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

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

Vol. 157 WASHINGTON, THURSDAY, SEPTEMBER 15, 2011 No. 137 House of Representatives The House met at 9 a.m. and was THE JOURNAL Legal Clinic to assist these struggling called to order by the Speaker pro tem- The SPEAKER pro tempore. The communities. pore (Mr. POE of Texas). Chair has examined the Journal of the His work is an inspiration to us all. I last day’s proceedings and announces am lucky to call the bishop a good f to the House his approval thereof. friend. Pursuant to clause 1, rule I, the Jour- Thank you, Bishop Paprocki, for DESIGNATION OF THE SPEAKER nal stands approved. joining us here today. See you on the PRO TEMPORE ice. f The SPEAKER pro tempore laid before the House the following commu- PLEDGE OF ALLEGIANCE f nication from the Speaker: The SPEAKER pro tempore. Will the ANNOUNCEMENT BY THE SPEAKER WASHINGTON, DC, gentleman from South Carolina (Mr. PRO TEMPORE September 15, 2011. SCOTT) come forward and lead the I hereby appoint the Honorable TED POE to House in the Pledge of Allegiance. The SPEAKER pro tempore. The act as Speaker pro tempore on this day. Mr. SCOTT of South Carolina led the Chair will entertain up to five further JOHN A. BOEHNER, Pledge of Allegiance as follows: requests for 1-minute speeches on each Speaker of the House of Representatives. I pledge allegiance to the Flag of the side of the aisle. United States of America, and to the Repub- f f lic for which it stands, one nation under God, indivisible, with liberty and justice for all. PRAYER HOUSE REPUBLICANS FIGHTING f Most Reverend Thomas John TO PROTECT AMERICAN JOBS Paprocki, Bishop of Springfield, Illi- WELCOMING BISHOP THOMAS (Mr. WILSON of South Carolina nois, offered the following prayer: PAPROCKI asked and was given permission to ad- Almighty God, we come to You in The SPEAKER pro tempore. Without dress the House for 1 minute and to re- prayer and seek Your blessing on the objection, the gentleman from Illinois vise and extend his remarks.) United States House of Representa- (Mr. QUIGLEY) is recognized for 1 Mr. WILSON of South Carolina. Mr. tives. minute. Speaker, with more than 14 million Because our vision of Your goodness There was no objection. Americans unemployed, the irrespon- is clouded by sin, we seek Your light to Mr. QUIGLEY. Mr. Speaker, I rise to sible agenda of the National Labor Re- guide us on our way. honor today’s guest chaplain, Bishop lations Board is destroying more jobs. Because we do not always listen as Thomas Paprocki of Springfield, Illi- In April, the NLRB filed a complaint we should to Your commands, help us nois. I’ve known Bishop Paprocki for against The Boeing Company for cre- to hear Your Word. over 20 years, as he served as auxiliary ating thousands of jobs in a right-to- Because we often fail to think in ac- bishop of the Archdiocese of Chicago work State, South Carolina. cord with Your wisdom, we need Your before becoming Bishop of Springfield. The Protecting Jobs from Govern- truth to enlighten our minds. The good bishop is also known in ment Interference Act will promote, Because Your ways are not our ways, other circles only as the ‘‘Holy Goal- today, a positive environment for job give us prudence and courage to follow ie’’—the man who saves souls and creators by developing their businesses Your will. goals. Bishop Paprocki and I have in a State that offers the best opportu- May we take inspiration from played hockey together many times, nities for job growth. The new law will Springfield’s most famous citizen, and it’s always a comfort to know I’ve prohibit the NLRB from dictating Abraham Lincoln, who reminded us got the bishop behind me manning the where employers can relocate, shut that ‘‘a house divided against itself net. down, or transfer employment. cannot stand.’’ May we heed his call But his heroics on the ice pale in I am proud of the leadership of the and follow his example. comparison to his service to our com- four freshmen from South Carolina We ask You, dear God, to grant these munity. In these years since joining making a difference promoting jobs, prayers and lead us to the glory of the priesthood in 1978, he has shown a led by Congressman TIM SCOTT of Your Kingdom, where You live and dedication to helping the poor and dis- North Charleston who introduced this reign forever and ever. advantaged. With his DePaul law de- legislation, and I’m grateful to be an Amen. gree, he set forth to found the Chicago original cosponsor with Congressman

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 23:49 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15SE7.000 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6186 CONGRESSIONAL RECORD — HOUSE September 15, 2011 TREY GOWDY of Spartanburg, Congress- White House at 202–456–1414. Tell them PASS JOBS LEGISLATION man JEFF DUNCAN of Laurens, and Con- to pass this bill right now. Tell them (Mr. WALZ of Minnesota asked and gressman MICK MULVANEY of Indian that H.R. 1956 should be a top priority. was given permission to address the Land. f House for 1 minute and to revise and This legislation will provide the cer- extend his remarks.) tainty for job creators to invest in the BIPARTISAN APPROACH Mr. WALZ of Minnesota. In this economy and put Americans back to Chamber, there is a lot of back and (Mr. BARROW asked and was given work. forth about who creates jobs and who permission to address the House for 1 In conclusion, God bless our troops, doesn’t. Some have suggested it’s not minute and to revise and extend his re- and we will never forget September the government, only business, or vice marks.) 11th in the global war on terrorism. versa. It’s both. Mr. BARROW. Mr. Speaker, today I f How about the construction worker rise to draw attention to a September who built a Federal highway so busi- CLIMATE CHANGE AND ITS 8 Washington Post editorial written by nesses can ship their products? That’s THREAT TO FUTURE GENERA- the dean of the House, the Honorable how we work together. TIONS JOHN DINGELL, entitled ‘‘Congress How about the teacher who works a (Mr. INSLEE asked and was given Needs a Fresh, Bipartisan Approach.’’ 14-hour day to educate the next genera- permission to address the House for 1 Congressman DINGELL reminds us of tion of small business owners? That’s minute and to revise and extend his re- a time not too long ago when Members how we work together. marks.) from both sides of the aisle worked to- Tell it to a veteran that’s not a real Mr. INSLEE. Mr. Speaker, during our gether for long hours for months on job if he spent 2 years away from his discussion of the Federal debt, we end to solve the problems of the day. wife and child to protect our democ- heard a lot of discussion about threats These were times when Members were racy and the freedom of business own- to our children’s and our grand- motivated less by the reward of a good ers to expand their wealth. That’s how children’s future. What we have not media hit and more by the reward of we work together. heard enough discussion about is an- overcoming the challenges that con- Personally, I don’t think I or the other threat to our children’s and our fronted the Nation. American people give a dang who cre- grandchildren’s future, and that is the Today, we face the critical challenge ates the jobs. All that matters is that threat of climate change. of getting Americans back to work. the jobs are created. Let’s get to work We have seen the first bitter taste of This isn’t a Republican or a Demo- for America. We don’t have to sit here this oncoming tsunami of change with cratic problem, and the fix that will and set up false choices and pit the 7 inches of rain in 3 hours in Virginia, get folks back to work doesn’t prefer worker at a private factory against the with wildfires in Texas that have been one side or the other. Americans can teacher who teaches our children. We unprecedented in our Nation’s history. no longer afford the political games all have a role to play in getting this And now our current job crisis does not that consume us now. country back to work. Let’s end the give us the luxury of ignoring this I encourage my colleagues to heed partisanship, work together and pass long-term threat to our children’s and the advice of our distinguished col- jobs legislation. our grandchildren’s future. league. Let’s roll up our sleeves and I want to alert Members to a thing work together to get our economy back f they can check on right now, the Cli- on track. HOLDING OUR MILITARY mate Reality Project, which is some- FAMILIES FISCALLY HOSTAGE thing going on until 7 o’clock tonight— f climaterealityproject.org. If people are (Mrs. ROBY asked and was given per- interested in what is happening to our b 0910 mission to address the House for 1 country today, around the country and minute and to revise and extend her re- TAX HIKES ON JOB CREATORS the world, check out marks.) climaterealityproject.org. It is a bitter (Mr. OLSON asked and was given per- Mrs. ROBY. Our military families are taste. Let’s keep our eye on that ball mission to address the House for 1 the heart and soul of our Armed as well. minute and to revise and extend his re- Forces. Recognizing this, tomorrow in Fort Rucker, Alabama, there will be a f marks.) Mr. OLSON. Mr. Speaker, last week spouse day. Army husbands and wives REFUNDABLE CHILD TAX CREDIT in this Chamber, the President chal- will run an obstacle course, fly simula- (Mr. SAM JOHNSON of Texas asked lenged a joint session of Congress to tors, and shoot M16s to experience life and was given permission to address pass his jobs stimulus bill. He promised as an Army soldier. the House for 1 minute and to revise the American people that it would be Military families are a vital part of and extend his remarks.) paid for. This week, we learned that it my district, and it is my great honor to Mr. SAM JOHNSON of Texas. Last will be 100 percent paid for through tax represent them. Recently, I was in Fort year, illegal immigrants bilked $4.2 bil- hikes on job creators. Rucker and I was speaking to a soldier, lion from U.S. taxpayers due to a loop- Pinnacle Asset Integrity Services is a and his expectant wife was sitting next hole with the refundable child tax cred- small business engineering firm em- to me. With tears in his eyes, he said, it. According to a new report, this ploying 100 people in the district I rep- Don’t worry about me. I’m okay. Just rampant abuse has cost American tax- resent in Pasadena, Texas. Pinnacle’s make sure she’s okay. payers billions. That’s just wrong. president told me that the higher taxes Unnecessary defense cuts could It’s time to close this loophole. proposed by President Obama would change our military as we know it That’s why I’ve reintroduced the com- not affect his personal salary, but high- today. These cuts will not affect mili- monsense legislation, H.R. 1956, that er taxes would severely restrict the tary operations as much as they could stops the child tax credit sham. funds available to him to pay employ- weaken viable support for military The bill requires tax filers to provide ees while maintaining the reserve cash spouses and their children. Regardless their Social Security number to re- needed for monthly salaries. The re- of politics, our military families must ceive that benefit. With the dire need sult? Layoffs. continue to have the resources nec- to cut government spending, I hope Mr. Speaker, tax hikes on job cre- essary to serve in their support role as this simple fix gets a serious look as a ators like Pinnacle are simply not the military dependents. way to stamp out waste, fraud, and solution. Regulatory certainty and rea- f abuse. sonable tax rates will do wonders for If you want to stop illegal immi- job creation. I urge my colleagues to LET’S PASS THE AMERICAN JOBS grants from duping taxpayers for bil- stand with the job creators and reject ACT lions of dollars every year by fraudu- this tax increase. (Mr. MURPHY of Connecticut asked lently claiming this credit, call the Let’s get America back to work. and was given permission to address

VerDate Mar 15 2010 23:49 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.003 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6187 the House for 1 minute and to revise for 1 minute and to revise and extend (Mr. MCGOVERN), pending which I yield and extend his remarks.) her remarks.) myself such time as I may consume. Mr. MURPHY of Connecticut. Mr. Mrs. CHRISTENSEN. I am very wor- During consideration of this resolu- Speaker, I have a great idea. Let’s pass ried about our country. Democrats and tion, all time yielded is for the purpose the American Jobs Act. our President are calling on the Con- of debate only. It cuts taxes, it invests in infrastruc- gress to pass the Jobs Act so that our GENERAL LEAVE ture, and most importantly, it helps fellow Americans who have been unem- Mr. SCOTT of South Carolina. Mr. small businesses be more competitive ployed can go back to work; so that Speaker, I ask unanimous consent that in the global economy. Economists of teachers, firemen, and police can keep all Members have 5 legislative days to all political stripes tell us that this act their jobs; so that those whose incomes revise and extend their remarks. will create 1.9 million jobs, and it does have dropped will have a little more it, in part, by making sure that U.S. The SPEAKER pro tempore. Is there money to spend on their families; so objection to the request of the gen- taxpayer dollars are spent on U.S. jobs that our children will have schools by applying the Buy American provi- tleman from South Carolina? that show we care about them; and so There was no objection. sions. that struggling small businesses will We should pass the American Jobs get the help they need. Act, and then we should take the sim- b 0920 Building the political will to do this ple idea that U.S. taxpayer dollars requires not only patriotism; it re- Mr. SCOTT of South Carolina. Be- should go to create U.S. jobs and then quires compassion. After watching the cause the one Republican amendment apply it to every corner of the Federal Tea Party debate, where the audience submitted to the Rules Committee was Government. For instance, we could not germane and because the Demo- create another 600,000 jobs on top of the and some candidates indicated an unin- sured person should be left to die and crats chose not to offer any amend- 1.9 million if we’d just clean up loop- ments at all, House Resolution 372 pro- holes that allow for thousands of de- where there was loud applause for capital punishment, I wonder if we can vides for a closed rule for consideration fense contracts to go to overseas com- of H.R. 2587, the Protecting Jobs from panies. still feel another’s pain. This calls out to the good people that Government Interference Act. You see, rhetoric on the floor of the Mr. Speaker, I rise today in support House of Representatives doesn’t cre- I know who remain the majority in this country to do more, to speak loud- of this rule and the underlying bill. ate jobs. Real, now-focused policies do, The underlying bill would amend the like the American Jobs Act and the er to drown out the voice of hate, and National Labor Relations Act to pro- Buy American policy. to renew and strengthen the values hibit the NLRB from ordering any em- f that have always made the United States of America the greatest country ployer to relocate, shut down or trans- U.S. OBJECTION TO PALESTINIAN in the world. fer employment beginning the date of STATEHOOD IN THE U.N.—A HOL- We are commanded to love our neigh- passage. Since the NLRB filed suit LOW, LONE VOICE OF REASON bor. As my pastor preached last Sun- against Boeing, I have been reminded (Mr. POE of Texas asked and was day, if we do, we will not wish our of an old saying: ‘‘A government that given permission to address the House neighbors ill or do them harm. is big enough to give you all you want is big enough to take it all away.’’ for 1 minute.) f Mr. POE of Texas. Mr. Speaker, the What you see now is exactly that, Palestinians are going to the United PROVIDING FOR CONSIDERATION Big Government killing jobs under the Nations to seek some type of recogni- OF H.R. 2587, PROTECTING JOBS guise of protecting workers. Let me be tion as a state, but this decision should FROM GOVERNMENT INTER- clear. Despite what opponents will say, only be decided with direct negotia- FERENCE ACT this is not a union issue. This is a clas- tions with Israel and Palestine. The Mr. SCOTT of South Carolina. Mr. sic example of government overreach Palestinians have rejected this proper Speaker, by direction of the Com- which will, in the end, destroy Amer- process for peace and go instead to the mittee on Rules, I call up House Reso- ican jobs and encourage companies to anti-Israel U.N. for recognition. lution 372 and ask for its immediate look elsewhere in the world. Dore Gold, a former Israeli ambas- consideration. With unemployment at 9.1 percent sador to the U.N., said: ‘‘If there was a The Clerk read the resolution, as fol- and an economy which is best described U.N. resolution whose first clause was lows: as fragile, we do not have the luxury of anti-Israel and whose second clause H. RES. 372 being able to afford this action. Plain was that the Earth was flat, the U.N. Resolved, That upon the adoption of this and simple, my legislation will remove would pass it.’’ resolution it shall be in order to consider in the NLRB’s ability to kill jobs. The U.S. has come to this issue late, the House the bill (H.R. 2587) to prohibit the The government, especially an and even though it will object to the National Labor Relations Board from order- unelected board, does not need to be in- Palestinian statehood through the ing any employer to close, relocate, or trans- volved in the business decisions of the U.N., in recent years, the United States fer employment under any circumstance. All private sector. In fact, it cannot be. We has given mixed signals about its sup- points of order against consideration of the bill are waived. The amendment in the na- already live in a country where our port for Israel. That is unfortunate. corporate tax structure is the second Israel is our most loyal friend and ally ture of a substitute recommended by the Committee on Education and the Workforce highest in the world, and we cannot in the Middle East. add another strike against us. The U.S. objection to the Palestinian now printed in the bill shall be considered as adopted. The bill, as amended, shall be con- Today, the NLRB’s overreach threat- statehood in the U.N. will be a hollow, sidered as read. All points of order against ens 1,100 jobs in my hometown of north lone voice of reason. It will show once provisions in the bill, as amended, are Charleston. Let me say that again: again that the U.S. has little leader- waived. The previous question shall be con- 1,100 jobs already created and filled. ship in the United Nations. However, sidered as ordered on the bill, as amended, to Who is to say tomorrow it does not pre- the U.N. will reaffirm its position of final passage without intervening motion exclude another company from looking to bigotry against all things Israel even if cept: (1) one hour of debate equally divided it means proclaiming the Earth is flat. and controlled by the chair and ranking mi- expand, not just in South Carolina, a This is yet another reason to cut U.S. nority member of the Committee on Edu- State where our unemployment rate is aid to the U.N. We don’t need to pay cation and the Workforce; and (2) one motion at 10.9 percent, but anywhere in the to recommit with or without instructions. the U.N. to hate Israel. They will do it country. This instability is the last for free. The SPEAKER pro tempore. The gen- thing our job creators need right now. And that’s just the way it is. tleman from South Carolina is recog- Once again, Mr. Speaker, I rise in support of this rule and the underlying f nized for 1 hour. Mr. SCOTT of South Carolina. Mr. legislation. This commonsense solution PASS THE JOBS ACT Speaker, for the purpose of debate will help spur job creation and, more (Mrs. CHRISTENSEN asked and was only, I yield the customary 30 minutes importantly, it will remove impedi- given permission to address the House to the gentleman from Massachusetts ments to job creation.

