request of Ms. COLLINS, the Pakistan until Dr. Shakil Afridi is and invest in their education. Our dis- name of the Senator from Maine (Ms. freed. agreements elsewhere should not stop

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This is a ican diet that has become a ubiquitous goes even higher. powerful and proven incentive for busi- ingredient or additive in most of our I understand the important role do- ness—especially small business—to ar- food and it is fed as feed to nearly all mestic ethanol production will play in range onsite childcare for their em- livestock animals. The fact is, most helping our nation achieve greater en- ployees. meals Americans consume either has ergy security. However, the nurturing I originally introduced this tax credit corn as an essential ingredient or con- and growth of our domestic biofuels in- after we passed welfare reform in 1996. sist of ingredients that required corn dustry must not come at the expense of The purpose of welfare reform was to to produce. From milk, to eggs, to beef our domestic food supply. In other move recipients off benefits and into to poultry, to bread, to soft drink, and words, we cannot sacrifice U.S. food se- jobs—a path of financial freedom that most prepared frozen meals corn—is es- curity for energy security. That is why is too often blocked by the lack of sential to American food. I do not support the use of food based quality and affordable childcare. After The first section of Michael Pollan’s feedstocks like sugar and corn to be years of work, we finally passed the 2006 Best Seller The Omnivore’s Di- commercially produced into ethanol. employer-provided childcare tax credit lemma: A Natural History of Four I also believe that as global demand in 2001. Since then, it has offered busi- Meals is titled ‘‘Industrial Corn’’ and it for oil increases, driven by increased nesses a tax credit for building and explains just how omnipresent corn, in mobility and affluence spreads in the maintaining a childcare center. Busi- some form or another, is in American developing world, renewable biofuels nesses can also receive a smaller tax diets. For better or for worse, the vast will compete well with oil and that the credit for helping their employees find majority of the food found on Amer- government supports we have in place childcare elsewhere in the community. ican supermarket shelves is made from will not be necessary because pure Childcare is a good investment for processed corn. When it comes to the market demand for less expensive and employee and employer alike. Busi- animal proteins Americans consume cleaner burning fuels like ethanol will nesses get employees who miss less most of these animals were raised on drive growth in biofuel production, not work to deal with family issues and corn diets. government mandates. stay at their jobs longer. Parents know For decades, America’s corn growers Because domestic food production is their children are safe, sound, and close were out producing demand for corn reaching a state of crisis driven by the by while their mom or dad is at work. and food producers, and consumers ben- increasing cost of inputs, like corn, They do not have to choose between efited from relatively low corn prices that the food producers have to un- putting food on the table and caring for that ranged around $2 a bushel. While fairly compete with industries that are their children. consumers may have benefitted from operating with under government pro- Now is not the time to add another these prices, American corn and grain duction mandates I am introducing leg- stress to overstressed working families growers were hurting badly. islation today that offers a simple struggling to survive in a down econ- Since 2007, the tides have been turn- change to the Renewable Fuel Stand- omy. That is why today I am intro- ing significantly. National demand for ard that will help provide our domestic ducing a bill to continue the tax credit corn is at an all-time high and corn fu- food producers access to corn. for employer-provided childcare. We all tures project corn reaching $8 a bushel This legislation will link the amount agree the employer-provided childcare in the near future. A growing and hun- of corn ethanol required for the RFS to tax credit should not expire. It is in- gry nation combined with new demands the amount of U.S. corn supplies. This cluded in both tax bills we are consid- for corn that are the result of techno- legislation sets up a process so that ering this week and we should extend it logical innovations have created new when the USDA reports on U.S. corn now. uses for corn in the form of ethanol as supplies towards the end of each year, But support for childcare isn’t the both a motor fuel additive and in plas- based upon the ratio of corn stocks- to only thing the Republican and Demo- tics. These new uses, combined with ex- expected use, there could be a reduc- cratic tax bills agree on. In fact, these panded traditional uses have fueled the tion made to the RFS mandate for corn two bills offer the same exact tax cut upward spike in corn prices. ethanol. This is a common sense solu- extension for the first $250,000 earned Corn growers have benefitted tremen- tion to make sure that we have enough by every American family. If a family dously from the increased demand and corn supplies to meet all of our corn makes $1 more than that, they still get high corn prices. Ethanol producers demands. the same tax cut extension on their have enjoyed a variety of government Once a year, the Administrator of the first $250,000. Even millionaires get the supports mandating levels of ethanol Environmental Protection Agency will same tax cut extension as everyone production which have helped them review the current corn crop year’s else. Everybody, including the wealthi- weather high corn prices paying a high ratio of U.S. corn stocks-to-use ratio in est Americans, benefits from the tax price for corn feedstocks is relatively making a determination of the RFS. cuts we all can and do support. easy when you have enormous produc- By the end of November the Adminis- Bipartisan policies, such as a tax tion tax credits and a federally man- trator of the Environmental Protection credit for employer-provided childcare dated market for your product. Agency will make an official deter- or middle-class tax cuts, should not be Food producers, including livestock mination of the Renewable Fuels held hostage because of a partisan de- and poultry producers, who use tre- Standard, RFS, corn ethanol mandate bate about other tax cuts. When we all mendous amounts of corn to raise their for the following calendar year, based can agree on something, we should vote livestock and produce food, do not have on the U.S. Department of Agri- for it. the luxury of a mandated market for culture’s November World Agricultural their products. Supply and Demand Estimate report to By Mr. CARDIN: In Maryland, our number one agricul- determine the U.S. corn stocks-to-use S. 3428. A bill to amend the Clean Air tural product is poultry. Poultry pro- ratio. The administrator shall provide Act to partially waive the renewable duction is far and away the top em- for a waiver for the RFS for the fol- fuel standard when corn inventories ployer on Maryland’s Eastern Shore. lowing calendar year according to the are low; to the Committee on Environ- Maryland poultry is hurting and it is calculated stocks to use ratio as di- ment and Public Works. because they are competing with big rected. Such a waiver, if required, shall Mr. CARDIN. Mr. President, today I oil, and other non-traditional users, for be included in the Environmental Pro- am proud to introduce the Renewable corn. Corn is vitally important to rais- tection Agency’s Federal Register no- Fuel Standard Flexibility Act. I am in- ing chickens. Unlike other livestock, tice regarding the RFS for the fol- troducing this bill because I have grave like cattle or hogs which are lowing calendar year. The required

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waiver, if any, will take effect January ‘‘United States Corn Reduction in national his candidacy to the National Assembly of Stocks-to-Use Ratio for quantity Popular Power, which was rejected by the 1 of the new calendar year. the Applicable Crop Year of renewable fuel re- (percent) quired electoral commission of Cuba; Stocks-to-Use Ratio Waiver to the Renewable Whereas the Constitution of Cuba sup- Percent Fuels Standard for Corn Above 10.0 No adjustment posedly guarantees the right to a national Ethanol 10.0–7.5 10 percent reduction 7.49–6.0 15 percent reduction referendum on any proposal that achieves Above 10.00 ...... no adjustment 5.99–5.0 25 percent reduction 10,000 or more signatures from citizens of 10.00 to 7.50 ...... 10 percent reduction Below 5.0 50 percent reduction 7.49 to 6.00 ...... 15 percent reduction Cuba who are eligible to vote; 5.99 to 5.00 ...... 25 percent reduction Whereas, in 1998, Oswaldo Paya´ Sardin˜ as Below 5.00 ...... 50 percent reduction ‘‘(iii) DURATION.—A waiver under clause (ii) and other leaders of the Christian Liberation that is based on a determination under Movement created the Varela Project, a sig- I believe the future of biofuels must clause (i) that is made not later than Novem- nature drive to secure a national referendum be in the development and production ber 30 of a calendar year shall— on ‘‘convert[ing] into law, the right of free- of cellulosic and advanced biofuels that ‘‘(I) take effect on the date that is 30 days dom of speech, the freedom of press and free- are not derived from feedstocks that after the date on which the determination is dom of enterprise’’; published; and are part of essential food sources. As a Whereas, in May 2002, the Varela Project ‘‘(II) remain in effect for the following cal- delivered 11,020 signatures from eligible citi- supporter of bringing cellulosic and ad- endar year. zens of Cuba to the National Assembly of vanced biofuels to market, my legisla- ‘‘(iv) ADJUSTMENT OF RENEWABLE FUEL OB- Popular Power, calling for an end to 4 dec- tion explicitly states that it ‘‘shall not LIGATION.—On granting a waiver under ades of one-party rule, to which the Govern- clause (ii) that reduces the national quantity affect the volume of advanced biofuels ment of Cuba responded by beginning its own of renewable fuel required for a period to required under’’ the Renewable Fuel referendum that made Cuba’s socialist sys- which paragraph (3) applies, the Adminis- Standard. This will leave intact the ad- tem ‘‘irrevocable’’, even after an additional vanced biofuels production mandate trator shall adjust the renewable fuel obligation determined under paragraph (3) in pro- 14,000 signatures were added to the Varela which I believe is critical to growing portion to the reduction. Project petition; Whereas the Varela Project is the largest this still nascent and beneficial fuel ‘‘(v) NO EFFECT ON REQUIRED VOLUME OF AD- product to commercial viability. VANCED BIOFUEL.— civil society-led petition in the history of Because of corn’s many uses it has ‘‘(I) IN GENERAL.—A waiver granted under Cuba; become a commodity that is in high de- this subparagraph that reduces the national Whereas Oswaldo Paya´ Sardin˜ as bravely mand. Assuring our domestic food pro- quantity of renewable fuel required for a pe- led the Varela Project at great risk to him- ducers’ access to this valuable and in- riod shall not affect the volume of advanced self, his loved ones, and his associates; biofuel required under paragraph (2). Whereas, in March 2003, the Government of creasingly scarce crop is so important Cuba arrested 75 human rights activists, in- to controlling the cost of food in Amer- ‘‘(II) APPLICABILITY.—The Administrator shall not allow any volume of conventional cluding 25 members of the Varela Project, in ica and maintaining the economic via- biofuel to be used to satisfy the requirement the crackdown known as Cuba’s ‘‘Black bility of our U.S. food companies. I for advanced biofuel under paragraph (2). Spring’’; urge my colleagues to support U.S. ‘‘(vi) PUBLICATION.—The Administrator Whereas Oswaldo Paya´ Sardin˜ as’s dedica- food producers and families working to shall publish each waiver under clause (ii) in tion to freedom and faith earned him the put food on the table by co-sponsoring the Federal Register, including an expla- Sakarov Prize for Freedom of Thought from the Renewable Fuel Standard Flexi- nation of the basis for the waiver.’’. the European Parliament in 2002; Whereas Oswaldo Paya´ Sardin˜ as received bility Act. f Mr. President, I ask unanimous con- the W. Averell Harriman Democracy Award SUBMITTED RESOLUTIONS from the United States National Democratic sent that the text of the bill be printed Institute for International Affairs in 2003; in the RECORD. Whereas Oswaldo Paya´ Sardin˜ as was nomi- There being no objection, the text of nated for the Nobel Peace Prize by Va´ clav the bill was ordered to be printed in SENATE RESOLUTION 525—HON- Havel, the former president of the Czech Re- the RECORD, as follows: ORING THE LIFE AND LEGACY public, in 2005; and S. 3428 OF OSWALDO PAYA SARDINAS Whereas President Barack Obama stated, ‘‘We continue to be inspired by Paya´ ’s vision Be it enacted by the Senate and House of Rep- Mr. NELSON of Florida (for himself, and dedication to a better future for Cuba, resentatives of the United States of America in Mr. MENENDEZ, and Mr. RUBIO) sub- and believe that his example and moral lead- Congress assembled, mitted the following resolution; which ership will endure.’’: Now, therefore, be it SECTION 1. SHORT TITLE. was referred to the Committee on For- This Act may be cited as the ‘‘Renewable Resolved, That the Senate— eign Relations: Fuel Standard Flexibility Act’’. (1) recognizes and honors the life and ex- SEC. 2. PARTIAL WAIVER OF RENEWABLE FUEL S. RES. 525 emplary leadership of Oswaldo Paya´ STANDARD. Whereas, on Sunday, July 22, 2012, 60-year- Sardin˜ as; Section 211(o)(7) of the Clean Air Act (42 old Cuban dissident and activist Oswaldo (2) offers heartfelt condolences to the fam- U.S.C. 7545(o)(7)) is amended by adding at the Paya´ Sardin˜ as died in a car crash in ily, friends, and loved ones of Oswaldo Paya´ end the following: Bayamo, Cuba; Sardin˜ as; ‘‘(G) CONSIDERATION OF CORN INVEN- Whereas, at a young age, Oswaldo Paya´ (3) praises the bravery of Oswaldo Paya´ TORIES.— Sardin˜ as criticized the communist govern- Sardin˜ as and his colleagues for collecting ‘‘(i) DETERMINATIONS REGARDING CORN ment in Cuba, which led to his imprisonment more than 11,000 verified signatures in sup- STOCKS-TO-USE RATIO.—Not later than No- at a work camp on Cuba’s Isle of Youth in port of the Varela Project; vember 30 of each year, the Administrator 1969; (4) in memory of Oswaldo Paya´ Sardin˜ as, shall determine and publish the estimated Whereas, in 1988, Oswaldo Paya´ Sardin˜ as calls on the United States to continue poli- United States corn stocks-to-use ratio for founded the Christian Liberation Movement cies that promote respect for the funda- the applicable crop year— as a nondenominational political organiza- mental principles of religious freedom, de- ‘‘(I) in consultation with the Secretary of tion to further civic and human rights in mocracy, and human rights in Cuba, in a Agriculture; and Cuba; manner consistent with the aspirations of ‘‘(II) based on the most recent publication Whereas, in 1992, Oswaldo Paya´ Sardin˜ as the people of Cuba; of the World Agricultural Supply and De- announced his intention to run as a can- (5) in memory of Oswaldo Paya´ Sardin˜ as, mand Estimate or other similar authori- didate to be a representative on the National calls on the Government of Cuba to provide tative estimate issued or used by the Sec- Assembly of Popular Power of Cuba and, 2 its citizens with internationally accepted retary of Agriculture. days before the election, was detained by po- standards for civil and human rights and the ‘‘(ii) WAIVER.—Based on the most recent lice at his home and determined by Com- opportunity to vote in free and fair elec- determination of the Administrator under munist Party officials to be ineligible to run tions; and clause (i), the Administrator shall waive the for office because he was not a member of (6) calls on the Government of Cuba to requirements of paragraph (2) by reducing the Communist Party; allow an impartial, third-party investigation the national quantity of renewable fuel oth- Whereas, in 1997, Oswaldo Paya´ Sardin˜ as into the circumstances surrounding the erwise required for a period as follows: collected hundreds of signatures to support death of Oswaldo Paya´ Sardin˜ as.

VerDate Mar 15 2010 02:14 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.025 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5308 CONGRESSIONAL RECORD — SENATE July 24, 2012 SENATE RESOLUTION 526—DESIG- States have a long and honorable history as erans during the many conflicts faced by the NATING NOVEMBER 2012 AS bold and fierce warriors who, for the na- United States; ‘‘STOMACH CANCER AWARENESS tional security of the United States and the Whereas the history and achievements of MONTH’’ AND SUPPORTING EF- defense of freedom and peace, project the the members and former members of the ground combat power of the United States United States airborne forces warrant spe- FORTS TO EDUCATE THE PUBLIC by air transport to the far reaches of the bat- cial expressions of the gratitude of the peo- ABOUT STOMACH CANCER tle area and to the far corners of the world; ple of the United States; and Mr. KERRY (for himself, Ms. SNOWE, Whereas the experiment of the United Whereas, since the airborne forces, past Mr. DURBIN, and Mr. BROWN of Massa- States with airborne operations began on and present, celebrate August 16 as the anni- chusetts) submitted the following reso- June 25, 1940, when the Army Parachute Test versary of the first official jump by the lution; which was referred to the Com- Platoon was first authorized by the Depart- Army Parachute Test Platoon, August 16 is ment of War, and 48 volunteers began train- mittee on the Judiciary: an appropriate day to recognize as National ing in July 1940; Airborne Day: Now, therefore, be it S. RES. 526 Whereas August 16 marks the anniversary Resolved, That the Senate— Whereas stomach cancer is one of the most of the first official Army parachute jump, (1) designates August 16, 2012, as ‘‘National difficult cancers to detect and treat in the which took place on August 16, 1940, to test Airborne Day’’; and early stages of the disease, which contrib- the innovative concept of inserting United (2) calls on the people of the United States utes to high mortality rates and human suf- States ground combat forces behind a battle to observe National Airborne Day with ap- fering; line by means of a parachute; propriate programs, ceremonies, and activi- Whereas stomach cancer is the second- Whereas the success of the Army Para- ties. leading cause of cancer mortality in the chute Test Platoon in the days immediately world; before the entry of the United States into f Whereas, in 2011, an estimated 21,520 new World War II validated the airborne oper- SENATE RESOLUTION 528—RECOG- cases of stomach cancer were diagnosed in ational concept and led to the creation of a the United States; formidable force of airborne formations that NIZING THE 100TH ANNIVERSARY Whereas, in 2011, it was estimated that included the 11th, 13th, 17th, 82nd, and 101st OF THE AMERICAN PODIATRIC more than 10,000 people in the United States Airborne Divisions; MEDICAL ASSOCIATION, THE would die from stomach cancer; Whereas, included in those divisions, and PREEMINENT ORGANIZATION Whereas the estimated 5-year survival rate among other separate formations, were REPRESENTING PODIATRIC MED- for stomach cancer is only 28 percent; many airborne combat, combat support, and ICINE AND SURGERY, CELE- Whereas approximately 1 in 114 individuals combat service support units that served BRATING ITS ACHIEVEMENTS, will be diagnosed with stomach cancer dur- with distinction and achieved repeated suc- ing their lifetimes; cess in armed hostilities during World War AND ENCOURAGING THE ASSO- Whereas an inherited form of stomach can- II, and provide the lineage and legacy of CIATION TO CONTINUE PRO- cer carries a 67- to 83-percent risk that an in- many airborne units throughout the Armed VIDING GUIDANCE ON FOOT AND dividual will be diagnosed with stomach can- Forces; ANKLE HEALTH ISSUES TO THE cer by 80 years of age; Whereas the achievements of the airborne PEOPLE OF THE UNITED STATES Whereas, in the United States, stomach units during World War II prompted the evo- AND OF THE WORLD cancer is more prevalent among racial and lution of those units into a diversified force ethnic minorities; of parachute and air-assault units that, over Mr. CARDIN (for himself and Mr. Whereas better education for patients and the years, have fought in Korea, Vietnam, CHAMBLISS) submitted the following health care providers is needed for the time- Grenada, Panama, the Persian Gulf region, resolution; which was considered and ly recognition of stomach cancer risks and and Somalia, and have engaged in peace- agreed to: symptoms; keeping operations in Lebanon, the Sinai Pe- S. RES. 528 Whereas more research into effective early ninsula, the Dominican Republic, Haiti, Bos- diagnosis, screening, and treatment for nia, and Kosovo; Whereas, in 1912, Alfred Joseph was the stomach cancer is needed; and Whereas, since the terrorist attacks of driving force behind the establishment of the Whereas November 2012 is an appropriate September 11, 2001, the members of the National Association of Chiropodists (re- month to observe Stomach Cancer Aware- United States airborne forces, including ferred to as the ‘‘NAC’’ in this preamble), an ness Month: Now, therefore, be it members of the XVIII Airborne Corps, the organization dedicated to the needs and edu- Resolved, That the Senate— 82nd Airborne Division, the 101st Airborne cational standards of chiropodists and to ad- (1) designates November 2012 as ‘‘Stomach Division, the 173rd Airborne Brigade Combat vancing and advocating for the profession of Cancer Awareness Month’’; Team, the 4th Brigade Combat Team (Air- podiatric medicine and surgery for the ben- (2) supports efforts to educate the people of borne) of the 25th Infantry Division, the 75th efit of its members and the public, and was the United States about stomach cancer; Ranger Regiment, special operations forces elected the first president of the NAC; (3) recognizes the need for additional re- of the Army, Marine Corps, Navy, and Air Whereas, by 1922, most States had passed search into early diagnosis and treatment Force, and other units of the Armed Forces, laws regulating the professional practice of for stomach cancer; and have demonstrated bravery and honor in chiropody; (4) encourages the people of the United combat, stability, and training operations in Whereas, in 1922, the NAC began publishing States and interested groups to observe and Afghanistan and Iraq; the Journal of the National Association of support November 2012 as Stomach Cancer Whereas the modern-day airborne forces Chiropodists and the NAC’s Council on Edu- Awareness Month through appropriate pro- also include other elite forces composed of cation began its first college accreditation grams and activities to promote public airborne trained and qualified special oper- activities; awareness of, and potential treatments for, ations warriors, including Army Special Whereas, in 1943, the NAC ran an advertise- stomach cancer. Forces, Marine Corps Reconnaissance units, ment campaign in Life magazine high- f Navy SEALs, and Air Force combat control lighting the efforts of podiatrists to keep and para-rescue teams; United States soldiers marching; SENATE RESOLUTION 527—DESIG- Whereas, of the members and former mem- Whereas, in 1957, the NAC was renamed the NATING AUGUST 16, 2012, AS ‘‘NA- bers of the United States airborne forces, American Podiatry Association (referred to TIONAL AIRBORNE DAY’’ thousands have achieved the distinction of as the ‘‘APA’’ in this preamble); Ms. MURKOWSKI (for herself, Mr. making combat jumps, dozens have earned Whereas, in 1959, the APA established the the Medal of Honor, and hundreds have Educational Foundation to advance the REED of Rhode Island, Mr. BEGICH, Mr. earned the Distinguished Service Cross, the growth and stability of podiatric medicine REID of Nevada, Mr. CORKER, Mr. Silver Star, or other decorations and awards through student scholarships and increased INHOFE, Ms. SNOWE, Mr. LIEBERMAN, for displays of heroism, gallantry, intre- national awareness of foot and ankle health; Mr. COCHRAN, Mrs. MURRAY, Mr. CHAM- pidity, and valor; Whereas, in 1967, podiatric physicians were BLISS, Mr. WICKER, Mr. WHITEHOUSE, Whereas the members and former members included as covered providers under the Mr. BROWN of Massachusetts, Mrs. of the United States airborne forces are all Medicare program under title XVIII of the HUTCHISON, Mr. BAUCUS, Mr. TESTER, members of a proud and honorable tradition Social Security Act (42 U.S.C. 1395 et seq.); Mr. INOUYE, Ms. MIKULSKI, Ms. COL- that, together with the special skills and Whereas, in 1971, all the colleges of LINS, Mr. BLUMENTHAL, Mr. BURR, Mrs. achievements of those members, distin- podiatric medicine began granting the DPM HAGAN, and Mr. MCCONNELL) submitted guishes the members as intrepid combat (doctor of podiatric medicine) degree to stu- the following resolution; which was parachutists, air assault forces, special oper- dents graduating from 4 years of podiatric ation forces, and, in the past, glider troops; medical training; considered and agreed to: Whereas individuals from every State in Whereas, in 1984, the APA was renamed the S. RES. 527 the United States have served gallantly in American Podiatric Medical Association to Whereas the members of the airborne the airborne forces, and each State is proud emphasize the profession as part of main- forces of the Armed Forces of the United of the contributions of its paratrooper vet- stream medical practice;

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Whereas the American Podiatric Medical an amendment intended to be proposed Association regularly hosts medical and sci- BERMAN, Mr. LUGAR, Mr. MANCHIN, Mr. by her to the bill S. 3412, to amend the entific meetings dedicated to highlighting MCCAIN, Mrs. MCCASKILL, Mr. MENEN- Internal Revenue Code of 1986 to pro- and disseminating research findings and DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. vide tax relief to middle-class families; clinical advances in the prevention, detec- MORAN, Ms. MURKOWSKI, Mrs. MURRAY, which was ordered to lie on the table; tion, treatment, and cure of foot, ankle, and Mr. NELSON of Nebraska, Mr. NELSON of related conditions; as follows: Florida, Mr. PAUL, Mr. PORTMAN, Mr. Whereas the American Podiatric Medical At the end, add the following: Association continues to meet its clinical PRYOR, Mr. REED of Rhode Island, Mr. TITLE IV—PERMANENT TAX RELIEF and scientific mission through the publica- RISCH, Mr. ROBERTS, Mr. ROCKEFELLER, tion of academic journals and clinical state- Mr. RUBIO, Mr. SANDERS, Mr. SCHUMER, SEC. 401. REPEAL OF SUNSET ON MARRIAGE PEN- ments on the prevention, diagnosis, treat- Mr. SESSIONS, Mrs. SHAHEEN, Mr. ALTY RELIEF. Title IX of the Economic Growth and Tax ment, and cure of foot and ankle disorders, SHELBY, Ms. SNOWE, Ms. STABENOW, Mr. as well as through the provision of con- Relief Reconciliation Act of 2001 (relating to TESTER, Mr. THUNE, Mr. TOOMEY, Mr. sunset of provisions of such Act) shall not tinuing medical education in foot and ankle UDALL of New Mexico, Mr. VITTER, Mr. care and through consumer education on apply to sections 301, 302, and 303(a) of such WARNER, Mr. WEBB, Mr. WHITEHOUSE, foot and ankle health; Act (relating to marriage penalty relief). Whereas feet often reveal indicators of Mr. WICKER, and Mr. WYDEN) submitted overall health, including signs of arthritis, the following concurrent resolution; SA 2569. Mrs. HUTCHISON submitted diabetes, and nerve and circulatory dis- which was referred to the Committee an amendment intended to be proposed orders; on the Judiciary: by her to the bill S. 3412, to amend the Whereas medically necessary care provided S. CON. RES. 53 Internal Revenue Code of 1986 to pro- by podiatrists can reduce the risk of and pre- Whereas, on July 20, 2012, an armed gun- vide tax relief to middle-class families; vent complications from these conditions man opened fire at a movie theater in Au- which was ordered to lie on the table; and diseases, while at the same time offer rora, Colorado, killing 12 people and wound- as follows: savings to the heavily burdened health care ing 58 others; At the end, add the following: system of the United States; and Whereas many individuals at the theater TITLE IV—PERMANENT TAX RELIEF Whereas the American Podiatric Medical selflessly sought to aid and protect others Association has a long tradition of working without regard for their own safety; SEC. 401. PERMANENT EXTENSION OF DEDUC- in collaboration with the Federal Govern- TION FOR STATE AND LOCAL GEN- Whereas the Aurora Police Department ERAL SALES TAXES. ment to improve the foot and ankle health of and the Aurora Fire Department quickly and (a) IN GENERAL.—Subparagraph (I) of sec- all people of the United States: Now, there- bravely acted to prevent the additional loss fore, be it tion 164(b)(5) of the Internal Revenue Code of of life; and 1986 is amended by striking ‘‘, and before Resolved, That the Senate— Whereas local, State, and Federal law en- (1) recognizes the scientific, clinical, and January 1, 2012’’. forcement, firefighters, and medical service (b) EFFECTIVE DATE.—The amendment public health achievements of the American professionals performed their duties with ut- Podiatric Medical Association as its mem- made by this section shall apply to taxable most skill and coordination: Now, therefore, years beginning after December 31, 2011. bers and staff commemorate and celebrate be it its 100th anniversary; Resolved by the Senate (the House of Rep- SA 2570. Mrs. HUTCHISON (for her- (2) recognizes the great impact that the resentatives concurring), That Congress— self, Mr. BOOZMAN, Mr. BURR, Mr. American Podiatric Medical Association has (1) condemns, in the strongest possible had on improving the foot and ankle and re- terms, the heinous atrocities that occurred COBURN, and Mr. PORTMAN) submitted lated health of people in the United States in Aurora, Colorado; an amendment intended to be proposed and around the world; and (2) offers condolences to the families, by her to the bill S. 3412, to amend the (3) congratulates the American Podiatric friends, and loved ones of those who were Internal Revenue Code of 1986 to pro- Medical Association for its achievements killed in the shooting; vide tax relief to middle-class families; and encourages the organization to continue (3) expresses hope for the rapid and com- providing scientific guidance on foot and which was ordered to lie on the table; plete recovery of the wounded; as follows: ankle and related health issues to improve (4) applauds the hard work and dedication the public health of future generations. exhibited by the hundreds of local, State, At the end, add the following: f and Federal officials and other individuals TITLE IV—PERMANENT TAX RELIEF SENATE CONCURRENT RESOLU- who offered support and assistance; and SEC. 401. REPEAL OF CERTAIN LIMITATIONS ON (5) honors the resilience of the community HEALTH CARE BENEFITS. TION 53—HONORING THE VICTIMS of the City of Aurora and the State of Colo- (a) REPEAL OF DISTRIBUTIONS FOR MEDICINE OF THE AURORA, COLORADO, rado in the face of incredible adversity. QUALIFIED ONLY IF FOR PRESCRIBED DRUG OR MOVIE THEATER SHOOTING AND f INSULIN.— CONDEMNING THE ATROCITIES (1) HSAS.—Section 223(d)(2)(A) of the Inter- THAT OCCURRED IN AURORA, AMENDMENTS SUBMITTED AND nal Revenue Code of 1986 is amended by COLORADO PROPOSED striking the last sentence thereof. (2) ARCHER MSAS.—Section 220(d)(2)(A) of Mr. UDALL of Colorado (for himself, SA 2568. Mrs. HUTCHISON submitted an amendment intended to be proposed by her such Code is amended by striking the last Mr. BENNET, Mr. REID of Nevada, Mr. to the bill S. 3412, to amend the Internal sentence thereof. MCCONNELL, Mr. AKAKA, Mr. ALEX- Revenue Code of 1986 to provide tax relief to (3) HEALTH FLEXIBLE SPENDING ARRANGE- ANDER, Ms. AYOTTE, Mr. BARRASSO, Mr. middle-class families; which was ordered to MENTS AND HEALTH REIMBURSEMENT ARRANGE- BAUCUS, Mr. BEGICH, Mr. BINGAMAN, lie on the table. MENTS.—Section 106 of such Code is amended Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- SA 2569. Mrs. HUTCHISON submitted an by striking subsection (f). (4) EFFECTIVE DATE.— MAN, Mrs. BOXER, Mr. BROWN of Massa- amendment intended to be proposed by her (A) DISTRIBUTIONS FROM SAVINGS AC- chusetts, Mr. BROWN of Ohio, Mr. BURR, to the bill S. 3412, supra; which was ordered to lie on the table. COUNTS.—The amendments made by para- Ms. CANTWELL, Mr. CARDIN, Mr. CAR- SA 2570. Mrs. HUTCHISON (for herself, Mr. graphs (1) and (2) shall apply to amounts PER, Mr. CASEY, Mr. CHAMBLISS, Mr. BOOZMAN, Mr. BURR, Mr. COBURN, and Mr. paid with respect to taxable years beginning COATS, Mr. COBURN, Mr. COCHRAN, Ms. PORTMAN) submitted an amendment intended after December 31, 2011. COLLINS, Mr. CONRAD, Mr. COONS, Mr. to be proposed by her to the bill S. 3412, (B) REIMBURSEMENTS.—The amendment CORKER, Mr. CORNYN, Mr. CRAPO, Mr. supra; which was ordered to lie on the table. made by paragraph (3) shall apply to ex- DEMINT, Mr. DURBIN, Mr. ENZI, Mrs. SA 2571. Mrs. SHAHEEN (for herself and penses incurred with respect to taxable years beginning after December 31, 2011. FEINSTEIN, Mr. FRANKEN, Mrs. GILLI- Mr. PORTMAN) submitted an amendment intended to be proposed by her to the bill S. (b) REPEAL OF LIMITATION ON HEALTH BRAND, Mr. GRAHAM, Mr. GRASSLEY, 3412, supra; which was ordered to lie on the FLEXIBLE SPENDING ARRANGEMENTS UNDER Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, table. CAFETERIA PLANS.— Mr. HELLER, Mr. HOEVEN, Mrs. SA 2572. Ms. COLLINS submitted an (1) IN GENERAL.—Section 125 of the Internal HUTCHISON, Mr. INHOFE, Mr. INOUYE, amendment intended to be proposed by her Revenue Code of 1986 is amended by striking