VerDate Mar 15 2010 23:49 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.004 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6188 CONGRESSIONAL RECORD — HOUSE September 15, 2011 I encourage my colleagues to vote to China, to retaliate against workers they stripped $500 billion, $500 billion, ‘‘yes’’ on the rule and ‘‘yes’’ on the un- who try to organize a union, the NLRB out of Medicare to pay for the debacle derlying bill, and I reserve the balance would have no power to order those known as national health care. of my time. jobs to be kept or transferred back to Mr. Speaker, I yield 3 minutes to the Mr. MCGOVERN. I thank the gen- the United States. For many American gentleman from South Carolina, Mr. tleman from South Carolina (Mr. workers today, the NLRB’s authority JOE WILSON. SCOTT) for yielding me the customary to restore or reinstate work that has Mr. WILSON of South Carolina. 30 minutes, and I yield myself such been unlawfully transferred, Thank you, Mr. SCOTT, for your leader- time as I may consume. outsourced, or subcontracted away ship. Mr. Speaker, I rise in strong opposi- from workers exercising their lawful The Protecting Jobs from Govern- tion to this yet another closed rule and rights is the only remedy they have to ment Interference Act will prohibit the in even stronger opposition to the un- keep their jobs. National Labor Relations Board from derlying bill. By eliminating the power of the dictating where private businesses can The difference between the two par- NLRB to order work be restored or re- and cannot choose to create jobs. ties could not be any clearer. While instated, a CEO may simply eliminate The legislation ensures private busi- Democrats continue to push for legisla- the work and thereby the worker. That nesses across America will be able to tion that will create American jobs, CEO may even explain to the workforce promote job growth by making deci- Republicans continue to attack Amer- that he eliminated the work because it sions based on the best interests of ican workers. was pro-union. Even worse, H.R. 2587 their shareholders and workers. The After more than 250 days, the major- would apply retroactively to any com- act prohibits the NLRB from ordering ity, House Republicans, have no jobs plaint that has not been resolved by employers to relocate, shut down, or agenda, nothing. Instead, they have the time of enactment, including the transfer employment. It fosters a posi- brought forth job-destroying legisla- Boeing case. tive environment for employers to de- tion that could cost up to nearly 2 mil- This is a terrible, terrible, terrible velop their businesses and the State lion jobs, and they have voted to end precedent. Congress has no business that offers the best opportunities for Medicare, cut Social Security and sticking its nose into an ongoing legal growth and job creation. slash Medicaid. proceeding. We have no business chang- It’s truly sad that this legislation Today, sadly, is no different. Instead ing the rules of the game in the middle must be created to counter the over- of bringing the American Jobs Act to of the game. reaching agenda of the job-killing the floor, the Republican leadership Republicans have sent a clear mes- NLRB. Earlier this month, the Bureau gives us H.R. 2587, the ‘‘GOP Job sage: if you aren’t a CEO of a Fortune of Labor Statistics announced that the Outsourcers’ Bill of Rights.’’ 500 company, you shouldn’t have any national unemployment rate is at 9.1 Mr. Speaker, it is no secret that my rights in the workplace. For the mil- percent. This means there were 14 mil- Republican colleagues detest the Na- lions of hardworking middle class lion Americans that were without jobs. tional Labor Relations Board. They workers who are struggling to support So I find it bizarre that in this climate have made that crystal clear in the their families and pay their bills, H.R. of high unemployment, the NLRB is at- past few months with their amend- 2587 is a slap in the face. tempting to destroy thousands of jobs ments to cut the NLRB’s funding and Democrats will not stand idly by as in South Carolina. undermine its authority. this Republican Congress tries to dis- In fact, as Politico has reported, the But today they have sunk to a new mantle the rights of American work- 1.1 million square-foot building is low. The bill before us guts the very ers. American workers have fought built. I was there for the fundamental rights of American work- hard and earned these rights. They groundbreaking. I was there for the ers to fight for better wages and work- have sweated and bled and sometimes topping out. ing conditions, and it makes it easier died to secure them. I am proud to Already, as my colleague, Congress- for companies to outsource American stand with those workers and their man SCOTT, has pointed out, 1,100 peo- jobs overseas. families. ple are employed today. Another 8,000 Not a single hearing was held on this I find it sad that this Republican people will be employed across this bill, not one. No objective assessments leadership, a leadership that routinely State of South Carolina. This is not a were done by the GAO or the Congres- fights to protect tax loopholes for cor- hypothetical issue. It is a completed sional Research Service, not even any porations that shift jobs overseas, is plant with jobs, with families at risk evaluation on the impact on wages or now bringing this horrible anti-worker today. job security of the millions of Amer- bill to the floor. This year, my birthplace has served ican workers who will be touched by I urge my colleagues to reject this as the center of this controversial rul- this legislation. far-reaching legislation and get back ing by the administration that a large If this is the Republicans’ idea of a to work to bring real and meaningful manufacturer that’s created jobs job-creation plan, they are even further job creation bills to the floor. Stop this across the country cannot relocate. off base than I thought. assault against American workers. 0930 I would like to think that my Repub- I reserve the balance of my time. b lican colleagues haven’t thought Mr. SCOTT of South Carolina. There This is now unprecedented. The Boe- through the wide-ranging repercussions are a couple of comments I would like ing complaint is a threat to all right- of this bill. So let me take a moment to make on my good friend’s com- to-work States, not just South Caro- to educate them. ments. lina. The NLRB is chasing jobs over- Companies in the United States are For one thing, not a single union em- seas. Being a right-to-work State free to move their operations as they ployee, not a single employee in Wash- means employees in those States can see fit, as long as it’s not in retaliation ington State—Puget Sound, Wash- choose for themselves whether to join a for workers exercising their right to ington State—has lost their job be- union. The NLRB complaint against organize, to demand better benefits and cause of the new line of work being Boeing is really without merit. It false- safer working conditions, or to ensure done in North Charleston, South Caro- ly indicates that Boeing ‘‘transferred a full day’s pay for an honest day’s lina. work’’ of the 787 Dreamliner assembly work. Another comment that my good line from Washington State. However, And the plain fact is, if a company is friend made had to do with Medicare not a single union employee has lost a allowed to retaliate against its workers and what the Republicans are doing to job due to the decision to locate a new, simply for exercising their lawful Medicare. Let us not forget the fact second line for 787s. rights, every worker in every other that without any question the legisla- The NLRB efforts may have an unin- State, including South Carolina, will tion that has the greatest impact on tended consequence. With the legal lose some of their fundamental rights. Medicare and its funding for the future theory a business cannot expand from a A year from now, if Boeing decides to happens to be the national health care union State to a right-to-work State, move production from South Carolina plan passed by the Democrats where business will get the message never to

VerDate Mar 15 2010 23:49 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.008 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6189 locate in a union State in the first my colleagues on both sides of the aisle ployees under the law, that they would place. The only safe location is to es- to vote against this bill. move the work away from Puget Sound tablish a business in a right-to-work Mr. SCOTT of South Carolina. Mr. and locate it in South Carolina. And State. Speaker, I yield 2 minutes to the gen- that’s exactly what they did. That’s ex- I applaud the proactive efforts of tleman from Tennessee, Mr. PHIL ROE. actly what they did. Congressman SCOTT in introducing the Mr. ROE of Tennessee. I thank the You can manage a company, but you bill. I want to thank the chairman of gentleman for yielding. cannot use your management rights to the Education and Workforce Com- I rise in strong support of America’s trample on the rights of those basic mittee, JOHN KLINE, along with the dis- job creators, the rule, and H.R. 2587, employees. tinguished subcommittee chairman of Protecting Jobs from Government In- Mr. SCOTT of South Carolina. Mr. Health, Employment, and Labor, Con- terference Act. Speaker, I would certainly love to hear gressman PHIL ROE of Tennessee. What this bill does is it simply a single case, a single specific com- I urge support by my colleagues. amends the NLRA, which was passed in ment, a single specific fact to under- Mr. MCGOVERN. Mr. Speaker, I yield 1935, and prohibits the National Labor gird your comments, I would say to my myself such time as I may consume. Relations Board from ordering employ- friend from Massachusetts. I just want to clarify a few points. I ees to relocate, shut down, or transfer I yield 3 minutes to the gentleman would remind my friend from South employment under any circumstances. from Tennessee, JOHN DUNCAN. Carolina that he and every single Re- In other words, it allows managers to Mr. DUNCAN of Tennessee. Mr. publican in this House voted for the make business decisions that are in the Speaker, I rise in support of this rule Republican line budget, which basi- best interest of their company and and H.R. 2587, the bill that it brings to cally destroys Medicare as we know it, their employees. the floor, and I thank the gentleman voucherizing the entire system. Let’s just give a CliffsNotes version for yielding. I also will remind him that it is his The Boeing Company, which operates of this. party’s leading Presidential candidate Boeing is a great American company. a huge manufacturing plant in Puget right now who is advocating elimi- Sound, has built a new production line I visited that company in Washington nating Social Security. And now we for its 787 Dreamliner fleet in South State. I’ve also seen the Boeing plant have a bill on the floor that my Repub- Carolina. There has been no coinciding in Charleston, South Carolina. What lican friends are supporting that will layoff at the Puget Sound facility. In happened was they moved a second line make it easier and more likely that fact, not a single job was lost in the of business there. The Machinists U.S. corporations will ship U.S. jobs State of Washington as a result of Union disagreed with that. Lodge 751 overseas. Boeing’s decision. On the contrary, lodged a complaint. Stop the assault on American work- Boeing has added an additional 2,000 What the NLRB is supposed to be is ers. jobs in Puget Sound since that time; an impartial referee. It’s like a basket- At this time I would like to yield 2 yet the National Labor Relations ball game. When you go into a gym, minutes to the gentleman from Massa- Board decided that Boeing was harm- you expect the referees to be fair to chusetts (Mr. LYNCH). ing the labor unions in Washington, so both sides. And to my friend on the Mr. LYNCH. I thank the gentleman they made this unfortunate decision. for yielding me this time. other side, the NLRB oversees elec- No department or agency of the Fed- Mr. Speaker, I just want to point out tions, but you have a right as an em- eral Government has ever told any and clarify a few points that have been ployee to vote for or against a union. business that it could not or even made here this morning. Regarding the You have both rights. should not move from one State to an- Boeing case, this is a clear overreach What this is doing is: What about the other without demonstrating the type into the decision of the National Labor people who work in South Carolina? of violation alleged in its case. For the Relations Board. The company has invested over a bil- National Labor Relations Board to tell The National Labor Relations Act, lion dollars to create good-paying Boeing that it cannot move from Wash- section 7, establishes the basic right American jobs. One week ago today, ington to South Carolina with no sub- for employees in this country to self- the President of the United States stantive evidence of antiunion hos- organize, to join, to form, and to assist stood right where you are and made a tility is an unprecedented, a dictatorial labor organizations. very eloquent speech about job cre- power grab that makes people wonder The Boeing workers have been orga- ation. But I guess it doesn’t matter in if we still live in a free country. nized with and by the Machinists South Carolina where those 1,000 jobs— If the shoe was on the other foot, Mr. Union since the 1970s. There has been a 1,100 people are working. It’s not a very Speaker, if a conservative majority on long and good relationship there. The complicated issue. A company should the NLRB told a company it could not union and the employees at Boeing be allowed to move within the borders move from a basically nonunion State were trying to exercise their basic sec- of this country. to a heavily unionized State, those who tion 7 rights. However, the manage- I was raised in a union household. My are opposing this bill would be scream- ment of Boeing, which is a good com- father belonged to the union. He lost ing to the high heavens. pany, but clearly in this case the man- his job several decades ago to a foreign This action by the NLRB will stifle agement of Boeing committed an un- country, so I know what that’s like. economic growth all across this Nation fair labor practice by threatening the Certainly I am very pleased that the and could cause more American compa- employees that if they exercised their people in Washington State have added nies to go to other countries or dis- rights under section 7, they would jobs, not lost jobs out there. courage businesses from moving here move the work out of Washington, out So I believe that this absolutely is an in the first place. of Puget Sound, and relocate it down egregious overreach of the NLRB, and I to South Carolina, which they did. encourage my colleagues to vote for b 0940 The National Labor Relations Board this rule and vote for this very impor- I am certain that those who created followed the law. This is not a close tant piece of legislation. the NLRB could never have imagined case. This is the only decision that the Mr. MCGOVERN. Mr. Speaker, I yield that a future board would make such board could possibly come up with 30 seconds to the gentleman from Mas- an extreme, radical decision such as under the law. We are a nation of laws. sachusetts (Mr. LYNCH). this. The NLRB was not set up to be a You may not like the result, but like it Mr. LYNCH. Mr. Speaker, I just want one-sided, unfair, biased agency that or not, workers in this country have a to respond to those statements. was set up just to protect unions. It basic right to join unions. I know that It is a simple case; I agree with that was and is supposed to be a fair, impar- that’s not a popular idea lately. How- part. And Boeing is a good company, a tial, nonpolitical arbiter between labor ever, in this case, I completely support good American company. But in this and management, business and unions. the board’s actions. I think they fol- case, if you read the facts of the case, Every Member who represents a right- lowed the law. their management made multiple to-work State, such as my State of I rise in strong opposition to the rule threats to the employees that, if they Tennessee, should be very concerned and to the underlying bill, and I ask chose to exercise their rights as em- about this decision.

VerDate Mar 15 2010 23:49 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.010 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6190 CONGRESSIONAL RECORD — HOUSE September 15, 2011 Boeing had a 39-day strike in 2008 overseas so they do not have to play in administration is fighting them at that cost the company an estimated $2 the quagmire pit called the regulations every particular step. billion. The CEO of Boeing Commercial that this President and the Federal Why are we here, Mr. Speaker? We’re told the Seattle Times last year, ‘‘We Government have imposed on busi- here because the President’s words can’t afford to have a work stoppage nesses. don’t match his actions. We’re here and every 3 years. And we can’t afford to To quote from the conservative Chi- we are not agreeing with our col- continue this rate of escalation of cago Tribune: The NLRB’s worst deci- leagues across the way because they wages.’’ sion, however, is its unprovoked ‘‘hit’’ are not backing up what they say with This administration claims to be con- job on Boeing. There’s no question that what they do. If the President would do cerned about jobs. whether you’re a conservative, a lib- the right thing and do what he did last The SPEAKER pro tempore. The eral; whether you are a passionate be- week—he rolled back—and give credit time of the gentleman has expired. liever in the future of this Nation and where credit is due—he rolled back the Mr. SCOTT of South Carolina. I yield this world, here’s one thing we all have new EPA rules on the ozone emissions, the gentleman an additional 30 sec- in common: the decision for the NLRB he could do the exact same thing before onds. to attack America’s greatest and larg- the end of the day today on this NLRB Mr. DUNCAN of Tennessee. Just a est exporter is wrong and indefensible. action against Boeing. And he could do few weeks ago, The Washington Post I yield 3 minutes to the gentleman the right thing and encourage jobs here showed that 82 percent of the American from South Carolina (Mr. MULVANEY). in the United States, exactly as he said people believe it is either very hard or Mr. MULVANEY. Mr. Speaker, we we would be doing. somewhat hard to find a job. Now, just spent several weeks back in our But since he won’t match his words unelected power-mad bureaucrats at own districts, and I had a chance to to his actions, we must pass this rule the NLRB, who do not have to worry talk to a lot of folks—and a lot of my and we must pass this bill. about their jobs, have made a decision Democrat friends. I do have some of Mr. MCGOVERN. Mr. Speaker, at this that will stifle job creation and busi- those. They’re always asking me, Why time I yield 2 minutes to the gentle- ness growth and expansion all over the can’t you just agree with the Presi- woman from Ohio (Ms. SUTTON), who country. We should pass this bill and dent? Why can’t we go along with what believes that it is wrong for the Repub- overturn this shortsighted decision the President says? And I always enjoy licans to pass legislation to make it that could possibly protect some jobs when I get the opportunity to come be- easier for U.S. corporations to ship in Washington, but will ultimately fore this body and look exactly at what U.S. jobs overseas. hurt working people all through this the President says and to look at what Ms. SUTTON. I thank the gentleman Nation. he says about what we’re talking about for the time. Mr. MCGOVERN. Mr. Speaker, I yield today. Mr. Speaker, it is no secret that the myself 30 seconds. What do we know what the President American people are very concerned I want to make it crystal clear that has said? The President said in this about the failure of House Republicans this Republican bill does not protect or very room just last week that he was to help the American people get back create jobs. What it does is it forces for jobs. That’s what Boeing is doing. to work. But, Mr. Speaker, it seems American workers to fight over exist- And the NLRB is fighting them. The that we may have it all wrong. It turns ing jobs by giving up their legal rights President has said he’s for manufac- out that House Republicans have been and underbidding each other. This is turing jobs. He said that he’s calling working to create jobs, just not here in about a race to the bottom. for all of us to come together—private America. The problem I have with my Repub- sector, industry, universities, and the While the American people are suf- lican friends is their economic policies government—to spark a renaissance in fering, H.R. 2587 gives big corporations are all about lowering the standard of American manufacturing and help our which are already flush with profits living for working families in this manufacturers develop cutting-edge and tax breaks yet another free pass to country. We should be trying to in- tools. That is exactly what Boeing is take jobs from hardworking American crease the living standards for Amer- doing and exactly what the Obama ad- men and women and ship them over- ican workers. ministration’s NLRB is fighting, Mr. seas. Without the support of the Na- The SPEAKER pro tempore. The Speaker. tional Labor Relations Board to help time of the gentleman has expired. What else is the President for? He’s American families get a fair shake, we Mr. MCGOVERN. I yield myself an for exports. He’s called on us to double can only expect to see more layoffs, additional 30 seconds. our exports. In fact, he pointed out, lower wages, and a bleaker future for Rather than bringing up a bill that correctly so, that 95 percent of the America’s middle class. makes it easier and more likely for world’s customers and the world’s fast- Instead of stripping power away from U.S. corporations to send U.S. jobs est growing markets are outside our the NLRB to ensure the rights of work- overseas, they ought to be bringing to borders. We need to compete for those ers are upheld and handing it to cor- the floor the President’s jobs bill that customers because other nations are. porations to bust unions and outsource he talked about here in the United We need to up our game, and that is ex- jobs, we should be working to create States Congress about putting people actly what Boeing is trying to do in good-paying jobs right here in Amer- back to work. He came up with a series North Charleston and exactly what the ica, right in Ohio. We should be work- of bipartisan initiatives that will help Obama administration’s NLRB is fighting to level the playing field for the stimulate and jump-start this econ- ing right now. American workers, who are the best, omy. Rather than doing that, which What else has he talked to us about? hardest-working, most innovative will put people back to work, we’re de- He’s told us how important it is to workers in the world. bating an anti-worker bill that’s going have jobs here. Again, just last Thurs- It is time that the Republicans join to make it more likely that U.S. cor- day night, in this very Chamber, he us in that fight, and it’s time that they porations will ship U.S. jobs overseas. said, And we’re going to make sure the join us in voting ‘‘no’’ on this rule and It is wrong, and I would urge my Re- next generation of manufacturing on this very bad legislation, H.R. 2587. publican friends to stop your assault takes root not in China or Europe, but Stand up for the American worker. on American workers. right here in the United States of Mr. SCOTT of South Carolina. My I reserve the balance of my time. America. good friends on the left continue to Mr. SCOTT of South Carolina. I That is exactly what Boeing is doing talk about shipping jobs out of Amer- would just say to my good friend, Mr. in North Charleston. They could have ica. I want to make sure that everyone MCGOVERN, that there’s no doubt about opened this plant overseas. In fact, in still recognizes the fact that the great it that the President’s jobs plan does hindsight, given the treatment of the State of South Carolina is still a part one thing. And it’s consistent with NLRB, maybe they should have. But of the United States of America. In what the NLRB would do as well. It they didn’t. They chose to create jobs fact, when you think about it, you doesn’t simply ship American jobs here in the United States in Charles- must scratch your head when in fact overseas. It ships American companies ton, South Carolina, and the Obama the Washington State employees now

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.012 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6191 have more people there working than jobs bill that you can go and read. And homes. They are out of work. They’re they had when we opened the plant in this is one that we can pass right now. not working. And yet we are debating North Charleston. In fact, if you’re We can pass this bill today, and we can legislation that tries, once again, to talking about creating American jobs get Americans back to work. eviscerate unions, accelerate that race in American States—U.S. States— Mr. MCGOVERN. Mr. Speaker, let to the bottom. South Carolina—you would simply there be no mistake. The Republican This bill does nothing to create good, look at the fact that 1,100 employees bill creates open season for CEOs to well-paying jobs here in America. It have been hired in North Charleston. punish workers for exercising their guts the regulatory powers of the Na- You would think about the fact that basic rights. tional Labor Relations Board. It legal- the compounding impact of those jobs My friends on the other side fight izes runaway shops. It allows compa- in North Charleston could create up to tooth and nail to protect all these cor- nies to fire employees trying to start a 12,000 new American jobs in our States. porate tax loopholes that actually en- union. It’s a right-to-work State, and So the fallacy of the left is nothing courage companies to move their jobs actually makes it easier to ship jobs more than rhetoric. overseas. We can’t touch them. They overseas. Mr. Speaker, I yield 3 minutes to the fight with passion on the floor to pro- None of this is what our economy gentleman from South Carolina, Mr. tect them. needs right now. It’s like what we have JEFF DUNCAN. But when it comes to protecting seen from Republican governors in Mr. DUNCAN of South Carolina. La- American workers, they’re AWOL. I States like Wisconsin, Ohio, Indiana. dies and gentlemen, I rise today in sup- don’t know what it is that they have This legislation represents yet another port of H.R. 2587, the Protecting Jobs against American workers, but this bill front in the majority’s ideological as- from Government Interference Act, undermines the rights of American sault against workers’ rights all across that would end the funding for the workers to be able to stand up and ask the country. NLRB’s lawsuit against Boeing. for a decent wage for an honest day’s I represent a community where the b 0950 work. It undermines their ability to right to organize was hard won at the I’m an original cosponsor of this leg- ask for benefits like a good retirement dress shops, where my mother sewed islation because I believe that what the benefit. This is about taking away collars for pennies, at the gun fac- NLRB has done to Boeing and to the rights and powers of workers. tories, the aerospace industry, the gov- people of South Carolina is one of the Granted, these workers don’t give big ernment offices, and the great univer- most egregious bureaucratic abuses of PAC checks. They’re not the leaders of sities of my state. power that this administration has per- the Fortune 500 companies. But these The families of my district know petrated. And with this administra- people are the backbone of our econ- from hard-won experience that labor tion, honestly, that’s saying some- omy. We should be standing up for unions fight for employee rights, high- thing. American workers in this Congress. We er standards, greater equality, security Earlier this year, the NLRB decided should be fighting to protect American in work and retirement. They help en- that it had the power to tell a company jobs to keep them in the United States. sure that workplaces and politics are where it could move, what it could This bill makes it easier, in fact, driven by the dreams and the aspira- build, and how much. Whatever you more likely that corporations and com- tions of working people, not by cor- think of the NLRB, whatever stance panies will retaliate against workers porate power and the narrow agenda of you have on Big Labor and labor who stand up for their rights by send- the elites. unions, would you ever think that our ing their jobs overseas to places like Unions were instrumental in forming government would consider such an un- China. Why in the world are we doing the broad-based middle class in this constitutional power grab? this? country, and thanks to decades of sys- In the midst of this Great Recession, We should be trying to find a way to tematic efforts by companies to deny when our number one focus should be empower workers in this country. It their rights, as well as misguided trick- on creating jobs, the NLRB is trying to shouldn’t be about a race to the bot- le-down policies that never do trickle stop an American company from build- tom. And it shouldn’t be about States down, union membership has fallen in ing American airplanes with American competing for existing jobs. our country. workers, South Carolinians, right here This is a bad bill. This is a bad prece- Middle class workers have been in America. dent. And quite frankly, again, it is squeezed. Their wages have stagnated, During a recent Congressional hear- typical of what the Republican agenda their benefits cut, their job security ing, one of my colleagues from South is all about when it comes to the econ- weakened, their wage and hour protec- Carolina, he asked the head lawyer for omy. It’s about a race to the bottom. tions have been violated, and all the NLRB if he knew of a single union It’s about lowering the standard of liv- while, income inequality has steadily worker who had lost their job because ing for American workers while pro- risen in this Nation, to the point where Boeing decided to expand production in tecting the big CEOs, the heads of the even as over 15 percent of the popu- South Carolina. NLRB’s lawyer did not Fortune 500 companies. Their rights lation today lives in poverty, 1 percent have an answer. are always protected. But when it of people now make 23 percent of in- But if NLRB wins this lawsuit—listen comes to the little guy, my Republican come in America. clearly, America: If NLRB wins this friends are on the opposite side. This Republican majority is trying to lawsuit, the decision will be made, not Mr. Speaker, I now yield 3 minutes to go for the killing blow. They, once whether to locate in a union State or a the gentlewoman from Connecticut again, attempt here to make a bogey right-to-work State, the decision (Ms. DELAURO). man of the NLRB. American companies will make will be Ms. DELAURO. Let’s be clear. Let’s The Board’s function is only to de- about whether to continue production talk about South Carolina for a second. fend the rights that we consider funda- in the United States of America or No one has mentioned this. South mental, the right to form a union, the take those jobs and that manufac- Carolina is a right-to-work State. What right to be represented by that union turing process to another country. does that mean? in dealings with employers, and the That is the hard reality of what NLRB It guts the ability of workers to orga- right to be free from retaliation from is doing today. nize and to form unions to fight for doing so. I ask my colleagues to join the South higher wages and safer workplaces. The SPEAKER pro tempore. The Carolina delegation, and America, Why do you think Boeing was going to time of the gentlewoman has expired. today in standing up for freedom, South Carolina? Because they thought Mr. MCGOVERN. I yield the gentle- standing up for the right to start a it was going to be worse for them or woman an additional 1 minute. business, standing up for American better for them? A right-to-work State Ms. DELAURO. The Board also en- jobs, standing up to the bullying tac- that guts unions, that’s why they went. forces laws that protect employers and tics of an out-of-control bureaucracy. Millions of Americans are working third parties against practices by Mr. Speaker, let’s pass this bill. Let’s today and they’re looking for work. unions considered to be unfair or harm- pass it right away. This is an actual They’re struggling to keep their ful. In fact, the NLRB charter and

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.013 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6192 CONGRESSIONAL RECORD — HOUSE September 15, 2011 structure were amended to meet Re- agencies like NLRB out of the way and pany has a big facility there. Indeed, publican concerns in 1947 by the Taft- clear the path for job creation. last night, on a telephone town hall, I Hartley legislation. Mr. MCGOVERN. Mr. Speaker, I re- had a worker from Boeing call in. He Today the NLRB is simply doing its mind my colleagues on the other side was very worried about his continued job, finding fair remedies for employees of the aisle that it’s September. When employment right in Wichita, Kansas, and employers in workplace disputes are you going to bring a jobs bill to the and in America. He was worried be- and prosecuting violations when they floor? When are you going to bring leg- cause this administration has taken occur. Nothing radical about the islation that’s going to help put people actions to destroy manufacturing and NLRB. back to work during this difficult econ- aviation manufacturing here in Amer- What’s radical is the anti-union mes- omy? ica. sage that this majority continues to At this time I yield 1 minute to the I rise in support of this rule and the try to foist on the American people. gentleman from Oregon (Mr. DEFAZIO). underlying legislation because the They’ve tried to slash funding for the Mr. DEFAZIO. I don’t mean to con- NLRB has no business telling The Boe- NLRB. They’ve tried several times to tradict my colleague, but the Repub- ing Company, who wants to invest hun- repeal Davis-Bacon. They’re trying licans do have a jobs plan. Now, it’s dreds of millions of its own dollars— now to severely limit workers’ funda- true that Majority Leader CANTOR not taxpayer dollars, its own dollars— mental right to organize collectively. kicked off the week by saying, Not a creating jobs in South Carolina. What The bill is not a serious attempt to penny for infrastructure. We don’t next? An attack on Kansas? An attack restore jobs, restore economic growth, want to just build things in America. on aviation workers all across Amer- or address budget deficits. It’s about We don’t want to invest. That doesn’t ica? marginalizing the labor movement— put people to work. You know, the $50 We need to pass this piece of legisla- and with it the capacity for working billion the President proposed, that tion immediately and ask the Presi- people to find fairness in the work- would create about 1.5 million private dent to sign it. It’s too important to place. It will harm middle class fami- sector jobs in the construction indus- American workers to allow the NLRB lies already dealing with a tough econ- try, but they’re not interested in that. to continue the Big Government poli- omy. It will grease the wheels for com- They do have a jobs plan: snakes. cies of this administration. panies to move jobs overseas. Yes, snakes. Yesterday, in the Over- Mr. MCGOVERN. I yield myself 1 I urge my colleagues to stand with sight Committee, they held a hearing minute. American workers and vote against similar to what we’re talking about Mr. Speaker, we should be talking this rule. here on the floor and debating and con- Mr. SCOTT of South Carolina. Mr. here today on a job-killing regulation sidering an infrastructure bill to put Speaker, I yield 90 seconds to the gen- being proposed by the Obama administration. Keep out invasive species. people back to work. We should be tak- tlewoman from Tennessee, Mrs. DIANE Giant pythons, which are taking over ing up the entirety of the President’s BLACK. the Everglades, the Republicans say jobs proposal that he delivered in a b 1000 that is a job-killing restriction. Just speech a week ago. We should be taking Mrs. BLACK. I thank my colleague think of all the jobs related to snakes. up things that will actually help this from South Carolina for yielding time. First, there’s the importer of these economy and put people back to work. Mr. Speaker, I’m here today as a invasive species. Secondly, we sell Instead, we are dealing with a bill that member of a right-to-work State and a them. Then there are people who raise will make it easier and more likely for cosponsor of this legislation to speak things for them to eat. U.S. corporations to ship U.S. jobs out against NLRB’s actions against The SPEAKER pro tempore. The overseas. And this is a bill that creates Boeing in South Carolina and NLRB’s time of the gentleman has expired. a new race to the bottom for American assault on the right-to-work States. Mr. MCGOVERN. I yield the gen- workers’ rights, wages, benefits, and Not only are the NLRB’s actions a tleman 1 additional minute. working conditions, and it is bad for gross intrusion of government on pri- Mr. DEFAZIO. I thank the gen- this economy. vate business, but this suit, if allowed tleman. Why do my Republican friends con- to proceed, would have a chilling effect Then when they escape, we hire peo- tinue to insist that the only way to on the business growth in all right-to- ple, pest control eliminators, to go out deal with our economic problems is to work States like Tennessee. and try to find them when people aban- lower the standard of living and the In my home State, the unemploy- don them. What a jobs creator. quality of life for American workers? ment rate is at a staggering 9.8 per- No, we’re not going to rebuild our in- Why are all the tough choices being cent. And in some of my counties, we frastructure. We’re not going to try made on the backs of American work- are well over a double digit in unem- and continue to have fair wages for ers? ployment. Too many Tennesseeans are people who build the best airplanes in We can do much better in this coun- out of work, and I don’t want compa- the world, Boeing. No, those things are try. We need to be focusing on jobs, not nies with good-paying jobs to feel like off the table as far as the Republicans on this stuff. they can no longer move a facility to are concerned. It’s job-killing regula- I reserve the balance of my time. Tennessee for fear that there will be an tions, that’s what’s hurting America. Mr. SCOTT of South Carolina. Mr. NLRB lawsuit. Come on guys, get real. Let’s rebuild Speaker, I yield 2 minutes to the gen- The actions of NLRB set a very dan- America. Let’s invest. Let’s pay work- tleman from Mississippi, Mr. STEVE gerous precedent that the Federal Gov- ers a fair wage. You know, when a PALAZZO. ernment can tell a private company in worker earns a fair wage, they can af- Mr. PALAZZO. Mr. Speaker, I hear which State they can or cannot locate. ford to go to the small business down across the aisle my colleagues talking Policies like this could very well drive the street and patronize them and buy about what have the Republicans done a company to leave the United States their goods. And then maybe some day, to create jobs, and they point out and go overseas where agencies like if you stop these job-killing trade where we’ve created a job. this don’t exist. That is why I stand deals, they’ll be able to buy goods that Well, I don’t think it’s the govern- here today in strong support of the are actually made in America with ment’s responsibility to create jobs, Protecting Jobs from Government In- their decent wages at an American but it is our responsibility to foster a terference Act. This is an important company. Get real. healthy business climate in this Nation first step not only to put NLRB on no- Mr. SCOTT of South Carolina. Mr. where our entrepreneurs and small tice that their actions will be checked Speaker, I yield 1 minute to the gen- business owners can go out and create by Congress, but also to ensure that tleman from Kansas, Mr. MIKE POMPEO. jobs, expand, and increase the benefits NLRB cannot dictate which State an Mr. POMPEO. I thank the gentleman and the pay of their employees. But employer can locate jobs in the United for yielding and for his hard work on you’re not going to do that if you in- States. this important piece of legislation. crease their taxes. You’re not going to At a time when 14 million workers In Kansas, we build airplanes with do that if you have unelected bureau- are unemployed, we must get Federal American workers. The Boeing Com- crats running around increasing job-