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subsection (i) and by redesignating sub- ‘‘(ii) the targets established under section ‘‘(5) VALIDATION BY SECRETARY.—Not later sections (j) through (l) as subsections (i) 307(b)(2). than 90 days after a State or Indian tribe through (k), respectively. ‘‘(C) NO MODEL BUILDING ENERGY CODE UP- certification under paragraph (1), the Sec- (2) EFFECTIVE DATE.—The amendments DATE.—If a model building energy code is not retary shall— made by this subsection shall apply to tax- updated by a target date established under ‘‘(A) determine whether the State or In- able years beginning after December 31, 2012. section 307(b)(2)(D), each State or Indian dian tribe has demonstrated meeting the cri- tribe shall, not later than 2 years after the teria of this subsection, including accurate SA 2571. Mrs. SHAHEEN (for herself specified date, certify whether or not the measurement of compliance; and and Mr. PORTMAN) submitted an State or Indian tribe, respectively, has re- ‘‘(B) if the determination is positive, vali- amendment intended to be proposed by viewed and updated the energy provisions of date the certification. her to the bill S. 3412, to amend the In- the building code of the State or Indian ‘‘(d) STATES OR INDIAN TRIBES THAT DO NOT tribe, respectively, to meet or exceed the ACHIEVE COMPLIANCE.— ternal Revenue Code of 1986 to provide target in section 307(b)(2). tax relief to middle-class families; ‘‘(1) REPORTING.—A State or Indian tribe ‘‘(2) VALIDATION BY SECRETARY.—Not later that has not made a certification required which was ordered to lie on the table; than 90 days after a State or Indian tribe under subsection (b) or (c) by the applicable as follows: certification under paragraph (1), the Sec- deadline shall submit to the Secretary a re- After title II, insert the following: retary shall— port on— ‘‘(A) determine whether the code provi- TITLE III—ENERGY SAVINGS AND ‘‘(A) the status of the State or Indian tribe sions of the State or Indian tribe, respec- INDUSTRIAL COMPETITIVENESS with respect to meeting the requirements tively, meet the criteria specified in para- and submitting the certification; and SEC. 301. SHORT TITLE. graph (1); and ‘‘(B) a plan for meeting the requirements This title may be cited as the ‘‘Energy ‘‘(B) if the determination is positive, vali- and submitting the certification. Savings and Industrial Competitiveness Act date the certification. ‘‘(2) FEDERAL SUPPORT.—For any State or of 2012’’. ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH Indian tribe for which the Secretary has not BUILDING ENERGY CODES.— Subtitle A—Buildings validated a certification by a deadline under ‘‘(1) REQUIREMENT.— PART I—BUILDING ENERGY CODES subsection (b) or (c), the lack of the certifi- ‘‘(A) IN GENERAL.—Not later than 3 years cation may be a consideration for Federal SEC. 311. GREATER ENERGY EFFICIENCY IN after the date of a certification under sub- support authorized under this section for BUILDING CODES. section (b), each State and Indian tribe shall code adoption and compliance activities. (a) DEFINITIONS.—Section 303 of the Energy certify whether or not the State and Indian OCAL GOVERNMENT.—In any State or Conservation and Production Act (42 U.S.C. tribe, respectively, has— ‘‘(3) L 6832) is amended— ‘‘(i) achieved full compliance under para- Indian tribe for which the Secretary has not (1) by striking paragraph (14) and inserting graph (3) with the applicable certified State validated a certification under subsection (b) the following: and Indian tribe building energy code or with or (c), a local government may be eligible for ‘‘(14) MODEL BUILDING ENERGY CODE.—The the associated model building energy code; Federal support by meeting the certification term ‘model building energy code’ means a or requirements of subsections (b) and (c). voluntary building energy code and stand- ‘‘(ii) made significant progress under para- ‘‘(4) ANNUAL REPORTS BY SECRETARY.— ards developed and updated through a con- graph (4) toward achieving compliance with ‘‘(A) IN GENERAL.—The Secretary shall an- sensus process among interested persons, the applicable certified State and Indian nually submit to Congress, and publish in such as the IECC or the code used by— tribe building energy code or with the associ- the Federal Register, a report on— ‘‘(A) the Council of American Building Of- ated model building energy code. ‘‘(i) the status of model building energy ficials; ‘‘(B) REPEAT CERTIFICATIONS.—If the State codes; ‘‘(B) the American Society of Heating, Re- or Indian tribe certifies progress toward ‘‘(ii) the status of code adoption and com- frigerating, and Air-Conditioning Engineers; achieving compliance, the State or Indian pliance in the States and Indian tribes; or tribe shall repeat the certification until the ‘‘(iii) implementation of this section; and ‘‘(C) other appropriate organizations.’’; and State or Indian tribe certifies that the State ‘‘(iv) improvements in energy savings over (2) by adding at the end the following: or Indian tribe has achieved full compliance, time as result of the targets established ‘‘(17) IECC.—The term ‘IECC’ means the respectively. under section 307(b)(2). International Energy Conservation Code. ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer- ‘‘(B) IMPACTS.—The report shall include es- ‘‘(18) INDIAN TRIBE.—The term ‘Indian tification under paragraph (1) shall include timates of impacts of past action under this tribe’ has the meaning given the term in sec- documentation of the rate of compliance section, and potential impacts of further action 4 of the Native American Housing As- based on— tion, on— sistance and Self-Determination Act of 1996 ‘‘(A) independent inspections of a random ‘‘(i) upfront financial and construction (25 U.S.C. 4103).’’. sample of the buildings covered by the code costs, cost benefits and returns (using in- (b) STATE BUILDING ENERGY EFFICIENCY in the preceding year; or vestment analysis), and lifetime energy use CODES.—Section 304 of the Energy Conserva- ‘‘(B) an alternative method that yields an for buildings; tion and Production Act (42 U.S.C. 6833) is accurate measure of compliance. ‘‘(ii) resulting energy costs to individuals amended to read as follows: ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State and businesses; and ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY or Indian tribe shall be considered to achieve ‘‘(iii) resulting overall annual building EFFICIENCY CODES. full compliance under paragraph (1) if— ownership and operating costs. ‘‘(a) IN GENERAL.—The Secretary shall— ‘‘(A) at least 90 percent of building space ‘‘(e) TECHNICAL ASSISTANCE TO STATES AND ‘‘(1) encourage and support the adoption of covered by the code in the preceding year INDIAN TRIBES.—The Secretary shall provide building energy codes by States, Indian substantially meets all the requirements of technical assistance to States and Indian tribes, and, as appropriate, by local govern- the applicable code specified in paragraph tribes to implement the goals and requirements that meet or exceed the model build- (1), or achieves equivalent or greater energy ments of this section, including procedures ing energy codes, or achieve equivalent or savings level; or and technical analysis for States and Indian greater energy savings; and ‘‘(B) the estimated excess energy use of tribes— ‘‘(2) support full compliance with the State buildings that did not meet the applicable ‘‘(1) to improve and implement State resi- and local codes. code specified in paragraph (1) in the pre- dential and commercial building energy ‘‘(b) STATE AND INDIAN TRIBE CERTIFI- ceding year, compared to a baseline of com- codes; CATION OF BUILDING ENERGY CODE UPDATES.— parable buildings that meet this code, is not ‘‘(2) to demonstrate that the code provi- ‘‘(1) REVIEW AND UPDATING OF CODES BY more than 5 percent of the estimated energy sions of the States and Indian tribes achieve EACH STATE AND INDIAN TRIBE.— use of all buildings covered by this code dur- equivalent or greater energy savings than ‘‘(A) IN GENERAL.—Not later than 2 years ing the preceding year. the model building energy codes and targets; after the date on which a model building en- ‘‘(4) SIGNIFICANT PROGRESS TOWARD ‘‘(3) to document the rate of compliance ergy code is updated, each State or Indian ACHIEVEMENT OF COMPLIANCE.—A State or In- with a building energy code; and tribe shall certify whether or not the State dian tribe shall be considered to have made ‘‘(4) to otherwise promote the design and or Indian tribe, respectively, has reviewed significant progress toward achieving com- construction of energy efficient buildings. and updated the energy provisions of the pliance for purposes of paragraph (1) if the ‘‘(f) AVAILABILITY OF INCENTIVE FUNDING.— building code of the State or Indian tribe, re- State or Indian tribe— ‘‘(1) IN GENERAL.—The Secretary shall pro- spectively. ‘‘(A) has developed and is implementing a vide incentive funding to States and Indian ‘‘(B) DEMONSTRATION.—The certification plan for achieving compliance during the 8- tribes— shall include a demonstration of whether or year-period beginning on the date of enact- ‘‘(A) to implement the requirements of this not the energy savings for the code provi- ment of this paragraph, including annual section; sions that are in effect throughout the State targets for compliance and active training ‘‘(B) to improve and implement residential or Indian tribal territory meet or exceed— and enforcement programs; and and commercial building energy codes, in- ‘‘(i) the energy savings of the updated ‘‘(B) has met the most recent target under cluding increasing and verifying compliance model building energy code; or subparagraph (A). with the codes and training of State, tribal,

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and local building code officials to imple- (d) MODEL BUILDING ENERGY CODES.—Sec- ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab- ment and enforce the codes; and tion 307 of the Energy Conservation and Pro- lishing and revising building code targets ‘‘(C) to promote building energy efficiency duction Act (42 U.S.C. 6836) is amended to under paragraph (2), the Secretary shall con- through the use of the codes. read as follows: sider the economic feasibility of achieving ‘‘(2) ADDITIONAL FUNDING.—Additional ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING EN- the proposed targets established under this funding shall be provided under this sub- ERGY CODES. section and the potential costs and savings section for implementation of a plan to ‘‘(a) IN GENERAL.—The Secretary shall sup- for consumers and building owners, including achieve and document full compliance with port the updating of model building energy a return on investment analysis. residential and commercial building energy codes. ‘‘(c) TECHNICAL ASSISTANCE TO MODEL codes under subsection (c)— ‘‘(b) TARGETS.— ‘‘(A) to a State or Indian tribe for which BUILDING ENERGY CODE-SETTING AND STAND- ‘‘(1) IN GENERAL.—The Secretary shall sup- ARD DEVELOPMENT ORGANIZATIONS.— the Secretary has validated a certification port the updating of the model building en- ‘‘(1) IN GENERAL.—The Secretary shall, on a under subsection (b) or (c); and ergy codes to enable the achievement of ag- timely basis, provide technical assistance to ‘‘(B) in a State or Indian tribe that is not gregate energy savings targets established model building energy code-setting and eligible under subparagraph (A), to a local under paragraph (2). government that is eligible under this sec- standard development organizations con- ‘‘(2) TARGETS.— tion. sistent with the goals of this section. ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(3) TRAINING.—Of the amounts made ‘‘(2) ASSISTANCE.—The assistance shall in- work with State, Indian tribes, local govern- available under this subsection, the State clude, as requested by the organizations, ments, nationally recognized code and stand- may use amounts required, but not to exceed technical assistance in— ards developers, and other interested parties $750,000 for a State, to train State and local ‘‘(A) evaluating code or standards pro- to support the updating of model building building code officials to implement and en- posals or revisions; energy codes by establishing 1 or more ag- force codes described in paragraph (2). gregate energy savings targets to achieve ‘‘(B) building energy analysis and design ‘‘(4) LOCAL GOVERNMENTS.—States may the purposes of this section. tools; share grants under this subsection with local ‘‘(C) building demonstrations; ‘‘(B) SEPARATE TARGETS.—The Secretary governments that implement and enforce the ‘‘(D) developing definitions of energy use codes. may establish separate targets for commercial and residential buildings. intensity and building types for use in model ‘‘(g) STRETCH CODES AND ADVANCED STAND- building energy codes to evaluate the effi- ARDS.— ‘‘(C) BASELINES.—The baseline for updating model building energy codes shall be the 2009 ciency impacts of the model building energy ‘‘(1) IN GENERAL.—The Secretary shall pro- codes; vide technical and financial support for the IECC for residential buildings and ASHRAE Standard 90.1–2010 for commercial buildings. ‘‘(E) performance-based standards; development of stretch codes and advanced ‘‘(F) evaluating economic considerations ‘‘(D) SPECIFIC YEARS.— standards for residential and commercial under subsection (b)(4); and ‘‘(i) IN GENERAL.—Targets for specific years buildings for use as— ‘‘(G) developing model building energy ‘‘(A) an option for adoption as a building shall be established and revised by the Sec- retary through rulemaking and coordinated codes by Indian tribes in accordance with energy code by local, tribal, or State govern- tribal law. ments; and with nationally recognized code and stand- ‘‘(3) AMENDMENT PROPOSALS.—The Sec- ‘‘(B) guidelines for energy-efficient build- ards developers at a level that— ‘‘(I) is at the maximum level of energy effi- retary may submit timely model building ing design. energy code amendment proposals to the ARGETS.—The stretch codes and ad- ciency that is technologically feasible and ‘‘(2) T model building energy code-setting and vanced standards shall be designed— life-cycle cost effective, while accounting for standard development organizations, with ‘‘(A) to achieve substantial energy savings the economic considerations under para- supporting evidence, sufficient to enable the compared to the model building energy graph (4); model building energy codes to meet the tar- codes; and ‘‘(II) is higher than the preceding target; gets established under subsection (b)(2). ‘‘(B) to meet targets under section 307(b), if and ‘‘(4) ANALYSIS METHODOLOGY.—The Sec- available, at least 3 to 6 years in advance of ‘‘(III) promotes the achievement of com- retary shall make publicly available the en- the target years. mercial and residential high-performance tire calculation methodology (including ‘‘(h) STUDIES.—The Secretary, in consulta- buildings through high performance energy tion with building science experts from the efficiency (within the meaning of section 401 input assumptions and data) used by the Sec- National Laboratories and institutions of of the Energy Independence and Security Act retary to estimate the energy savings of code higher education, designers and builders of of 2007 (42 U.S.C. 17061)). or standard proposals and revisions. energy-efficient residential and commercial ‘‘(ii) INITIAL TARGETS.—Not later than 1 ‘‘(d) DETERMINATION.— buildings, code officials, and other stake- year after the date of enactment of this ‘‘(1) REVISION OF MODEL BUILDING ENERGY holders, shall undertake a study of the feasi- clause, the Secretary shall establish initial CODES.—If the provisions of the IECC or bility, impact, economics, and merit of— targets under this subparagraph. ASHRAE Standard 90.1 regarding building ‘‘(1) code improvements that would require ‘‘(iii) DIFFERENT TARGET YEARS.—Subject energy use are revised, the Secretary shall that buildings be designed, sited, and con- to clause (i), prior to the applicable year, the make a preliminary determination not later structed in a manner that makes the build- Secretary may set a later target year for any than 90 days after the date of the revision, ings more adaptable in the future to become of the model building energy codes described and a final determination not later than 15 zero-net-energy after initial construction, as in subparagraph (A) if the Secretary deter- months after the date of the revision, on advances are achieved in energy-saving tech- mines that a target cannot be met. whether or not the revision will— nologies; ‘‘(iv) SMALL BUSINESS.—When establishing ‘‘(A) improve energy efficiency in buildings ‘‘(2) code procedures to incorporate meas- targets under this paragraph through rule- compared to the existing model building en- ured lifetimes, not just first-year energy use, making, the Secretary shall ensure compli- ergy code; and in trade-offs and performance calculations; ance with the Small Business Regulatory ‘‘(B) meet the applicable targets under sub- and Enforcement Fairness Act of 1996 (5 U.S.C. section (b)(2). ‘‘(3) legislative options for increasing en- 601 note; Public Law 104–121). ‘‘(2) CODES OR STANDARDS NOT MEETING TAR- ergy savings from building energy codes, in- ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC- GETS.— cluding additional incentives for effective TORS AFFECTING BUILDING ENERGY USE.—In es- ‘‘(A) IN GENERAL.—If the Secretary makes State and local action, and verification of tablishing building code targets under para- a preliminary determination under para- compliance with and enforcement of a code graph (2), the Secretary shall develop and ad- graph (1)(B) that a code or standard does not other than by a State or local government. just the targets in recognition of potential meet the targets established under sub- ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in savings and costs relating to— section (b)(2), the Secretary may at the same this section or section 307 supersedes or ‘‘(A) efficiency gains made in appliances, time provide the model building energy code modifies the application of sections 321 lighting, windows, insulation, and building or standard developer with proposed changes through 346 of the Energy Policy and Con- envelope sealing; that would result in a model building energy servation Act (42 U.S.C. 6291 et seq.). ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) advancement of distributed genera- code that meets the targets and with sup- There are authorized to be appropriated to tion and on-site renewable power generation porting evidence, taking into consider- carry out this section and section 307 technologies; ation— $200,000,000, to remain available until ex- ‘‘(C) equipment improvements for heating, ‘‘(i) whether the modified code is tech- pended.’’. cooling, and ventilation systems; nically feasible and life-cycle cost effective; (c) FEDERAL BUILDING ENERGY EFFICIENCY ‘‘(D) building management systems and ‘‘(ii) available appliances, technologies, STANDARDS.—Section 305 of the Energy Con- SmartGrid technologies to reduce energy materials, and construction practices; and servation and Production Act (42 U.S.C. 6834) use; and ‘‘(iii) the economic considerations under is amended by striking ‘‘voluntary building ‘‘(E) other technologies, practices, and subsection (b)(4). energy code’’ each place it appears in sub- building systems that the Secretary con- ‘‘(B) INCORPORATION OF CHANGES.— sections (a)(2)(B) and (b) and inserting siders appropriate regarding building plug ‘‘(i) IN GENERAL.—On receipt of the pro- ‘‘model building energy code’’. load and other energy uses. posed changes, the model building energy

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code or standard developer shall have an ad- ‘‘(1) CREDIT SUPPORT.—The term ‘credit ‘‘(V) analysis of historic and anticipated ditional 270 days to accept or reject the pro- support’ means a guarantee or commitment occupancy levels and rental income of an eli- posed changes of the Secretary to the model to issue a guarantee or other forms of credit gible building; building energy code or standard for the Sec- enhancement to ameliorate risks for effi- ‘‘(VI) requirements of third-party contrac- retary to make a final determination. ciency obligations. tors to guarantee energy savings that will ‘‘(ii) FINAL DETERMINATION.—A final deter- ‘‘(2) EFFICIENCY OBLIGATION.—The term ‘ef- result from a retrofit project, and whether fi- mination under paragraph (1) shall be on the ficiency obligation’ means a debt or repay- nancing on the efficiency obligation will am- modified model building energy code or ment obligation incurred in connection with ortize from the energy savings; standard. financing a project, or a portfolio of such ‘‘(VII) requirements that the retrofit ‘‘(e) ADMINISTRATION.—In carrying out this debt or payment obligations. project incorporate protocols to measure and section, the Secretary shall— ‘‘(3) PROJECT.—The term ‘project’ means verify energy savings; and ‘‘(1) publish notice of targets and sup- the installation and implementation of effi- ‘‘(VIII) recovery of payments equally by porting analysis and determinations under ciency, advanced metering, distributed gen- the Secretary and the retrofit. this section in the Federal Register to pro- eration, or renewable energy technologies ‘‘(3) EFFICIENCY OBLIGATIONS.—The financ- vide an explanation of and the basis for such and measures in a building (or in multiple ing mechanisms qualified by the Secretary actions, including any supporting modeling, buildings on a given property) that are ex- under paragraph (2)(B) may include— data, assumptions, protocols, and cost-ben- pected to increase the energy efficiency of ‘‘(A) loans, including loans made by the efit analysis, including return on invest- the building (including fixtures) in accord- Federal Financing Bank; ment; and ance with criteria established by the Sec- ‘‘(B) power purchase agreements, including ‘‘(2) provide an opportunity for public com- retary. energy efficiency power purchase agreement on targets and supporting analysis and ‘‘(b) ELIGIBLE PROJECTS.— ments; determinations under this section. ‘‘(1) IN GENERAL.—Notwithstanding sec- ‘‘(C) energy services agreements, including ‘‘(f) VOLUNTARY CODES AND STANDARDS.— tions 1703 and 1705, the Secretary may pro- energy performance contracts; Nothwithstanding any other provision of vide credit support under this section, in ac- ‘‘(D) property assessed clean energy bonds this section, any model building code or cordance with section 1702. and other tax assessment-based financing standard established under this section shall ‘‘(2) INCLUSIONS.—Buildings eligible for mechanisms; not be binding on a State, local government, credit support under this section include ‘‘(E) aggregate on-meter agreements that or Indian tribe as a matter of Federal law.’’. commercial, multifamily residential, indus- finance retrofit projects; and PART II—WORKER TRAINING AND trial, municipal, government, institution of ‘‘(F) any other efficiency obligations the CAPACITY BUILDING higher education, school, and hospital facili- Secretary determines to be appropriate. ‘‘(4) PRIORITIES.—In carrying out this sec- SEC. 321. BUILDING TRAINING AND ASSESSMENT ties that satisfy criteria established by the CENTERS. Secretary. tion, the Secretary shall prioritize— ‘‘(A) the maximization of energy savings (a) IN GENERAL.—The Secretary of Energy ‘‘(c) GUIDELINES.— with the available credit support funding; shall provide grants to institutions of higher ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(B) the establishment of a clear applica- education (as defined in section 101 of the after the date of enactment of this section, tion and approval process that allows private Higher Education Act of 1965 (20 U.S.C. 1001)) the Secretary shall— building owners, lenders, and investors to and Tribal Colleges or Universities (as de- ‘‘(A) establish guidelines for credit support reasonably expect to receive credit support fined in section 316(b) of that Act (20 U.S.C. provided under this section; and for projects that conform to guidelines; 1059c(b)) to establish building training and ‘‘(B) publish the guidelines in the Federal ‘‘(C) the distribution of projects receiving assessment centers— Register; and credit support under this section across (1) to identify opportunities for optimizing ‘‘(C) provide for an opportunity for public States or geographical regions of the United energy efficiency and environmental per- comment on the guidelines. States; and formance in buildings; ‘‘(2) REQUIREMENTS.—The guidelines estab- ‘‘(D) projects designed to achieve whole- (2) to promote the application of emerging lished by the Secretary under this subsection building retrofits. concepts and technologies in commercial and shall include— institutional buildings; ‘‘(d) LIMITATION.—Notwithstanding section ‘‘(A) standards for assessing the energy 1702(c), the Secretary shall not issue credit (3) to train engineers, architects, building savings that could reasonably be expected to support under this section in an amount that scientists, building energy permitting and result from a project; exceeds— enforcement officials, and building techni- ‘‘(B) examples of financing mechanisms ‘‘(1) 90 percent of the principal amount of cians in energy-efficient design and oper- (and portfolios of such financing mecha- the efficiency obligation that is the subject ation; nisms) that qualify as efficiency obligations; of the credit support; or (4) to assist institutions of higher edu- ‘‘(C) the threshold levels of energy savings ‘‘(2) $10,000,000 for any single project. cation and Tribal Colleges or Universities in that a project, at the time of issuance of ‘‘(e) AGGREGATION OF PROJECTS.—To the training building technicians; credit support, shall be reasonably expected extent provided in the guidelines developed (5) to promote research and development to achieve to be eligible for credit support; in accordance with subsection (c), the Sec- for the use of alternative energy sources and ‘‘(D) the eligibility criteria the Secretary retary may issue credit support on a port- distributed generation to supply heat and determines to be necessary for making credit folio, or pool of projects, that are not re- power for buildings, particularly energy-in- support available under this section; and quired to be geographically contiguous, if tensive buildings; and ‘‘(E) notwithstanding subsections (d)(3) and each efficiency obligation in the pool fulfills (6) to coordinate with and assist State-ac- (g)(2)(B) of section 1702, any lien priority re- the requirements described in this section. credited technical training centers, commu- quirements that the Secretary determines to ‘‘(f) APPLICATION.— nity colleges, Tribal Colleges or Universities, be necessary, in consultation with the Direc- ‘‘(1) IN GENERAL.—To be eligible to receive and local offices of the National Institute of tor of the Office of Management and Budget, credit support under this section, the appli- Food and Agriculture and ensure appropriate which may include— cant shall submit to the Secretary an appli- services are provided under this section to ‘‘(i) requirements to preserve priority lien cation at such time, in such manner, and each region of the United States. status of secured lenders and creditors in containing such information as the Sec- (b) COORDINATION AND NONDUPLICATION.— buildings eligible for credit support; retary determines to be necessary. (1) IN GENERAL.—The Secretary shall co- ‘‘(ii) remedies available to the Secretary ‘‘(2) CONTENTS.—An application submitted ordinate the program with the Industrial As- under chapter 176 of title 28, United States under this section shall include assurances sessment Centers program and with other Code, in the event of default on the effi- by the applicant that— Federal programs to avoid duplication of ef- ciency obligation by the borrower; and ‘‘(A) each contractor carrying out the fort. ‘‘(iii) measures to limit the exposure of the project meets minimum experience level cri- (2) COLLOCATION.—To the maximum extent Secretary to financial risk in the event of teria, including local retrofit experience, as practicable, building, training, and assess- default, such as— determined by the Secretary; ment centers established under this section ‘‘(I) the collection of a credit subsidy fee ‘‘(B) the project is reasonably expected to shall be collocated with Industrial Assess- from the borrower as a loan loss reserve, achieve energy savings, as set forth in the ment Centers. taking into account the limitation on credit application using any methodology that Subtitle B—Building Efficiency Finance support under subsection (d); meets the standards described in the pro- SEC. 331. LOAN PROGRAM FOR ENERGY EFFI- ‘‘(II) minimum debt-to-income levels of the gram guidelines; CIENCY UPGRADES TO EXISTING borrower; ‘‘(C) the project meets any technical cri- BUILDINGS. ‘‘(III) minimum levels of value relative to teria described in the program guidelines; Title XVII of the Energy Policy Act of 2005 outstanding mortgage or other debt on a ‘‘(D) the recipient of the credit support and (42 U.S.C. 16511 et seq.) is amended by adding building eligible for credit support; the parties to the efficiency obligation will at the end the following: ‘‘(IV) allowable thresholds for the percent provide the Secretary with— ‘‘SEC. 1706. BUILDING RETROFIT FINANCING PRO- of the efficiency obligation relative to the ‘‘(i) any information the Secretary re- GRAM. amount of any mortgage or other debt on an quests to assess the energy savings that re- ‘‘(a) DEFINITIONS.—In this section: eligible building; sult from the project, including historical