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.015 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6193 stifling regulations and circumventing Again, their plan for the economy is from dictating where employers and Congress’ efforts to foster an atmos- all about lowering the standard of liv- private businesses can set up their op- phere in this country to create jobs. ing, lessening the quality of life for erations, putting our economic recov- You’re not going to do that if we con- American workers, while protecting ery back where it belongs—in the tinue to have frivolous litigation. All those who are most fortunate in this hands of the people instead of the Fed- these things taken together develop a country, those who head up the big eral Government. certain amount of uncertainty in our companies. If we are serious about getting our Nation, and capital sits on the side- b 1010 economy back on track, we must sup- lines or it goes overseas to a more port these kinds of policies that help friendly job creation environment. We should be debating on this floor restore certainty to the marketplace I’m in one of those 22 proud right-to- today the President’s job bill. If my and provide our true job creators with work States. In Mississippi, we love the Republican friends don’t want to vote the confidence and freedom and oppor- high-tech jobs we’re getting and the for it, they don’t have to; but that’s tunity necessary to do what they do advanced manufacturing jobs and the the legislation that should be brought best: innovate, grow their businesses, Department of Defense aerospace in- before the Members of this Congress and get America working again. dustry, shipbuilding. We like jobs in today, not this bill, a bill that punishes That is why I’m proud to cosponsor Mississippi. And this Protecting Jobs American workers. Enough. You’ve H.R. 2587. I urge my colleagues to sup- from Government Interference Act will been punishing American workers since port this bill. you took the majority. Enough is prohibit the NLRB from telling private Mr. SCOTT of South Carolina. Mr. enough. sector companies where they can or Speaker, I advise my colleague from I reserve the balance of my time. cannot locate. Massachusetts that I have no remain- Mr. SCOTT of South Carolina. Mr. We must restrain them. We must ing speakers. Speaker, I yield 3 minutes to the gen- stop this, because the industries that Mr. MCGOVERN. Then I yield myself tleman from Virginia, Mr. ROBERT we have collected over the past several the balance of my time. years in the State of Mississippi, I HURT. Mr. HURT. I thank the gentleman Mr. Speaker, let me state for the firmly believe these companies would record that this bill is not a retaliation not have located either to the United from South Carolina for yielding and for his leadership on this important against right-to-work States. I’m not a States or they would have not located big fan of right-to-work States in to my State if it wasn’t for the fact issue. Mr. Speaker, I rise today in support terms of how they treat workers and that we have a great workforce and those who want to organize unions; but we’re a right-to-work State. We would of H.R. 2587, the Protecting Jobs from Government Interference Act. this bill is really about protecting have lost these jobs forever. We would workers from corporations that retali- Over the past 21⁄2 years, this adminis- have never seen them. They would have ate against them simply for demanding left America or they would have stayed tration has vastly expanded the size and scope of the Federal Government their rights and organizing for their in the foreign country they came from. rights. We like to work in Mississippi. We and supported policies that have de- The Republican bill changes the rules like jobs. We want more of them, not stroyed jobs, stifled investment and in- mid-trial to benefit a particular For- less. novation, and slowed our economic re- tune 500 company, Boeing; but this bill Mr. MCGOVERN. Mr. Speaker, I yield covery in Virginia’s 5th District and myself such time as I may consume. across the country. has wide-ranging repercussions for Mr. Speaker, the gentleman talks One of the most recent and troubling American workers. This bill does not about creating a healthy business cli- examples of this government overreach protect or create jobs. It just doesn’t. mate. I don’t know how we’re creating is the latest move by the unelected Na- It forces American workers to fight a healthy business climate by passing a tional Labor Relations Board to block over existing jobs by giving up their bill that makes it easier and more like- Boeing from creating thousands of jobs rights and underbidding each other. ly that U.S. corporations will ship U.S. in South Carolina. This kind of govern- It’s a race to the bottom. jobs overseas. ment intervention is a direct attack on The Republican bill makes it easier After more than 200 days in the ma- our economic freedom and has disas- to ship U.S. jobs overseas. There’s no jority, House Republicans have passed trous effects on 5th District Virginians question about that. And the Repub- no bills, none, no bills to create jobs, and all Americans. It has the potential lican bill creates an open season for moving instead on job destroying legis- to cost thousands of jobs at a time CEOs to punish workers for exercising lation that could cost up to nearly 2 when we need jobs most. their rights. Again, this is a further as- million jobs, with more to come. It dangerously and unacceptably in- sault on the rights and protections This week, to make matters worse, serts the Federal Government into the that workers have fought so hard for we’re taking up this legislation that business decisions of private compa- for so many decades, and this bill un- will encourage the shipping of jobs nies, and it threatens to undermine the dermines the duty to bargain in good overseas and a bill that will weaken economic competitiveness of all faith. This is an anti-union bill—there the middle class. Instead of creating States, such as Virginia, that have is no question—among other things. jobs and strengthening the middle class right-to-work laws. The bill also encourages law-break- and protecting workers’ rights, the Re- Being the northernmost right-to- ing and intimidation by employers. It publicans are making it easier for cor- work State on the east coast has removes a key disincentive against em- porations to send American jobs over- helped make Virginia the best place in ployers who unlawfully threaten em- seas. And it allows employers to punish the country to do business and has ployees with job loss during organizing their employees for simply exercising helped promote job growth and eco- drives. their rights to organize, to demand bet- nomic investment across the 5th Dis- The Republican bill creates a new ter benefits and safer working condi- trict and our Commonwealth. race to the bottom for American work- tions, and to ensure a full day’s pay for At a time when millions of Ameri- ers’ rights, wages, benefits, and work- an honest day’s work. I mean, that’s cans are out of work and unemploy- ing conditions. We’re going in the what this bill does. ment remains unacceptably high, wrong direction with this bill. You know, in 2000, the National right-to-work States should not be pe- This bill is one more assault on Labor Relations Board was able to nalized by an intrusive and overbearing American workers, on the American force a company to bring jobs back to Federal Government for their ability middle class. Time after time after the United States from Mexico, as the to attract new business, investment, time the Republican leadership has company was charged with shipping and jobs. stood up for Big Business and against jobs to Mexico in retaliation against As part of the House’s job-creation the American middle class. Higher gas workers seeking to organize a union. agenda, H.R. 2587 would remove the prices—Republicans protect Big Oil tax Under this Republican bill, American Federal Government as a roadblock to breaks and do nothing to help the aver- workers would lose this protection. job growth by preventing the NLRB age consumer. Health care coverage for

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.017 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6194 CONGRESSIONAL RECORD — HOUSE September 15, 2011 our kids through the age of 25—Repub- this floor that helps create jobs? Why Ellmers Kline Ribble licans side with the health care compa- don’t you bring the President’s plan to Emerson Labrador Rigell Farenthold Lamborn Rivera nies that put profits over patients. the floor and let’s have it out? Fincher Lance Roby With this bill, Republicans are pro- Mr. SCOTT of South Carolina. Our Fitzpatrick Landry Roe (TN) moting job creation overseas by allow- President wants an up-or-down vote on Flake Lankford Rogers (KY) ing companies to move overseas in re- this one package. Fleischmann Latham Rogers (MI) Fleming LaTourette Rohrabacher taliation of workers who are exercising We believe that the fastest and most Flores Latta Rokita their own legal rights. Not only that, effective way to show the American Forbes Lewis (CA) Rooney this bill goes back in time and applies people that partisan politics is over Fortenberry LoBiondo Ros-Lehtinen Foxx Long this bill retroactively. This is just like and that we’re now focused on the Roskam Franks (AZ) Lucas Ross (AR) changing the value of a touchdown in American people, we will take those Frelinghuysen Luetkemeyer Ross (FL) the middle of the Super Bowl simply parts, those aspects of the President’s Gallegly Lummis Royce Gardner Lungren, Daniel Runyan because you don’t like the score of the bill that we agree with, like regulatory Garrett E. game. This bill would be a joke if it reform like we’re doing today, and sim- Ryan (WI) Gerlach Mack Scalise Gibbs Manzullo weren’t so serious. ply say to the American people that Schilling Gibson Marchant I would urge my colleagues on both we’re listening. We will take, without Schmidt Gingrey (GA) McCarthy (CA) Schock sides of the aisle, this is not about pro- any question, an opportunity to debate Gohmert McCaul Schweikert tecting right-to-work States. Really, Goodlatte McClintock the necessity of reducing the corporate Scott (SC) Gowdy McCotter this is not even about unions. This is tax structure to make America’s cor- Scott, Austin Granger McHenry Sensenbrenner about the rights of workers in this porations more competitive. Graves (GA) McIntyre Sessions country. This is about protecting Mr. Speaker, I sincerely hope we can Graves (MO) McKeon Shimkus Griffin (AR) McKinley American jobs. This is about urging move past the politics and the games Shuler companies to invest in the United which so often sidetrack things in Griffith (VA) McMorris Grimm Rodgers Shuster States and not making it easier for Washington and pass this important Guinta Meehan Simpson them to create jobs overseas. legislation here today. Guthrie Mica Smith (NE) Hall Miller (FL) Smith (NJ) We’re in a difficult economy right This is not a question of pro-union— Smith (TX) now, Mr. Speaker. We should be debat- Hanna Miller (MI) I agree with you—or anti-union. It is a Harper Miller, Gary Southerland ing on this floor the President’s job question of right versus wrong. Harris Mulvaney Stearns bill. Every day we should be doing Hartzler Murphy (PA) Stivers The NLRB has plenty of tools at its Stutzman something about jobs. And, instead, disposal to protect workers and hold Hastings (WA) Myrick Hayworth Neugebauer Sullivan here we are in September. My Repub- employers accountable for unlawful Heck Noem Terry lican colleagues have done nothing. labor practices. There is simply no rea- Hensarling Nugent Thompson (PA) They’ve done nothing except continue Herger Nunes Thornberry son it should have the power to dictate Tiberi an assault on middle class families. Herrera Beutler Nunnelee where a private business can establish Huelskamp Olson Tipton Today, it’s workers. They’re going its workforce. Huizenga (MI) Palazzo Turner (OH) after Medicare in the Ryan budget. Mr. Speaker, I yield back the balance Hultgren Paul Upton Walberg Their leading Republican Presidential of my time, and I move the previous Hunter Paulsen Hurt Pearce Walden candidate is talking about eliminating question on the resolution. Issa Petri Walsh (IL) Social Security. All the protections, Jenkins Pitts West all the rights that middle class fami- b 1020 Johnson (IL) Platts Westmoreland lies have fought for and have won that Johnson (OH) Poe (TX) Whitfield The SPEAKER pro tempore. The Johnson, Sam Pompeo Wilson (SC) are essential to a decent quality of life question is on ordering the previous Jones Posey Wittman they’re trying to take away. Enough. question. Jordan Price (GA) Wolf Kelly Quayle Womack I urge my colleagues to vote ‘‘no’’ on The question was taken; and the this closed rule and ‘‘no’’ on this bill. King (IA) Reed Woodall Speaker pro tempore announced that King (NY) Rehberg Yoder I yield back the balance of my time. the ayes appeared to have it. Kingston Reichert Young (FL) Mr. SCOTT of South Carolina. I yield Kinzinger (IL) Renacci Young (IN) Mr. SCOTT of South Carolina. Mr. myself the balance of my time. Speaker, on that I demand the yeas Mr. Speaker, my good friend from NAYS—177 and nays. Massachusetts continues to talk about Ackerman Costello Himes The yeas and nays were ordered. the President’s jobs plan that is noth- Altmire Courtney Hinchey The SPEAKER pro tempore. Pursu- Andrews Critz Hinojosa ing more than a brand spanking new ant to clause 8 and clause 9 of rule XX, Baca Crowley Hirono stimulus plan spending $467 billion by Baldwin Cuellar Hochul this 15-minute vote on ordering the increasing taxes on everyone, including Barrow Cummings Holden previous question will be followed by 5- Bass (CA) Davis (CA) Holt the middle class. I cannot find it in my minute votes on adopting House Reso- Becerra Davis (IL) Honda heart to say to Mr. MCGOVERN that the lution 372, if ordered, and suspending Berkley DeFazio Hoyer President’s plan has any opportunity of Berman DeGette Inslee the rules and passing H.R. 2867. passing in this House, because the bot- Bishop (GA) DeLauro Israel The vote was taken by electronic de- Bishop (NY) Deutch Jackson (IL) tom line is simply this: we ought to vice, and there were—yeas 234, nays Blumenauer Dicks Jackson Lee spend our time focused on the things Boswell Dingell (TX) 177, not voting 20, as follows: that we have in common. It is time for Brady (PA) Doggett Johnson (GA) [Roll No. 707] Braley (IA) Donnelly (IN) Johnson, E. B. the games to stop. Brown (FL) Doyle Keating We should look at the President’s YEAS—234 Butterfield Edwards Kildee plan and pick out those parts of the Adams Boren Chaffetz Capps Ellison Kind plan that we agree with. We should Aderholt Boustany Coble Cardoza Engel Kissell Akin Brady (TX) Coffman (CO) Carnahan Eshoo Kucinich start by talking about having an op- Alexander Brooks Cole Carney Farr Langevin portunity to work on corporate tax re- Amash Broun (GA) Conaway Carson (IN) Fattah Larson (CT) duction, flattening the tax rate for cor- Bachus Buchanan Cravaack Castor (FL) Filner Lee (CA) Bartlett Bucshon Crawford Chandler Frank (MA) Levin porations. We have the second highest Barton (TX) Buerkle Crenshaw Chu Fudge Lipinski tax rate in all of the world, and this en- Bass (NH) Burgess Culberson Cicilline Garamendi Loebsack vironment creates an unlevel playing Benishek Burton (IN) Davis (KY) Clarke (MI) Gonzalez Lofgren, Zoe field for America’s job creators. Berg Calvert Denham Clarke (NY) Green, Al Lowey Biggert Camp Dent Clay Green, Gene Luja´ n Mr. MCGOVERN. Will the gentleman Bilbray Campbell DesJarlais Cleaver Grijalva Lynch yield? Bilirakis Canseco Diaz-Balart Clyburn Gutierrez Maloney Mr. SCOTT of South Carolina. I yield Bishop (UT) Cantor Dold Cohen Hahn Markey to the gentleman from Massachusetts. Black Capito Dreier Connolly (VA) Hanabusa Matheson Blackburn Carter Duffy Conyers Hastings (FL) Matsui Mr. MCGOVERN. I’m just curious. Bonner Cassidy Duncan (SC) Cooper Heinrich McCarthy (NY) When are we going to debate a bill on Bono Mack Chabot Duncan (TN) Costa Higgins McCollum