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.030 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5313 energy usage data, a simulation-based ‘‘(A) reduce systems energy intensity, in- ‘‘(B) the commitment to provide non-Fed- benchmark, and detailed descriptions of the cluding the use of energy-intensive feed- eral funds in accordance with paragraph building work, as described in the program stocks; and (2)(D); guidelines; and ‘‘(B) improve the industrial competitive- ‘‘(C) program sustainability over a 10-year ‘‘(ii) permission to access information re- ness of the United States. period; lating to building operations and usage for ‘‘(2) ELIGIBLE LENDERS.—To be eligible to ‘‘(D) the capability of the applicant; the period described in the program guide- receive cost-matched Federal funds under ‘‘(E) the quantity of energy savings or en- lines; and this subsection, a lender shall— ergy feedstock minimization; ‘‘(E) any other assurances that the Sec- ‘‘(A) be a community and economic devel- ‘‘(F) the advancement of the goal under retary determines to be necessary. opment lender that the Secretary certifies this Act of 25-percent energy avoidance; ‘‘(3) DETERMINATION.—Not later than 90 meets the requirements of this subsection; ‘‘(G) the ability to fund energy efficient days after receiving an application, the Sec- ‘‘(B) lead a partnership that includes par- projects not later than 120 days after the retary shall make a final determination on ticipation by, at a minimum— date of the grant award; and the application, which may include requests ‘‘(i) a State government agency; and ‘‘(H) such other factors as the Secretary for additional information. ‘‘(ii) a private financial institution or determines appropriate. ‘‘(g) FEES.— other provider of loan capital; ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—In addition to the fees ‘‘(C) submit an application to the Sec- There are authorized to be appropriated to required by section 1702(h)(1), the Secretary retary, and receive the approval of the Sec- carry out this subsection, $400,000,000 for the may charge reasonable fees for credit sup- retary, for cost-matched Federal funds to period of fiscal years 2012 through 2021.’’. port provided under this section. carry out a loan program described in para- SEC. 342. COORDINATION OF RESEARCH AND DE- ‘‘(2) AVAILABILITY.—Fees collected under VELOPMENT OF ENERGY EFFICIENT graph (1); and this section shall be subject to section TECHNOLOGIES FOR INDUSTRY. ‘‘(D) ensure that non-Federal funds are 1702(h)(2). (a) IN GENERAL.—As part of the research provided to match, on at least a dollar-for- ‘‘(h) UNDERWRITING.—The Secretary may and development activities of the Industrial delegate the underwriting activities under dollar basis, the amount of Federal funds Technologies Program of the Department of this section to 1 or more entities that the that are provided to carry out a revolving Energy, the Secretary shall establish, as ap- Secretary determines to be qualified. loan program described in paragraph (1). propriate, collaborative research and devel- ‘‘(i) REPORT.—Not later than 1 year after ‘‘(3) AWARD.—The amount of cost-matched opment partnerships with other programs commencement of the program, the Sec- Federal funds provided to an eligible lender within the Office of Energy Efficiency and retary shall submit to the appropriate com- shall not exceed $100,000,000 for any fiscal Renewable Energy (including the Building mittees of Congress a report that describes year. Technologies Program), the Office of Elec- in reasonable detail— ‘‘(4) RECAPTURE OF AWARDS.— tricity Delivery and Energy Reliability, and ‘‘(1) the manner in which this section is ‘‘(A) IN GENERAL.—An eligible lender that the Office of Science that— being carried out; receives an award under paragraph (1) shall (1) leverage the research and development ‘‘(2) the number and type of projects sup- be required to repay to the Secretary an expertise of those programs to promote early ported; amount of cost-match Federal funds, as de- stage energy efficiency technology develop- ‘‘(3) the types of funding mechanisms used termined by the Secretary under subpara- ment; to provide credit support to projects; graph (B), if the eligible lender is unable or (2) support the use of innovative manufac- ‘‘(4) the energy savings expected to result unwilling to operate a program described in turing processes and applied research for de- from projects supported by this section; this subsection for a period of not less than velopment, demonstration, and commer- ‘‘(5) any tracking efforts the Secretary is 10 years beginning on the date on which the cialization of new technologies and processes using to calculate the actual energy savings eligible lender first receives funds made to improve efficiency (including improve- produced by the projects; and available through the award. ments in efficient use of water), reduce emis- ‘‘(6) any plans to improve the tracking ef- ‘‘(B) DETERMINATION BY SECRETARY.—The sions, reduce industrial waste, and improve forts described in paragraph (5). Secretary shall determine the amount of industrial cost-competitiveness; and ‘‘(j) FUNDING.— cost-match Federal funds that an eligible (3) apply the knowledge and expertise of ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— lender shall be required to repay to the Sec- the Industrial Technologies Program to help There is authorized to be appropriated to the retary under subparagraph (A) based on the achieve the program goals of the other pro- Secretary to carry out this section consideration by the Secretary of— grams. $400,000,000 for the period of fiscal years 2012 ‘‘(i) the amount of non-Federal funds (b) REPORTS.—Not later than 2 years after through 2021, to remain available until ex- matched by the eligible lender; the date of enactment of this Act and bienni- pended. ‘‘(ii) the amount of loan losses incurred by ally thereafter, the Secretary shall submit ‘‘(2) ADMINISTRATIVE COSTS.—Not more the revolving loan program described in to Congress a report that describes actions than 1 percent of any amounts made avail- paragraph (1); and taken to carry out subsection (a) and the re- able to the Secretary under paragraph (1) ‘‘(iii) any other appropriate factor, as de- sults of those actions. may be used by the Secretary for adminis- termined by the Secretary. SEC. 343. REDUCING BARRIERS TO THE DEPLOY- MENT OF INDUSTRIAL ENERGY EFFI- trative costs incurred in carrying out this ‘‘(C) USE OF RECAPTURED COST-MATCH FED- CIENCY. section.’’. ERAL FUNDS.—The Secretary may distribute (a) DEFINITIONS.—In this section: to eligible lenders under this subsection each Subtitle C—Industrial Efficiency and (1) INDUSTRIAL ENERGY EFFICIENCY.—The amount received by the Secretary under this Competitiveness term ‘‘industrial energy efficiency’’ means PART I—MANUFACTURING ENERGY paragraph. the energy efficiency derived from commer- EFFICIENCY ‘‘(5) ELIGIBLE PROJECTS.—A program for cial technologies and measures to improve which cost-matched Federal funds are pro- energy efficiency or to generate or transmit SEC. 341. STATE PARTNERSHIP INDUSTRIAL EN- vided under this subsection shall be designed ERGY EFFICIENCY REVOLVING LOAN electric power and heat, including electric PROGRAM. to accelerate the implementation of indus- motor efficiency improvements, demand re- Section 399A of the Energy Policy and Con- trial and commercial applications of tech- sponse, direct or indirect combined heat and servation Act (42 U.S.C. 6371h–1) is amend- nologies or processes (including distributed power, and waste heat recovery. ed— generation, applications or technologies that (2) INDUSTRIAL SECTOR.—The term ‘‘indus- (1) in the section heading, by inserting use sensors, meters, software, and informa- trial sector’’ means any subsector of the ‘‘AND INDUSTRY’’ before the period at the tion networks, controls, and drives or that manufacturing sector (as defined in North end; have been installed pursuant to an energy American Industry Classification System (2) by redesignating subsections (h) and (i) savings performance contract, project, or codes 31-33 (as in effect on the date of enact- as subsections (i) and (j), respectively; and strategy) that— ment of this Act)) establishments of which (3) by inserting after subsection (g) the fol- ‘‘(A) improve energy efficiency, including have, or could have, thermal host facilities lowing: improvements in efficiency and use of water, with electricity requirements met in whole, ‘‘(h) STATE PARTNERSHIP INDUSTRIAL EN- power factor, or load management; or in part, by onsite electricity generation, ERGY EFFICIENCY REVOLVING LOAN PRO- ‘‘(B) enhance the industrial competitive- including direct and indirect combined heat GRAM.— ness of the United States; and and power or waste recovery. ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(C) achieve such other goals as the Sec- (3) SECRETARY.—The term ‘‘Secretary’’ carry out a program under which the Sec- retary determines to be appropriate. means the Secretary of Energy. retary shall provide grants to eligible lend- ‘‘(6) EVALUATION.—The Secretary shall (b) REPORT ON THE DEPLOYMENT OF INDUS- ers to pay the Federal share of creating a re- evaluate applications for cost-matched Fed- TRIAL ENERGY EFFICIENCY.— volving loan program under which loans are eral funds under this subsection on the basis (1) IN GENERAL.—Not later than 1 year after provided to commercial and industrial man- of— the date of enactment of this Act, the Sec- ufacturers to implement commercially avail- ‘‘(A) the description of the program to be retary shall submit to the Committee on En- able technologies or processes that signifi- carried out with the cost-matched Federal ergy and Commerce of the House of Rep- cantly— funds; resentatives and the Committee on Energy

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and Natural Resources of the Senate a report (A) by redesignating paragraphs (1) ‘‘(6) WORKFORCE TRAINING.— describing— through (5) as subparagraphs (A) through (E), ‘‘(A) IN GENERAL.—The Secretary shall pay (A) the results of the study conducted respectively, and indenting appropriately; the Federal share of associated internship under paragraph (2); and (B) by striking ‘‘The Secretary’’ and in- programs under which students work with or (B) recommendations and guidance devel- serting the following: for industries, manufacturers, and energy oped under paragraph (3). ‘‘(1) IN GENERAL.—The Secretary’’; service providers to implement the rec- (2) STUDY.—The Secretary, in coordination (C) in subparagraph (A) (as redesignated by ommendations of industrial research and as- with the industrial sector, shall conduct a subparagraph (A)), by inserting before the sessment centers. study of the following: semicolon at the end the following: ‘‘, includ- ‘‘(B) FEDERAL SHARE.—The Federal share of (A) The legal, regulatory, and economic ing assessments of sustainable manufac- the cost of carrying out internship programs barriers to the deployment of industrial en- turing goals and the implementation of in- described in subparagraph (A) shall be 50 per- ergy efficiency in all electricity markets (information technology advancements for sup- cent. cluding organized wholesale electricity mar- ply chain analysis, logistics, system moni- ‘‘(C) FUNDING.—Subject to the availability kets, and regulated electricity markets), in- toring, industrial and manufacturing proc- of appropriations, of the funds made avail- cluding, as applicable, the following: esses, and other purposes’’; and able under subsection (f), the Secretary shall (i) Transmission and distribution inter- (D) by adding at the end the following: use to carry out this paragraph not less than connection requirements. ‘‘(2) CENTERS OF EXCELLENCE.— $5,000,000 for fiscal year 2012 and each fiscal (ii) Standby, back-up, and maintenance ‘‘(A) IN GENERAL.—The Secretary shall es- year thereafter. fees (including demand ratchets). tablish a Center of Excellence at up to 10 of ‘‘(7) SMALL BUSINESS LOANS.—The Adminis- (iii) Exit fees. the highest performing industrial research trator of the Small Business Administration (iv) Life of contract demand ratchets. and assessment centers, as determined by shall, to the maximum practicable, expedite (v) Net metering. the Secretary. consideration of applications from eligible (vi) Calculation of avoided cost rates. ‘‘(B) DUTIES.—A Center of Excellence shall small business concerns for loans under the (vii) Power purchase agreements. coordinate with and advise the industrial re- Small Business Act (15 U.S.C. 631 et seq.) to (viii) Energy market structures. search and assessment centers located in the implement recommendations of industrial (ix) Capacity market structures. region of the Center of Excellence. research and assessment centers established (x) Other barriers as may be identified by ‘‘(C) FUNDING.—Subject to the availability under paragraph (1).’’. of appropriations, of the funds made avail- the Secretary, in coordination with the in- SEC. 345. SUSTAINABLE MANUFACTURING INITIA- dustrial sector. able under subsection (f), the Secretary shall TIVE. use to support each Center of Excellence not (B) Examples of— (a) IN GENERAL.—Part E of title III of the less than $500,000 for fiscal year 2012 and each (i) successful State and Federal policies Energy Policy and Conservation Act (42 fiscal year thereafter, as determined by the that resulted in greater use of industrial en- U.S.C. 6341) is amended by adding at the end Secretary. ergy efficiency; the following: ‘‘(3) EXPANSION OF CENTERS.—The Sec- (ii) successful private initiatives that re- ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INI- sulted in greater use of industrial energy ef- retary shall provide funding to establish additional industrial research and assessment TIATIVE. ficiency; and centers at institutions of higher education ‘‘(a) IN GENERAL.—As part of the Industrial (iii) cost-effective policies used by foreign that do not have industrial research and as- Technologies Program of the Department of countries to foster industrial energy effi- sessment centers established under para- Energy, the Secretary shall carry out a sus- ciency. graph (1), taking into account the size of, tainable manufacturing initiative under (C) The estimated economic benefits to the and potential energy efficiency savings for, which the Secretary, on the request of a national economy of providing the industrial the manufacturing base within the region of manufacturer, shall conduct onsite technical sector with Federal energy efficiency match- the proposed center. assessments to identify opportunities for— ing grants of $5,000,000,000 for 5- and 10-year ‘‘(4) COORDINATION.— ‘‘(1) maximizing the energy efficiency of periods, including benefits relating to— ‘‘(A) IN GENERAL.—To increase the value industrial processes and cross-cutting sys- (i) estimated energy and emission reduc- and capabilities of the industrial research tems; tions; and assessment centers, the centers shall— ‘‘(2) preventing pollution and minimizing (ii) direct and indirect jobs saved or cre- ‘‘(i) coordinate with Manufacturing Exten- waste; ated; sion Partnership Centers of the National In- ‘‘(3) improving efficient use of water in (iii) direct and indirect capital investment; stitute of Standards and Technology; manufacturing processes; (iv) the gross domestic product; and ‘‘(ii) coordinate with the Building Tech- ‘‘(4) conserving natural resources; and (v) trade balance impacts. nologies Program of the Department of En- ‘‘(5) achieving such other goals as the Sec- (D) The estimated energy savings available ergy to provide building assessment services retary determines to be appropriate. from increased use of recycled material in to manufacturers; ‘‘(b) COORDINATION.—The Secretary shall energy-intensive manufacturing processes. ‘‘(iii) increase partnerships with the Na- carry out the initiative in coordination with (3) RECOMMENDATIONS AND GUIDANCE.—The tional Laboratories of the Department of En- the private sector and appropriate agencies, Secretary, in coordination with the indus- ergy to leverage the expertise and tech- including the National Institute of Stand- trial sector, shall develop policy rec- nologies of the National Laboratories for na- ards and Technology to accelerate adoption ommendations regarding the deployment of tional industrial and manufacturing needs; of new and existing technologies or processes industrial energy efficiency, including pro- ‘‘(iv) increase partnerships with energy that improve energy efficiency. posed regulatory guidance to States and rel- service providers and technology providers ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM evant Federal agencies to address barriers to to leverage private sector expertise and ac- FOR SUSTAINABLE MANUFACTURING AND IN- deployment. celerate deployment of new and existing DUSTRIAL TECHNOLOGIES AND PROCESSES.—As SEC. 344. FUTURE OF INDUSTRY PROGRAM. technologies and processes for energy effi- part of the Industrial Technologies Program ciency, power factor, and load management; of the Department of Energy, the Secretary (a) IN GENERAL.—Section 452 of the Energy ‘‘(v) identify opportunities for reducing shall carry out a joint industry-government Independence and Security Act of 2007 (42 greenhouse gas emissions; and partnership program to research, develop, U.S.C. 17111) is amended by striking the sec- ‘‘(vi) promote sustainable manufacturing and demonstrate new sustainable manufac- tion heading and inserting the following: practices for small- and medium-sized manu- turing and industrial technologies and proc- ‘‘FUTURE OF INDUSTRY PROGRAM’’. facturers. esses that maximize the energy efficiency of (b) DEFINITION OF ENERGY SERVICE PRO- ‘‘(5) OUTREACH.—The Secretary shall pro- industrial systems, reduce pollution, and VIDER.—Section 452(a) of the Energy Inde- vide funding for— conserve natural resources. pendence and Security Act of 2007 (42 U.S.C. ‘‘(A) outreach activities by the industrial ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 17111(a)) is amended— research and assessment centers to inform There is authorized to be to carry out this (1) by redesignating paragraphs (3) through small- and medium-sized manufacturers of section $10,000,000 for the period of fiscal (5) as paragraphs (4) through (6), respec- the information, technologies, and services years 2012 through 2021.’’. tively; and available; and (b) TABLE OF CONTENTS.—The table of con- (2) by inserting after paragraph (3): ‘‘(B) a full-time equivalent employee at tents of the Energy Policy and Conservation ‘‘(5) ENERGY SERVICE PROVIDER.—The term each center of excellence whose primary mis- Act (42 U.S.C. prec. 6201) is amended by add- ‘energy service provider’ means any private sion shall be to coordinate and leverage the ing at the end of the items relating to part company or similar entity providing tech- efforts of the center with— E of title III the following: nology or services to improve energy effi- ‘‘(i) Federal and State efforts; ‘‘Sec. 376. Sustainable manufacturing initia- ciency in an energy-intensive industry.’’. ‘‘(ii) the efforts of utilities and energy tive.’’. (c) INDUSTRIAL RESEARCH AND ASSESSMENT service providers; SEC. 346. STUDY OF ADVANCED ENERGY TECH- CENTERS.— ‘‘(iii) the efforts of regional energy effi- NOLOGY MANUFACTURING CAPA- (1) IN GENERAL.—Section 452(e) of the En- ciency organizations; and BILITIES IN THE UNITED STATES. ergy Independence and Security Act of 2007 ‘‘(iv) the efforts of other centers in the re- (a) IN GENERAL.—Not later than 60 days (42 U.S.C. 17111(e)) is amended— gion of the center of excellence. after the date of enactment of this Act, the

VerDate Mar 15 2010 02:24 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.030 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5315 Secretary shall enter into an arrangement ware) for evaluating supply chain energy re- meets the requirements of paragraph (1) a re- with the National Academy of Sciences source use; bate the amount of which shall be equal to under which the Academy shall conduct a ‘‘(5) develop guidance at the sector level the product obtained by multiplying— study of the development of advanced manu- for improving supply chain efficiency; (A) the nameplate horsepower of the elec- facturing capabilities for various energy ‘‘(6) work with domestic and international tric motor to which the energy saving motor technologies, including— organizations to harmonize approaches to control is attached; and (1) an assessment of the manufacturing analyzing supply chain efficiency, including (B) $25. supply chains of established and emerging the development of a consistent set of tools, (c) AUTHORIZATION OF APPROPRIATIONS.— industries; templates, calculators, and databases; and There is authorized to be appropriated to (2) an analysis of— ‘‘(7) work with industry, including small carry out this section $5,000,000 for each of (A) the manner in which supply chains businesses, to improve supply chain effi- fiscal years 2012 and 2013, to remain available have changed over the 25-year period ending ciency through activities that include— until expended. on the date of enactment of this Act; ‘‘(A) developing and sharing best practices; PART IV—TRANSFORMER REBATE (B) current trends in supply chains; and and PROGRAM (C) the energy intensity of each part of the ‘‘(B) providing opportunities to benchmark SEC. 371. ENERGY EFFICIENT TRANSFORMER RE- supply chain and opportunities for improve- supply chain efficiency. BATE PROGRAM. ment; ‘‘(d) EVALUATION.—In any evaluation of (a) DEFINITION OF QUALIFIED TRANS- (3) for each technology or manufacturing supply chain efficiency carried out by the FORMER.—In this section, the term ‘‘qualified sector, an analysis of which sections of the Secretary with respect to a specific product, transformer’’ means a transformer that supply chain are critical for the United the Secretary shall consider energy con- meets or exceeds the National Electrical States to retain or develop to be competitive sumption and resource use throughout the Manufacturers Association (NEMA) Pre- in the manufacturing of the technology; entire lifecycle of a product, including pro- mium Efficiency designation, calculated to 2 (4) an assessment of which emerging en- duction, transport, packaging, use, and dis- decimal points, as having 30 percent fewer posal. ergy technologies the United States should losses than the NEMA TP-1-2002 efficiency ‘‘(e) GRANTS AND INCENTIVES.— focus on to create or enhance manufacturing standard for a transformer of the same num- ‘‘(1) IN GENERAL.—The Secretary may capabilities; and ber of phases and capacity, as measured in award grants or other forms of incentives on (5) recommendations on leveraging the ex- kilovolt-amperes. a competitive basis to eligible entities, as pertise of energy efficiency and renewable (b) ESTABLISHMENT.—Not later than Janu- determined by the Secretary, for the pur- energy user facilities so that best materials ary 1, 2012, the Secretary of Energy (referred poses of— and manufacturing practices are designed to in this section as the ‘‘Secretary’’) shall ‘‘(A) studying supply chain energy resource and implemented. establish a program to provide rebates for efficiency; and (b) REPORT.—Not later than 2 years after expenditures made by owners of commercial the date on which the Secretary enters into ‘‘(B) demonstrating and achieving reduc- buildings and multifamily residential build- the agreement with the Academy described tions in the energy resource consumption of ings for the purchase and installation of a in subsection (a), the Academy shall submit commercial products through changes and new energy efficient transformers. to the Committee on Energy and Natural Re- improvements to the production supply and (c) REQUIREMENTS.— sources of the Senate, the Committee on En- distribution chain of the products. (1) APPLICATION.—To be eligible to receive ergy and Commerce of the House of Rep- ‘‘(2) USE OF INFORMATION.—Any informa- a rebate under this section, an owner shall resentatives, and the Secretary a report de- tion or data generated as a result of the submit to the Secretary an application in scribing the results of the study required grants or incentives described in paragraph such form, at such time, and containing such under this section, including any findings (1) shall be used to inform the development and recommendations. information as the Secretary may require, of the Supply Star Program. including demonstrated evidence that the SEC. 347. INDUSTRIAL TECHNOLOGIES STEERING ‘‘(f) TRAINING.—The Secretary shall use owner purchased a qualified transformer. COMMITTEE. funds to support professional training pro- (2) AUTHORIZED AMOUNT OF REBATE.—For The Secretary shall establish an advisory grams to develop and communicate methods, qualified transformers, rebates, in dollars steering committee that includes national practices, and tools for improving supply per kilovolt-ampere (referred to in this para- trade associations representing energy-in- chain efficiency. tensive industries or energy service pro- ‘‘(g) EFFECT OF IMPACT ON CLIMATE graph as ‘‘kVA’’) shall be— viders to provide recommendations to the CHANGE.—For purposes of this section, the (A) for 3-phase transformers— Secretary on planning and implementation impact on climate change shall not be a fac- (i) with a capacity of not greater than 10 of the Industrial Technologies Program of tor in determining supply chain efficiency. kVA, $15; the Department of Energy. ‘‘(h) EFFECT OF OUTSOURCING OF AMERICAN (ii) with a capacity of not less than 10 kVA PART II—SUPPLY STAR JOBS.—For purposes of this section, the out- and not greater than 100 kVA, the difference between 15 and the quotient obtained by di- SEC. 351. SUPPLY STAR. sourcing of American jobs in the production viding— Part B of title III of the Energy Policy and of a product shall not count as a positive fac- (I) the difference between— Conservation Act (42 U.S.C. 6291) is amended tor in determining supply chain efficiency. by inserting after section 324A (42 U.S.C. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— (aa) the capacity of the transformer in 6294a) the following: There are authorized to be appropriated to kVA; and carry out this section $10,000,000 for the pe- (bb) 10; by ‘‘SEC. 324B. SUPPLY STAR PROGRAM. riod of fiscal years 2012 through 2021.’’. (II) 9; and ‘‘(a) IN GENERAL.—There is established within the Department of Energy a Supply PART III—ELECTRIC MOTOR REBATE (iii) with a capacity greater than or equal Star program to identify and promote prac- PROGRAM to 100 kVA, $5; and (B) for single-phase transformers, 75 per- tices, recognize companies, and, as appro- SEC. 361. ENERGY SAVING MOTOR CONTROL RE- priate, recognize products that use highly ef- BATE PROGRAM. cent of the rebate for a 3-phase transformer ficient supply chains in a manner that con- (a) ESTABLISHMENT.—Not later than Janu- of the same capacity. serves energy, water, and other resources. ary 1, 2012, the Secretary of Energy (referred (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) COORDINATION.—In carrying out the to in this section as the ‘‘Secretary’’) shall There is authorized to be appropriated to program described in subsection (a), the Sec- establish a program to provide rebates for carry out this section $5,000,000 for each of retary shall— expenditures made by entities for the pur- fiscal years 2012 and 2013, to remain available ‘‘(1) consult with other appropriate agen- chase and installation of a new constant until expended. cies; and speed electric motor control that reduces Subtitle D—Federal Agency Energy ‘‘(2) coordinate efforts with the Energy motor energy use by not less than 5 percent. Efficiency Star program established under section 324A. (b) REQUIREMENTS.— SEC. 381. ADOPTION OF PERSONAL COMPUTER ‘‘(c) DUTIES.—In carrying out the Supply (1) APPLICATION.—To be eligible to receive POWER SAVINGS TECHNIQUES BY Star program described in subsection (a), the a rebate under this section, an entity shall FEDERAL AGENCIES. Secretary shall— submit to the Secretary an application in (a) IN GENERAL.—Not later than 360 days ‘‘(1) promote practices, recognize compa- such form, at such time, and containing such after the date of enactment of this Act, the nies, and, as appropriate, recognize products information as the Secretary may require, Secretary of Energy, in consultation with that comply with the Supply Star program including— the Secretary of Defense, the Secretary of as the preferred practices, companies, and (A) demonstrated evidence that the entity Veterans Affairs, and the Administrator of products in the marketplace for maximizing purchased a constant speed electric motor General Services, shall issue guidance for supply chain efficiency; control that reduces motor energy use by Federal agencies to employ advanced tools ‘‘(2) work to enhance industry and public not less than 5 percent; and allowing energy savings through the use of awareness of the Supply Star program; (B) the physical nameplate of the installed computer hardware, energy efficiency soft- ‘‘(3) collect and disseminate data on supply motor of the entity to which the energy sav- ware, and power management tools. chain energy resource consumption; ing motor control is attached. (b) REPORTS ON PLANS AND SAVINGS.—Not ‘‘(4) develop and disseminate metrics, proc- (2) AUTHORIZED AMOUNT OF REBATE.—The later than 180 days after the date of the esses, and analytical tools (including soft- Secretary may provide to an entity that issuance of the guidance under subsection

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.030 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5316 CONGRESSIONAL RECORD — SENATE July 24, 2012 (a), each Federal agency shall submit to the maintenance of buildings and building sys- Federal data center program managers, fa- Secretary of Energy a report that describes— tems; and cilities managers, and sustainability offi- (1) the plan of the agency for implementing ‘‘(III) standards for sufficient levels of se- cers. the guidance within the agency; and curity and protection against cyber threats (c) REPORT.—Not later than 1 year after (2) estimated energy and financial savings to ensure systems cannot be controlled by the date of enactment of this Act, the Sec- from employing the tools described in sub- unauthorized persons; and retary shall submit to Congress a report that section (a). ‘‘(iii) an analysis of— describes the results of the study, including SEC. 382. AVAILABILITY OF FUNDS FOR DESIGN ‘‘(I) the types of advanced metering and a description of agency best practices in data UPDATES. monitoring systems being piloted, tested, or center consolidation. Section 3307 of title 40, United States Code, installed in Federal buildings; and Subtitle E—Miscellaneous is amended— ‘‘(II) existing techniques used within the SEC. 391. OFFSETS. (1) by redesignating subsections (d) private sector or other non-Federal govern- (a) ZERO-NET ENERGY COMMERCIAL BUILD- through (h) as subsections (e) through (i), re- ment buildings.’’. INGS INITIATIVE.—Section 422(f) of the Energy spectively; and SEC. 384. FEDERAL ENERGY MANAGEMENT AND (2) by inserting after subsection (c) the fol- Independence and Security Act of 2007 (42 DATA COLLECTION STANDARD. U.S.C. 17082(f)) is amended by striking para- lowing: Section 543 of the National Energy Con- graphs (2) through (4) and inserting the fol- ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN servation Policy Act (42 U.S.C. 8253) is lowing: UPDATES.— amended— ‘‘(2) $50,000,000 for each of fiscal years 2009 ‘‘(1) IN GENERAL.—Subject to paragraph (2), (1) by redesignating the second subsection through 2012; for any project for which congressional ap- (f) (as added by section 434(a) of Public Law ‘‘(3) $100,000,000 for fiscal year 2013; and proval is received under subsection (a) and 110–140 (121 Stat. 1614)) as subsection (g); and ‘‘(4) $200,000,000 for each of fiscal years 2014 for which the design has been substantially (2) in subsection (f)(7), by striking subpara- through 2018.’’. completed but construction has not begun, graph (A) and inserting the following: (b) ENERGY SUSTAINABILITY AND EFFICIENCY the Administrator of General Services may ‘‘(A) IN GENERAL.—For each facility that GRANTS AND LOANS FOR INSTITUTIONS.—Sub- use appropriated funds to update the project meets the criteria established by the Sec- section (j) of section 399A of the Energy Pol- design to meet applicable Federal building retary under paragraph (2)(B), the energy icy and Conservation Act (42 U.S.C. 6371h–1) energy efficiency standards established manager shall use the web-based tracking (as redesignated by section 341(2)) is amend- under section 305 of the Energy Conservation system under subparagraph (B)— ed— and Production Act (42 U.S.C. 6834) and other ‘‘(i) to certify compliance with the require- (1) in paragraph (1), by striking ‘‘through requirements established under section 3312. ments for— 2013’’ and inserting ‘‘and 2010, $100,000,000 for ‘‘(2) LIMITATION.—The use of funds under ‘‘(I) energy and water evaluations under paragraph (1) shall not exceed 125 percent of each of fiscal years 2011 and 2012, and paragraph (3); the estimated energy or other cost savings $250,000,000 for fiscal year 2013’’; and ‘‘(II) implementation of identified energy associated with the updates as determined (2) in paragraph (2), by striking ‘‘through and water measures under paragraph (4); and by a life-cycle cost analysis under section 544 2013’’ and inserting ‘‘and 2010, $100,000,000 for ‘‘(III) follow-up on implemented measures of the National Energy Conservation Policy each of fiscal years 2011 and 2012, and under paragraph (5); and Act (42 U.S.C. 8254).’’. $425,000,000 for fiscal year 2013’’. ‘‘(ii) to publish energy and water consump- (c) WASTE ENERGY RECOVERY INCENTIVE SEC. 383. BEST PRACTICES FOR ADVANCED ME- tion data on an individual facility basis.’’. TERING. PROGRAM.—Section 373(f)(1) of the Energy Section 543(e) of the National Energy Con- SEC. 385. ELECTRIC VEHICLE CHARGING INFRA- Policy and Conservation Act (42 U.S.C. STRUCTURE. servation Policy Act (42 U.S.C. 8253(e) is 6343(f)(1)) is amended— Section 804(4) of the National Energy Con- amended by striking paragraph (3) and in- (1) by redesignating subparagraph (B) as servation Policy Act (42 U.S.C. 8287c(4)) is serting the following: subparagraph (D); and amended— ‘‘(3) PLAN.— (2) by striking subparagraph (A) and in- (1) in subparagraph (A), by striking ‘‘or’’ ‘‘(A) IN GENERAL.—Not later than 180 days serting the following: after the semicolon; after the date on which guidelines are estab- ‘‘(A) $100,000,000 for fiscal year 2008; (2) in subparagraph (B), by striking the pe- lished under paragraph (2), in a report sub- ‘‘(B) $200,000,000 for each of fiscal years 2009 riod at the end and inserting ‘‘; or’’; and mitted by the agency under section 548(a), and 2010; (3) by adding at the end the following: each agency shall submit to the Secretary a ‘‘(C) $100,000,000 for each of fiscal years 2011 ‘‘(C) a measure to support the use of elec- plan describing the manner in which the and 2012; and’’. tric vehicles or the fueling or charging infra- agency will implement the requirements of (d) ENERGY-INTENSIVE INDUSTRIES PRO- structure necessary for electric vehicles.’’. paragraph (1), including— GRAM.—Section 452(f)(1) of the Energy Inde- ‘‘(i) how the agency will designate per- SEC. 386. FEDERAL PURCHASE REQUIREMENT. pendence and Security Act of 2007 (42 U.S.C. Section 203 of the Energy Policy Act of sonnel primarily responsible for achieving 17111(f)(1)) is amended— 2005 (42 U.S.C. 15852) is amended— the requirements; and (1) in subparagraph (D), by striking (1) in subsections (a) and (b)(2), by striking ‘‘(ii) a demonstration by the agency, com- ‘‘$202,000,000’’ and inserting ‘‘$102,000,000’’; ‘‘electric energy’’ each place it appears and plete with documentation, of any finding and inserting ‘‘electric, direct, and thermal en- that advanced meters or advanced metering (2) in subparagraph (E), by striking ergy’’; devices (as those terms are used in paragraph ‘‘$208,000,000’’ and inserting ‘‘$108,000,000’’. (2) in subsection (b)(2)— (1)), are not practicable. (A) by inserting ‘‘, or avoided by,’’ after SEC. 392. ADVANCE APPROPRIATIONS REQUIRED. ‘‘(B) UPDATES.—Reports submitted under ‘‘generated from’’; and The authorization of amounts under this subparagraph (A) shall be updated annually. (B) by inserting ‘‘(including ground-source, title and the amendments made by this title ‘‘(4) BEST PRACTICES REPORT.— reclaimed, and ground water)’’after ‘‘geo- shall be effective for any fiscal year only to ‘‘(A) IN GENERAL.—Not later than 180 days thermal’’; the extent and in the amount provided in ad- after the date of enactment of the Energy (3) by redesignating subsection (d) as sub- vance in appropriations Acts. Savings and Industrial Competitiveness Act section (e); and of 2012, the Secretary of Energy, in consulta- (4) by inserting after subsection (c) the fol- SA 2572. Ms. COLLINS submitted an tion with the Secretary of Defense and the lowing: amendment intended to be proposed by Administrator of General Services, shall de- ‘‘(d) SEPARATE CALCULATION.—Renewable her to the bill S. 3412, to amend the In- velop, and issue a report on, best practices energy produced at a Federal facility, on ternal Revenue Code of 1986 to provide for the use of advanced metering of energy Federal land, or on Indian land (as defined in tax relief to middle-class families; use in Federal facilities, buildings, and section 2601 of the Energy Policy Act of 1992 equipment by Federal agencies. which was ordered to lie on the table; (25 U.S.C. 3501))— as follows. ‘‘(B) UPDATING.—The report described ‘‘(1) shall be calculated (on a BTU-equiva- under subparagraph (A) shall be updated an- lent basis) separately from renewable energy Strike all after the enacting clause and in- nually. used; and sert the following: ‘‘(C) COMPONENTS.—The report shall in- ‘‘(2) may be used individually or in com- SECTION 1. EXTENSION OF 2001 AND 2003 TAX RE- clude, at a minimum— bination to comply with subsection (a).’’. LIEF. ‘‘(i) summaries and analysis of the reports SEC. 387. STUDY ON FEDERAL DATA CENTER (a) IN GENERAL.—Paragraph (1) of section by agencies under paragraph (3); CONSOLIDATION. 901(a) of the Economic Growth and Tax Re- ‘‘(ii) recommendations on standard re- (a) IN GENERAL.—The Secretary of Energy lief Reconciliation Act of 2001 is amended by quirements or guidelines for automated en- shall conduct a study on the feasibility of a striking ‘‘December 31, 2012’’ and inserting ergy management systems, including— government-wide data center consolidation, ‘‘December 31, 2013’’. ‘‘(I) potential common communications with an overall Federal target of a minimum (b) EFFECTIVE DATE.—The amendment standards to allow data sharing and report- of 800 Federal data center closures by Octo- made by this section shall take effect as if ing; ber 1, 2015. included in the enactment of the Economic ‘‘(II) means of facilitating continuous com- (b) COORDINATION.—In conducting the Growth and Tax Relief Reconciliation Act of missioning of buildings and evidence-based study, the Secretary shall coordinate with 2001.

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.030 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5317 SEC. 2. SURTAX ON MILLIONAIRES. AUTHORITY FOR COMMITTEES TO mittee on the Judiciary, Sub- (a) IN GENERAL.—Subchapter A of chapter 1 MEET committee on the Constitution, Civil of the Internal Revenue Code of 1986 is Rights, and Human Rights, be author- amended by adding at the end the following COMMITTEE ON BANKING, HOUSING, AND URBAN new part: AFFAIRS ized to meet during the session of the Senate, on July 24, 2012, at 2:30 p.m., in ‘‘PART VIII—SURTAX ON MILLIONAIRES Mr. SANDERS. Mr. President, I ask ‘‘Sec. 59B. Surtax on millionaires. unanimous consent that the Com- room SH–216 of the Hart Senate Office ‘‘SEC. 59B. SURTAX ON MILLIONAIRES. mittee on Banking, Housing, and Building, to conduct a hearing entitled ‘‘(a) GENERAL RULE.—In the case of a tax- Urban Affairs be authorized to meet ‘‘Taking Back Our Democracy: Re- payer other than a corporation for any tax- during the session of the Senate on sponding to Citizens United and the able year beginning after 2012 and before July 24, 2012, at 10 a.m., to conduct a Rise of Super PACs.’’ 2014, there is hereby imposed (in addition to committee hearing entitled ‘‘Housing The PRESIDING OFFICER. Without any other tax imposed by this subtitle) a tax Partnerships in Indian Country.’’ objection, it is so ordered. equal to 2 percent of so much of the modified SUBCOMMITTEE ON FINANCIAL INSTITUTIONS adjusted gross income of the taxpayer for The PRESIDING OFFICER. Without AND CONSUMER PROTECTION such taxable year as exceeds $1,000,000 objection, it is so ordered. ($500,000, in the case of a married individual COMMITTEE ON COMMERCE, SCIENCE, AND Mr. SANDERS. Mr. President, I ask filing a separate return). TRANSPORTATION unanimous consent that the Com- ‘‘(b) MODIFIED ADJUSTED GROSS INCOME.— Mr. SANDERS. Mr. President, I ask mittee on Banking, Housing, and For purposes of this section— unanimous consent that the Com- Urban Affairs’ Subcommittee on Fi- ‘‘(1) IN GENERAL.—The term ‘modified ad- mittee on Commerce, Science, and nancial Institutions and Consumer justed gross income’ means adjusted gross Protection be authorized to meet dur- income reduced by the excess of— Transportation be authorized to meet ‘‘(A) gross income from a small business during the session of the Senate on ing the session of the Senate, on July (as defined in section 6654(d)(1)(D)(iii))— July 24, 2012, at 2:30 p.m. in room 253 of 24, 2012, at 2:30 p.m., to conduct a hear- ‘‘(i) which is not a passive activity with re- the Russell Senate Office Building. ing entitled ‘‘Private Student Loans: spect to the taxpayer (within the meaning of The Committee will hold a hearing Providing Flexibility and Opportunity section 469(c)), and entitled, ‘‘The Cable Act at 20.’’ to Borrowers?’’ ‘‘(ii) which pays wages to at least 1 full- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without time equivalent employee (as defined in sec- objection, it is so ordered. objection, it is so ordered. tion 45R(d)(2)), other than the taxpayer, the SUBCOMMITTEE ON IMMIGRATION, REFUGEES, taxpayer’s spouse, or an individual who bears COMMITTEE ON ENERGY AND NATURAL AND BORDER SECURITY a relationship to the taxpayer described in RESOURCES section 152(d)(2), over Mr. SANDERS. Mr. President, I ask Mr. SANDERS. Mr. President, I ask ‘‘(B) the deductions which are properly al- unanimous consent that the Com- unanimous consent that the Com- locable to such income. mittee on Energy and Natural Re- mittee on the Judiciary, Sub- ‘‘(2) AGGREGATION RULE.—All persons treat- sources be authorized to meet during committee on Immigration, Refugees, ed as a single employer under subsection (a) the session of the Senate on July 31, and Border Security, be authorized to or (b) of section 52 or subsection (m) or (o) of 2012, at 10 a.m., in room 366 of the Dirk- meet during the session of the Senate, section 414 shall be treated as one employer for purposes of paragraph (1)(A). sen Senate Office Building. on July 24, 2012, at 10 a.m., in room SD– ‘‘(3) REGULATIONS.—The Secretary shall The PRESIDING OFFICER. Without 226 of the Dirksen Senate Office Build- prescribe regulations similar to the regula- objection, it is so ordered. ing, to conduct a hearing entitled tions under section 469(l) for determining the COMMITTEE ON ENVIRONMENT AND PUBLIC ‘‘Strengthening the Integrity of the income that is taken into account under WORKS AND SUBCOMMITTEE ON SUPERFUND, Student Visa System by Preventing paragraph (1)(A). TOXICS, AND ENVIRONMENTAL HEALTH and Detecting Sham Educational Insti- ‘‘(c) SPECIAL RULES.— Mr. SANDERS. Mr. President, I ask tutions.’’ ‘‘(1) NONRESIDENT ALIEN.—In the case of a unanimous consent that the Com- The PRESIDING OFFICER. Without nonresident alien individual, only amounts taken into account in connection with the mittee on Environment and Public objection, it is so ordered. tax imposed under section 871(b) shall be Works and the Subcommittee on f taken into account under this section. Superfund, Toxics, and Environmental ‘‘(2) CITIZENS AND RESIDENTS LIVING Health be authorized to meet during PRIVILEGES OF THE FLOOR ABROAD.—The applicable dollar amount the session of the Senate on July 24, Mr. WHITEHOUSE. Mr. President, I under subsection (a) shall be decreased by 2012, at 10 a.m. in Dirksen 406 to con- ask unanimous consent that for the du- the excess of— duct a joint hearing entitled, ‘‘Over- ration of today’s session, Varun Jain, a ‘‘(A) the amounts excluded from the tax- sight of EPA Authorities and Actions payer’s gross income under section 911, over fellow in my office, be granted floor ‘‘(B) the amounts of any deductions or ex- to Control Exposures to Toxic Chemi- privileges. clusions disallowed under section 911(d)(6) cals.’’ The PRESIDING OFFICER. Without with respect to the amounts described in THE PRESIDING OFFICER. Without objection, it is so ordered. subparagraph (A). objection, it is so ordered. Mr. BAUCUS. Mr. President, I ask ‘‘(3) CHARITABLE TRUSTS.—Subsection (a) COMMITTEE ON FOREIGN RELATIONS unanimous consent that Kirk Porter, shall not apply to a trust all the unexpired Mr. SANDERS. Mr. President, I ask Andras Varhelyi, Talitha James, Ali- interests in which are devoted to one or more of the purposes described in section unanimous consent that the Com- son Albers, and Eric Hageman, staff of 170(c)(2)(B). mittee on Foreign Relations be author- the Finance Committee, be granted the ‘‘(4) NOT TREATED AS TAX IMPOSED BY THIS ized to meet during the session of the privilege of the floor during consider- CHAPTER FOR CERTAIN PURPOSES.—The tax Senate on July 24, 2012, at 10 a.m., to ation of S. 3412. imposed under this section shall not be hold a briefing entitled, ‘‘Intelligence The PRESIDING OFFICER. Without treated as tax imposed by this chapter for Update on Syria.’’ objection, it is so ordered. purposes of determining the amount of any The PRESIDING OFFICER. Without f credit under this chapter or for purposes of objection, it is so ordered. section 55.’’. INDIAN LAW ENFORCEMENT (b) CLERICAL AMENDMENT.—The table of SELECT COMMITTEE ON INTELLIGENCE parts for subchapter A of chapter 1 of the In- Mr. SANDERS. Mr. President, I ask REFORM ACT ternal Revenue Code of 1986 is amended by unanimous consent that the Select Mr. BENNET. Mr. President, I ask adding at the end the following new item: Committee on Intelligence be author- unanimous consent the Committee on ‘‘PART VIII. SURTAX ON MILLIONAIRES.’’. ized to meet during the session of the Indian Affairs be discharged from fur- (c) SECTION 15 NOT TO APPLY.—The amend- Senate on July 24, 2012, at 2:30 p.m. ther consideration of S. 2090, and the ment made by subsection (a) shall not be The PRESIDING OFFICER. Without Senate proceed to its immediate con- treated as a change in a rate of tax for pur- objection, it is so ordered. sideration. poses of section 15 of the Internal Revenue SUBCOMMITTEE ON THE CONSTITUTION, CIVIL The PRESIDING OFFICER. Without Code of 1986. (d) EFFECTIVE DATE.—The amendments RIGHTS, AND HUMAN RIGHTS objection, it is so ordered. made by this section shall apply to taxable Mr. SANDERS. Mr. President, I ask The clerk will report the bill by title. years beginning after December 31, 2012. unanimous consent that the Com- The legislative clerk read as follows:

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JY6.027 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE S5318 CONGRESSIONAL RECORD — SENATE July 24, 2012 A bill (S. 2090) to amend the Indian Law which took place on August 16, 1940, to test (1) designates August 16, 2012, as ‘‘National Enforcement Reform Act to extend the pe- the innovative concept of inserting United Airborne Day’’; and riod of time provided to the Indian Law and States ground combat forces behind a battle (2) calls on the people of the United States Order Commission to produce a required re- line by means of a parachute; to observe National Airborne Day with ap- port, and for other purposes. Whereas the success of the Army Para- propriate programs, ceremonies, and activi- There being no objection, the Senate chute Test Platoon in the days immediately ties. proceeded to consider the bill. before the entry of the United States into f World War II validated the airborne oper- Mr. BENNET. Mr. President, I fur- ational concept and led to the creation of a 100TH ANNIVERSARY OF THE ther ask that the bill be read a third formidable force of airborne formations that AMERICAN PODIATRIC MEDICAL time and passed, the motion to recon- included the 11th, 13th, 17th, 82nd, and 101st ASSOCIATION sider be laid upon the table, with no in- Airborne Divisions; Mr. BENNET. Mr. President, I ask tervening action or debate, and that Whereas, included in those divisions, and unanimous consent that the Senate any statements related to this measure among other separate formations, were proceed to S. Res. 528, submitted ear- be printed in the RECORD. many airborne combat, combat support, and lier today. The PRESIDING OFFICER. Without combat service support units that served with distinction and achieved repeated suc- The PRESIDING OFFICER. The objection, it is so ordered. cess in armed hostilities during World War clerk will report the resolution by The bill (S. 2090) was ordered to be II, and provide the lineage and legacy of title. engrossed for a third reading, was read many airborne units throughout the Armed The legislative clerk read as follows: the third time, and passed, as follows: Forces; A resolution (S. Res. 528) recognizing the S. 2090 Whereas the achievements of the airborne 100th anniversary of the American Podiatric Be it enacted by the Senate and House of Rep- units during World War II prompted the evo- Medical Association, the preeminent organi- resentatives of the United States of America in lution of those units into a diversified force zation representing podiatric medicine and Congress assembled, of parachute and air-assault units that, over surgery, celebrating its achievements, and the years, have fought in Korea, Vietnam, SECTION 1. REPORT OF INDIAN LAW AND ORDER encouraging the association to continue pro- COMMISSION. Grenada, Panama, the Persian Gulf region, viding guidance on foot and ankle health and Somalia, and have engaged in peace- (a) IN GENERAL.—Section 15(f) of the Indian issues to the people of the United States and Law Enforcement Reform Act (25 U.S.C. keeping operations in Lebanon, the Sinai Pe- of the world. 2812(f)) is amended in the matter preceding ninsula, the Dominican Republic, Haiti, Bos- There being no objection, the Senate nia, and Kosovo; paragraph (1) by striking ‘‘2 years’’ and in- proceeded to consider the resolution. serting ‘‘3 years’’. Whereas, since the terrorist attacks of September 11, 2001, the members of the Mr. BENNET. Mr. President, I ask (b) TECHNICAL AMENDMENT.—Section 15(e) United States airborne forces, including unanimous consent the resolution be of the Indian Law Enforcement Reform Act agreed to, the preamble be agreed to, (25 U.S.C. 2812(e)) is amended in the matter members of the XVIII Airborne Corps, the preceding paragraph (1) by striking ‘‘para- 82nd Airborne Division, the 101st Airborne the motions to reconsider be laid upon graph (1)’’ and inserting ‘‘subsection (d)’’. Division, the 173rd Airborne Brigade Combat the table, with no intervening action Team, the 4th Brigade Combat Team (Air- or debate, and any statements be print- f borne) of the 25th Infantry Division, the 75th ed in the RECORD. NATIONAL AIRBORNE DAY Ranger Regiment, special operations forces The PRESIDING OFFICER. Without of the Army, Marine Corps, Navy, and Air objection, it is so ordered. Mr. BENNET. Mr. President, I ask Force, and other units of the Armed Forces, unanimous consent that the Senate have demonstrated bravery and honor in The resolution (S. Res. 528) was now proceed to the consideration of S. combat, stability, and training operations in agreed to. Res. 527 which was submitted earlier Afghanistan and Iraq; The preamble was agreed to. The resolution, with its preamble, today. Whereas the modern-day airborne forces The PRESIDING OFFICER. The also include other elite forces composed of reads as follows: clerk will report the resolution by airborne trained and qualified special oper- S. RES. 528 ations warriors, including Army Special Whereas, in 1912, Alfred Joseph was the title. Forces, Marine Corps Reconnaissance units, The legislative clerk read as follows: driving force behind the establishment of the Navy SEALs, and Air Force combat control National Association of Chiropodists (re- A resolution (S. Res. 527) designating Au- and para-rescue teams; ferred to as the ‘‘NAC’’ in this preamble), an gust 16, 2012, as ‘‘National Airborne Day.’’ Whereas, of the members and former mem- organization dedicated to the needs and edu- There being no objection, the Senate bers of the United States airborne forces, cational standards of chiropodists and to ad- proceeded to consider the resolution. thousands have achieved the distinction of vancing and advocating for the profession of Mr. BENNET. Mr. President, I ask making combat jumps, dozens have earned podiatric medicine and surgery for the ben- the Medal of Honor, and hundreds have efit of its members and the public, and was unanimous consent that the resolution earned the Distinguished Service Cross, the be agreed to, the preamble be agreed elected the first president of the NAC; Silver Star, or other decorations and awards Whereas, by 1922, most States had passed to, and the motions to reconsider be for displays of heroism, gallantry, intre- laws regulating the professional practice of laid upon the table. pidity, and valor; chiropody; The PRESIDING OFFICER. Without Whereas the members and former members Whereas, in 1922, the NAC began publishing objection, it is so ordered. of the United States airborne forces are all the Journal of the National Association of The resolution (S. Res. 527) was members of a proud and honorable tradition Chiropodists and the NAC’s Council on Edu- agreed to. that, together with the special skills and cation began its first college accreditation The preamble was agreed to. achievements of those members, distin- activities; guishes the members as intrepid combat Whereas, in 1943, the NAC ran an advertise- The resolution, with its preamble, parachutists, air assault forces, special oper- reads as follows: ment campaign in Life magazine high- ation forces, and, in the past, glider troops; lighting the efforts of podiatrists to keep S. RES. 527 Whereas individuals from every State in United States soldiers marching; Whereas the members of the airborne the United States have served gallantly in Whereas, in 1957, the NAC was renamed the forces of the Armed Forces of the United the airborne forces, and each State is proud American Podiatry Association (referred to States have a long and honorable history as of the contributions of its paratrooper vet- as the ‘‘APA’’ in this preamble); bold and fierce warriors who, for the na- erans during the many conflicts faced by the Whereas, in 1959, the APA established the tional security of the United States and the United States; Educational Foundation to advance the defense of freedom and peace, project the Whereas the history and achievements of growth and stability of podiatric medicine ground combat power of the United States the members and former members of the through student scholarships and increased by air transport to the far reaches of the bat- United States airborne forces warrant spe- national awareness of foot and ankle health; tle area and to the far corners of the world; cial expressions of the gratitude of the peo- Whereas, in 1967, podiatric physicians were Whereas the experiment of the United ple of the United States; and included as covered providers under the States with airborne operations began on Whereas, since the airborne forces, past Medicare program under title XVIII of the June 25, 1940, when the Army Parachute Test and present, celebrate August 16 as the anni- Social Security Act (42 U.S.C. 1395 et seq.); Platoon was first authorized by the Depart- versary of the first official jump by the Whereas, in 1971, all the colleges of ment of War, and 48 volunteers began train- Army Parachute Test Platoon, August 16 is podiatric medicine began granting the DPM ing in July 1940; an appropriate day to recognize as National (doctor of podiatric medicine) degree to stu- Whereas August 16 marks the anniversary Airborne Day: Now, therefore, be it dents graduating from 4 years of podiatric of the first official Army parachute jump, Resolved, That the Senate— medical training;

VerDate Mar 15 2010 01:22 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JY6.065 S24JYPT1 smartinez on DSK6TPTVN1PROD with SENATE July 24, 2012 CONGRESSIONAL RECORD — SENATE S5319 Whereas, in 1984, the APA was renamed the had on improving the foot and ankle and re- ORDERS FOR WEDNESDAY, JULY American Podiatric Medical Association to lated health of people in the United States 25, 2012 emphasize the profession as part of main- and around the world; and stream medical practice; (3) congratulates the American Podiatric Mr. BENNET. Mr. President, I ask Whereas, in 2011, the Council on Podiatric Medical Association for its achievements unanimous consent that when the Sen- Medical Education adopted the requirements and encourages the organization to continue ate completes its business today, it ad- of a 3 year podiatric medicine and surgery providing scientific guidance on foot and journ until 9:30 a.m., on Wednesday, residency, which was approved for full grad- ankle and related health issues to improve July 25; that following the prayer and uate medical education funding by the Cen- the public health of future generations. pledge, the Journal of proceedings be ters for Medicare and Medicaid Services; Whereas the American Podiatric Medical approved to date, the morning hour be f Association regularly hosts medical and sci- deemed to have expired, and the time entific meetings dedicated to highlighting for the two leaders be reserved for their and disseminating research findings and MEASURE READ THE FIRST use later in the day; that the majority clinical advances in the prevention, detec- TIME—S. 3429 leader be recognized; that the time tion, treatment, and cure of foot, ankle, and Mr. BENNET. Mr. President, I under- until 2:15 p.m. be equally divided and related conditions; controlled between the two leaders or Whereas the American Podiatric Medical stand that S. 3429, introduced earlier their designees, with the Republicans Association continues to meet its clinical today by Senator BILL NELSON, is at and scientific mission through the publica- the desk. I ask for its first reading. controlling the first 30 minutes and the majority controlling the second 30 min- tion of academic journals and clinical state- The PRESIDING OFFICER. The ments on the prevention, diagnosis, treat- utes; further, that at 2:15 p.m., the Sen- clerk will reort the bill by title for the ment, and cure of foot and ankle disorders, ate proceed to a rollcall vote on the first time. as well as through the provision of con- motion to invoke cloture on the mo- The legislative clerk read as follows: tinuing medical education in foot and ankle tion to proceed to S. 3412, the Middle care and through consumer education on A bill (S. 3429) to require the Secretary of foot and ankle health; Class Tax Cut Act. Veterans Affairs to establish a veterans jobs The PRESIDING OFFICER. Without Whereas feet often reveal indicators of corps, and for other purposes. overall health, including signs of arthritis, objection, it is so ordered. Mr. BENNET. Mr. President, I ask diabetes, and nerve and circulatory dis- f orders; for its second reading and object to my Whereas medically necessary care provided own request. PROGRAM by podiatrists can reduce the risk of and pre- The PRESIDING OFFICER. Objec- Mr. BENNET. Mr. President, the first vent complications from these conditions tion having been heard, the bill will re- vote tomorrow will be a cloture vote on and diseases, while at the same time offer ceive its second reading on the next savings to the heavily burdened health care the motion to proceed to the Middle legislative day. system of the United States; and Class Tax Act at 2:15 p.m. Whereas the American Podiatric Medical Association has a long tradition of working f f in collaboration with the Federal Govern- ADJOURNMENT UNTIL 9:30 A.M. ment to improve the foot and ankle health of APPOINTMENTS TOMORROW all people of the United States: Now, therefore, be it The PRESIDING OFFICER. The Mr. BENNET. Mr. President, if there Resolved, That the Senate— Chair, on behalf of the Republican is no further business to come before (1) recognizes the scientific, clinical, and leader, pursuant to Public Law 107–12, the Senate, I ask unanimous consent public health achievements of the American appoints the following individual as a that it adjourn under the previous Podiatric Medical Association as its members and staff commemorate and celebrate member of the Public Safety Officer order. its 100th anniversary; Medal of Valor Review Board: Rick There being no objection, the Senate, (2) recognizes the great impact that the Clemons of Kentucky, vice Charles at 6:50 p.m., adjourned until Wednes- American Podiatric Medical Association has Massarone. day, July 25, 2012, at 9:30 a.m.