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.019 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6195 McDermott Polis Sires The result of the vote was announced Enclosure. McGovern Price (NC) Slaughter STATE OF NEVADA, McNerney Quigley Smith (WA) as above recorded. OFFICE OF THE SECRETARY OF STATE, Meeks Rahall Speier Stated against: Carson City, September 14, 2011. Michaud Rangel Stark Mr. LARSEN of Washington. Mr. Speaker, Miller (NC) Reyes Sutton on rollcall No. 707 I missed the vote due to a Hon. KAREN L. HAAS, Miller, George Richardson Thompson (CA) Clerk, House of Representatives, The Capitol, Moore Richmond Thompson (MS) personal family issue. Had I been present, I Washington, DC. Moran Rothman (NJ) Tierney would have voted ‘‘nay.’’ DEAR MS. HAAS: This is to advise you that Murphy (CT) Roybal-Allard Tonko f Napolitano Ryan (OH) Towns the unofficial results of the Special Election Neal Sa´ nchez, Linda Tsongas COMMUNICATION FROM THE held on Tuesday, September 13, 2011, for Rep- Olver T. Vela´ zquez CLERK OF THE HOUSE resentative in Congress, from the Second Owens Sanchez, Loretta Visclosky Congressional District of Nevada, show that Pallone Sarbanes Walz (MN) The SPEAKER laid before the House Pascrell Schakowsky Wasserman the following communication from the Mark E. Amodei, received 74,976 votes or 57.93 percent of the total number of votes Pastor (AZ) Schiff Schultz Clerk of the House of Representatives: Payne Schwartz Waters cast for that office. Pelosi Scott (VA) Watt OFFICE OF THE CLERK, Perlmutter Scott, David Welch U.S. HOUSE OF REPRESENTATIVES, It would appear from these unofficial re- Peters Serrano Wilson (FL) Washington, DC, September 14, 2011. sults that Mark E. Amodei was elected as Peterson Sewell Woolsey Hon. JOHN BOEHNER, Representative in Congress from the Second Pingree (ME) Sherman Yarmuth The Speaker, House of Representatives, Wash- Congressional District of Nevada at this NOT VOTING—20 ington, DC. time. Please note, pursuant to Nevada Re- Austria Larsen (WA) Rush DEAR MR. SPEAKER: I have the honor to vised Statutes 293.403, any candidate who is Bachmann Lewis (GA) Schrader transmit herewith a scanned copy of a letter defeated at any election may demand a re- Barletta Marino Van Hollen received from Mr. Scott Gilles, Deputy Sec- count of the votes within 3 working days fol- Capuano Nadler Waxman retary of Elections, on behalf of Nevada Sec- lowing the canvass of the vote. At this time, Giffords Pence Webster retary of State, the Honorable Ross Miller, the canvass has not been scheduled. Gosar Rogers (AL) Young (AK) indicating that, according to the unofficial Kaptur Ruppersberger returns of the Special Election held Sep- As soon as the official results are certified b 1046 tember 13, 2011, the Honorable Mark E. to this office by the counties within the State of Nevada and canvassed by the Su- Messrs. HONDA, TONKO, SHERMAN, Amodei was elected Representative to Con- gress for the Second Congressional District, preme Court, an official Certificate of Elec- and LARSON of Connecticut changed State of Nevada. tion will be transmitted to you as required their vote from ‘‘yea’’ to ‘‘nay.’’ With best wishes, I am by law. Mr. MCINTYRE changed his vote Sincerely, Respectfully, from ‘‘nay’’ to ‘‘yea.’’ KAREN L. HAAS, ROSS MILLER, So the previous question was ordered. Clerk. Secretary of State. 2011 UNOFFICIAL SPECIAL ELECTION RESULTS—SEPTEMBER 13, 2011 [U.S. Representative in Congress District 2—2 Year Term]

Total Carson White Percent Votes City Churchill Clark Douglas Elko Esmeralda Eureka Humboldt Lander Lincoln Lyon Mineral Nye Pershing Storey Washoe Pine

Amodei, Mark E...... 57.93 74,976 6,472 3,002 3,499 7,866 3,369 158 272 1,471 597 503 5,833 514 2,746 525 658 36,596 895 Fasano, Timothy...... 1.87 2,415 196 171 63 138 154 9 16 51 29 19 241 52 141 45 41 1,010 39 Lehmann, Helmuth...... 4.14 5,354 349 216 138 444 139 13 12 133 50 12 360 80 159 82 68 3,048 51 Marshall, Kate...... 36.06 46,669 3,824 993 2,180 3,284 962 30 69 580 131 119 2,413 335 1,407 217 360 29,362 403

2011 SPECIAL ELECTION VOTER TURNOUT— STATE BOARD OF ELECTIONS, from Nevada, the Honorable MARK CONGRESSIONAL DISTRICT 2 Albany, NY, September 14, 2011. AMODEI, be permitted to take the oath AREN AAS [Turnout with 100.00% of County Precincts reporting as of 11:08 PM] Hon. K L. H , of office today. Clerk, House of Representatives, The Capitol, His certificate of election has not ar- Washington, DC. rived, but there is no contest and no DEAR MS. HAAS: This is to advise you that Active Registered Voters ...... 396,090 the unofficial results of the Special Election question has been raised with regard to Election Day Turnout ...... 53,724 his election. Early Turnout ...... 67,014 held on Tuesday, September 13, 2011 for Rep- Absentee Turnout ...... 8,865 resentative in Congress from the Ninth Con- The SPEAKER. Is there objection to gressional District of New York show that the request of the gentlewoman from Total Turnout ...... 129,603 Percent Turnout—Active Voters ...... 32.7% David I. Weprin received 27,599 votes, Bob Nevada? Turner received 32,403 votes, and Christopher There was no objection. P. Hoeppner received 277 votes cast for that f Mr. RANGEL. Mr. Speaker, I ask office. unanimous consent that the gentleman To the best of our knowledge and belief at COMMUNICATION FROM THE this time, there is a court proceeding (Tur- from New York, the Honorable BOB CLERK OF THE HOUSE ner v Weprin, and the NYCBOE commis- TURNER, be permitted to take the oath The SPEAKER laid before the House sioners, the NYCBOE and the City of New of office today. the following communication from the York) that temporarily enjoins and restrains His certificate of election has not ar- Clerk of the House of Representatives: the respondent board of elections from certi- rived, but I am not aware of any reason fying any candidate as the candidate duly why the House should not see him HOUSE OF REPRESENTATIVES, elected to the office of Representative in sworn today. Washington, DC, September 15, 2011. Congress, 9th Congressional District. The SPEAKER. Is there objection to Hon. JOHN BOEHNER, As soon as the official results are certified the request of the gentleman from New The Speaker, House of Representatives, to this office by all county boards in the Washington, DC. Ninth Congressional District in New York an York? DEAR MR. SPEAKER: I have the honor to official Certification of Election will be pre- There was no objection. transmit herewith a scanned copy of a letter pared for transmittal as required by law. The SPEAKER. Will the Representa- received from Mr. Robert Brehm and Mr. Sincerely, tives-elect and the members of their Todd Valentine, Co-Executive Directors, ROBERT A. BREHM, respective delegations present them- New York State Board of Elections, indi- TODD D. VALENTINE. selves in the well. cating that, according to the unofficial re- f The Representatives-elect will please turns of the Special Election held September raise their right hands. 13, 2011, the Honorable Bob Turner was elect- SWEARING IN OF THE HONORABLE Mr. AMODEI and Mr. TURNER ap- ed Representative to Congress for the Ninth MARK AMODEI, OF NEVADA, AND peared at the bar of the House and took Congressional District, State of New York. THE HONORABLE BOB TURNER, With best wishes, I am, the oath of office, as follows: OF NEW YORK, AS MEMBERS OF Do you solemnly swear that you will Sincerely, THE HOUSE KAREN L. HAAS, support and defend the Constitution of Clerk. Ms. BERKLEY. Mr. Speaker, I ask the United States against all enemies, Enclosure. unanimous consent that the gentleman foreign and domestic; that you will

VerDate Mar 15 2010 02:52 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A15SE7.003 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6196 CONGRESSIONAL RECORD — HOUSE September 15, 2011 bear true faith and allegiance to the and that whenever we have an election, PROVIDING FOR CONSIDERATION same; that you take this obligation the winners clearly are Members of the OF H.R. 2587, PROTECTING JOBS freely, without any mental reservation Congress, the Constitution, and our FROM GOVERNMENT INTER- or purpose of evasion; and that you will great country. FERENCE ACT well and faithfully discharge the duties We from New York have the special The SPEAKER. Without objection, 5- of the office on which you are about to history of not being partisan and work- minute voting will continue. enter, so help you God. ing together for our districts, our com- There was no objection. The SPEAKER. Congratulations, you munities, our country. PETER KING has The SPEAKER. The question is on are now Members of the 112th Congress. been here long enough to remember the the resolution. f days when adversaries could also be The question was taken; and the friends. WELCOMING THE HONORABLE Speaker pro tempore announced that On behalf of the Congress and the MARK AMODEI TO THE HOUSE the ayes appeared to have it. New York delegation, we all welcome OF REPRESENTATIVES Ms. SLAUGHTER. Mr. Speaker, on the Honorable BOB TURNER in joining that I demand the yeas and nays. The SPEAKER. Without objection, our group. We in the State delegation The yeas and nays were ordered. the gentlewoman from Nevada (Ms. look forward to working with him. The SPEAKER. This is a 5-minute BERKLEY) is recognized for 1 minute. At this time, Mr. Speaker, I yield to vote. There was no objection. my distinguished friend, PETER KING, The vote was taken by electronic de- Ms. BERKLEY. Mr. Speaker, it is my from the great State of New York. vice, and there were—yeas 239, nays great pleasure to welcome Representa- Mr. KING of New York. Thank you, tive AMODEI to Congress. Our new col- 176, not voting 18, as follows: Congressman RANGEL. league is a native son of Nevada and a As all of you know, this is not some- [Roll No. 708] graduate of the University of Nevada, thing we’re used to doing in New York. YEAS—239 where he served in the ROTC program But it’s a great moment. It’s a great Adams Foxx Matheson and later served on active duty in the moment for New York. It’s a great mo- Aderholt Franks (AZ) McCarthy (CA) Akin Frelinghuysen McCaul Army, first in artillery and then as a ment for the people of the Ninth Con- JAG officer. Alexander Gallegly McClintock gressional District. It’s a special privi- Amash Gardner McCotter He has worked for the people of Ne- lege for me to be able to introduce our Amodei Garrett McIntyre vada for many years as an assembly- Austria Gerlach McKeon newly elected Member. man and as a member of the State Sen- Bachus Gibbs McKinley BOB TURNER is an Army veteran. He’s ate. I look forward to working with the Bartlett Gibson McMorris an extremely successful businessman. Barton (TX) Gingrey (GA) Rodgers gentleman as we represent the citizens Most importantly, he’s the proud hus- Bass (NH) Gohmert Meehan of the great State of Nevada. Benishek Goodlatte Mica band of Peggy, proud father of 5 chil- I now yield to my colleague and Berg Gosar Miller (FL) dren, and proud grandfather of 13 chil- Biggert Gowdy Miller (MI) friend, Representative HECK. Bilbray Granger Miller, Gary Mr. HECK. I thank the gentlelady for dren. I can tell you he’s a great friend and a great human being. He’s going to Bilirakis Graves (GA) Mulvaney yielding. Bishop (UT) Graves (MO) Murphy (PA) I too want to offer my congratula- make an outstanding Congressman. I’m Black Griffin (AR) Myrick Blackburn Griffith (VA) Neugebauer tions to MARK AMODEI. I had the honor so proud to be here today with BOB TURNER, as I’ve been during the years Bonner Grimm Noem of serving alongside him in the State Bono Mack Guinta Nugent Senate, where he distinguished himself I’ve come to know him and to respect Boren Guthrie Nunes as president pro tempore and a member him. He’s going to be a truly out- Boustany Hall Nunnelee Brady (TX) Hanna Olson of the Natural Resources Committee, standing addition to this body and great fighter for the people of New Brooks Harper Palazzo where he was the go-to guy on a lot of Broun (GA) Harris Paul issues important to Nevada regarding York. Buchanan Hartzler Paulsen water laws, grazing rights, and public Thank you, Chairman RANGEL. Bucshon Hastings (WA) Pearce Mr. RANGEL. Mr. Speaker, I thank Buerkle Hayworth Petri lands issues. He’s a fellow veteran. It’s Burgess Heck Pitts an honor to have him here. I wish him you for the great privilege of bringing Burton (IN) Hensarling Platts well, and I ask the entire House to wel- to you our newly elected Member, the Calvert Herger Poe (TX) Honorable BOB TURNER. Camp Herrera Beutler Pompeo come here as well. Campbell Huelskamp Posey Ms. BERKLEY. Mr. Speaker, I now The SPEAKER. The gentleman from Canseco Huizenga (MI) Price (GA) yield to the gentleman from Nevada, New York is recognized. Cantor Hultgren Quayle Representative MARK AMODEI. Capito Hunter Reed b 1100 Carter Hurt Rehberg The SPEAKER. The gentleman from Mr. TURNER of New York. Thank Chabot Issa Reichert Nevada is recognized. Chaffetz Jenkins Renacci you, Mr. Speaker. Thank you, Con- Mr. AMODEI. Thank you, Mr. Speak- Coble Johnson (IL) Ribble er. gressman RANGEL. Thank you, Con- Coffman (CO) Johnson (OH) Rigell Thank you, brand new colleagues, for gressman KING. Cole Johnson, Sam Rivera With true humility, I accept this Conaway Jones Roby your courtesies. I will endeavor to do Cooper Jordan Roe (TN) the best I can to bring honor to this awesome responsibility, and I pledge Cravaack Kelly Rogers (AL) House and help you with the work that not to forget how I got here. It was an Crawford King (IA) Rogers (KY) important bipartisan election; it’s the Crenshaw King (NY) Rogers (MI) we have to do. Culberson Kingston Rohrabacher I was told that the longer you talk, only way it can be done in New York Davis (KY) Kinzinger (IL) Rokita the less popular you are; so I yield City. And I will also promise not to for- Denham Kline Rooney back my time. get why I’m here, and it’s the future, Dent Labrador Ros-Lehtinen which is ably represented here by these DesJarlais Lamborn Roskam Thank you very much. Diaz-Balart Lance Ross (AR) handsome grandchildren, not even the f Dold Landry Ross (FL) whole brood. Follow a good example Dreier Lankford Royce WELCOMING THE HONORABLE BOB and be brief. Duffy Latham Runyan TURNER TO THE HOUSE OF REP- Thank you. Duncan (SC) LaTourette Ryan (WI) RESENTATIVES Duncan (TN) Latta Scalise f Ellmers Lewis (CA) Schilling The SPEAKER. Without objection, Emerson LoBiondo Schmidt ANNOUNCEMENT BY THE SPEAKER the gentleman from New York (Mr. Farenthold Long Schock Fincher Lucas Schweikert RANGEL) is recognized for 1 minute. The SPEAKER. Under clause 5(d) of Fitzpatrick Luetkemeyer Scott (SC) There was no objection. rule XX, the Chair announces to the Flake Lummis Scott, Austin Mr. RANGEL. Thank you, Mr. Speak- House that, in light of the administra- Fleischmann Lungren, Daniel Sensenbrenner er. tion of the oath to the gentlemen from Fleming E. Sessions Flores Mack Shimkus Most of us know that we are so hon- Nevada and New York, the whole num- Forbes Manzullo Shuler ored to be Members of this august body ber of the House is 434. Fortenberry Marchant Shuster