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RETIREMENT CEREMONY FOR PERSONAL EXPLANATION revolution. After years of battling off Native MRS. RUTHANNE SLAMKA American attacks, the city persevered and ulti- HON. DAVID N. CICILLINE mately prospered. Since Gainesville is near HON. PETER J. VISCLOSKY OF RHODE ISLAND Oklahoma’s border, Gainesville became a key trading center. Farming and agriculture even- OF INDIANA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tually took over as the town’s primary industry, Tuesday, July 24, 2012 Tuesday, July 24, 2012 and after oil was discovered nearby, Gaines- Mr. CICILLINE. Mr. Speaker, on the Legisla- ville was able to prosper even during a period Mr. VISCLOSKY. Mr. Speaker, it is with tive Day of June 8, 2012, upon request of a of severe economic turmoil, the Great Depres- great pleasure and admiration that I stand be- leave of absence after 11:00 a.m., a series of sion. Gainesville is home to numerous attrac- fore you today to recognize Mrs. Ruthanne votes were held. Had I been present for these tions including Camp Howze Army training Slamka for her many years of service to the rollcall votes, I would have casted the fol- camp and the Frank Buck Zoo. Today, the city National Park Service (NPS), and more spe- lowing votes: of Gainesville is still continuing to multiply its cifically, to the Indiana Dunes National Lake- On agreeing to the Broun (GA) amendment population and business community. shore. Ruthanne’s 40 years of service to the (Roll No. 372)—I vote ‘‘No’’; On agreeing to It is an honor to have Gainesville, recog- Indiana Dunes National Lakeshore have cer- the Scalise amendment (Roll No. 373)—I vote nized after 30,000 miles and five other cities, tainly contributed to the park’s success. For as the most patriotic. I am privileged to rep- her many years of public service and her ex- ‘‘No’’; On agreeing to the Moran amendment resent Gainesville, Texas in the U.S. House of ceptional dedication to the community of (Roll No. 374)—I vote ‘‘Yes’’; On agreeing to Representatives, and I rise to salute them for Northwest Indiana, she will be honored at a the Flake amendment (Roll No. 375)—I vote their patriotism for our country. retirement ceremony on Friday, July 27, 2012. ‘‘No’’; On motion to recommit with instructions Indisputably, Ruthanne’s tireless devotion to (Roll No. 376)—I vote ‘‘Yes’’; On passage f ensuring the success of the park lent itself to (Roll No. 377)—I vote ‘‘No’’; and On motion that the House instruct conferees (Roll No. LYME DISEASE EXPLODING IN the overall growth of the Indiana Dunes Na- U.S., AROUND THE GLOBE tional Lakeshore. As you may be aware, the 378)—I vote ‘‘No.’’ Indiana Dunes National Lakeshore came into f being on November 5, 1966. Ruthanne HON. CHRISTOPHER H. SMITH IN RECOGNITION OF THE CITY OF OF NEW JERSEY Slamka began her work with the National Park GAINESVILLE BEING NAMED IN THE HOUSE OF REPRESENTATIVES Service on July 23, 1972 and the Indiana ‘‘MOST PATRIOTIC SMALL TOWN Dunes National Lakeshore held a ceremony IN AMERICA’’ BY USA TODAY Tuesday, July 24, 2012 establishing the park on September 8, 1972. Much work was needed to acquire land Mr. SMITH of New Jersey. Mr. Speaker, last within the park’s boundary, and Ruthanne HON. MICHAEL C. BURGESS week I chaired the first ever congressional served as the primary contact for hundreds of OF TEXAS hearing examining the global challenges in di- individuals and families whose property was IN THE HOUSE OF REPRESENTATIVES agnosing, treating and managing Lyme disease. acquired. Her knowledge of the properties and Tuesday, July 24, 2012 the complex acquisition process earned her My personal commitment to combating the respect of the owners, other government Mr. BURGESS. Mr. Speaker, I rise today to Lyme disease is longstanding—going back 20 entities, and the public at large. Further, the recognize Gainesville, Texas as they were re- years when one of the witnesses we had last meticulous transcripts Ruthanne produced pro- cently named the ‘‘Most Patriotic Small Town week, Pat Smith, attended one of my townhall vide an exceptional insight into the park’s in America’’ by USA Today. meetings in Wall Township, New Jersey and early years, and serve as an invaluable tool Last week, Rand McNally Corporation and asked me to get involved. I did. for those interested in the rich history of this USA Today announced the winners of the On September 28, 1993 I offered an extraordinary landmark. Best of the Road 2012 contest. This contest is amendment to establish a Lyme Disease Pro- Thanks in part to the effort and profes- a nationwide search for America’s best towns gram through the Environmental Hygiene sionalism Ruthanne demonstrated during her for friendliest people, great scenery, terrific Agency of the U.S. Department of the Army. tenure with the Indiana Dunes National Lake- food, patriotic fervor, and just plain fun. It passed and became law. shore, residents of, and visitors to, Northwest I am proud that Gainesville won the cat- On May 5, 1998 I introduced a comprehen- Indiana are able to enjoy the Lake Michigan egory for most patriotic, not only for its num- sive, bipartisan Lyme Disease bill—H.R. 3795 shoreline as well as the miles of recreational ber of monuments and memorials and tremen- Lyme Disease Initiative Act of 1998—which trails and the diverse ecosystem contained dous display of American flags, but especially had at its core, the establishment of a task within the park’s wetlands, prairies, and for- for the genuine spirit of its citizens. As a final- force—an advisory committee—to comprehen- ests. My constituents and I are indebted to ist, Gainesville hosted a two day patriotic cele- sively investigate Lyme with at least four Ruthanne Slamka for her contributions to the bration during the judges’ visit to the city things in mind-detection, improved surveillance only National Park within the First Congres- which included an old fashioned ice cream so- and reporting, accurate diagnosis and physi- sional District. cial and a tour of the city decked out in its cian knowledge. Although she has committed herself to serv- best red, white and blue regalia. In addition, I reintroduced the bill again in 1999, 2001, ing her community through her work with the the judges recognized Gainesville’s Medal of 2004, 2005, 2007, 2009 and 2011. Indiana Dunes National Lakeshore, Honor Host City Program, an annual three day I would note parenthetically that that same Ruthanne’s dedication to her family and loved celebration honoring the military veterans year, I also introduced a comprehensive law to ones is equally impressive. Ruthanne and her awarded our nation’s highest military decora- combat Autism. Despite significant opposition husband, Joseph, have been married for more tion, the Medal of Honor. Also recognized was in Congress and at NIH and CDC that par- than 40 years. Gainesville’s unique downtown area with its alleled the Lyme bill struggle, it became law in Mr. Speaker, I respectfully ask that you and antique shopping and dining venues situated 2000. Last year I authored the Combating Au- my other distinguished colleagues join me in around the historic Cooke County Courthouse tism Reauthorization Act of 2011 which was honoring Ruthanne Slamka, and in wishing on the square. signed into law in the Fall—with the support of her well upon her retirement. Her lifetime of Gainesville was established in 1850 through NIH and CDC. If only we had done the same service to the Indiana Dunes National Lake- a donation of 40 acres of land by Mary E. with Lyme Disease legislation in the late 90s— shore and her unselfish commitment to serv- Clark. The town was named after General Ed- a missed decade on Lyme. ing her community is truly admirable, and for mund Pendleton Gaines, a United States Gen- As I have met scores of patients suffering this, she is worthy of the highest praise. eral sympathetic to Texas during the state’s the devastating effects of Chronic Lyme—who

∑ 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 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K24JY8.001 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS E1304 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2012 only got well after aggressive treatment by a inflammation or heart block in 6 to 10 percent Laboratories, stated that, ‘‘It is a multistage Lyme-literate physician—I have been dis- of patients that appear 4 to 6 weeks after in- disorder that is difficult to diagnose at any mayed and angered by the unwillingness of fection. Symptoms include severe headache stage of the disease as well as being difficult some to take a fresh, comprehensive look at and stiff neck, facial paralysis, weakness and/ to treat during the later symptoms.’’ this insidious disease. or pain of the chest or extremities, rarely optic Dr. Mark Eshoo, the head of new tech- My current bill—H.R. 2557—simply estab- atrophy with blindness and coma. Acroderma- nology at the IBIS Biosciences Division of Ab- lishes a Tick-Borne Disease Advisory Com- titis Chronics Atrophicans, ACA, is a cuta- bott Laboratories told us last week of exciting mittee with the requirement of ensuring diver- neous manifestation that may occur during the information regarding the development of diag- sity of valid scientific opinion—a ‘‘broad spec- second stage to several years after disease nostic tools that, hopefully, will move us past trum of viewpoints’’—on the committee. onset. a lot of the controversy. In Europe, Lyme disease syndromes were The third stage typically involves the onset IDSA has repeatedly stated that there is no described as early as 1883, and by the mid– of arthritis characteristic of rheumatoid arthri- ‘‘convincing’’ evidence that the Lyme Borrelia 1930s neurologic manifestations and the asso- tis, affecting primarily the knees and other persists after standard antibiotic treatment. ciation with Ixodes ticks were recognized and large joints. During this stage, a small percent- ‘‘Convincing is clearly a subjective term; how- known as tick-borne meningoencephalitis. age of patients also suffer from sleepiness, ever, there is substantial evidence of the per- In the United States, Lyme disease was not loss of memory, mood swings, and an inability sistence of B. Burgdorferi after treatment with recognized until the early 1970s, when a sta- to concentrate. antibiotics. There are numerous documented tistically improbable cluster of pediatric arthritis Few diseases have aroused such a high case studies of persistence in humans after occurred in the region around Lyme, Con- level of emotion and controversy among the antibiotic treatment, and our witnesses may necticut. This outbreak was investigated by public, physicians, and researchers than Lyme comment on additional evidence for post-treat- Allen Steere, MD, and others from Yale and disease. There are two distinct views of Lyme ment persistance in humans. Additionally, one stimulated intense clinical and epidemiologic disease; each cites scientific evidence to sup- of our witnesses from last week’s hearing was research. In 1981, Dr. Willy Burgdorfer, an port its claims, while outcomes research is lim- Dr. Stephen Barthold, one of the top experts NIH researcher at the Rocky Mountain Lab- ited and conflicting. One view—promoted by in the country, and I am sure in the world, on oratories, identified the spiral-shaped bacteria the Infectious Diseases Society of America animal models. Dr. Barthold, described pub- (or spirochetes) causing Lyme disease and (IDSA)—is that the disease is ‘‘hard to catch lished and yet to be published experimental made the connection to the deer or black- and easy to cure’’ and denies the existence of studies that provide compelling evidence for legged tick, Ixodes scapularis. chronic Lyme disease or persistent infection B.burgdorferi persistence following antibiotic Lyme disease is the most common vector- with the Lyme bacteria. Any treatment other treatment in animal model systems and their borne illness in the U.S. and is also endemic than a short course of antibiotics is considered potential significance for human medicine. in parts of Europe and Asia, and recently has too risky. Patients who do not fit the paradigm Numerous studies have been conducted of been confirmed to be endemic in the Amazon may have few options outside of psychiatric the mechanisms by which Borrelia may evade region of Brazil. In Europe, the highest rates evaluation. the immune system and antibiotics. Studies are in Eastern and Central Europe. Recent The alternative view—promoted by the Inter- have suggested that resistance to antibiotics surveillance studies have described growing national Lyme and Associated Diseases Soci- might be due to formation of different morpho- problems in Australia and Canada. ety, ILADS, and also by numerous academic logical forms of B. burgdorferi, including cell In the U.S., Lyme disease has been re- researchers in the U.S. and around the wall deficient forms and biofilm-like colonies. ported in 49 states and is most common in the globe—says that the science is too unsettled Research also indicates that Borrelia can ex- northeastern and north central states, and in to be definitive and there can be one or more change genetic material, possibly contributing Northern California into Oregon. Over 30,000 causes of persistent symptoms after initial to its ability to avoid detection by the immune confirmed cases were reported to the Centers treatment in an individual who has been in- system. Several other distinct technical mech- for Disease Control and Prevention, CDC, in fected with the agent of Lyme disease. These anisms are well known by which Borrelia can 2010, making it the 6th most common report- causes include the possibility of persistent in- evade the immune system. able disease in the U.S. and the 2nd most re- fection, or a post-infectious process, or a com- Contrary to known scientific evidence, in a portable in the northeast. CDC has estimated bination of both. These are not ‘‘academic’’ March 21, 2008, letter to Members of Con- that actual new cases may be 10 times more concerns however because the patients’ gress, IDSA stated, ‘‘Not only is this assertion than the reported number—indicating roughly health is at stake. Unfortunately, some aca- [the notion that some spirochetes can persist 300,000 new cases in 2010 alone. About demic researchers believe some of their col- despite conventional treatment courses] micro- 85,000 cases were reported annually in Eu- leagues are more interested in winning argu- biologically implausible, there are no con- rope as of 2006 according to the WHO, but ments than moving the science forward. vincing published scientific data supporting the that was recognized as a gross underestimate. Three areas central to the controversy are: existence of chronic Lyme disease.’’ It is prob- In North America, the only Borrelia species the quality of diagnostics, post-treatment per- lematic that IDSA would write to Congress try- to cause Lyme disease is Borrelia burgdorferi sistence of Borrelia, and available treatment ing to discourage support of legislation saying (or B. burgdorferi); in Europe, B. burgdorferi options in light of clinical guidelines. that post treatment persistence is microbio- and at least four other species of Borrelia Current diagnostic tests commonly used do logically implausible. cause the disease. Different species are asso- not detect the spirochete that causes Lyme Additionally, in an article, ‘‘A Chronic Ap- ciated with different manifestations of disease. disease, rather, they detect whether the pa- praisal of ‘Chronic Lyme Disease’’’ published There also are numerous strains of Borrelia, tient has developed antibodies to the patho- in the October 4, 2007, New England Journal which may affect the ability to evade the im- gen (serological testing). CDC recommends of Medicine, several IDSA physicians and a mune system, the ability to invade certain or- two-tier serological testing, but cautions that CDC colleague made the statement that gans or tissues, and the response to anti- the 2-tier system should be used only for sur- ‘‘Chronic Lyme disease, which is equated with biotics. veillance purposes and not for diagnosis. Part chronic B. Burgdorferi infection is a misnomer, Clinical manifestations of Lyme are usually of the difficulty in clinically managing sus- . . .’’ divided into three stages, although the de- pected Lyme disease is that the CDC protocol While this statement has been referred to scriptions of the stages vary. According to the is frequently not only used, but required for di- repeatedly in other correspondence, calling U.S. Army Surveillance System—which may agnosis. ‘‘chronic Lyme’’ a misnomer does not seem have a greater variety of systems because A study in the Netherlands of eight commer- reasonable or supportable since it goes far they have both domestic and international sur- cially available ELISAs and five immunoblots past expressing uncertainty. It seems clear veillance components—during the first stage, found that they had widely divergent sensitivity that the intent of the statement was to firmly 70 percent of patients display the char- and specificity and a very poor concordance, slam the door on the notion that there possibly acteristic erythema migrans (EM). Other symp- and concluded that ‘‘their high variable sensi- could be chronic Lyme. toms of stage one include profound fatigue, tivity and specificity further puts the much-ad- The final major area of controversy is the fever, chills, headache, sore throat, sore and vocated two-tier testing strategy into ques- significance of the IDSA’s treatment guidelines aching muscles and joints, and swollen tion.’’ which directly impact patients and their ability glands. In addition, two of the authors of a July 3, to get treatment. Guidelines should be devel- The second stage is marked by migratory 2007 article on an antibiotic resistance ele- oped based on the best science, and there musculoskeletal pain, neurological complica- ment in B. burgdorferi, were Julie Boylan and has been extreme controversy regarding the tions in 10–20 percent of patients, and heart Frank Gherardini of NIAID’s Rocky Mountain restrictive nature of the IDSA guidelines. The

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K24JY8.004 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS July 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1305 guidelines do not allow for the possibility of for Infectious Diseases Board of Scientific speak out in an unfettered way. We need gov- chronic infection and severely limit physician Counselors, attended by the then President of ernment agencies to show leadership and to discretion on treating the disease. the IDSA, that CDC should focus on science forcefully say what we know and what we Supporters of the IDSA guidelines point to and not on the concerns of patient groups and don’t know based on the best available evi- dangers of the prolonged use of antibiotics that others may need to step in to assist CDC dence. and the possibility of treating when an infec- with public interface. Collaboration between Thankfully, we can be confident that science tion has not been established. They also fre- the IDSA and government agencies on strate- will prevail: research has been progressing— quently point to alternative therapies which are gies to deal with the public can be seen in we are greatly increasing knowledge of unproven and may be dangerous; however, various statements and documents. pathophysiology, and we seem to be on the such alternative therapies are in the back- The September 2011 article, ‘‘Antiscience cusp of breakthroughs in diagnostics that ground for many diseases—perhaps most well and ethical concerns associated with the ad- hopefully will solve questions of persistence recognized for cancer. Critics of the guidelines vocacy of Lyme disease’’ reflects the degree and active vs. past infection. contend that they are based on highly selec- of hostility toward patients, treating physicians I regret that we did not hear from NIH, CDC, tive science and that guidelines panelists had and the Lyme charities that were formed to nor a representative from the IDSA at last significant conflicts of interest. A 2009 review support education and research on behalf of week’s hearing. They all were invited, but de- of the IDSA guidelines did not result in any patients. clined—the IDSA expressing that their poten- changes. Wouldn’t it be much better if instead of belit- tial witness had a scheduling conflict. IDSA and supporters place heavy weight on tling, insulting, and smearing patients, treating I will reissue an invitation to them—and ex- certain clinical trials of Lyme treatments sup- physicians and advocates, the authors of that pect they will testify before our subcommittee. ported by NIH. There has been much con- study had asked themselves and posed the f troversy of the quality of those trials and their question to others ‘‘What can we do to better MAC NASH generalizability to broad populations of pa- understand and address the needs and con- tients. It is disturbing to the lay bystander that cerns of patients, physicians and advocates?’’ the controversy has ensued for so long with- Two of the witnesses we heard from last HON. TED POE out resolution. Certainly there are numerous week focused on the needs and concerns of OF TEXAS unknowns about the bacteria and the disease; patients and the non-profit organizations fight- IN THE HOUSE OF REPRESENTATIVES however, the public questions why the ‘‘ex- ing on their behalf—namely, Mr. Evan White, Tuesday, July 24, 2012 perts’’ can’t even agree on whether these a former Lyme disease patient, and Ms. Pat Mr. POE of Texas. Mr. Speaker, educators small numbers of clinical trials are well de- Smith, the President of the Lyme Disease As- know that preparing students for future chal- signed, well executed, and of sufficient power sociation, who provided their important per- lenges is an integral part of the job. Today, I (whether they have a large enough number of spectives. What we should never lose sight of am proud to honor retiring Sabine Pass ISD patients), and the degree to which they can be is that the goal of all of our efforts and the Superintendent Malcolm ‘‘Mac’’ Nash for put- generalized to other patient populations. science is to help patients regain health. ting the entire community on his shoulders IDSA supporters have been adamant in the There are numerous Lyme disease non- and helping to rebuild after Hurricane Ike. quality of the studies and the validity of their profit organizations, some of them less in- Mac was born in Silsbee, Texas, and spent use to guide treatments for broad patient pop- formed than others. To cast a wide net and his early years working the oil fields inherent ulations. In fact, several other researchers say that that they are well-intentioned, but ig- to Southeast Texas. A decision to change ca- have been highly critical of the studies, point- norant and ill-formed is not an accurate por- reers into education seemed like a natural ing to specific perceived deficiencies, such as trayal. Many of them are intelligent, savvy choice. He always enjoyed helping others. selection criteria that almost guaranteed fail- people, who established medical and scientific Mac was Superintendent of West Sabine ISD ure, not appropriately defining endpoints, and, advisory boards to advise their organizations. in Liberty, Texas, before being named to the significantly underpowering the studies. One Two that I am most familiar with have funded same position in 2006 at Sabine Pass ISD, a journal article from the Netherlands states, millions of dollars in Lyme disease research, small rural town about three miles from the ‘‘The randomized studies that have been per- providing grants to a Who’s Who of Academic Gulf of Mexico. formed have been of questionable quality and Researchers. One year earlier, Hurricane Rita made land- were heavily underpowered to detect potential Efforts to discredit research because it was fall almost directly over Sabine Pass, causing effects.’’ partially funded by Lyme disease charities are widespread damage across the area. One Many who recognize the shortcomings of therefore disturbing. Such efforts led some rebuilding endured the brunt of the storm better clinical trials to date, stress the importance of searchers to initially submit research studies than any other in the community and that was conducting more well-designed treatment stud- and to leave off some funding sources. Re- the Sabine Pass School, the PreK–12 campus ies with a sufficiently large and representative searchers have also reported that when they opened in 2002. Even though it sustained mil- number of patients, and at least some such ef- have presented research findings to govern- lions of dollars in damages, the School sur- forts are underway around the globe. I am ment officials or other scientists, there has vived and gave the community a place to pleased that Dr. Raphael Stricker, a practicing been more interest in the funding sources than come together. physician who sees many Lyme patients, guid- the research itself. Without speculating wheth- Mac came on board as the repairs from Rita ed us through some of the vast amount of lit- er such intimidation is intentional, it is most were nearing completion. Hurricanes erature on Lyme disease. unfortunate because academic scientists and Humberto in 2007 and Gustav in August 2008, The UK has suffered under a contentious very critical studies have been, and continue while not causing much damage, kept the environment among different Lyme disease to be, supported by several of the Lyme char- community on its toes ready for anything. stakeholders very much like that of the U.S. ities, some of whom have raised millions of They did not have to wait long, as Hurricane We are told however that the UK may be mak- dollars and have invested every penny into re- Ike formed in early September 2008 before ing progress in developing a more cooperative search. making landfall over Galveston, causing mil- environment. I am pleased that Stella Huyshe- At the end of their ‘‘Antiscience. . . .’’ ti- lions of dollars worth of damage to Sabine Shires, the Chairman of Lyme Disease Action, rade, the article’s authors state that the Pass and billions across the entire Gulf Coast in the United Kingdom, was able to share with public’s health will be endangered ‘‘unless re- region. us some of the perspectives on efforts to man- sponsible physicians, scientists, government One building stood out among the mud and age Lyme disease in Europe. I was happy to leaders, and the media firmly stand up for an debris, and that was once again the Sabine hear about the collaboration, funded by the evidence-base approach to this infection that Pass School. Mac knew that he had control of National Institute for Health Research, with the is based on high-quality scientific studies.’’ the only building in town that could survive al- Jack Lind Alliance to identify the uncertainties That is a perfect ending for my remarks be- most anything and he made sure that it was faced during consultations between patients cause that is precisely what the Lyme commu- used to its fullest capabilities. It was a meeting and physicians, to then identify the top unan- nity wants; however, it will be necessary for place, shelter, staging area, and most impor- swered questions about diagnosis and treat- the physicians, scientists, government leaders, tantly, the lighthouse in front of the school ment of Lyme, and to prioritize research. and media to be discerning—to evaluate the served as the ‘‘Beacon of Hope’’ to all citi- This cooperative approach contrasts with evidence to see if it is based on the best zens, a reminder of the fortitude necessary to the environment in the U.S. A recommenda- science and to scrutinize the studies and the weather any storm. tion regarding Lyme disease made during a critiques of those studies to determine whether Nash knew that the community needed May 2005 meeting of CDC’s National Center they are of high quality. We need scientists to some stability and a feeling of normalcy, so

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K24JY8.004 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS E1306 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2012 under his leadership, the staff worked tire- NAVY LT. BRAD SNYDER EM- As I look back over Brad’s candidate state- lessly to prepare the school for a return. The BARKS ON HIS NEXT MISSION— ment to me 11 years ago, I was struck by one Sabine Pass School reopened in early Octo- OLYMPIC GOLD of his life goals. Brad wrote, ‘‘Initially it was ber, missing only 17 days of instruction. 92 Olympic gold that I dreamed of, but as reality perfect of the students were back on the first HON. C.W. BILL YOUNG set in I realized that the military was a more day. They were not just passing time, either. realistic dream. Today I dream that I will be an OF FLORIDA The School would receive exemplary status officer in the best Navy the world has ever from the Texas Education Agency that year. IN THE HOUSE OF REPRESENTATIVES seen, and I hope that my contributions to the After a 6-year tenure as Superintendent of Tuesday, July 24, 2012 Navy can help it grow strong.’’ the Sabine Pass ISD, Malcolm Nash is step- Mr. YOUNG of Florida. Mr. Speaker, I rise Mr. Speaker, Lt. Brad Snyder has already ping down. Because of his courageous leader- to pay tribute to Navy Lt. Brad Snyder, of St. achieved one of his goals—to be an officer in ship, he was named the Region 5 Super- Petersburg, Florida, who I not only have the the best Navy the world has ever seen and to intendent of the Year for 2011–12 and is also honor and privilege to represent but who I ap- help it grow strong. He sacrificed his vision to in the running for the statewide title. Thanks to pointed to the United States Naval Academy. protect his fellow sailors, soldiers, and Ma- Mac’s leadership, Sabine Pass is a stronger, Lieutenant Snyder is an American hero who rines. It is my hope that my colleagues will join better place to live. lost his eye sight in Afghanistan while carrying me in saying thank you to Lieutenant Snyder The Sabine Pass School gets the name of out an extremely dangerous mission to protect for the steep price he paid to protect our free- the ‘‘Beacon of Hope,’’ but the citizens will the lives of his team in the field. dom and at the same time to wish him God never forget the light that Malcolm Nash Lieutenant Snyder is emblematic of the speed as he sets off to London to achieve his shined on the entire community. next goal—to bring home gold from the 2012 And that’s just the way it is. American volunteer spirit that is the cornerstone of our Nation’s fighting force. As a Paralympics. f record setting swimmer at Northeast High When I see the spirit and courage of Lt. IN REMEMBRANCE OF MR. JOHN C. School in St. Petersburg, he informed me in Brad Snyder, I am confident that our nation is FAKAN 2001 of his desire to attend the United States in good hands with a new generation of lead- Naval Academy. ers who understand the value of service and HON. DENNIS J. KUCINICH ‘‘I believe that to serve my country, and by sacrifice. Our best wishes go out to him that attending the Naval Academy, I would be a gold medal may be but one of many great OF OHIO making the most of what I have been given by achievements Brad achieves over his lifetime. IN THE HOUSE OF REPRESENTATIVES God,’’ Brad wrote to me in his candidate state- CONGRESS OF THE UNITED STATES, Tuesday, July 24, 2012 ment. I was proud to nominate Brad in De- C.W. BILL YOUNG, HOUSE OF REP- Mr. KUCINICH. Mr. Speaker, I rise today in cember 2001 and with his appointment, he RESENTATIVES, Washington, DC. remembrance of Mr. John C. Fakan, the skip- joined the Class of 2006 in Annapolis during per of the historic USS COD Submarine Me- the summer of 2002. CANDIDATE’S STATEMENT morial. Brad was an outstanding Midshipman. He Young men and women who are selected Mr. Fakan was born in Cleveland, Ohio on demonstrated his exceptional leadership skill as the Captain of the Navy Swim Team. His for training at one or our Service Academies May 10, 1934. He grew up in Cleveland and receive an outstanding and costly education attended John Marshal High School. John coaches, teammates, and fellow sailors all at the expense of the United States Govern- earned a bachelor’s degree in physics from extolled his exceptional work ethic and ami- ment. Graduates are normally required to Ohio University, a master’s degree in electrical able, trustworthy behavior. serve at least their five years after gradua- engineering from Colorado State University, During his time at Annapolis, Brad learned tion. Congressman Young is most anxious to and a PhD in systems engineering, also from of the mission of our explosive ordinance dis- select young men and women who sincerely Colorado State University. Despite his edu- posal, EOD, teams, the fearless men and desire a service career and who fully intend women who dismantle explosives and Impro- to make it their life’s work. Therefore, application in the sciences, John had interests in cants for appointment to one of the Service vised Explosive Devices, IEDs, to protect many areas. He served as the president of the Academies are requested to complete the fol- Cleveland Philosophical Society and was a Americans in the field, often endangering their lowing: trustee of the Great Lakes Historical Society own lives in the process. Brad decided that he wanted to volunteer for this dangerous assign- I, Bradley W. Snyder, a candidate for ap- and the Historic Naval Ships Society. pointment to one of the United States Serv- John led a life full of accomplishments that ment. ice Academies, do hereby certify that my ap- ranged from working as an aerospace engi- Lieutenant Snyder graduated in May 2006 plication is motivated primarily by a desire neer for NASA’s Lewis Research Center in and became an Explosive Ordinance Officer. to serve my country as a career officer. I fur- Brook Park, Ohio to founding the Medical Data After a 6 month deployment to Iraq, Lieutenant ther state that it is my intention, if ap- Systems Corporation, located Northeast Ohio. Snyder was deployed to Afghanistan on April pointed, to graduate from the Academy and Throughout his career, John helped develop 11, 2011. Despite his father’s passing while he make service in the Armed Forces of the was in Afghanistan, Lieutenant Snyder de- United States my profession and career. I technology used in moon landings and de- make this statement in good conscience and cided to remain on deployment with his team. signed quieter jet engines. He also worked on without mental reservation. Moreover. I the Great Lakes Very High Frequency Com- On September 7, 2011, the front of Lieutenant want to serve my country as a career officer munications System technology that allowed Snyder’s patrol team set off an IED. While in the U.S. Navy because: (Please type in for radio-telephone communication over the providing aid, Lieutenant Snyder stepped on a space below) Great Lakes. pressure plate, detonating another unseen The Naval Academy is one of the best in- Most recently, John had been known as the IED. The second blast inflicted severe burns stitutions in the world, and has the most po- skipper of the USS COD Submarine Memorial, and permanently blinded him. While recov- tential for development in mind and char- a warship that saw battle in both World War ering at the Walter Reed National Military acter. I believe that to serve my country, II and the Korean War. In 2011, John was Medical Center, Lt. Brad Snyder remained and by attending the Naval Academy, I awarded the Casper J. Knight, Jr. Award for positive and focused on healing. would be making the most out of what I have his work restoring and maintaining the sub- Less than 2 months after losing his sight, been given by God. As a young child I dreamed that perhaps one day, I could have Lieutenant Snyder returned to the swimming marine. the chance to represent the great country of I offer my condolences to his wife Helene; pool and swam several hundred meters on his the United States and be a part of it’s world children, Stephen, Debra and Sandra; grand- first attempt. He continued to progress and dominance. Initially it was Olympic gold children, and five siblings. In addition to his train with the intent to serve his country, this that I dreamed of, but as reality set in I real- family, John will be missed by the many peo- time as a member of the U.S. Paralympics ized that the military was a more realistic ple whose lives he affected in his 78 incredible Swim Team. dream. Today I dream that I will be an offi- years. Just last month, Lieutenant Snyder fulfilled cer in the best Navy the world has ever seen, Mr. Speaker and colleagues, please join me his dream and qualified for the team that will and I hope that my contribution to the Navy can help it grow stronger, in honoring John C. Fakan, a leader and a represent the United States in London later role model in the Cleveland community. this summer. Signature Bradley W. Snyder Date 09/06/01.

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K24JY8.005 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS July 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1307 WOOD-PAWCATUCK WATERSHED tor of the Owens Health and Wellness Center, sissippi and is a regular worshipper at the PROTECTION ACT and executive assistant to the president. She Union Church of Christ/Woodworth Chapel at served for ten years as the commissioner for Tougaloo College. SPEECH OF the Mississippi Workers’ Compensation Com- She is married to Marvin Hogan and they HON. JOE COURTNEY mission, four years as the executive director of have two sons, Maurice and Marcellus; two the Governor’s Office of Federal-State Pro- OF CONNECTICUT grandsons, Marsei and Tai’Micah; and two grams, nine years as the executive director of IN THE HOUSE OF REPRESENTATIVES granddaughters, Emani and Liyah. the Mental Health Association in Hinds County Mr. Speaker, I ask our colleagues to join me Monday, July 23, 2012 and the state of Mississippi, respectively. She in recognizing Dr. Beverly W. Hogan for her was once the adjunct instructor in Public Pol- Mr. COURTNEY. Mr. Speaker, I rise in sup- dedication to serving others. port of the Wood-Pawcatuck Watershed Pro- icy at Jackson State University and a frequent guest lecturer at the University of Mississippi tection Act. I also want to thank my colleague, f Congressman JIM LANGEVIN, for his unyielding and Mississippi State University. Additionally, efforts to introduce, promote and advance this Dr. Hogan has been involved with employment PERSONAL EXPLANATION important legislation. and educational training programs in Den- As you know, the Wood-Pawcatuck Water- mark, Sweden, and West Germany in affili- shed Protection Act would initiate an important ation with the German Marshall Fund. Dr. HON. TIMOTHY V. JOHNSON first step to potential National Wild and Scenic Hogan has also been a scholar with the Ket- OF ILLINOIS River designation for portions of the Chipuxet, tering Foundation where her research focus IN THE HOUSE OF REPRESENTATIVES Queen, Wood, and Pawcatuck Rivers in Con- was on Higher Education and Civic Responsi- necticut and Rhode Island. Launching a study bility, in addition to being a participant and Tuesday, July 24, 2012 by the National Parks Service, this legislation presenter in the Oxford Roundtable at Oxford Mr. JOHNSON of Illinois. Mr. Speaker, on could help to verify the outstanding beauty, University in Oxford, England. Monday, July 23, 2012, I was unable to attend abundant fisheries, and historic character that Dr. Hogan holds the Bachelor of Arts de- votes due to a previously scheduled appoint- these free-flowing rivers currently provide our gree in Psychology from Tougaloo College ment. At that time I was in my district meeting local communities and put this designated and a Master’s in Public Policy and Adminis- with constituents to discuss environmental area on a path towards greater preservation. tration from Jackson State University. Dr. Connecticut and Rhode Island are home to Hogan has continued her own education by issues impacting the town of Clinton, IL and some of the most diverse habitats and natural pursuing additional studies at the University of DeWitt County, IL. resources, including the lands and waters of Southern Mississippi and the University of Had I been present, my votes would have the Wood-Pawcatuck watershed. As stewards Georgia. Dr. Hogan is currently furthering her been as follows: for H.R. 2362 and H.R. 3477 of this pristine 300 square mile area, it is our education by pursuing her Doctoral Degree in I would have voted ‘‘yea’’; for S. 2039, I would responsibility to ensure that these natural Human Development and Organizational have voted ‘‘nay’’. habitats are preserved and protected for gen- Leadership at Fielding Graduate University. erations to come. Our communities in Con- She currently holds an Honorary Doctorate in f necticut and Rhode Island have joined to- Humanities from Wiley College in Texas and IN RECOGNITION OF THE REOPEN- gether to help protect this outstanding re- Rust College in Mississippi. In addition to this, ING OF ST. BARBARA CHURCH source and preserve the area’s biological di- she has also earned numerous certificates in versity as well as its seemingly unlimited rec- leadership development, organizational man- reational opportunities. The relationship be- agement, policy development, health and HON. DENNIS J. KUCINICH tween the continued health of our local com- human resources management, alcohol and OF OHIO munities and the continued health of these drug studies, urban development and adminis- waters is one that cannot and should not be trative law. IN THE HOUSE OF REPRESENTATIVES Dr. Hogan has also been credited with pio- overlooked. Tuesday, July 24, 2012 The Wood-Pawcatuck Watershed Associa- neering programs that have improved the tion and the Nature Conservancy have done quality of life for many citizens, including but Mr. KUCINICH. Mr. Speaker, I rise today in an outstanding job advocating for the need not limited to the founding of the first psy- honor of St. Barbara’s Church, one of the 11 and passage of this legislation, garnering the chiatric halfway house in Mississippi, estab- Cleveland Catholic Diocese parishes that will support of every town in the surrounding lishing the first rape crisis center and shelter be reopening this year. areas. It is evident that this locally-driven pri- for battered women, and initiating the state’s In 2009 it was announced that several of ority would benefit greatly from the public-pri- Self Employment Demonstration Project to re- the Cleveland Catholic Diocese’s area church- vate partnership that the Wild and Scenic des- duce welfare dependency and the Rental Re- es, including St. Barbara’s, were to close. ignation entails, and I encourage this body to habilitation and Low Income Tax Credit Pro- However, just months ago, the Vatican overlook favorably on this legislation so that a grams to increase the availability of housing ruled this decision and St. Barbara’s will be re- study for potential designation can begin. for low income families. opening its doors on Sunday, July 22. As a woman dedicated to her community, I urge my colleagues to cast a vote in favor St. Barbara’s Church originally opened in Dr. Hogan volunteers and serves on various of H.R. 3388, the Wood-Pawcatuck Watershed 1906 on top of a hill south of Big Creek in boards, including the community advisory Protection Act. Cleveland. The building burned down in 1913, board for Bancorp South, the Metro Chamber f and a new one was built on the corner of of Commerce, the University Club, and the Denison Avenue and West 15th Street, which HONORING DR. BEVERLY WADE Board of Visitors for the School of Dentistry at was much more accessible for parishioners HOGAN the University of Mississippi. She also serves traveling by foot. In 1925, St. Barbara’s Ele- on the local board for Entergy Mississippi, mentary School was established along with a Sanderson Farm, the Regional Commission HON. BENNIE G. THOMPSON new church building, leaving the old church on Building Philanthropy, the national board of OF MISSISSIPPI building to be used as a hall for events. The directors for the United Negro College Fund, IN THE HOUSE OF REPRESENTATIVES third church building was torn down and re- the National Association for Equal Opportunity placed with yet another in 1952, and would re- Tuesday, July 24, 2012 in Higher Education and the Brown University main the primary church building. Mr. THOMPSON of Mississippi. Mr. Speak- Leadership Alliance. She presently serves as er, I rise today to honor a remarkable public the Chairperson of the Foundation for the Mid- In anticipation of the re-opening, parish- servant, Dr. Beverly Wade Hogan. She was South Board of Directors, and is a founding ioners spent the past several weeks restoring appointed as President of Tougaloo College in member and former president of the Central the building to its former condition, cleaning May 2002. Mississippi Chapter of the National Coalition of the pews and replacing the statues that had Prior to being appointed as President of 100 Black Women. Dr. Hogan is also a mem- been removed after the closing. Tougaloo College in 2002, Dr. Hogan served ber of Alpha Kappa Alpha Sorority and the Mr. Speaker and colleagues, please join me in many capacities at the College. She was Links. in recognizing the reopening of St. Barbara’s the College’s interim president, vice president Dr. Hogan is a current member of the Mt. Church, a beloved parish that has returned to for Institutional Advancement, founding direc- Wade Missionary Baptist Church in Terry, Mis- the City of Cleveland.

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A24JY8.003 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS E1308 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2012 TRIBUTE TO RICHARD KEITH would say that his greatest accomplishment HONORING MEI T. NAKANO SALICK was raising his two sons Philip and David, both world class athletes. HON. LYNN C. WOOLSEY HON. BILL POSEY Richard has personified the successes of OF CALIFORNIA OF FLORIDA extreme sports activity post transplant and has IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES served as an inspiration to all he met including Tuesday, July 24, 2012 Tuesday, July 24, 2012 transplant patients around the world. He will be missed but his legacy and spirit will live on. Ms. WOOLSEY. Mr. Speaker, I rise with Mr. POSEY. Mr. Speaker, I rise today to pride today to honor Mei T. Nakano of pay tribute to Richard Keith Salick whose re- f Sebastopol, CA. Ms. Nakano has spoken out cent and sudden passing has left a hole in the about her life in a World War II internment hearts of the entire Space Coast community INTRODUCTION OF LEGISLATION camp and has become a powerful advocate as well as surfing enthusiasts worldwide, life- TO PERMANENTLY EXEMPT TAX- for human rights, justice, and world peace. long friends, family, and those affected by kid- EXEMPT PRIVATE ACTIVITY Born in Colorado in 1924 to Japanese immi- ney disease. BONDS FROM THE AMT grants who farmed there, Ms. Nakano was Born October 6, 1949, Richard and his twin later interned in a camp in Amache, Colorado, brother, Phil, learned to surf together in their for three years during World War II. She met early teenage years, traveling to exotic surfing HON. RICHARD E. NEAL and married her husband Shiro there and then hot spots around the world making a name for OF MASSACHUSETTS saw him drafted into the U.S. Military Intel- themselves and eventually both were invited IN THE HOUSE OF REPRESENTATIVES ligence Service. to join Dewey Weber’s California-based Surf Tuesday, July 24, 2012 After the war, she raised three children, Team. At that time, Dewey Weber’s team had and, inspired by women’s liberation and civil only a limited number of team members from Mr. NEAL. Mr. Speaker, I am pleased to rights movements, went back to school and the East Coast but it also consisted of the top come before the House today to introduce leg- earned a Master’s Degree in Language and surfers in the world. islation with my Republican Ways & Means Literature at age 51. According to Mei, ‘‘The As Richard worked his way up the up the colleague, JIM GERLACH, that would perma- Japanese American community finally began ladder, he earned a spot on the United States nently exempt tax-exempt private activity to claim its history during the 1970s in the fo- Surfing Team, was selected to join the World bonds from the alternative minimum tax. This ment of the liberation movements. Simulta- Contest Team and signed a contract with bill will help spur additional transportation in- neously, we began to feel the full rights of citi- Hobie Surfboards. A short time later, at the frastructure investments, reduce borrowing zenship and entitlements due us.’’ age of 23, Richard fell ill and was told he costs for students and create jobs and eco- After working for several years as an needed a kidney transplant. Aided by his twin nomic growth. English instructor at Laney College and Diablo brother Phil, who was his first kidney donor, In 2009, we enacted a two-year AMT ex- Valley College, Ms. Nakano became a partner Richard recovered but was told all physical emption that expired at the end of 2010. This and editor at Mina Press Publishing. She sports were out of the question—including provision was extremely successful. From Jan- turned increasingly to free-lance writing and surfing. uary 2009 to the end of 2010, thanks to this human rights activism, becoming well known After a year of recovery, Richard could no provision, the airport industry sold an unprece- for her depictions of the Japanese American longer ignore his desire to return to competi- dented $12.7 billion in private activity bonds experience and the importance of social just tive surfing. He was the first person to develop that were exempt from the AMT, allowing con- and multiculturalism. an ‘‘Ensolite’’ padding system which he struction projects to flourish and jobs to be One of her seminal books, Japanese Amer- strapped around his abdomen to protect his created at airports across the country. And I ican Women: Three Generations, first pub- transplanted kidney and went on to place sec- think it’s telling that in 2011, after the provision lished by Minna Press in 1991 and now in its ond in his first competition. Richard continued expired, airport issuances fell to $4.3 billion, fifth printing, was hailed as the first of its kind to win surf contests and proudly displayed one which is the lowest amount since 2007. historical survey of Japanese American of his trophies at the dialysis unit at Shands This exemption also is critical to reducing women from the initial immigrant generation Hospital in Gainesville, Florida, inspiring other borrowing cost for students around the coun- trying to adapt their cultural values to America kidney patients. try. In Massachusetts, the 2009 PAB–AMT re- through later generations who balanced these Richard continued to surf professionally and lief resulted in almost 20,000 students receiv- values with those of the society they were was dubbed by Nephrology News as ‘‘the First ing low-cost financing for their education. The born into. For Mei’s generation, the second, Professional Athlete to Return to Active Com- average student in Massachusetts borrowing the experience of the World War II concentra- petition after a Transplant.’’ Upon retirement in $16,000 for his or her education saved $1,100 tion camps defined everything that followed. 1980, Salick was ranked the Number 1 surfer in interest over the life of the loan. Mei Nakano organized the first Asian Amer- on the East Coast in the 24–35 year old divi- Mr. Speaker, we’ve seen amazing results by ican Women’s conference in Oakland, in 1992 sion. In 1985 Richard and his brother Phil co- exempting PABs from the AMT and I encour- and continues to speak out movingly and co- founded the National Kidney Foundation Pro age my colleagues to support this important gently about her beliefs and experiences at Am Surf Festival raising millions of dollars bill and make this exemption permanent. high schools, colleges, other institutions, and over the years. This festival is one of the larg- public events. ‘‘The salient point to be made,’’ est charitable surfing events in the world. f she says, ‘‘is how pernicious and destructive ‘‘Richard Salick has received many pres- racism is, how anti-human. It can cause peo- tigious awards over his lifetime including the PERSONAL EXPLANATION ple to defer their aspirations, lose hope, and, ‘‘Nancy Katin Award’’ at the United States at times, strike out in anti-social behavior. Oth- Surfing Championships in Huntington Beach, ers may go down that sinkhole of safety of California. This award was given to one com- HON. CHARLES A. GONZALEZ ‘having done well enough . . .’’ The issue of petitive surfer each year and voted on by all OF TEXAS injustice because of ‘otherness’ is not done. It the worldwide surfing association presidents. IN THE HOUSE OF REPRESENTATIVES takes vigilance to recognize it, a commitment ‘‘Rich also built eleven-time world champion Tuesday, July 24, 2012 to be moved to do something about it.’’ surfer Kelly Slater’s first surf board in Cocoa Ms. Nakano has always been very active in Beach. Mr. GONZALEZ. Mr. Speaker, had I been her local community. Since 1979, she has Over the course of Richard’s life, he en- present for the vote on July 17, 2012, I would been a member of the Executive Board of the dured a total of three kidney transplants all do- have voted ‘‘yes’’ on the suspension bill to au- Sonoma County Japanese American Citizens nated by his brothers Phil, Chan and Wilson. thorize appropriations for the Department of League, and she was an organizer of the suc- In January of 2000, Salick was inducted into State for fiscal year 2013 (H.R. 6018). Also, cessful effort to establish the Sonoma County the Surfing Hall of Fame as an ‘‘East Coast had I been present for the vote on July 17, Commission on Human Rights. She served as Surfing Legend’’ and was also inducted into 2012, I would have voted ‘‘yes’’ on the Insular the Commission’s first chair (1992). the Black Belt Martial Arts Hall of Fame in Areas Act of 2011 (S. 2009), and had I been In speaking out on the injustices she sees, 2008 along with his son David. Besides being present for the vote on July 18, 2012, I would Mei Nakano also gives us a message of hope: an accomplished surfer, inventor, inspirational have voted ‘‘yes’’ on the Sequestration Trans- ‘‘Finally, I need to say that I rejoice in the fact speaker, and post transplant athlete, Richard parency Act of 2012 (H.R. 5872). that we’ve come a long way here in America

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.006 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS July 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1309 regarding the issue of ‘otherness,’ not the through Devil Pups’ Good Citizenship-Physical CONGRATULATING ROBERT least of which is the extraordinary fact of elect- Development Program. BAUMAN ON HIS RETIREMENT ing an African American president. For me, The program’s impetus was the burning of the ‘foreign-ness’ which I felt so starkly in an American flag by a group of teenagers at HON. BRUCE L. BRALEY childhood and in my growing years, has a Southern California high school in 1953. Ag- OF IOWA gradually dissipated as I find myself tossed in gravated by this activity and the attitudes of IN THE HOUSE OF REPRESENTATIVES the salad bowl of American society, proud to the American youth it represented, retired Ma- be in the skin I’m in.’’ rine Corps Colonel Duncan Shaw Sr. and a Tuesday, July 24, 2012 Mr. Speaker, Mei T. Nakano has used the group of retired Marine Corps Reserve Offi- Mr. BRALEY of Iowa. Mr. Speaker, today I’d experiences of her life to inspire others and is cers asked the Commandant of the Marine like to congratulate Bob Bauman on his long- now enjoying time with her husband of 69 Corps to help aid character development in awaited and well-deserved retirement from the years and her three children as well as her teenage boys and girls and enable them to Butler County Rural Electric Cooperative, grandchildren and great grandchildren. She is become healthier and more successful citi- REC. Bob has served as CEO and General also gardening, reading, responding to re- zens. Manager in Allison, Iowa, since 1984, and has quests for writing articles, working on book of The Commandant agreed to help if the been very active in rural development. He was short stories, and, of course, speaking out former Marines would form a charitable cor- instrumental in establishing an economic de- when the need arises. Please join me in hon- poration to solicit contributions needed for velopment program at Butler County REC and oring this special activist who reminds us of food, transportation, insurance, and other sus- building a $1.8 million revolving loan fund for the causes worth fighting for. tainable items the government is prohibited the program. In addition, he was the leader in f from paying for. forming Homeward Inc., a nonprofit housing The next summer, Camp Pendleton Com- provider assisting rural Iowans with their hous- IN RECOGNITION OF THE REOPEN- manding General John T. Selden granted per- ing needs. Homeward has made more than ING OF ST. PATRICK’S CHURCH mission for the nonprofit corporation Devil $10 million in loans in 25 Iowa counties and Pups Inc. to bring aboard 1,800 14- to 17- assisted 1,000 families as they acquire and HON. DENNIS J. KUCINICH year-old boys. In 1998, Devil Pups welcomed maintain their homes. OF OHIO its first platoon of girls into the program. He has served on the Governor’s Task IN THE HOUSE OF REPRESENTATIVES Through the efforts of the active duty and re- Force on Housing, the Iowa Institute of Co- Tuesday, July 24, 2012 serve Marines and Devil Pups volunteers, the operatives Legislative Committee, and on program has grown into a highly successful boards of directors for the Iowa Association of Mr. KUCINICH. Mr. Speaker, I rise today in annual project. This summer, Devil Pups will Business and Industry, the Community Vitality honor of St. Patrick’s Church, one of the 11 graduate its 50,000th pup. Center, the National Rural Utilities Cooperative Cleveland Catholic Diocese parishes that will The name ‘‘Devil Pups’’ was conceived after Finance Corporation, CFC, and the National be reopening this year. observing that German troops during World Cooperative Services Corporation. He’s also In 2009 it was announced that several of War I called U.S. Marines ‘‘Devil Dogs’’ be- served on the National Rural Electric Coopera- the Cleveland Catholic Diocese’s area church- cause of their battlefield accomplishments and tive Association, NRECA, Community and es, including St. Patrick’s, were to close. How- valor. This success and challenge under Economic Development Committee, and as ever, just months ago, the Vatican overruled stress is a fitting precursor for the name ‘‘Devil chair of the NRECA/CFC Rural Housing Com- this decision and St. Patrick’s will be reopen- Pups.’’ mittee. ing its doors on Sunday, July 22. The Devil Pups program is a demanding In March 2012, the Iowa Area Development St. Patrick Parish, which was founded on physical and academic good-citizenship pro- Group honored Bob with the Silver Shovel March 17, 1848, is the mother church of 13 gram. The program is more mental than phys- Award for outstanding leadership, innovation, parishes on Cleveland’s west side. The church ical, reflecting the whole person concept. The and achievement in business and community was built using sandstone in 1898 and still has program foundations are intellectual, spiritual, development. its original stained glass windows portraying social, and physical. Calling Bob a leader is an understatement. the saints. The parish grounds also include a He has had a tremendous impact on the qual- Community Center, Rectory, Cemetery, gym, Because of the limited space and ongoing military activities at Camp Pendleton, the pro- ity of life of thousands of Iowans, and he has and West Park Catholic Academy’s two school been a good friend and adviser to me. I wish buildings. gram is only open to teens 14 to 17 years old from California, Nevada, and Arizona. It costs Bob all the best in his next endeavor, and I St. Patrick Parish had served more than know his wife, Vicki, and all of their children, 1,110 families in Cleveland’s West Park neigh- nearly $500 per teen to put on the program each year, but no teen has ever been asked are proud of him. borhood before being closed. Upon reopening, f the parish anticipates that nearly 80 percent of to pay for the experience and no government their former parishioners will return to worship. funds are expended. The money raised to pay PERSONAL EXPLANATION Mr. Speaker and colleagues, please join me for the 10-day encampment is done through in recognizing the reopening of St. Patrick’s generous grants, fundraisers, and individual contributions. HON. XAVIER BECERRA Church, a beloved parish that has returned to OF CALIFORNIA the City of Cleveland. Mr. Speaker, I am proud to be a Devil Pups graduate and for my continued association IN THE HOUSE OF REPRESENTATIVES f with its program. I know my colleagues join Tuesday, July 24, 2012 IN HONOR OF DEVIL PUPS’ 50,000 me in congratulating Devil Pups Inc. and its Mr. BECERRA. Mr. Speaker, yesterday I GRADUATES volunteers for reaching the 50,000 pup mile- was unavoidably detained and missed rollcall stone and for their efforts to help shape our votes 499 and 500. If present, I would have HON. ELTON GALLEGLY youth into confident, healthy, and productive voted ‘‘nay’’ on rollcall vote 499 and ‘‘nay’’ on OF CALIFORNIA citizens. rollcall vote 500. IN THE HOUSE OF REPRESENTATIVES f f Tuesday, July 24, 2012 RECOGNIZING MR. WILLIAM PERSONAL EXPLANATION Mr. GALLEGLY. Mr. Speaker, I rise in honor RASPBERRY of Devil Pups Inc. as it celebrates the 50,000 teenagers who have graduated from its pro- HON. SAM GRAVES HON. BENNIE G. THOMPSON gram since its inception in 1954. OF MISSOURI OF MISSISSIPPI Mr. Speaker, I am one of those graduates, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES having completed the program in 1958. I continue to support the program as a member of Tuesday, July 24, 2012 Tuesday, July 24, 2012 Devil Pups’ Advisory Board. I can personally Mr. GRAVES of Missouri. Mr. Speaker, on Mr. THOMPSON of Mississippi. Mr. Speak- attest to the program’s success in building Monday, July 23, I missed a series of rollcall er, I rise to honor the honorable Mr. William teenagers’ self-confidence and in teaching votes. Had I been present, I would have voted Raspberry. Mr. Raspberry was born on Octo- them to take responsibility for their actions ‘‘yea’’ on Nos. 499, 500, and 501. ber 12, 1935 to proud parents Mr. James Lee

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.009 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS E1310 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2012 and Mrs. Willie Mae Raspberry. A native of Connecticut. Cleveland’s location along Lake viding community service to the residents of Okolona, Mississippi, Mr. Raspberry has be- Erie made it an ideal place to build a new city Northwest Wisconsin. Your contributions are come a celebrated writer as a result of his with its convenient transportation routes and invaluable. commentary on social and political issues. abundant natural resources. The city quickly f Mr. Raspberry received his Bachelor’s of became a major industrial center, most nota- Science Degree from Indiana Central College, bly for automobile manufacturing and was the A TRIBUTE IN HONOR OF THE now known as The University of Indianapolis, original site of John D. Rockefeller’s Standard LIFE OF ROBERT F. LAUTZE in 1958. After receiving his degree, he served Oil Company. In 1949, Cleveland was named as a public information officer with the United an All-American city for the first time. HON. ANNA G. ESHOO States Army from 1960 until 1962 at which Today, Cleveland is the home to many land- OF CALIFORNIA time he began working at the Washington marks and tourist attractions, such as The IN THE HOUSE OF REPRESENTATIVES Rock and Roll Hall of Fame and the various Post as a teletypist. In 1966, he was named Tuesday, July 24, 2012 as a columnist for the Washington Post. As a museums located in University Circle. The city result to his exemplary contributions in lit- has professional baseball, football, and bas- Ms. ESHOO. Mr. Speaker, one of the privi- erature, Mr. Raspberry was first nominated for ketball teams with thousands of fans who leges we have in the House is to commemo- the Pulitzer Prize in 1982 prior to receiving the enjoy cheering them on year-round. Cleveland rate the lives of great Americans and the con- Pulitzer Prize for Commentary in 1994. has also retained and celebrated a wide range tributions they have made to our communities Through his work with the Washington Post, of cultural and ethnic groups that have settled and our country. Mr. Raspberry has dictated his strong opinions in the area over the years. Today, it is an honor to pay tribute to Robert about the problems in American society. He A celebration is being held on July 22 to F. Lautze who passed away on May 8, 2012, has been noted for often writing about edu- recognize the 216-year history of this incred- after a long life of service and celebration. He cation, criminal justice, family, and racial mat- ible city. The event will be located at Jacob’s was a resident of the Bay Area and lived most ters in America. As a principal opinion on Pavilion at Nautica and will feature food truck of his life in San Carlos, California, a commu- these particular issues, Mr. Raspberry has vendors and the attendance of people from as nity I’ve represented as a San Mateo County often been quoted in many different publica- many as 107 cultural groups. Supervisor and as a Member of Congress. tions and has also been asked to speak at Mr. Speaker and colleagues, please join me Rob was eighteen minutes older than his various conferences and seminars. in honoring the City of Cleveland as it cele- identical twin, Richard, and for years they In addition to providing a weekly column in brates 216 years of history, culture, and a were known as ‘‘Rob and Rich’’ or the ‘‘Lautze the Washington Post, Mr. Raspberry has also bright future. brothers.’’ Prior to World War II, they left their served in other capacities throughout his life- f hometown of San Francisco and together be- time. He served as a journalism instructor at came star athletes on the basketball court at CONGRATULATING THE ROTARY Santa Clara University. Thus began a life-long Howard University from 1971–1973; Member CLUB OF SUPERIOR, WISCONSIN, of the Board of Advisers, Poynter Institute for relationship with the University where both ON THE 100TH ANNIVERSARY OF Rob and Rich would each serve on the Board Media Studies, 1984; Member of the Board of ITS FOUNDING Visitors, University of Maryland School of of Regents, the Board of Trustees, and as Journalism, 1985; television commentator for President of the Alumni Association. WTTG, Washington, DC, 1973–1975; Tele- HON. SEAN P. DUFFY During World War II, they joined the Navy, OF WISCONSIN vision Discussion Panelist, WRC–TV, Wash- became officers, and served aboard ships in IN THE HOUSE OF REPRESENTATIVES ington, DC, 1974–1975, and a Member of the the Pacific. When they returned, they cele- Pulitzer Prize Board, 1979–1986. As of 2008, Tuesday, July 24, 2012 brated a double wedding and joined an ac- Mr. Raspberry has also served as the Presi- Mr. DUFFY. Mr. Speaker, I rise today to ask counting firm in San Francisco that became dent of ‘‘Baby Steps’’, a parent training and my colleagues to join me in congratulating the Lautze & Lautze. To this day the firm has kept empowerment program based in Okolona, Rotary Club of Superior, Wisconsin, on the this name even though the brothers retired Mississippi. He is also the author of Looking celebration of its 100th anniversary. over twenty years ago. Backward at Us, a collection of his columns All of us know how important Rotary Clubs Many years ago, the Lautzes gave a young from the 1980s. are in each of our districts. In addition to mak- college graduate his first job at their firm, and Mr. Raspberry has also received honorary ing a tremendous difference locally, Rotary when the new employee thought he might degrees from Georgetown University, Univer- also plays a key role in marshaling incredible have a vocation in the priesthood, they en- sity of Maryland, and the University of Indian- resources, internationally, to provide services couraged him and gave him support. Paul apolis; he received an honorary Doctor of and to do good throughout the world. The Locatelli became a Jesuit priest, the President Laws degree from Colby College. He was also most notable accomplishment of Rotary, of of Santa Clara University, and a celebrated the Knight Professor of the Practice of Com- course, is the near eradication of polio, the American educator. He often said one of the munications and Journalism at the Sanford In- most dreaded childhood disease of the 20th reasons he became a priest was the example stitute of Public Policy at Duke University. Dur- Century. and support of Rob and Rich Lautze. ing his career, Mr. Raspberry has also served The Superior Rotary Club was the 40th Rob’s contributions to the community were as a member of the National Association of chartered in the United States and the first in numerous—the Kiwanis Club, the Burn Wound Black Journalists, Capitol Press Club, and the great state of Wisconsin, becoming a Center at St. Francis Hospital, the Hanna Kappa Alpha Psi Fraternity Incorporated. model for other clubs in the state. Since its es- Boys Center, the Little Sisters of the Poor, and On November 12, 1966, Mr. Raspberry mar- tablishment in 1912, the Rotary Club of Supe- as a member of the board of the Marianists ried Sondra Patricia Dodson and together they rior has supported many charitable causes Province. He was one of the first treasurers of had three children, Patricia, Angela, and Mark. and worked to improve the quality of life in his beloved parish of St. Charles Catholic f Northwest Wisconsin. Church, served in the Knights of Columbus, Among many notable accomplishments dur- and coached the boys’ basketball team with IN HONOR OF THE 216TH BIRTH- ing its 100 year history, the Superior Rotary his brother. DAY OF THE CITY OF CLEVE- launched the Boys Scouts in Superior and Rob was the proud father of five children: LAND provided loans to dairy farmers during tough Karen, Mary, Susie, Rob, and Steve. His first economic times. More recently, the club has wife, Alice, known as ‘‘A,’’ passed away in HON. DENNIS J. KUCINICH focused locally on fighting another dreaded 1983, after over 35 years of marriage. In OF OHIO disease, cancer. The Lake Superior Dragon 1984, he married fellow parishioner, Patricia IN THE HOUSE OF REPRESENTATIVES Boat Festival is now in its 11th year and has Murphy Laute to whom he was married for 28 contributed hundreds of thousands of hands to years, and was the beloved patriarch to Tuesday, July 24, 2012 fighting this struggle. Additionally, the club Patty’s sons and family. Mr. KUCINICH. Mr. Speaker, I rise today in reached across the world to Superior’s sister Mr. Speaker, Rob Lautze called life a ‘‘sim- honor of the 216th birthday of the City of city, Ami-Machi, Japan, to mark their centen- ple equation.’’ He counted his blessings often Cleveland, Ohio, one of the nation’s most sto- nial anniversary by unveiling the creation of a and out loud. He served so many in so many ried communities. friendship garden, a three year project. ways, and at the same time he quietly helped Cleveland was officially founded on July 22, Congratulations to the Rotary Club of Supe- friends and neighbors with personal chal- 1796 by Moses Cleaveland, a surveyor from rior and the Rotarians for 100 years of pro- lenges. He was gentle in spirit, generous, and