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.024 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6197 Simpson Thornberry Whitfield personal family issue. Had I been present, I Johnson (GA) Moran Schakowsky Smith (NE) Tiberi Wilson (SC) would have voted ‘‘nay.’’ Johnson (IL) Murphy (CT) Schiff Smith (NJ) Tipton Wittman Johnson (OH) Murphy (PA) Schilling Smith (TX) Turner (NY) Johnson, E. B. Myrick Schmidt Wolf f Southerland Turner (OH) Womack Johnson, Sam Napolitano Schock Stearns Upton Woodall Jones Neal Schrader Stivers Walberg Yoder UNITED STATES COMMISSION ON Jordan Neugebauer Schwartz Stutzman Walden Young (FL) INTERNATIONAL RELIGIOUS Kaptur Noem Schweikert Sullivan Walsh (IL) Keating Nugent Scott (SC) Young (IN) Terry West FREEDOM REFORM AND REAU- Kelly Nunes Scott (VA) Thompson (PA) Westmoreland THORIZATION ACT OF 2011 Kildee Nunnelee Scott, Austin Kind Olson Scott, David NAYS—176 The SPEAKER pro tempore (Mr. POE King (IA) Olver Sensenbrenner Altmire Fudge Olver of Texas). The unfinished business is King (NY) Owens Serrano Andrews Garamendi Owens the vote on the motion to suspend the Kinzinger (IL) Pallone Sessions Baca Gonzalez Pallone rules and pass the bill (H.R. 2867) to re- Kissell Pascrell Sewell Kline Pastor (AZ) Sherman Baldwin Green, Al Pascrell authorize the International Religious Barrow Green, Gene Pastor (AZ) Kucinich Paulsen Shimkus Bass (CA) Grijalva Payne Freedom Act of 1998, and for other pur- Lamborn Payne Shuler Becerra Gutierrez Pelosi poses, as amended, on which the yeas Lance Pearce Shuster Berkley Hahn Perlmutter and nays were ordered. Langevin Pelosi Simpson Berman Hanabusa Lankford Perlmutter Sires Peters The Clerk read the title of the bill. Bishop (GA) Hastings (FL) Peterson Larson (CT) Peters Slaughter Bishop (NY) Heinrich Pingree (ME) The SPEAKER pro tempore. The Latham Peterson Smith (NE) LaTourette Petri Smith (NJ) Blumenauer Higgins Polis question is on the motion offered by Latta Pingree (ME) Smith (TX) Boswell Himes Price (NC) the gentleman from New Jersey (Mr. Lee (CA) Pitts Smith (WA) Brady (PA) Hinchey Rahall SMITH) that the House suspend the Levin Platts Speier Braley (IA) Hinojosa Rangel Lewis (CA) Poe (TX) Stark Brown (FL) Hirono Reyes rules and pass the bill, as amended. Butterfield Hochul Lipinski Polis Stearns Richardson This is a 5-minute vote. Capps Holden LoBiondo Pompeo Stivers Richmond Cardoza Holt The vote was taken by electronic de- Loebsack Posey Sullivan Rothman (NJ) Carnahan Honda vice, and there were—yeas 391, nays 21, Lofgren, Zoe Price (NC) Sutton Roybal-Allard Carney Hoyer Long Quayle Terry Ruppersberger not voting 21, as follows: Carson (IN) Inslee Lowey Quigley Thompson (CA) Ryan (OH) Castor (FL) Israel [Roll No. 709] Lucas Rahall Thompson (MS) Sa´ nchez, Linda Chandler Jackson (IL) Luetkemeyer Rangel Thompson (PA) T. YEAS—391 Chu Jackson Lee Luja´ n Reed Thornberry Sanchez, Loretta Ackerman Chaffetz Cicilline (TX) Frank (MA) Lummis Rehberg Tiberi Sarbanes Adams Chandler Clarke (MI) Johnson (GA) Franks (AZ) Lungren, Daniel Reichert Tierney Schakowsky Aderholt Chu Clarke (NY) Johnson, E. B. Frelinghuysen E. Renacci Tipton Akin Cicilline Clay Kaptur Schiff Fudge Lynch Reyes Tonko Alexander Clarke (MI) Cleaver Keating Schrader Gallegly Mack Ribble Towns Altmire Clarke (NY) Clyburn Kildee Schwartz Garamendi Maloney Richardson Tsongas Amodei Clay Cohen Kind Scott (VA) Gardner Manzullo Richmond Turner (NY) Andrews Cleaver Connolly (VA) Kissell Scott, David Garrett Markey Rigell Turner (OH) Austria Clyburn Conyers Kucinich Serrano Gerlach Matheson Rivera Upton Baca Coble Costa Langevin Sewell Gibbs Matsui Roby Van Hollen Bachus Coffman (CO) Costello Larson (CT) Sherman Gibson McCarthy (CA) Roe (TN) Vela´ zquez Baldwin Cohen Courtney Lee (CA) Sires Gingrey (GA) McCarthy (NY) Rogers (AL) Visclosky Barrow Cole Critz Levin Slaughter Gonzalez McCaul Rogers (KY) Walberg Bartlett Connolly (VA) Crowley Lipinski Smith (WA) Goodlatte McCollum Rogers (MI) Walden Barton (TX) Conyers Cuellar Loebsack Speier Gosar McCotter Rohrabacher Walz (MN) Bass (CA) Cooper Cummings Lofgren, Zoe Stark Gowdy McDermott Rokita Wasserman Bass (NH) Costa Davis (CA) Lowey Sutton Granger McGovern Ros-Lehtinen Schultz Becerra Costello Davis (IL) Luja´ n Thompson (CA) Graves (MO) McIntyre Roskam Waters Benishek Courtney DeFazio Lynch Thompson (MS) Green, Al McKeon Ross (AR) Watt Berg Cravaack DeGette Maloney Tierney Green, Gene McKinley Ross (FL) Welch Berkley Crenshaw DeLauro Markey Tonko Griffin (AR) McMorris Rothman (NJ) West Berman Critz Deutch Matsui Towns Griffith (VA) Rodgers Roybal-Allard Whitfield Biggert Crowley Dicks McCarthy (NY) Tsongas Grijalva McNerney Royce Wilson (FL) Bilbray Cuellar Dingell McCollum Van Hollen Grimm Meehan Runyan Wilson (SC) Bilirakis Culberson Doggett McDermott Vela´ zquez Guinta Meeks Ruppersberger Wittman Bishop (GA) Cummings Donnelly (IN) McGovern Visclosky Guthrie Mica Ryan (OH) Wolf Bishop (NY) Davis (CA) Doyle McNerney Walz (MN) Gutierrez Michaud Ryan (WI) Womack Bishop (UT) Davis (IL) Edwards Meeks Wasserman Hahn Miller (MI) Sa´ nchez, Linda Woolsey Black Davis (KY) Ellison Michaud Schultz Hall Miller (NC) T. Yarmuth Blackburn DeFazio Engel Miller (NC) Waters Hanabusa Miller, Gary Sanchez, Loretta Yoder Blumenauer DeGette Eshoo Moore Watt Hanna Miller, George Sarbanes Young (FL) Bonner DeLauro Farr Moran Welch Harper Moore Scalise Young (IN) Bono Mack Denham Fattah Murphy (CT) Wilson (FL) Harris Boren Dent Filner Napolitano Woolsey Hartzler NAYS—21 Boswell DesJarlais Frank (MA) Neal Yarmuth Hastings (FL) Amash Labrador Price (GA) Boustany Deutch Hayworth Broun (GA) Marchant Rooney NOT VOTING—18 Brady (PA) Diaz-Balart Heck Conaway McClintock Southerland Brady (TX) Dingell Heinrich Ackerman Larsen (WA) Pence Farenthold Miller (FL) Stutzman Braley (IA) Doggett Hensarling Bachmann Lewis (GA) Quigley Flake Mulvaney Walsh (IL) Brooks Dold Herger Barletta Marino Rush Graves (GA) Palazzo Westmoreland Brown (FL) Donnelly (IN) Herrera Beutler Capuano McHenry Waxman Kingston Paul Woodall Buchanan Doyle Higgins Cassidy Miller, George Webster Bucshon Dreier Himes Giffords Nadler Young (AK) NOT VOTING—21 Buerkle Duffy Hinchey Bachmann Gohmert McHenry Burgess Duncan (SC) Hinojosa Barletta Hastings (WA) Nadler Burton (IN) Duncan (TN) Hirono b 1106 Capuano Honda Pence Butterfield Edwards Hochul Crawford Landry Rush So the resolution was agreed to. Calvert Ellison Holden Dicks Larsen (WA) Waxman Camp Ellmers Holt The result of the vote was announced Fincher Lewis (GA) Webster Campbell Emerson Hoyer as above recorded. Giffords Marino Young (AK) Canseco Engel Huelskamp A motion to reconsider was laid on Cantor Eshoo Huizenga (MI) the table. Capito Farr Hultgren b 1114 Stated for: Capps Fattah Hunter Mr. HOLT changed his vote from Cardoza Filner Hurt Mr. CASSIDY. Mr. Speaker, on rollcall No. Carnahan Fitzpatrick Inslee ‘‘nay’’ to ‘‘yea.’’ 708 I was unavoidably detained. Had I been Carney Fleischmann Israel So (two-thirds being in the affirma- present, I would have voted ‘‘yea.’’ Carson (IN) Fleming Issa tive) the rules were suspended and the Stated against: Carter Flores Jackson (IL) bill, as amended, was passed. Cassidy Forbes Jackson Lee Mr. LARSEN of Washington. Mr. Speaker, Castor (FL) Fortenberry (TX) The result of the vote was announced on rollcall No. 708 I missed the vote due to a Chabot Foxx Jenkins as above recorded.

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A15SE7.006 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6198 CONGRESSIONAL RECORD — HOUSE September 15, 2011 A motion to reconsider was laid on SEC. 3. RETROACTIVITY. thousands of South Carolina workers the table. The amendment made by section 2 shall on the line. Equally troubling, count- Stated for: apply to any complaint for which a final ad- less workers across the country now judication by the National Labor Relations fear they could be subject to a similar Mr. HASTINGS of Washington. Mr. Speak- Board has not been made by the date of ener, on rollcall No. 709, had I been present, I actment of this Act. attack in the future. would have voted ‘‘yea.’’ Make no mistake. Every worker de- The SPEAKER pro tempore. The gen- Mr. LARSEN of Washington. Mr. Speaker, serves strong protections that ensure tleman from Minnesota (Mr. KLINE) on rollcall No. 709, I missed the vote due to they are free to exercise their rights and the gentleman from New Jersey a personal family issue. Had I been present, under the law. This legislation pre- (Mr. ANDREWS) each will control 30 I would have voted ‘‘yea.’’ serves a number of tough remedies for minutes. the Board to punish illegal activity. f The Chair recognizes the gentleman This Republican bill simply says that from Minnesota. PERSONAL EXPLANATION forcing a business to close its doors and GENERAL LEAVE Mr. GINGREY of Georgia. Mr. Speak- relocate to another part of the country er, on rollcall vote 706 that was taken Mr. KLINE. Mr. Speaker, I ask unan- is an unacceptable remedy for today’s yesterday on the adoption of H.J. Res. imous consent that all Members may workforce. 77, I inadvertently voted ‘‘no’’ when I have 5 legislative days in which to re- If the NLRB is allowed to exercise intended to vote ‘‘yes.’’ vise and extend their remarks and in- this radical authority, it will have a clude extraneous material on H.R. 2587. f chilling effect on our economy. Busi- The SPEAKER pro tempore. Is there nesses, at home and abroad, will recon- REPORT ON RESOLUTION PRO- objection to the request of the gen- sider their decision to invest in our VIDING FOR CONSIDERATION OF tleman from Minnesota? country and create jobs for American H.J. RES. 79, CONTINUING APPRO- There was no objection. workers. We have already heard stories PRIATIONS RESOLUTION, 2012 Mr. KLINE. Mr. Speaker, I rise in of Canadian business leaders doing just support of H.R. 2587, and I yield myself Mr. WOODALL, from the Committee that. No doubt, these difficult choices such time as I may consume. on Rules, submitted a privileged report are being discussed on shop floors and The Protecting Jobs From Govern- (Rept. No. 112–207) on the resolution (H. boardrooms across the country and ment Interference Act is a common- Res. 399) providing for consideration of outside our borders. sense proposal that will prevent the the joint resolution (H.J. Res. 79) mak- Last month, this Board unloaded a National Labor Relations Board from ing continuing appropriations for fiscal barrage of activist decisions that un- dictating where an employer can and year 2012, and for other purposes, which dermine workers’ rights and weaken cannot create work. Upon the date of was referred to the House Calendar and our workforce. If the President will not enactment, this limitation will apply ordered to be printed. hold the Board accountable for its job- to all cases that have not reached final destroying agenda, Congress will. It is f adjudication by the full Board. time we forced the NLRB to change PROTECTING JOBS FROM Now, more than ever, the American course. This is a sensible reform that GOVERNMENT INTERFERENCE ACT people are looking for leadership out of will encourage businesses to create Washington and some common sense. Mr. KLINE. Mr. Speaker, pursuant to jobs right here at home. They want to know their elected offi- I urge my colleagues to support this House Resolution 372, I call up the bill cials are willing to take on the tough (H.R. 2587) to prohibit the National bill, and I reserve the balance of my issues and make the difficult decisions time. Labor Relations Board from ordering needed to get this economy moving any employer to close, relocate, or Mr. ANDREWS. Mr. Speaker, I yield again. They need to believe Congress myself 3 minutes. transfer employment under any cir- has the courage to tear down old bar- cumstance, and ask for its immediate (Mr. ANDREWS asked and was given riers to new jobs, regardless of the po- permission to revise and extend his re- consideration in the House. litical cost. After 31 straight months of The Clerk read the title of the bill. marks.) unemployment above 8 percent, we Mr. ANDREWS. For years, the under- The SPEAKER pro tempore (Mr. cannot afford to cling to the status quo MCCLINTOCK). Pursuant to House Reso- standing in this country has been, if any longer. you show up for work every day and lution 372, the amendment in the na- This legislation represents an impor- ture of a substitute recommended by work your heart out and do your best, tant step in the fight to get our econ- what you get in return is a good wage, the Committee on Education and the omy back on track. It tells job creators Workforce, printed in the bill, is adopt- good benefits, and a future that’s se- they don’t have to fear an activist cure as long as your company’s secure, ed and the bill, as amended, is consid- NLRB reversing important decisions ered read. but it seems like that version of the about where to locate a business. It of- American Dream moves another con- The text of the bill, as amended, is as fers workers peace of mind by ensuring follows: tinent, another ocean, another day no Federal labor board can force an away each day that goes by. H.R. 2587 employer to ship their jobs across the Be it enacted by the Senate and House of country. And it tells the American peo- Representatives of the United States of America ple we are serious about getting gov- b 1120 in Congress assembled, ernment out of the way of small busi- Outsourcing is destroying the middle SECTION 1. SHORT TITLE. ness owners and entrepreneurs who are class in the United States of America, This Act may be cited as the ‘‘Protecting desperately trying to do what they do and this bill is the outsourcers’ bill of Jobs From Government Interference Act’’. best, create jobs and opportunities for rights. It says to an employer, if you SEC. 2. AUTHORITY OF THE NLRB. our Nation’s workers. want to use as an excuse the collective Section 10(c) of the National Labor Rela- On April 20, the National Labor Rela- bargaining and union activities of your tions Act (29 U.S.C. 160) is amended by in- serting before the period at the end the fol- tions Board sent a shock wave across employees and you want to pick up and lowing: ‘‘: Provided further, That the Board our struggling economy. In a com- move to Central or South America or shall have no power to order an employer (or plaint filed against the Boeing Com- Asia, here’s the way to do it. seek an order against an employer) to re- pany, the NLRB demanded that this This bill draws a map of jobs out- store or reinstate any work, product, produc- private company relocate work already side—rather, it draws a map as to how tion line, or equipment, to rescind any relo- underway in South Carolina to Wash- to take jobs from inside the United cation, transfer, subcontracting, outsourc- ington State. The Board has more than States and move them outside the ing, or other change regarding the location, a dozen remedies available to protect United States. If an employer, under entity, or employer who shall be engaged in production or other business operations, or workers and hold employers account- our law for decades, says that I’m to require any employer to make an initial able. Regrettably, the Obama NLRB gonna shut down and move my plant or or additional investment at a particular exercised the most extreme remedy my office because you dared to try to plant, facility, or location’’. and, as a result, put the livelihoods of organize a union or you’ve spoken up