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.014 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS July 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1311 kind. He loved to laugh and in every picture of vital part of long-term U.S. economic secu- OUR UNCONSCIONABLE NATIONAL him there is a genuine smile—as well as a rity. DEBT discreetly held cigar. Critics largely forget that U.S. tax dollars Rob Lautze was a beloved member of our rescued the economy from the brink of col- HON. MIKE COFFMAN community who lived his faith, loved his fam- lapse in 2008. Putting basic rules in place to OF COLORADO prevent a crisis of this magnitude from being ily, and served his community and his country. IN THE HOUSE OF REPRESENTATIVES We celebrate his life, and I’m proud to honor repeated was not only responsible—it was essential. Tuesday, July 24, 2012 his memory in the U.S. House of Representa- tives. Rep. Barney Frank (D-Mass.) and I worked Mr. COFFMAN of Colorado. Mr. Speaker, Mr. Speaker, I ask the entire House to join with both Democrats and Republicans for on January 20, 2009, the day President me in expressing our sympathy to the Lautze two years to craft a bill to do just that— Obama took office, the national debt was using a transparent process to update our fi- family. Our nation has lost a beloved citizen $10,626,877,048,913.08. nancial system for the first time since the Today, it is $15,877,234,078,986.00. We’ve who made our community stronger and our 1930s. added $5,250,357,030,072.92 to our debt in country better. This was a fundamental transformation of just over 3 years. This is debt our nation, our f our regulatory structure, allowing regu- economy, and our children could have avoided CHRIS DODD REAFFIRMS THE lators to keep pace with the 21st century’s with a balanced budget amendment. NEED FOR FINANCIAL REGULA- global financial marketplace. The pace of f implementation has been slow because the TION complexities of these problems required CONGRATULATING REV. ‘‘BOB’’ careful consideration. XIUQUI FU HON. BARNEY FRANK I’ve always believed that a thoughtful ap- OF MASSACHUSETTS proach is needed to ensure these issues are HON. JOHN R. CARTER IN THE HOUSE OF REPRESENTATIVES adequately studied and new rules are imple- OF TEXAS mented correctly. Though it’s important IN THE HOUSE OF REPRESENTATIVES Tuesday, July 24, 2012 that these new regulations be implemented Mr. FRANK of Massachusetts. Mr. Speaker, soon, it’s far more important that these reg- Tuesday, July 24, 2012 working with then Senator Chris Dodd on fi- ulations get it right. Mr. CARTER. Mr. Speaker, I rise today to nancial reform and other matters from 2007 The law that Frank and I—and many other congratulate Rev. ‘‘Bob’’ Xiuqui Fu on the ten through 2010, was very rewarding. Senator members of Congress—completed two years year anniversary of his organization, ChinaAid Dodd’s leadership in the Senate in getting a ago is having a significant effect, providing Association. This Texas-based organization tough, complex regulatory bill past the Senate critical benefits to U.S. consumers. has been at the forefront of the struggle for filibuster, was an extraordinarily impressive For decades, regulators focused exclusively freedom and rights in China. ChinaAid is doing achievement. While he has moved on from on protecting the safety and soundness of important work and I hope they will continue to Congress, Chris Dodd continues to defend the the financial system—not consumers. We flourish in their next ten years. important reforms Congress adopted 2 years created a new watchdog—the Consumer Fi- In 2002, only six years after migrating to the ago, and in yesterday’s Politico, he wrote an nancial Protection Bureau—whose sole focus United States, Rev. Fu founded the ChinaAid is to protect consumers from abusive and de- Association to promote religious freedom and important article that refutes the criticism of ceptive financial practices. the bill that comes from a number of sources, raise worldwide awareness of the ongoing and unjust persecution of religious believers in primarily those financial industry leaders who Its work is under way with the creation of consumer-friendly mortgage forms and cred- China. ChinaAid’s goal is to provide for the behaved irresponsibly and resent the fact that it card agreements that force lenders to give physical, legal, and spiritual needs of victims they have diminished opportunities to do so. borrowers a clear and accurate description of of human rights abuses and to be a ‘‘voice for Because this debate now goes on with people their loan terms. The bureau also has the the voiceless’’ in Washington, DC and the trying to roll back their efforts to provide some power to crack down on deceptive practices— capitals of the world. stability in our financial system, I ask that as revealed last week in the settlement with ChinaAid is not only an effective voice for Capital One, which must send refunds to Chris Dodd’s article be printed here. the voiceless, but is also working to make [From POLITICO, July 22, 2012] nearly two million customers. Solutions like this, unimaginable two years ago, are forcing sure China’s human rights defenders are able WHY DODD-FRANK IS NECESSARY financial institutions to rethink some prod- to speak against injustice. In recent years, (By Former Sen. Chris Dodd) ucts they offer and adopt new consumer- ChinaAid has expanded its mission to support Wall Street received a long overdue regu- friendly practices. legal defense in religious persecution cases, latory overhaul two years ago that fun- We also established requirements for banks academic research on the rule of law, and the damentally changed the way the financial to maintain higher capital levels to better training of human rights defenders. sector operates and can finally provide the absorb unexpected losses. Those running fi- Rev. Fu knows first-hand what it’s like to be American people with a more secure finan- nancial institutions are required to be far persecuted by the Chinese government. In cial sector. more knowledgeable about their firm’s ev- 1989, he was one of the student leaders in At the time, I knew that these reforms we eryday dealings. Regulatory agencies must devised in Congress would not be popular Tiananmen Square demonstrating for freedom now communicate in real time with one an- with those who either had a vested interest and democracy. After the bloody crackdown, other and watch for problems ahead. Dodd- in seeing them overturned or believed that a Bob became a Christian and led a house Frank also prohibits the Federal Reserve repeal of Dodd-Frank is good politics. church while teaching English at the Com- The Wall Street Reform and Consumer from bailing out failing firms and brings munist Party School in Beijing. Considered a Protection Act passed two years ago last more accountability to the $600 trillion de- rivatives market. threat to the Chinese Communist government, Saturday, overcoming many efforts to kill Bob and his wife Heidi were imprisoned for ‘‘il- it. Opponents have since spent millions to The bill we passed is by no means perfect. legal evangelism’’ causing them to flee from stall implementation of new financial rules— But reversing course now can only weaken China in 1996. He eventually migrated to the while attempting to build support for repeal. the economy and bring back the reckless Yet 73 percent of Americans support strong days of lax regulations—or no regulations— United States with the assistance of members oversight of Wall Street and this law’s provi- and abusive practices that nearly destroyed of Congress and then President Bill Clinton. sions, according to recent polling by Lake the economy. Pastor Fu is recognized as a leading expert Research Partners. And for good reason. on religious freedom and the rule of law. He Our time and energy would be better spent Consider the recent revelations that one regularly testifies before the U.S. Congress working together to strengthen this law and bank has admitted and others are being in- improve the work we started—responsibly and has provided expert testimony before the vestigated for manipulating Libor, the inter- implementing an effective regulatory struc- European Union and the United Nations. Bob bank loan rate. Another bank suffered a $6 ture that puts the best interests of the has also established a close working relation- billion trading loss because of bad actors. American people above all else. ship with President George W. and Laura These misdeeds and more are making the strongest case for implementing Dodd- Chris Dodd, a Democrat who represented Bush, taking the first group of Chinese ‘‘house Frank. Connecticut in the Senate for 30 years, is a church’’ Protestant leaders to meet a sitting Opponents of this law will likely continue co-author of the Dodd-Frank Wall Street Re- President in the White House. their efforts to weaken our work. But sup- form and Consumer Protection Act. He re- The work of his organization is vital, it is ef- porters of these financial reforms must con- tired in 2011 and is now chairman and CEO of fective, it is bipartisan, and it is necessary. Ev- tinue to explain why these changes are a the Motion Picture Association of America. eryone here in Congress will agree, a future

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K24JY8.011 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS E1312 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2012 China that respects the freedom of speech, his wife of over 60 years Hilda, four children, will eradicate the HIV/AIDS pandemic through the freedom to worship, and the rule of law and eight grandchildren. advances in medicine, technology and sci- will be a critical strategic partner with the Harry will always be remembered for his in- entific research—if we work collectively. This United States. credible work ethic, generosity, contributions international conference is a great stepping ChinaAid is working to ensure this future to the community and love of family. His dedi- stone, providing an opportunity for some of the and that is why it should be congratulated cation to his family, work and community is a world’s greatest minds to exchange ideas and today on its tenth anniversary. testament to a life lived well and a legacy that work towards ‘‘turning the tide together.’’ f will continue. I extend my condolences to Har- f ry’s family and friends; although Harry may be TRIBUTE TO HARRY EISEN gone, the light and goodness he brought to A TRIBUTE TO HONOR STANFORD the world remain and will never be forgotten. UNIVERSITY’S WOMEN’S WATER POLO TEAM HON. KEN CALVERT f OF CALIFORNIA THE XIX INTERNATIONAL AIDS IN THE HOUSE OF REPRESENTATIVES HON. ANNA G. ESHOO CONFERENCE Tuesday, July 24, 2012 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Mr. CALVERT. Mr. Speaker, I rise today to HON. YVETTE D. CLARKE Tuesday, July 24, 2012 honor and pay tribute to a dear friend of mine, OF NEW YORK Harry Eisen. Harry passed away on Thursday, IN THE HOUSE OF REPRESENTATIVES Ms. ESHOO. Mr. Speaker, I rise today to July 19, 2012 in Norco, California. A Holo- congratulate the Stanford University Women’s caust survivor and longtime businessman in Tuesday, July 24, 2012 Water Polo Team on winning back-to-back Norco, he was a pillar of the community and Ms. CLARKE of New York. Mr. Speaker, I NCAA Women’s Division I Water Polo Cham- will be deeply missed. would like to welcome the XIX International pionships in 2011 and 2012. Harry was born in May 1917 in Izbica AIDS Conference, AIDS 2012, to Washington, The Stanford University Women’s Water Kujawska, Poland, the son of Yechezkel and DC this week. This year, for the first time Polo Team has combined talent and competi- Mindel Eisen. His entrepreneurial spirit since 1990, the XIX International AIDS Con- tive spirit with the highest ideals of good emerged at the age of 15, when he and a ference is being held in the United States. sportsmanship to establish itself as a truly ex- partner ran a meat production plant in War- This conference gives those living with the dis- ceptional group. With admirable dedication, saw. He was conscripted as an officer in the ease, scientists, doctors, advocates, policy- the Cardinals worked diligently to achieve the Polish cavalry in September 1939 and served makers and government officials an oppor- ultimate proficiency in water polo, and as a re- honorably as an officer, but was captured by tunity to collaborate and share information result, ended their season with a 6–4 victory the Nazis in World War II. He worked in a garding the various scientific advances in HIV/ over the University of Southern California Tro- labor camp coal mine before his transfer to AIDS treatment and prevention. This year’s jans to earn their second consecutive and the Auschwitz death camp in 1942. theme, ‘‘Turning the Tide Together,’’ was se- third overall NCAA Championship. Harry’s experiences as a prisoner at Ausch- lected to emphasize ‘‘how a global and deci- The Cardinals went into the tournament witz were nothing short of horrifying. Harry sive commitment is crucial to change the after falling 8–7 in overtime to UCLA in the and his wife Hilda, a Jewish classmate hailing course of the epidemic now that science is Mountain Pacific Sports Federation tour- from the same village in Poland, seldom presenting promising results in HIV treatment nament championship match. Stanford led spoke of their imprisonment, but following the and biomedical prevention.’’ UCLA 3–2 after the first quarter and carried a opening of the Holocaust Memorial Museum in Empirical data indicates over 34 million indi- 5–4 advantage at halftime. The team used the Washington, D.C. and the growing number of viduals worldwide have HIV/AIDS. In the loss to rally going into the NCAA tournament, Holocaust deniers, they felt it was their duty to United States alone, there are approximately blowing past their competition with a 17–5 vic- tell their story. Harry described the Holocaust 1.2 million people infected with HIV/AIDS. Of tory over Pomona-Pitzer, and a 12–3 victory as ‘‘going through hell.’’ Every day he saw the 1.2 million, approximately half are African- over UC Irvine in the initial tournament games. men, women and children die of starvation American and only about 13 percent of the Stanford held a lead over USC throughout and other atrocities committed by Nazi sol- United States population. most of the championship game 3–2. Neither diers, and he marched with other prisoners ‘‘Turning the Tide Together’’ is a call to ac- team led by more than a single goal, and through the woods with rags instead of shoes. tion. One of the issues that will be addressed USC’s only advantage came when they Thankfully, he managed to escape as Nazis at the conference is the racial disparities of scored the opening goal. Kaley Dodson and set fire to the camp in 1944, but not without the disease. Specifically, conferees will dis- Pallavi Menon both contributed a pair of goals a reminder of his time there: a tattoo of his cuss ‘‘strengthening the responses to HIV while Kiley Neushul and Kaitlyn Lo are cred- prisoner number on his left arm. among the diverse populations and commu- ited with a goal each. More impressively, After fleeing to the United States in 1948, nities affected by this disease, to advance the Menon played with a torn ligament in her the Eisens established themselves in Los An- knowledge, implementation and scale up of elbow. Cardinal Goalie, Kate Baldoni, geles despite being penniless and unable to evidence-informed HIV and AIDS strategies achieved the high honor of Most Valuable speak English. Harry began working in a and programs.’’ As of June 2011, there are Player of the NCAA tournament. With 15 butcher shop to save money and purchased over 27,000 people living with HIV or AIDS in saves in the championship game and 29 his first 100 chickens in Arcadia. He was often my congressional district, which is located in saves in the tournament, Baldoni allowed only seen riding his bicycle around the city selling central Brooklyn. Of that 27,000, close to 60 9 goals within the 3 games. This victory eggs. Eventually he outgrew the facility in Los percent are Black Americans. Unfortunately, marked Stanford’s 103rd NCAA championship Angeles and moved his wife and four children my district has the highest number of newly di- trophy overall and third in women’s water polo. to Norco to establish Norco Egg Ranch, em- agnosed cases in New York City and for a va- Going into the season, Stanford was ranked ploying over 400 people and owning millions riety of reasons, one of which is lack of ac- the No. 1 team in both the Collegiate Water of chickens. It eventually became a major sup- cess to healthcare. We have the worst post-di- Polo Association Varsity Top 20 Preseason plier of eggs in North America. Harry sold his agnosis outcomes in New York City. Poll and the MPSR’s Preseason Coaches Poll. business in 2000 to Land-o-Lakes, but contin- Given the numbers from my district, I am The Cardinals did not disappoint, finishing the ued to work as a consultant while managing thrilled that this year’s conference is about ac- season with a 26–2 record despite the ab- his properties in California, Arizona, and Ne- tion. It is about mobilizing everyone and taking sence of two key players. Both Annika Dries vada. decisive measures—whether it is on a specific and Melissa Seidemann redshirted this year in According to his daughter Mary Cramer, health policy or making sure prescription drugs order to train for the 2012 Summer Olympics Harry often said, ‘‘There is no place like Amer- are affordable and accessible to those who with the U.S. National Team. As both young ica.’’ His strength in the face of adversity and need it. Though the HIV/AIDS community still women return to the team next season, their his modesty serve as an inspiration to those has a long way to go, we have come so far U.S. National Team teammate Maggie Stef- who believe in the value of hard work and de- since the beginning of the epidemic in the fens will join them at Stanford, where the fu- termination. Harry’s incredible success from 1980s. We are at the crossroads of HIV detec- ture for this team is exceptionally bright. humble beginnings and overcoming the hor- tion and treatment, and at the threshold of Mr. Speaker, I ask the entire House of Rep- rors of Nazi occupation is the personification preventive measures. Given the emerging sci- resentatives to join me in congratulating of the American Dream. Harry is survived by entific breakthroughs, I firmly believe that we Coach Josh Tanner, seniors Pallavi Menon,

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.017 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS July 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1313 Alyssa Lo, Cassie Churnside, and Monica Cyprus, a member of the European Union. vides reliable and inexpensive services to Coughlan; their teammates Kate Baldoni, More recently, Turkey has threatened the businesses and residents alike. We must rec- Jillian Garton, Alexis Lee, Victoria Kennedy, use of force to stop Texas-based Noble En- ognize the Postal Service as the American in- ergy from drilling for oil and gas off the Kaitlyn Lo, Lexie Ross, Kelsey Suggs, Lizzie shores of EU-member Cyprus and to blacklist stitution that it is, and act swiftly and appro- Peiros, Kaley Dodson, Emily Dorst, Kiley any businesses that work with Cyprus for priately to address this issue while there is still Neushul, Catherine Carpenter, Cory Dodson, natural resource extraction. time. and Ashley Grossman; coaches Susan Turkey continues to deny the Armenian f Ortwein and Kyle Utsumi; and Stanford fans Genocide during which 1.5 million Armenians everywhere. Bravo to the Cardinals for a thrill- perished and has threatened punitive meas- FORMER PENNSYLVANIA GOV- ing season, and for demonstrating the highest ures against the United States if Congress ERNOR WILLIAM WARREN recognizes this tragic event. Since 1993 Tur- SCRANTON standards of teamwork and sportsmanship. key has maintained a destabilizing blockade They have brought added distinction to Cali- of Armenia. fornia’s 14th Congressional District and stand On July 19, Congress sent H.R. 205 to the HON. LOU BARLETTA out as the best in America. President for signature into law. That bill, OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES f known as the HEARTH Act, provides that all Native American tribes, not just a few, Tuesday, July 24, 2012 INDIAN TRIBAL TRADE AND IN- would have the right to lease tribal lands for VESTMENT DEMONSTRATION economic development purposes to any Mr. BARLETTA. Mr. Speaker, I rise today to PROJECT ACT OF 2011 party, domestic or foreign—not just to Turk- honor former Pennsylvania Governor William ish parties. H.R. 205 would also maintain tra- Warren Scranton on the occasion of his 95th SPEECH OF ditional federal government oversight of eco- birthday. nomic use of tribal lands; in contrast, H.R. Born July 19, 1917, in Madison, Conn., Wil- HON. HOWARD L. BERMAN 2362 would limit that oversight for the tribal liam Scranton comes from a long line of public OF CALIFORNIA lands to which it would apply. But, even at servants, business leaders and philanthropists IN THE HOUSE OF REPRESENTATIVES it is best, H.R. 2362—with its focus on only a in northeastern Pennsylvania. The city of few tribal areas and its implied preference Monday, July 23, 2012 for Turkish investment—is redundant and an Scranton—where his ancestors established companies and served as elected officials— Mr. BERMAN. Mr. Speaker, I rise in strong unusual, unprecedented, and unnecessary en- was named in honor of his family. opposition to H.R. 2362, the Indian Tribal dorsement of a state that, though an ally, continues to pursue problematic policies. Governor Scranton and his wife, the former Trade and Investment Demonstration Project We encourage you to vote no on H.R. 2362. Mary Lowe Chamberlin, recently celebrated Act of 2011. My reasons for opposing this ill- HOWARD L. BERMAN. their 70th wedding anniversary. The couple conceived and unnecessary legislation are GARY ACKERMAN. raised four children including William Wor- spelled out in a dear colleague I issued with ELIOT ENGEL. thington Scranton, who went on to serve as SHELLEY BERKLEY. several of my colleagues, and which I submit Lieutenant Governor of Pennsylvania. for the record. I urge all of my colleagues to f After graduating from Yale University in vote ‘‘no’’ on H.R. 2362. THE 21ST CENTURY POSTAL 1939, Governor Scranton enlisted in the U.S. VOTE NOONH.R. 2362 SERVICE ACT Army Air Corps where he served as a pilot DEAR COLLEAGUE: We urge you to oppose during World War II, flying combat supplies to H.R. 2362, the Indian Tribal Trade and In- HON. EDDIE BERNICE JOHNSON North Africa. After he graduated from Yale vestment Demonstration Project Act of 2011, Law School, he returned to Scranton, when it is considered on the House floor OF TEXAS today. This bill provides for investment ac- IN THE HOUSE OF REPRESENTATIVES launched a successful legal career and began to make his mark on the community through tivities by WTO member nations in a select Tuesday, July 24, 2012 number of Indian tribal lands, with implied many civic endeavors. One of his pet projects special consideration for Turkish businesses. Ms. EDDIE BERNICE JOHNSON of Texas. was turning the Community Chest, forerunner Although the bill ostensibly applies equally Mr. Speaker, it has now been nearly three to the United Way, into a countywide organi- to all WTO member nations, its Findings sec- months since the Senate passed its com- zation in Lackawanna County. tion exclusively discusses Turkey’s relations prehensive postal reform legislation in an ef- His esteemed public service began in 1959 with Native Americans, alleging that Turkey fort to address the mounting financial woes of when he was appointed special assistant to has ‘‘demonstrated a unique interest in bol- the United States Postal Service. The 21st the U.S. Secretary of State by President stering cultural, political, and economic relationships with Indian tribes and tribal Century Postal Service Act, as it is known, Dwight D. Eisenhower. A year later he beat members’’—without explaining the nature of would allow the USPS to address the growing the political odds and was elected to the U.S. this ‘‘unique interest.’’ Moreover, in both the demands of a modem age of technology, and House of Representatives from Pennsylvania’s operative and non-operative sections of the grant the agency the authority it needs to 10th District in a win that President John F. bill, the concept of ‘‘all WTO member na- avoid insolvency without unnecessary cuts to Kennedy called ‘‘the political miracle of 1960.’’ tions’’ is expressed as ‘‘Turkey and other labor. As a freshman member, he emerged as a World Trade Organization member na- Yet, the Republican-controlled House still crusader for the civil rights movement and tions’’—an odd description that, if adopted refuses to consider the Senate bill despite this worked tirelessly for his constituents. He by Congress, would suggest that the United very serious threat to millions of businesses States, for no apparent reason, prefers Turk- served only one term in Congress because he ish investment in tribal areas over that from and residential neighborhoods across the answered his party’s call once again: In 1962 other WTO member nations. country. The Postal Service processed over Republican leaders across the Commonwealth Turkey is an important NATO ally, but we 167 billion mail pieces in 2011 alone. Further, urged him to run for governor. are concerned about the prospect of singling there are nearly 8.4 million jobs and over $1 He won the 1962 gubernatorial race, defeat- out Turkey for special consideration at a trillion in revenue attributed to the mailing in- ing then-Philadelphia Mayor Richardson time when Ankara is pursuing so many ob- dustry. Sitting back idly, or blindly mandating Dilworth. During his four years in office, Gov- jectionable policies. For example: drastic and indiscriminate cuts to essential ernor Scranton advocated for a strong edu- Turkey recognizes the terrorist Hamas cational system, continued industrial develop- government in Gaza and even received its services, will cause immeasurable harm to our leader in the Turkish parliament earlier this economic recovery. ment in the United States and abroad, and for year—disturbing hypocrisy from a state that That is why I have joined my Democratic fiscal responsibility. receives U.S. support for its own fight colleagues in cosponsoring sensible reform in Numerous programs were launched under against terrorism. Turkey also demands that Congress to bolster the Postal Service’s oper- the Scranton administration as the new gov- Israel end its naval blockade of Gaza, despite ations, and to clear the path for thoughtful ernor set out to tackle the nation’s second- the deadly security threat Hamas poses to ways to restore the USPS to its former pros- highest unemployment rate, poorly managed Israel. Turkey’s repeated, flagrant criticism perity. When there is so much at stake, this is state funds, and the decline of the rail, coal of Israel is particularly troubling and poten- simply not a time to politicize these issues. and textile industries. He founded a state stu- tially destabilizing. As a member of the UN Security Council Sadly, that is what my Republican colleagues dent loan program for education, instituted the two years ago, Turkey voted against sanc- in Congress are doing, and that is the cause community college system and increased the tions on Iran. of this delay. number of vocational-technical schools. For 38 years, Turkey has illegally occupied Mr. Speaker, the Postal Service is an Amer- When he left the Governor’s mansion in the northern third of the island Republic of ican institution that unites our Nation and pro- 1967, Pennsylvania’s unemployment rate was

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K24JY8.012 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS E1314 CONGRESSIONAL RECORD — Extensions of Remarks July 24, 2012 below the national average and among the Ed was a Renaissance man. He was a ju- Jr. He is a native of Jackson, Mississippi, and lowest of all states. He pared the expanding rist—retiring as an Associate Justice of Cali- was born on October 11, 1968 to George T. welfare rolls by more than 100,000 while cre- fornia’s Second District Court of Appeal—an Jackson, Sr. and the late Emma J. McDonald ating jobs for those Pennsylvanians. avid horseman, a gymnast, an artist, an aspir- Jackson. The Scranton years turned Pennsylvania ing musician, and a mason. He was very ac- Mr. Jackson holds a Bachelor’s Degree in into one of the most progressive states in the tive in his adopted hometown of Santa Paula, Political Science and Master’s Degree in Edu- nation: It boasted the biggest highway con- California. But most of all, he was a devoted cation Administration from Jackson State Uni- struction program to date; the creation of the husband, father, grandfather, and great-grand- versity. Currently, Mr. Jackson is pursuing a state Department of Community Affairs, first of father. Doctoral Degree in Elementary, Middle, and its kind in the nation; and an assistance pro- Justice Beach was born in Peru and moved Secondary Education Administration from Mis- gram for victims of ‘‘Black Lung’’ disease, the to California with his mother and sister in sissippi State University. model for the federal program. 1930. He served in the U.S. Army Air Corps As an educator, Mr. Jackson taught social After that successful first term, Governor during World War II, where he began his love studies and coached for 8 years prior to mov- Scranton decided to leave the public arena of horses and riding. After the war, he met his ing on to the Mississippi Department of Edu- and spend more time with Mary and their chil- first wife, Janet, while they were students at cation where he worked as an Education Spe- dren. It was in those post-gubernatorial years the University of Southern California. After cialist Senior in the Bureau of Evaluation and that William Scranton dedicated so much of graduating from USC’s School of Law in 1950, Enhancement. Administratively, Mr. Jackson his time, effort and wealth to the community. they moved to the Ventura County community served 3 years as Assistant Principal in the He served as a delegate to the Pennsyl- of Santa Paula, where they raised seven chil- Canton Public School District, 2 years as Prin- vania Constitutional Convention from 1967 to dren and lived the rest of their lives. cipal in the Holmes County School District, 1968 and helped bring the law of the Key- Ed maintained a private practice in Santa and 4 years in the Copiah County School Dis- stone State into the 20th Century. Paula until he was elected to the Ventura trict where he currently serves as principal of Author James A. Michener, also a delegate County Municipal Court. Before he could take Crystal Springs High School. to the Pennsylvania Constitutional Convention, his seat at the bench, however, Governor Mr. Jackson’s passion for education comes credited the success of the convention to ‘‘the Ronald Reagan appointed him to the county from his parents and grandparents. His par- sagacious leadership given by Bill Scranton, Superior Court. Then, in 1973, Governor ents have dedicated over 60 years to the edu- as fine a politician as I would ever know.’’ Reagan appointed him to the Second District cational system in their community. Mr. Jack- Governor Scranton held leadership positions Court of Appeal, which he served until 1987, son’s motto is, ‘‘Education First! Students Al- in many community organizations including the occasionally also serving the California Su- ways!’’ His desire is that all students perform Boys Club of Scranton, the University of preme Court as a pro-tem. to their highest potential and become produc- Scranton’s President’s Council, the Scranton Janet died in 2000. They had been married tive members of society. Chamber of Commerce, and the Geisinger 51 years. He is married to Dr. Debra Mays-Jackson, Health System. During their lives together, Ed was honored principal of Forest Hill High School. They live Gov. and Mrs. Scranton donated Marworth, by the Ventura County Bar Association in together in Terry, MS, along with their two their spacious stone estate in the Scranton 1989 as the first recipient of the Ben E. sons Cameron, 14 years of age and Kendall, area, to Geisinger for the establishment of a Nordman Humanitarian Award, and at various 11 years of age. Mr. Jackson has a strong residential alcohol and chemical addiction times he served on the boards of trustees of Christian faith and seeks the Lord’s guidance treatment center. the Santa Paula Memorial Hospital, the Blan- in every facet of his life. He believes that if it’s After turning down several proposals to run chard Community Library, the Santa Paula God’s will anything is possible. again for public office, Governor Scranton ac- Historical Society, and the founding boards of Mr. Jackson is a 24-year member of the cepted the appointment of his old fraternity the Ventura County Symphony and Santa U.S. Army Reserve/Mississippi Army National brother, President Gerald Ford, in 1976 to Clara Valley Bank. He was a member of the Guard, veteran of Operation Iraq Freedom, serve as the U.S. Ambassador to the United Santa Paula Rotary Club, becoming an hon- and also currently serves as the Executive Of- Nations. His ability to promote diplomacy and orary member on his appointment to the Ap- ficer of the 8th/108th Transportation Battalion genuine interest in human rights earned him pellate Court. He frequently rode his chestnut in Jackson, Mississippi where he holds the favor with many nations and promoted a posi- mare, Bonnie, in local parades, often in a rank of Major. His Civic/Professional Organiza- tive world view of the United States. Spanish riding costume. His children, all rid- tions and Honors include: National Association As a native Pennsylvanian and an elected ers, many times accompanied him on their Secondary School Principals, Mississippi Pro- official who knows all too well how difficult the own horses or driving their pony cart. fessional Educators, United States Army Offi- world of politics and public service can be, I Ed and Janet were jointly awarded the cer Association, U.S. Army Commendation applaud Governor Scranton for his unwavering Santa Paula Chamber of Commerce’s Citizen Medal, Global War on Terrorism Medal, and integrity, and his ability to bridge gaps and find of the Year award. Their home was the site for the U.S. Army Achievement Medal of Meri- common-sense solutions to pressing prob- countless fundraisers, parties, and concerts for torious Service. lems. local community groups. Mr. Speaker, I ask our colleagues to join me Kingman Brewster, the former president of In 2001, he married fellow Rotarian Barbara in recognizing Mr. G. Torrie Jackson, Jr. for Yale University, best described Gov. Scranton Robinson. Ed’s 11 years with Barbara were his unwavering dedication to our country and when he said: ‘‘A man for all seasons and for spent traveling, gardening, and enjoying music the children of the State of Mississippi. all people.’’ and friends. She was at his side when he died Mr. Speaker, today, in the winter of his life, at home. f Governor Scranton still embodies the traits, Mr. Speaker, Justice Edwin Fernando HONORING GYS JANSEN VAN BEEK ideals, and values which many of us strive to Beach was a man of extraordinary integrity, achieve, and I am honored to congratulate him kindness, generosity, friendliness, intellect, ´ on his many years of dedicated civic service and humility. I know my colleagues join me in HON. RAUL R. LABRADOR OF IDAHO to the community of northeastern Pennsyl- remembering his great contributions to Amer- vania, the Commonwealth, and the country. ican society and jurisprudence, and in extend- IN THE HOUSE OF REPRESENTATIVES f ing our condolences to his family and many Tuesday, July 24, 2012 friends. IN MEMORY OF ASSOCIATE Mr. LABRADOR. Mr. Speaker, I rise today JUSTICE EDWIN FERNANDO BEACH f to ask my colleagues to join me in recognizing HONORING G. TORRIE my constituent, Gys Jansen van Beek for his HON. ELTON GALLEGLY JACKSON, JR. heroism and service to the United States of America during World War II. Mr. van Beek OF CALIFORNIA emigrated from the Netherlands in 1948 and IN THE HOUSE OF REPRESENTATIVES HON. BENNIE G. THOMPSON has been a resident in my state of Idaho since OF MISSISSIPPI Tuesday, July 24, 2012 1954. IN THE HOUSE OF REPRESENTATIVES Mr. GALLEGLY. Mr. Speaker, I rise in mem- I pay tribute to those resistance fighters that ory of my good friend, Edwin Fernando Beach, Tuesday, July 24, 2012 are now, or have, worked and served in who passed away on the Fourth of July at the Mr. THOMPSON of Mississippi. Mr. Speak- harm’s way seeking liberty and freedom. Many age of 88. er, I rise today to honor Mr. G. Torrie Jackson, men and women have aided the United States