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.028 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6199 for the rights of the workers, that’s il- I grew up in a union household. My Outsourcers’ Bill of Rights’’ in the in- legal. The purpose of this bill is to re- father worked in a factory making shoe terest of their cronies in corporate move the only effective remedy to heels for BFGoodrich and Co., and his America. combat that illegality. job was outsourced to Mexico in the Proponents of this bill claim that it If this bill became law, here’s what early seventies. So I’ve been through will protect jobs by prohibiting the would happen: that as a family. I understand that government from interfering with a An employer who says, I’m tired of very well. company’s ability to move its oper- employees speaking up for their own Very simply what happened, Mr. ation. However, the law that Repub- rights. I’m tired of union organizing. Speaker, is this, is that a company licans are trying to amend to do so, the I’m tired of collective bargaining. I’m wanted to expand a business line, a 787 National Labor Relations Act, does not moving to Malaysia, it would still be Dreamliner, and they built a huge fac- restrict the location of company oper- illegal under this bill for the employer tory in Charleston, South Carolina. A ations at all unless the company’s loca- to say that, but there would be nothing complaint was brought by the general tion effort is an act to retaliate against the labor board could do to stop that; counsel, NLRB, against this. It’s now workers exercising their right to orga- because if the employer formed a shell being adjudicated very expensively in nize, to demand better benefits, safer company in Malaysia and took all of the courts. Think what a message this working conditions, and ensure a full the money and put it in the shell com- sends to job creators in America. If I day’s pay for an honest day’s work. pany, and the labor board said, Well, were a business, there is no way I This is obviously a response to the you’ve got to pay backwages to the would move to a non-right-to-work case against Boeing, and I find it inap- people you just laid off, there would be State because you can never get out if propriate. Change in the law in the no money to pay the backwages. this ruling is upheld. middle of trial is irresponsible and dan- This is the outsourcers’ bill of rights. And I might add also that there are gerous. We don’t need an outsourcers’ bill of over a dozen remedies that the NLRB The United States Chamber of Com- rights. We need a working person’s bill has: awards for backpay, effective bar- merce wrote a letter in support of this of rights in this country. We need a bill gaining, offer of employment, place- bill. But as noted in the letter, they of rights that says, if you hold up your ment of preferential hiring, payment represent the interests of business. end of the bargain, the American for travel and moving, and on and on. Well, I represent the interests of the Dream will no longer move out of your Over a dozen remedies. American people. reach. Mr. Speaker, I strongly encourage us This is a bill that overreaches, it un- The SPEAKER pro tempore. The to support this bill. The fact is, with 14 dercuts the middle class of this coun- time of the gentleman has expired. million Americans out of work, 2 mil- try, and it should be defeated. Mr. ANDREWS. I yield the gen- I reserve the balance of my time. lion more than when I came to this tleman an additional 30 seconds. Mr. KLINE. Mr. Speaker, I am Congress 3 years ago, we need every job Mr. PAYNE. I was voted into this po- pleased to yield 3 minutes to the chair in every corner of the country. The ad- sition not by Wall Street, not by cor- of the Health, Employment, Labor, and ministration’s answer is more spending porate America, not by those people Pensions Subcommittee, the gen- and more regulation. It’s a recipe for who reside in high-rise skyscrapers, tleman from Tennessee, Dr. ROE. failure. but by hardworking Americans who Mr. ROE of Tennessee. I thank the It’s time we recognize a fundamental want to raise their families the way gentleman for yielding. truth that government doesn’t create that we had an opportunity to raise Mr. Speaker, I rise in strong support jobs; businesses do. But instead of try- ours rather than ratchet it down to the of America’s job creators and H.R. 2587, ing to get the government out of the bottom. the Protecting Jobs from Government way of our job creators, this adminis- I believe that this bill is foolish, haz- Interference Act. tration seeks to throw up more road- ardous to the well-being of our Na- What this bill does is simple. It blocks. tion’s workers, and our economic de- amends the NLRA, the National Labor I urge my colleagues to support this velopment. Relations Act, which was passed in legislation. It is time for the Republicans to 1935, and prohibits the National Labor Mr. ANDREWS. Mr. Speaker, I yield abandon this pledge to corporate Amer- Relations Board from ordering employ- myself 15 seconds. ica. I urge my colleagues to vote ees to relocate, shut down, or transfer The record should reflect the fact against this outsourcing bill. employment under any circumstance. that there is an allegation that Boeing, Mr. KLINE. Mr. Speaker, I am In other words, it allows managers to in the case that the gentleman men- pleased to yield 1 minute to a wonder- make business decisions that are in the tioned, because of reasons of union dis- ful representative of the people of Ten- best interests of their company and crimination moved those jobs. There is nessee and the American people, a their employees. nothing in this case that says, if a member of the committee, the gen- In filing the complaint against Boe- company uses a legitimate business tleman from Tennessee, Dr. ing, the NLRB’s general counsel has reason other than discriminating DESJARLAIS. put 1,100 good-paying South Carolina against worker rights, they can’t do so. b 1130 jobs at risk. Mr. Speaker, I was in At this time I am pleased to yield 11⁄2 South Carolina about 5 weeks ago and minutes to a lifelong advocate for the Mr. DESJARLAIS. I thank the chair- viewed that plant. It’s a huge plant working people of the United States of man for yielding. with 1,100 people working today— America, my friend from New Jersey I rise today in support of H.R. 2587, American people working. This shot (Mr. PAYNE). the Protecting Jobs from Government across the bow of American business Mr. PAYNE. Mr. Speaker, in Sep- Interference Act. sends a clear message: Don’t do busi- tember 2010, my Republican colleagues As I have traveled Tennessee’s ness in a right-to-work State. issued A Pledge to America, stating Fourth Congressional District and spo- My colleagues on the other side of that it is time to do away with old ken with 30-plus job creators, our con- the aisle suggest that Boeing decided agendas. That much is clear. versations inevitably focus on one to build a plant in South Carolina as However, what is also clear is that basic complaint: that the Federal Gov- an act of retaliation against a union- this pledge is not to the majority of ernment’s overregulation of the private ized workforce, but not a single worker the American people but to corporate sector is impeding job creation in this in Washington State has lost his or her America. To make matters worse, Re- country. job. They’ve added jobs. And I’m glad publicans are taking up legislation Instead of reducing the regulatory that they have. I’m left to wonder that that will encourage the shipping of jobs burdens on business, an act which if the fact that South Carolina, like overseas and weaken the rights of mid- would most certainly create much Tennessee, is a right-to-work State has dle class workers. needed private sector jobs, this admin- the NLRB to conclude that a job cre- Furthermore, my Republican col- istration has used its labor board to ated in Washington is more valuable leagues have fast-tracked what is more make it harder to do business in Amer- than a job created in South Carolina. appropriately called the ‘‘Job ica. Nowhere is this more apparent

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.031 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6200 CONGRESSIONAL RECORD — HOUSE September 15, 2011 than in its recent unfair labor practice National Labor Relations Board from workers who want to organize and join complaint against Boeing. dictating where private businesses can a union is illegal. This bill changes If you want to talk about creating and cannot locate jobs in America. Mr. that. It says companies can go ahead. jobs, let’s look at the facts: Boeing has Speaker, let me say that again: this You can move your jobs to other invested approximately $1 billion to straightforward legislation before us States or even to other countries to build a plant in South Carolina, which today prohibits the NLRB from dic- punish your workers who want to orga- will create new, well-paying jobs in tating where private businesses can nize and have a voice. This would have South Carolina. and cannot locate jobs in the United a chilling effect on any attempt by The SPEAKER pro tempore. The States. workers to ask for a seat at the bar- time of the gentleman has expired. It’s almost a bizarre situation that gaining table. Workers have already Mr. KLINE. I yield the gentleman an we’re in. An American company wants taken big hits in their paychecks and additional 30 seconds. to provide American jobs in America, in their retirements over the years. Mr. DESJARLAIS. Despite the fact and we have an agency of this adminis- We should not make it easier for that not one—not one—single employee tration that is trying to prohibit that. businesses to game the system. I urge in Washington has lost his or her job Because of recent overreach by the my colleagues to fight against this bill due to Boeing’s decision, the adminis- NLRB, we, unfortunately, need to have and to stand with the working men and tration is attempting to destroy those this legislation. Businesses that want women of this country. South Carolinian jobs. to hire Americans in America ought to Aloha. I urge my colleagues to vote for this be able to do so. For Americans won- Mr. KLINE. Mr. Speaker, I yield 2 bill. dering why jobs are going overseas, it’s minutes to the gentleman from Vir- Mr. ANDREWS. Mr. Speaker, I am that there are too many regulations— ginia (Mr. GOODLATTE). pleased to yield 11⁄2 minutes to a very and too many bizarre regulations—that Mr. GOODLATTE. I thank Chairman persuasive voice against outsourcing, are forcing companies out of this coun- KLINE for yielding me this time and for my friend from New Jersey (Mr. HOLT). try just so they can stay in business. his leadership in moving this legisla- Mr. HOLT. Mr. Speaker, I rise in op- We must continue to empower busi- tion to the floor. I thank Congressman position to the outsourcers’ bill of nesses to create jobs, increase invest- SCOTT of South Carolina for his leader- rights. ment, and keep production capabilities ship in introducing this legislation, This bill would be devastating to right here at home. Not only does that and I thank all those who join with me workers across this country and kick produce a strong economy; it keeps a in supporting what I think is an impor- off a new race to the bottom. The strong middle class. This bill does just tant job-creating bill for this country. outsourcers’ bill of rights is a naked that by letting us stand strong in our It’s important not just in right-to- attempt to directly interfere in a pend- commitment to America’s job creators. work States, like South Carolina or ing Labor Relations Board case. Now, It’s just disappointing that we have to Virginia; but it’s important in States there is much to be said about workers’ bring this bill forward over an adminis- that don’t have protection of workers rights and the importance of pro- tration and a bureaucracy that doesn’t under right-to-work laws, like Wash- tecting them; but in the short time I understand the success of this coun- ington State, because businesses both have, let me just say a little bit about try’s last 200 years. in this country and overseas that are what this means for the American Mr. ANDREWS. Mr. Speaker, I yield looking to invest are not going to look economy. myself 20 seconds. in places where they can be subse- It makes it easier to ship jobs over- The previous speaker’s claim that quently restrained from being able to seas. It eliminates the only remedy to the National Labor Relations Board is expand their business—and that’s what force companies to bring work back dictating where jobs go in America is is happening here. They’re expanding from overseas. Companies that make a utterly incorrect. If any company said, their business to another State if they commitment to the welfare of their We want to move from State A to locate in a place where that can happen employees—well-run companies—and State B because we think the State tax to them. make commitments to their home structure in State B is more favorable They are also not going to locate in communities rather than shopping for to us, they have an absolute right to do right-to-work States. No. When they the latest lowest pay scale someplace so. The issue is whether they can move need to expand, they’re not going to in the world actually do better in the because they want to discourage and have any statement about what their long run. undercut the right of collective bar- intentions are or why they’re doing it, So the outsourcers’ bill of rights is gaining. If they want to destroy collec- as is the case with most companies. not only contrary to the interest of tive bargaining, they can. They’re simply going to locate in workers; it’s bad for our economy at At this time, Mr. Speaker, I am China or Taiwan or Thailand or India large. We need to improve worker pro- pleased to yield 11⁄2 minutes to a very or in 100 other countries around the tections, not weaken them. Yet the persuasive voice for the working fami- world that are very friendly and wel- majority party and the proponents of lies of America, the gentlelady from coming to employers who want to grow this bill continue their assault on the Hawaii (Ms. HIRONO). and expand businesses. Unless the rights of working men and women. It Ms. HIRONO. I rise in strong opposi- United States changes this law and re- doesn’t create a single job. tion to H.R. 2587. strains the National Labor Relations With 25 million Americans unem- In Hawaii, we believe in fairness and Board from making these kinds of deci- ployed or underemployed, the majority respect. We believe that working men sions, we’re going to suffer greatly in today continues their ‘‘no jobs’’ agen- and women should be able to come to job loss. da, bringing to the floor a special inter- the table, have a voice in their work- So this is a great job-creating bill. I est that is dealing with one particular places, be able to negotiate for fair encourage my colleagues to support case rather than creating jobs. It is not wages and benefits. This belief helped the Protecting Jobs from Government good legislative policy to legislate on build the middle class in Hawaii and Interference Act that amends the individual cases. I urge my colleagues across our country. NLRA to prohibit the NLRB in future to oppose the outsourcers’ bill of Right now, what working men and and pending cases from ordering an em- rights. women need most are champions in ployer to close, relocate, or transfer Mr. KLINE. Mr. Speaker, I am their corner, champions who are fight- employment under any circumstances. pleased to yield 2 minutes to a member ing for real jobs. Instead, this bill This is an important measure. This of the committee, the gentleman from takes aim at our working families. It’s will not just save 1,000 jobs in South Indiana (Mr. ROKITA). another direct assault on them and on Carolina. This will save hundreds of Mr. ROKITA. I thank the gentleman workers’ rights. thousands of jobs across this country. for yielding some time. Let’s face it. Companies today can It will ensure that employers have I rise to give my strong support to move their business operations for any greater freedom to make one of the this measure. This straightforward leg- business reason at all except for an il- most basic management decisions: islation before us today prohibits the legal one. Today, retaliating against where to locate a business.