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.021 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS July 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1315 in the fight for freedom from oppression during deportation, relocation to concentration camps, of Canada, Great Britain, the Netherlands, and and since World War II; this is homage to one and many times certain death. Mr van Beek the United States after the war. It is fitting that such man. Mr. van Beek was an active mem- aided several British, Canadian and American we honor Mr. van Beek for his service and ber of the Dutch Resistance during World War downed fighter pilots during World War II. One also be reminded of the many others who as- II. Members of the Dutch Resistance were in- such individual, 1st Lieutenant Howard sisted in the liberation efforts. We often forget strumental in aiding refugees and enemies of Moebius, P–51 pilot from Wisconsin, wrote of about the Resistance Fighters who sacrificed the Nazi regime. It has been conservatively the experience in his book, ‘‘The Valley of the estimated that between fifty to sixty thousand Shadow’’. Without the efforts of Mr. van Beek, much in an effort to bring peace and freedom individuals were directly involved in resistance these gentlemen would surely have perished to millions. Acts such as those by Mr. van activities, with hundreds of thousands more of- during the war. Mr. van Beek placed himself Beek, provide us all with a model of courage fering assistance. and his family in danger with his resistance ef- in the face of atrocity. I stand today to convey Tens of thousands of resistance fighters lost forts. appreciation to Mr. van Beek for his selfless their lives as a direct result of their coura- Van Beek’s courage and determination acts of service to our Nation. geous efforts. Capture meant imprisonment, earned him decorations from the governments

VerDate Mar 15 2010 04:41 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A24JY8.024 E24JYPT1 jbell on DSK7SPTVN1PROD with REMARKS Tuesday, July 24, 2012 Daily Digest Senate ty Officer Medal of Valor Review Board: Rick Chamber Action Clemons of Kentucky, vice Charles Massarone. Routine Proceedings, pages S5265–S5319 Page S5319 Measures Introduced: Six bills and five resolutions Message from the President: Senate received the were introduced, as follows: S. 3424–3429, S. Res. following message from the President of the United 525–528, and S. Con. Res. 53. Page S5304 States: Measures Passed: Transmitting, pursuant to law, a report on the continuation of the national emergency that was Indian Law Enforcement Reform Act: Com- originally declared in Executive Order 13441 with mittee on Indian Affairs was discharged from further respect to Lebanon; which was referred to the Com- consideration of S. 2090, to amend the Indian Law mittee on Banking, Housing, and Urban Affairs. Enforcement Reform Act to extend the period of (PM–59) Page S5302 time provided to the Indian Law and Order Com- mission to produce a required report, and the bill Messages from the House: Pages S5302–03 was then passed. Pages S5317–18 Measures Referred: Page S5303 National Airborne Day: Senate agreed to S. Res. Measures Placed on the Calendar: 527, designating August 16, 2012, as ‘‘National Pages S5265, S5303 Airborne Day’’. Page S5318 Measures Read the First Time: Page S5303 100th Anniversary of the American Podiatric Executive Communications: Pages S5303–04 Medical Association: Senate agreed to S. Res. 528, Additional Cosponsors: Pages S5304–05 recognizing the 100th anniversary of the American Podiatric Medical Association, the preeminent orga- Statements on Introduced Bills/Resolutions: nization representing podiatric medicine and surgery, Pages S5305–09 celebrating its achievements, and encouraging the as- Additional Statements: Pages S5301–02 sociation to continue providing guidance on foot and Amendments Submitted: Pages S5309–17 ankle health issues to the people of the United States Page S5317 and of the world. Pages S5318–19 Authorities for Committees to Meet: Measures Considered: Privileges of the Floor: Page S5317 Middle Class Tax Cut Act—Agreement: Senate Adjournment: Senate convened at 10 a.m. and ad- continued consideration of the motion to proceed to journed at 6:50 p.m., until 9:30 a.m. on Wednes- consideration of S. 3412, to amend the Internal Rev- day, July 25, 2012. (For Senate’s program, see the enue Code of 1986 to provide tax relief to middle- remarks of the Acting Majority Leader in today’s Record on page S5319.) class families. Pages S5265–98 A unanimous-consent agreement was reached providing that at 2:15 p.m., on Wednesday, July 25, Committee Meetings 2012, Senate vote on the motion to invoke cloture on the motion to proceed to consideration of the (Committees not listed did not meet) bill. Page S5319 HOUSING PARTNERSHIPS IN INDIAN Appointments: COUNTRY Public Safety Officer Medal of Valor Review Committee on Banking, Housing, and Urban Affairs: Board: The Chair, on behalf of the Republican Lead- Committee concluded a hearing to examine housing er, pursuant to Public Law 107–12, appointed the partnerships in Indian country, after receiving testi- following individual as a member of the Public Safe- mony from Cheryl A. Causley, National American D763

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Indian Housing Council, Brimley, Michigan; and Acting Assistant Administrator, Office of Chemical David Bland, Travois, Inc., Kansas City, Missouri. Safety and Pollution Prevention, Environmental Pro- PRIVATE STUDENT LOANS tection Agency; former Speaker of the Maine House of Representatives Hannah Pingree, North Haven; Committee on Banking, Housing, and Urban Affairs: Heather M. Stapleton, Duke University Nicholas Subcommittee on Financial Institutions and Con- School of the Environment, Durham, North Caro- sumer Protection concluded a hearing to examine lina; Marshall Moore, Great Lakes Solutions, A private student loans, focusing on providing flexi- Chemtura Business, West Lafayette, Indiana; Wil- bility and opportunity to borrowers, after receiving liam K. Rawson, Latham and Watkins, Washington, testimony from Rohit Chopra, Student Loan Om- D.C.; and Tony Stefani, San Francisco Firefighters budsman, Consumer Financial Protection Bureau; Cancer Prevention Foundation, Danville, California. Deanne Loonin, National Consumer Law Center Stu- dent Loan Borrower Assistance Project, Boston, Mas- SYRIA sachusetts; Jennifer Mishory, Young Invincibles, Washington, D.C.; and Jack Remondi, Sallie Mae, Committee on Foreign Relations: Committee met in Newark, Delaware. closed session to receive a briefing on an intelligence update on Syria from officials of the intelligence CABLE ACT community. Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine the STUDENT VISA SYSTEM Cable Act at 20, after receiving testimony from Committee on the Judiciary: Subcommittee on Immi- former Senator Gordon H. Smith, National Associa- gration, Refugees and Border Security concluded a tion of Broadcasters, and Mark Cooper, Consumer hearing to examine strengthening the student visa Federation of America, both of Washington, D.C.; system, focusing on United States Immigration and Melinda Witmer, Time Warner Cable, and Martin Customs Enforcement’s oversight of the Student and D. Franks, CBS Corporation, both of New York, Exchange Visitor Program, including ensuring that New York; Colleen Abdoulah, WOW! Internet, foreign students studying in the United States com- Cable, and Phone, Englewood, Colorado; and Preston ply with the terms of their admission into the coun- Padden, University of Colorado School of Law Silicon ty, after receiving testimony from John P. Woods, Flatirons Center, Boulder. Assistant Director, National Security Investigations, NATURAL GAS AS A FUEL FOR Homeland Security Investigations, United States Im- TRANSPORTATION migration and Customs Enforcement, Department of Homeland Security; and Rebecca Gambler, Acting Committee on Energy and Natural Resources: Committee Director, Homeland Security and Justice, Govern- concluded a hearing to examine assessing the oppor- ment Accountability Office. tunities for, current level of investment in, and barriers to the expanded usage of natural gas as a fuel CITIZENS UNITED AND SUPER PACS for transportation, after receiving testimony from Committee on the Judiciary: Subcommittee on the Con- David L. Greene, Oak Ridge National Laboratory, Oak Ridge, Tennessee; Dave McCurdy, American stitution, Civil Rights and Human Rights concluded Gas Association, and Paul N. Cicio, Industrial En- a hearing to examine responding to Citizens United ergy Consumers of America, both of Washington, and Super PACs, including S. 3369, to amend the D.C.; Michael Gallagher, Westport Innovations, Federal Election Campaign Act of 1971 to provide Vancouver, British Columbia, Canada; and Reg for additional disclosure requirements for corpora- Modlin, Chrysler Group LLC, Auburn Hills, Michi- tions, labor organizations, Super PACs and other en- gan. tities, after receiving testimony from Senators Bau- cus, Sanders, and Udall (NM); Representative EPA AND TOXIC CHEMICALS Edwards; former Representative and Louisiana Gov- Committee on Environment and Public Works: Com- ernor Charles Roemer, Baton Rouge; Lawrence mittee, with the Subcommittee on Superfund, Toxics Lessig, Harvard Law School, Cambridge, Massachu- and Environmental Health concluded an oversight setts; and Ilya Shapiro, Cato Institute, Washington, hearing to examine Environmental Protection Agen- D.C. cy authorities and actions to control exposures to toxic chemicals, including S. 847, to amend the BUSINESS MEETING Toxic Substances Control Act to ensure that risks Select Committee on Intelligence: Committee ordered fa- from chemicals are adequately understood and man- vorably reported an original bill entitled, ‘‘Intel- aged, after receiving testimony from James J. Jones, ligence Authorization Act for Fiscal Year 2013’’.

VerDate Mar 15 2010 04:39 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D24JY2.REC D24JYPT1 jbell on DSK7SPTVN1PROD with DIGEST July 24, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D765 House of Representatives itol Police who were killed in the line of duty de- Chamber Action fending the Capitol against an intruder armed with Public Bills and Resolutions Introduced: 14 pub- a gun on July 24, 1998. Page H5137 lic bills, H.R. 6168–6181; and 3 resolutions, H.J. Suspension: The House agreed to suspend the rules Res. 115; H. Con. Res. 134; and H. Res. 739 were and pass the following measure: introduced. Pages H5200–01 Preserving America’s Family Farms Act: H.R. Additional Cosponsors: Pages H5201–02 4157, amended, to prohibit the Secretary of Labor Reports Filed: Reports were filed today as follows: from finalizing a proposed rule under the Fair Labor H.R. 1857, for the relief of Bartosz Kumor (H. Standards Act of 1938 relating to child labor. Rept. 112–617); Pages H5162–67 H.R. 824, for the relief of Daniel Wachira (H. Agreed to amend the title so as to read: ‘‘To pro- Rept. 112–618); hibit the Secretary of Labor from reissuing or issuing H.R. 823, for the relief of Maria Carmen Castro a rule substantially similar to a certain proposed rule Ramirez and J. Refugio Carreno Rojas (H. Rept. under the Fair Labor Standards Act of 1938 relating 112–619); to child labor.’’. Page H5167 H.R. 794, for the relief of Allan Bolor Kelley (H. Congressional Replacement of President Rept. 112–620); Obama’s Energy-Restricting and Job-Limiting H.R. 357, for the relief of Corina de Chalup Offshore Drilling Plan: The House began consider- Turcinovic (H. Rept. 112–621); and ation of H.R. 6082, to officially replace, within the H.R. 316, for the relief of Esther Karinge (H. 60-day Congressional review period under the Outer Rept. 112–622). Page H5200 Continental Shelf Lands Act, President Obama’s Pro- Speaker: Read a letter from the Speaker wherein he posed Final Outer Continental Shelf Oil & Gas Leas- appointed Representative Rivera to act as Speaker ing Program (2012–2017) with a congressional plan pro tempore for today. Page H5133 that will conduct additional oil and natural gas lease sales to promote offshore energy development, job Recess: The House recessed at 10:41 a.m. and recreation, and increased domestic energy production convened at 12 noon. Page H5137 to ensure a more secure energy future in the United Chaplain: The prayer was offered by the guest chap- States. Further proceedings were postponed. lain, Reverend Bud Roland, St. John Neumann Pages H5141–50, H5167–82 Catholic Church, Austin, Texas. Page H5137 Pursuant to the rule, an amendment in the nature Recess: The House recessed at 12:31 p.m. and re- of a substitute consisting of the text of Rules Com- convened at 1:15 p.m. Page H5140 mittee Print 112–29 shall be considered as an original bill for the purpose of amendment under the Recess: The House recessed at 2:17 p.m. and recon- five-minute rule, in lieu of the amendment in the vened at 2:30 p.m. Page H5148 nature of a substitute recommended by the Com- Moment of Silence: The House observed a moment mittee on Natural Resources now printed in the bill. of silence in honor of those who lost their lives and Pages H5141, H5174 those who were wounded in the shooting in Aurora, Agreed to: Colorado on Friday, July 20, 2012. Page H5149 Hastings (WA) manager’s amendment (No. 1 Suspension—Proceedings Postponed: The House printed in part C of H. Rept. 112–616) that makes debated the following measure under suspension of technical corrections to the underlying bill and the rules. Further proceedings were postponed: Pages H5174–75 Richardson amendment (No. 3 printed in part C Federal Reserve Transparency Act: H.R. 459, of H. Rept. 112–616) that adds a new section which amended, to require a full audit of the Board of provides that in determining the areas off the coast Governors of the Federal Reserve System and the of California to be made available for leasing under Federal reserve banks by the Comptroller General of this Act, the Secretary of the Interior shall consult the United States before the end of 2012. with the Governor and legislature of the State of Pages H5150–62 California. Page H5176 Moment of Silence: The House observed a moment Proceedings Postponed: of silence in honor of Officer Jacob J. Chestnut and Holt amendment (No. 2 printed in part C of H. Detective John M. Gibson of the United States Cap- Rept. 112–616) that seeks to strike the provision

VerDate Mar 15 2010 04:39 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D24JY2.REC D24JYPT1 jbell on DSK7SPTVN1PROD with DIGEST D766 CONGRESSIONAL RECORD — DAILY DIGEST July 24, 2012 that requires the Secretary of the Interior to conduct a single multi-sale environmental impact statement Committee Meetings for all of the new areas opened for drilling by the AFGHAN NATIONAL SECURITY FORCES underlying bill; Page H5175 AND SECURITY LEAD TRANSITION Markey amendment (No. 4 printed in part C of Committee on Armed Services: Subcommittee on Over- H. Rept. 112–616) that seeks to prohibit gas pro- sight and Investigations held a hearing on Afghan duced under new leases authorized by this legislation National Security Forces and Security Lead Transi- from being exported to foreign countries; tion: The Assessment Process, Metrics, and Efforts to Pages H5176–77 Build Capability. Testimony was heard from Ken- Markey amendment (No. 5 printed in part C of neth Moorefield, Ambassador, Deputy Inspector H. Rept. 112–616) that seeks to create a statutory General for Special Plans and Operations, Office of requirement that new leases offered pursuant to this the Inspector General, Department of Defense; act include drilling safety improvements in response Charles M. Johnson, Jr., Director, International Af- to the BP Deepwater Horizon disaster; fairs and Trade, Government Accountability Office; Pages H5177–78 and public witnesses. Holt amendment (No. 6 printed in part C of H. VALUE OF ALTERNATIVE TEACHER Rept. 112–616) that seeks to end free drilling in the CERTIFICATION PROGRAMS Gulf of Mexico by requiring oil companies to pay in Committee on Education and the Workforce: Sub- order to receive new leases on public lands; committee on Early Childhood, Elementary, and Sec- Pages H5178–79 ondary Education held a hearing entitled ‘‘Education Hastings (FL) amendment (No. 7 printed in part Reforms: Discussing the Value of Alternative Teach- C of H. Rept. 112–616) that seeks to require each er Certification Programs’’. Testimony was heard drilling permit application to include an estimate of from public witnesses. how much the price of gasoline will decrease as a result of any oil or gas found under the permit; and NRC POLICY AND GOVERNANCE OVERSIGHT Pages H5179–81 Hastings (FL) amendment (No. 8 printed in part Committee on Energy and Commerce: Subcommittee on C of H. Rept. 112–616) that seeks to require each Environment and the Economy and Subcommittee drilling permit application to include an estimate of on Energy and Power held a joint hearing entitled the impact on global change of the consumption of ‘‘NRC Policy and Governance Oversight’’. Testi- any oil or gas found under the permit. mony was heard from the following Nuclear Regu- Pages H5181–82 latory Commission officials: Allison Macfarlane, H. Res. 738, the rule providing for consideration Chairman; Kristine Svinicki, Commissioner; William Magwood, Commissioner; and William Ostendorff, of the bills (H.R. 4078) and (H.R. 6082) was agreed Commissioner. to by a recorded vote of 244 ayes to 170 noes, Roll No. 503, after the previous question was ordered by MISCELLANEOUS MEASURE a yea-and-nay vote of 238 yeas to 177 nays, Roll Committee on Energy and Commerce: Subcommittee on No. 502. Pages H5148–50 Energy and Power began a markup of the ‘‘No More Presidential Message: Read a message from the Solyndras Act’’. President wherein he notified Congress that the na- EXAMINING CONSUMER CREDIT ACCESS tional emergency declared with respect to the actions CONCERNS, NEW PRODUCTS AND of certain persons to undermine the sovereignty of FEDERAL REGULATIONS Lebanon or its democratic processes and institutions Committee on Financial Services: Subcommittee on Fi- is to continue in effect beyond August 1, 2012—re- nancial Institutions and Consumer Credit held a ferred to the Committee on Foreign Affairs and or- hearing entitled ‘‘Examining Consumer Credit Ac- dered to be printed (H. Doc. 112–127). Page H5141 cess Concerns, New Products and Federal Regula- Quorum Calls—Votes: One yea-and-nay vote and tions’’. Testimony was heard from public witnesses. one recorded vote developed during the proceedings THE IMPACT OF DODD-FRANK’S of today and appear on pages H5148–49, INSURANCE REGULATIONS ON H5149–50. There were no quorum calls. CONSUMERS, JOB CREATORS, AND THE Adjournment: The House met at 10 a.m. and ad- ECONOMY journed at 9:49 p.m. Committee on Financial Services: Subcommittee on In- surance, Housing and Community Opportunity held

VerDate Mar 15 2010 04:39 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D24JY2.REC D24JYPT1 jbell on DSK7SPTVN1PROD with DIGEST July 24, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D767 a hearing entitled ‘‘The Impact of Dodd-Frank’s In- LEGISLATIVE MEASURES surance Regulations on Consumers, Job Creators, and Committee on Natural Resources: Subcommittee on In- the Economy’’. Testimony was heard from public dian and Alaska Native Affairs held a hearing on the witnesses. following: H.R. 726, to amend the Grand Ronde U.S. ENGAGEMENT IN CENTRAL ASIA Reservation Act to make technical corrections, and Committee on Foreign Affairs: Subcommittee on Europe for other purposes; H.R. 3319, to allow the Pascua and Eurasia held a hearing entitled ‘‘U.S. Engage- Yaqui Tribe to determine the requirements for ment in Central Asia’’. Testimony was heard from membership in that tribe; and legislation to provide Robert O. Blake, Assistant Secretary, Bureau of Cen- for the addition of certain real property to the res- tral and South Asian Affairs, Department of State; ervation of the Siletz Tribe in the State of Oregon; and public witnesses. and H.R. 6141, to provide for the addition of certain real property to the reservation of the Siletz SECURING FEDERAL FACILITIES Tribe in the State of Oregon. Testimony was heard Committee on Homeland Security: Subcommittee on Cy- from Michael Black, Director, Bureau of Indian Af- bersecurity, Infrastructure Protection, and Security fairs, Department of the Interior; Terry Thompson, Technologies held a hearing entitled ‘‘Securing Fed- Lincoln County, Oregon; and public witnesses. eral Facilities: An Examination of FPS Progress in Improving Oversight and Assessing Risk’’. Testi- DAWOOD NATIONAL MILITARY mony was heard from L. Eric Patterson, Director, HOSPITAL, AFGHANISTAN Federal Protective Service, Department of Homeland Committee on Oversight and Government Reform: Sub- Security; Mark L. Goldstein, Director, Physical Infra- committee on National Security, Homeland Defense structure Issues, Government Accountability Office; and Foreign Operations held a hearing entitled James Peerenboom, Director, Infrastructure Assur- ‘‘Dawood National Military Hospital, Afghanistan: ance Center, Associate Director, Decision and Infor- What Happened and What Went Wrong?’’. Testi- mation Sciences Division, Argonne National Labora- mony was heard from Colonel Mark F. Fassl, United tory. States Army; Gerald N. Carozza, Jr., United States Army; Captain Steven Andersen, United States Coast LEGISLATIVE MEASURE Guard; and Daniel Blair, Inspector General for Au- Committee on the Judiciary: Full Committee held a diting, Department of Defense Inspector General. hearing on H.R. 3179, the ‘‘Marketplace Equity Act of 2011’’. Testimony was heard from Representatives CREDIT CRUNCH: IS THE CFPB Womack and Speier; and public witnesses. RESTRICTING CONSUMER ACCESS TO THE AFTERMATH OF FRAUD BY CREDIT? IMMIGRATION ATTORNEYS Committee on Oversight and Government Reform: Sub- Committee on the Judiciary: Subcommittee on Immi- committee on TARP, Financial Services and Bailouts gration Policy and Enforcement, hearing entitled of Public and Private Programs held a hearing enti- ‘‘The Aftermath of Fraud by Immigration Attor- tled ‘‘Credit Crunch: Is the CFPB Restricting Con- neys’’. Testimony was heard from Waldemar Rodri- sumer Access to Credit?’’. Testimony was heard from guez, Deputy Assistant Director, Transnational Richard Cordray, Director, Consumer Financial Pro- Crime and Public Safety Division, Homeland Secu- tection Bureau; and public witnesses. rity Investigations, Immigrations and Customs En- REVIEW OF STATE AND FEDERAL EFFORTS forcement, Department of Homeland Security; Sarah TO SOLVE THE DOMESTIC M. Kendall, Associate Director, Fraud Detection and METHAMPHETAMINE PRODUCTION National Security Directorate, U.S. Citizenship and RESURGENCE Immigration Services; and public witnesses. Committee on Oversight and Government Reform: Sub- THE IMPACT OF CATASTROPHIC FOREST committee on Health Care, District of Columbia, FIRES AND LITIGATION ON PEOPLE AND Census and the National Archives held a hearing en- ENDANGERED SPECIES titled ‘‘Meth Revisited: Review of State and Federal Committee on Natural Resources: Full Committee held Efforts to Solve the Domestic Methamphetamine a hearing entitled ‘‘The Impact of Catastrophic For- Production Resurgence’’. Testimony was heard from est Fires and Litigation on People and Endangered R. Gil Kerlikowske, Director, Office of National Species: Time for Rational Management of our Na- Drug Control Policy, Executive Office of the Presi- tion’s Forests’’. Testimony was heard from public dent; Rob Bovett, District Attorney, Lincoln Coun- witnesses. ty, Oregon; Marshall Fisher, Director, Mississippi

VerDate Mar 15 2010 04:39 Jul 25, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D24JY2.REC D24JYPT1 jbell on DSK7SPTVN1PROD with DIGEST D768 CONGRESSIONAL RECORD — DAILY DIGEST July 24, 2012 Bureau of Narcotics, State of Mississippi; Max Dor- amine the role of water use efficiency and its impact on sey, Narcotics Lieutenant, South Carolina Law En- energy use, 2:30 p.m., SD–366. forcement Division, State of South Carolina; and Committee on Environment and Public Works: Business Jason Grellner, Detective Sergeant, Franklin County meeting to consider S. 847, to amend the Toxic Sub- Narcotics Enforcement Unit, State of Missouri. stances Control Act to ensure that risks from chemicals are adequately understood and managed, S. 357, to au- REVIEW OF BUILDING CODES AND thorize the Secretary of the Interior to identify and de- MITIGATION EFFORTS TO HELP MINIMIZE clare wildlife disease emergencies and to coordinate rapid THE COSTS ASSOCIATED WITH NATURAL response to those emergencies, S. 810, to prohibit the DISASTERS conducting of invasive research on great apes, S. 1494, to reauthorize and amend the National Fish and Wildlife Committee on Transportation and Infrastructure: Sub- Foundation Establishment Act, S. 2071, to grant the Sec- committee on Economic Development, Public Build- retary of the Interior permanent authority to authorize ings, and Emergency Management held a hearing en- States to issue electronic duck stamps, S. 2156, to amend titled ‘‘A Review of Building Codes and Mitigation the Migratory Bird Hunting and Conservation Stamp Act Efforts to Help Minimize the Costs Associated with to permit the Secretary of the Interior, in consultation Natural Disasters’’. Testimony was heard from Rep- with the Migratory Bird Conservation Commission, to set resentative Diaz-Balart; David Miller, Associate Ad- prices for Federal Migratory Bird Hunting and Conserva- ministrator, Federal Insurance and Mitigation Ad- tion Stamps and make limited waivers of stamp require- ministration, Federal Emergency Management Agen- ments for certain users, S. 2282, to extend the authoriza- cy; Jimmy Gianato, Director of Homeland Security tion of appropriations to carry out approved wetlands and Emergency Management, State of West Vir- conservation projects under the North American Wet- lands Conservation Act through fiscal year 2017, S. 3370, ginia; and public witnesses. to authorize the Administrator of General Services to con- PHYSICIAN ORGANIZATION EFFORTS TO vey a parcel of real property in Albuquerque, New Mex- PROMOTE HIGH QUALITY CARE AND ico, to the Amy Biehl High School Foundation, S. 2251, IMPLICATIONS FOR MEDICARE PHYSICIAN to designate the United States courthouse located at 709 PAYMENT REFORM West 9th Street, Juneau, Alaska, as the Robert Boochever United States Courthouse, S. 2326, to designate the new Committee on Ways and Means: Subcommittee on United States courthouse in Buffalo, New York, as the Health held a hearing on physician organization ef- ‘‘Robert H. Jackson United States Courthouse’’, S. 1735, forts to promote high quality care and implications to approve the transfer of Yellow Creek Port properties for Medicare physician payment reform. Testimony in Iuka, Mississippi, the nomination of Major General was heard from public witnesses. John Peabody, United States Army, to be a Member and President of the Mississippi River Commission, proposed resolutions relating to the General Services Administra- Joint Meetings tion, and proposed resolutions in the Corps Study, city of No joint committee meetings were held. Norfolk, Virginia and Port Fourchon, Louisiana, 10 a.m., f SD–406. Committee on Finance: To hold hearings to examine edu- COMMITTEE MEETINGS FOR WEDNESDAY, cation tax incentives and tax reform, 10 a.m., SD–215. JULY 25, 2012 Committee on Foreign Relations: Subcommittee on Near (Committee meetings are open unless otherwise indicated) Eastern and South and Central Asian Affairs, to hold hearings to examine Iran’s support for terrorism in the Senate Middle East, 10 a.m., SD–419. Committee on Appropriations: Subcommittee on Energy Full Committee, to hold hearings to examine S. 2215, and Water Development, to hold hearings to examine the to create jobs in the United States by increasing United proper size of the nuclear weapons stockpile to maintain States exports to Africa by at least 200 percent in real a credible U.S. deterrent, 10 a.m., SD–192. dollar value within 10 years, focusing on economic Subcommittee on Departments of Labor, Health and statecraft, 3 p.m., SD–419. Human Services, and Education, and Related Agencies, to Committee on Homeland Security and Governmental Affairs: hold hearings to examine the impact of sequestration on Subcommittee on Federal Financial Management, Govern- education, 10 a.m., SD–124. ment Information, Federal Services, and International Se- Committee on Commerce, Science, and Transportation: To curity, to hold hearings to examine assessing grants man- hold hearings to examine the International Space Station, agement practices at Federal agencies, 2:30 p.m., focusing on research, collaboration, and discovery, 10 SD–342. a.m., SR–253. Committee on the Judiciary: To hold hearings to examine Full Committee, to hold hearings to examine short- ensuring judicial independence through civics education, supply prescription drugs, 2:30 p.m., SR–253. 10 a.m., SH–216. Committee on Energy and Natural Resources: Subcommittee Special Committee on Aging: To hold hearings to examine on Water and Power, to hold an oversight hearing to ex- enhancing women’s retirement security, 2 p.m., SD–562.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 25 10 a.m., Wednesday, July 25

Senate Chamber House Chamber Program for Wednesday: The Majority Leader will be Program for Wednesday: Complete consideration of recognized. At 2:15 p.m., Senate will vote on the motion H.R. 6082—Congressional Replacement of President to invoke cloture on the motion to proceed to consider- Obama’s Energy-Restricting and Job-Limiting Offshore ation of S. 3412, Middle Class Tax Cut Act. Drilling Plan. Begin consideration of H.R. 4078—Regu- latory Freeze for Jobs Act of 2012 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Coffman, Mike, Colo., E1311 Labrador, Rau R., Idaho, E1314 Courtney, Joe, Conn., E1307 Neal, Richard E., Mass., E1308 Barletta, Lou, Pa., E1313 Duffy, Sean P., Wisc., E1310 Poe, Ted, Tex., E1305 Becerra, Xavier, Calif., E1309 Eshoo, Anna G., Calif., E1310, E1312 Posey, Bill, Fla., E1308 Berman, Howard L., Calif., E1313 Frank, Barney, Mass., E1311 Smith, Christopher H., N.J., E1303 Braley, Bruce L., Iowa, E1309 Gallegly, Elton, Calif., E1309, E1314 Burgess, Michael C., Tex., E1303 Gonzalez, Charles A., Tex., E1308 Thompson, Bennie G., Miss., E1307, E1309, E1314 Calvert, Ken, Calif., E1312 Graves, Sam, Mo., E1309 Visclosky, Peter J., Ind., E1303 Carter, John R., Tex., E1311 Johnson, Eddie Bernice, Tex., E1313 Woolsey, Lynn C., Calif., E1308 Cicilline, David N., R.I., E1303 Johnson, Timothy V., Ill., E1307 Young, C.W. Bill, Fla., E1306 Clarke, Yvette D., N.Y., E1312 Kucinich, Dennis J., Ohio, E1306, E1307, E1309, E1310

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