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.033 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6201 b 1140 Ninety-three percent of American great country what we are. America Mr. ANDREWS. Mr. Speaker, I yield workers are not in a union; 7 percent can go forward, but not without good myself 15 seconds. are, in the private sector. The National pay for our workers. The gentleman from Virginia just Labor Relations Board complaint is an Mr. KLINE. Mr. Speaker, I am said that this bill restrains companies attack on American job creators. pleased to yield 3 minutes to another from growing jobs. Here’s what it re- Again, I was elected to protect all member of the committee, the gen- strains. It restrains from saying to a workers, not just a select few. tleman from South Carolina (Mr. worker who dares to stand up and bar- The NLRB’s decision to punish Boe- GOWDY). gain for themselves and fight for them- ing for creating 1,100 new jobs is just Mr. GOWDY. I want to thank the selves, ‘‘You’re fired.’’ That’s what it another example of the administration chairman for his leadership on this restrains; and it should restrain that, abusing its position to advance a bi- issue and so many others on the Edu- because that’s our law. ased agenda. I want to remind everyone cation and Workforce Committee. Mr. Speaker, at this time I am no jobs were taken from Washington Mr. Speaker, the NLRA is supposed to balance the rights of employees, em- pleased to yield 11⁄2 minutes to one of State. the most passionate voices for working This is a straightforward bill that ployers, and the general public, but Americans in the modern history of prohibits the NLRB from ordering an you would never know that from the this country, my friend from Ohio (Mr. employer to close, relocate, or transfer recent actions of the NLRB. This KUCINICH). employment under any circumstances. unelected group of executive branch re- Mr. KUCINICH. The National Labor This bill will create an environment cess appointees has abandoned all pre- Relations Act was a New Deal initia- necessary for employers to develop tense of objectivity and has become, tive which helped save American cap- their businesses in the State that of- frankly, nothing more than a taxpayer- italism by creating a process which fers the best opportunity—and, I would funded law firm for Big Labor. would protect the rights of employees argue, in the best country that offers Boeing is the most glaring example and employers. This was before the best opportunity—to grow and cre- of their overreach, but it is not the only one. At a time when union mem- NAFTA, GATT, and the WTO, which ate jobs and not have this left up to a bership is at a historic low, the NLRB tore legal rights for workers apart, board of unelected bureaucrats in seeks to give Big Labor a historically moved millions of jobs out of the U.S. Washington, D.C. Yes, we stand for the workers at Boe- I urge my colleagues to support this high level of influence with this administration, whether it’s quickie elec- ing in Washington State, but we also bill, and let’s get America back to tions or mandating advocacy posters in stand for the workers at Boeing in work. South Carolina, because they will have Mr. ANDREWS. Mr. Speaker, I am the workplace or this, the economic death penalty. The NLRB is out of con- no recourse if Boeing wants to move pleased to yield 11⁄2 minutes to a daugh- trol and it needs to be reined in so it jobs to China. ter and sister in a union family who does not do even more damage to this You can’t say you want to create jobs doesn’t forget where she came from, fragile economy. here at home while destroying the the gentlelady from New York (Mrs. rights of workers to organize, the right With respect to the bill at hand in MCCARTHY). which my friend and colleague Mr. to collective bargaining. These are Mrs. MCCARTHY of New York. I basic rights in a democratic society. SCOTT seeks to remove a single remedy thank my colleague. from the arsenal of the NLRB, leaving You can’t say you want to protect Mr. Speaker, I rise today in opposi- a dozen other remedies, this bill simply American jobs and not protect Amer- tion of H.R. 2587, a bill I call the ‘‘Out- ican workers. Take away workers’ says that you cannot force Boeing to sourcing Bill of Rights.’’ close a billion-dollar facility, which is rights to free speech, take away work- Especially during these difficult eco- ers’ right to due process and you create already being constructed in Charles- nomic times, we have come together to ton, and fire the thousand workers who a new class of slave laborers here in the do the patriotic thing—protect and cre- United States who are helpless to stop have been hired and send the work ate jobs here at home. back to Washington State, which is the movement of jobs out of America. This legislation eliminates the This bill not only sacrifices the tantamount to the economic death NLRB’s already limited authority to rights of Boeing workers in Wash- penalty. Not a single worker has lost a order an employer to restore work ington State, it also sacrifices laws job or a benefit in Washington State, taken away in a wrongful way. By pass- that are designed to protect workers’ Mr. Speaker, when Boeing started this ing this bill, we are telling our Na- rights. It’s an attack on all American separate, distinct supply line. tion’s workers we cannot and we will workers. The NLRB thinks a company should It’s one thing to take the side of the not help them. Plain and simple, if this stay in a union State no matter how boss or the owners; it’s another thing bill passes, it will lead to increased many work stoppages there are, no to take the side of the boss or the own- outsourcing of jobs. Further, the bill matter how many customers have ers when they want to move jobs out of will make certain that employers will threatened to go do business some- America. not be held accountable. where else because they can’t get their Stand up for the American workers, My colleague on the other side just planes on time, no matter how many stand up for workers’ rights, stand up mentioned that 93 percent of American fines have been paid because of late de- for American jobs, and stand up for em- workers are not unionized, and I also livery of airplanes because of work ployers who want to keep jobs in the would like to bring up the point that stoppages, no matter what. No matter United States. we have seen wages across this country how much money is lost, Mr. Speaker, Mr. KLINE. Mr. Speaker, I yield 2 going down and yet we have seen the the NLRB thinks that Boeing should minutes to another member of the profits in corporations going up. That’s have to stay in a union State because committee, the gentleman from Indi- why we are in the situation we are in it planted a flag originally in a union ana (Mr. BUCSHON). right now. State. Mr. BUCSHON. Thank you, Mr. I come from a union family, and I am This Congress has limited civil rem- KLINE. proud of that. It was able to give us the edies when they have been abused. This Mr. Speaker, I rise today to talk education that we needed, for my fa- Congress has limited criminal remedies about jobs. The first thing I want to do ther and mother to be able to buy us a whether they have been abused. And is correct this ridiculous notion that home. That, we’re not seeing today. this Congress must limit administra- this bill causes jobs to go overseas. I Why? Because we’re hitting the work- tive remedies when they are being would argue it does just the opposite. ers. Why did we have unions in the first abused, as they are now. Even the Chi- Just like Dr. ROE, I grew up in a place? To give them a voice. cago Tribune, Mr. Speaker, hardly a union household. My father was a I urge my colleagues to oppose this bastion of conservative thought, ac- United Mine Worker, and that’s why I bill. In my opinion, the corporations knowledges that the NLRB is out of am here today. I was elected to Con- should be a little bit more patriotic control. gress to protect all workers, not just a and start hiring people so we can get I will ask my colleagues on the other select few. this economy going and make this side the same question I asked Lafe

VerDate Mar 15 2010 02:52 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.037 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6202 CONGRESSIONAL RECORD — HOUSE September 15, 2011 Solomon, the general counsel for the Then at this time I will yield 2 min- timidation of employees, consumers and NLRB. Can you name me a single soli- utes to another member of the com- small businesses; and limit the ability of tary worker who has lost a job because mittee, the gentlelady from Alabama U.S. businesses to quickly and flexibly adjust to the demands of a changing economy of Boeing’s decision to start a separate (Mrs. ROBY). Mrs. ROBY. Mr. Speaker, I rise today and global competition. line of work in North Charleston? Can The NLRB has also taken unprecedented you name me a single solitary worker in support of H.R. 2587, the Protecting steps to mandate where and how one com- who has lost a benefit or suffered any Jobs From Government Interference pany—Boeing—can operate and expand its recrimination, any reparation because Act, of which I am a cosponsor. Rep- business. The federal government has no of Boeing’s decision? resenting a district in the State of Ala- right to dictate where a company can or can- Mr. Speaker, if this administration bama, a right-to-work State, the cur- not create jobs. The Protecting Jobs from were serious about job creation, they rent activist agenda of the National Government Interference Act would encour- would have reined in this agency a long Labor Relations Board greatly con- age investment in our economy by guaran- teeing that businesses and entrepreneurs re- time ago. They did not, and we must. cerns me. Congress has a responsibility to en- tain the ability to decide where to conduct b 1150 business and where to locate jobs. sure that the NLRB objectively applies At this time of economic challenges, it is Mr. ANDREWS. Mr. Speaker, I yield the law written by the people’s elected unfortunate the NLRB continues to move myself 20 seconds. representatives. Congress must also forward with policies that threaten to para- My friend who just spoke indicated work to ensure that labor interests are lyze the construction industry and impede that this decision, or attempt by the not undermining the employer’s efforts job growth. With an unemployment rate ex- NLRB, would destroy jobs in South to create jobs. At a time when millions ceeding 15 percent, ABC members and con- Carolina. That’s not accurate. On page of individuals are unemployed and struction workers cannot afford this burden. 8 of the NLRB’s complaint, it says the searching for work, public officials in ABC urges House Members to support H.R. 2587 and will consider this vote a ‘‘KEY relief requested by the NLRB does not Washington should look to provide VOTE’’ for our 112th Congressional Score- seek to prohibit respondent, Boeing, greater certainty to America’s employ- card. from making nondiscriminatory deci- ers so they can grow businesses and Sincerely, sions where work will be performed, in- create new jobs, not hinder them. JAY REED, cluding work at its North Charleston, Unfortunately, the recent rulings and President. South Carolina, facility. proceedings of the NLRB have dem- Mr. ANDREWS. Mr. Speaker, I am At this point I am pleased to yield 11⁄2 onstrated otherwise. I enter this letter pleased to yield 3 minutes to the most minutes to the gentlewoman from Cali- of support of H.R. 2587 from the Associ- effective leading voice for working peo- fornia (Ms. WOOLSEY), a strong, pro- ated Builders and Contractors of Ala- ple in America today, the senior rank- gressive voice for working people in bama in the CONGRESSIONAL RECORD. ing Democrat on the Education and the United States. ABC represents over 800 commercial Workforce Committee, my friend from Ms. WOOLSEY. I thank the ranking construction companies in my State, California (Mr. MILLER). member for yielding to me. all of whom are concerned that the Mr. GEORGE MILLER of California. When the President spoke in this NLRB has abandoned its role as a neu- I thank the gentleman for yielding and Chamber last week, he urged us to tral enforcer and arbiter of labor law in for that nice introduction. focus on jobs. Believe me, this order to promote the special interests Mr. Speaker, I rise in very strong op- outsourcer’s bill wasn’t what he had in of unions. The Federal Government, es- position to this legislation, H.R. 2587. mind. He demanded that we move ur- pecially the NLRB, has no right to dic- This special interest bill is a job kill- gently to create new jobs, certainly not tate where a company can or cannot er. It is simply a job killer. It was jeopardize the ones we already have. create jobs. The Protecting Jobs From spurred by a particular case involving This outsourcer’s bill of rights is noth- Government Interference Act will pro- a Fortune 500 corporation, The Boeing ing more than a gift to the majority’s vide employers with the certainty they Company. But this bill is not just corporate cronies. It gives unscrupu- need to invest in our economy and put about Boeing. This bill is really about lous employers the green light to re- Americans back to work right here at working Americans all across this taliate against workers, to punish home in the United States. country, and they should pay very them for engaging in union activities, ASSOCIATED BUILDERS careful attention to this bill and to or for fighting for their rights as work- AND CONTRACTORS, INC., this debate because it affects their ers. And they do that by saying that it Birmingham, AL, July 29, 2011. livelihoods, their ability to support is perfectly okay to pick up and leave DEAR CONGRESSMAN ROBY: On behalf of As- their families, the safety of their jobs town, and they do that after the presi- sociated Builders and Contractors of Ala- at work, the conditions under which bama (ABC), that represents 800 commercial dent of Boeing actually admitted the construction companies in our state, I am they work, and their ability to partici- reason they were moving to South writing to express our strong support for pate through their increased produc- Carolina was because there was too H.R. 2587, the Protecting Jobs from Govern- tivity in higher wages and better con- much union activity in Seattle. That is ment Interference Act. ABC urges House ditions. retaliation, my folks. Members to support H.R. 2587 and will con- This bill takes those rights away Someone tell me how exactly is this sider this vote a ‘‘KEY VOTE’’ for our 112th from workers, from all workers, all supposed to revive our economy? It’s Congressional Scorecard. across the country. This isn’t just Alabama being a right to work state, this part of the Republican vendetta bill further strengthens what your constitu- about whether you belong to a union or against workers and their collective ents feel is in the best interest of Alabama. not. This is about whether or not your bargaining rights. It’s part of their or- For more than a year, the National Labor employer can retaliate against you by chestrated assault on the labor move- Relations Board (NLRB) has moved forward taking your work away, by sending ment that built the American middle with an agenda that is stifling job creation your work down the road or out of the class. This is not the time to be under- and economic growth. The NLRB’s decisions, country. It makes it easier to mining or threatening the job security proposed rules, invitations for briefs and en- outsource because you simply, in re- forcement policies demonstrate that the of any American. It is time to defeat agency has abandoned its role as a neutral sponse to a request by workers that this bill and move immediately to pass enforcer and arbiter of labor law in order to they might share in the profits of the a big, bold jobs bill, one that will put promote the special interests of politically company, they might have higher America back to work. powerful unions. wages, their work can disappear in an Mr. KLINE. Mr. Speaker, may I in- Recent rulemakings and decisions by the arbitrary fashion. And they have to un- quire of the time remaining? NLRB will have negative implications for derstand that that’s what happens The SPEAKER pro tempore. The gen- workers, consumers, businesses and the under this legislation. tleman from Minnesota has 14 minutes economy. These actions inevitably will re- For the first time in 70 years, Amer- duce employee access to secret ballots; limit remaining. The gentleman from New an employer’s ability to effectively commu- ican workers in the workplace will not Jersey has 17 minutes remaining. nicate the impact of unionization to its be protected. They will not be pro- Mr. KLINE. Thank you very much, workers (‘‘ambush’’ elections); trample pri- tected for the right to have a grievance Mr. Speaker. vate property rights; invite greater union in- against the employer for their wages or

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.038 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6203 for the benefits that they are paid be- Interference Act. After the unprece- NBA or the NHL. We understand that. cause the employer, for the first time dented actions by the National Labor They see their enterprises making in 70 years, will have the ability to say: Relations Board early this year, I was great money because they’re great Well, if you need more wages and you proud to join the gentleman from players. But the owners want to pay want more wages, you know what I’m South Carolina and support this legis- them what they need to pay them. going to do, I’m going to take your lation. Why? Because they want to maximize jobs and I’m going to outsource them. Right now, our economy is suffering, profits. I’m for that. That’s the free en- I’m going to send them to China. I’m and that suffering is felt even more in terprise system. going to send them to India. I’m going the South where States like Georgia So we set up a system where we can to send them to another part of the and South Carolina have unemploy- bargain and we can come to a fair reso- country because I’m not going to pay ment rates higher than the national lution. But this bill says that the con- higher wages. Today, that’s illegal. average. We need to encourage compa- comitant of that right, which is that Under this law, it will not be. They can nies to invest in those States most the employer cannot retaliate for the take your job and your work away hard-hit. The Boeing plant in South exercising of a legal right, will be jetti- from you. We’ve got to understand Carolina directly created thousands of soned. That’s what this bill says pretty what that means. jobs in South Carolina, and indirectly simply. Yes, you have the right to bar- We just saw that wages have taken through suppliers and construction cre- gain collectively; but if we don’t like one of the largest hits in a decade in ated hundreds more. what you’re doing, we’re taking a hike. this country. We have seen, as workers b 1200 We’re going to retaliate. fail to organize in the workplace, Instead, the President has once again I do not decide today whether or not wages have continued to go down. And overstepped his executive authority that will be the finder of fact and law’s at the same time, we have seen the and allowed the union attack dog to conclusion in this case. I don’t know CEOs and the management of compa- threaten to shut down the plant in that Boeing did that. nies take out tens of millions of dollars South Carolina, jeopardizing thousands The SPEAKER pro tempore. The a year for each and every one of them, of jobs. time of the gentleman has expired. but not share it with the workers. They I strongly encourage my colleagues Mr. ANDREWS. I yield the gen- have decided that they’ll take the in- to support H.R. 2587 and stop the Na- tleman an additional 30 seconds. creased productivity of the most pro- tional Labor Relations Board from Mr. HOYER. I do not know whether ductive workers in the world, the killing jobs. that will be the ultimate conclusion, American worker, and they’ll take that Mr. ANDREWS. Mr. Speaker, I yield whether Boeing in fact violated the law increased productivity and they’ll take myself 15 seconds. by retaliating. And I’ve told my friends it for themselves. They won’t continue We don’t have a czar controlling ex- at Boeing that I don’t know that that’s the bargain that we have in this coun- ecutive pay in this country. We have going to be the conclusion. But I do try that if you work hard, you’ll be executives acting like czars outsourc- know this: I am for working men and able to improve your lot in life. And so ing jobs around the world and ruining women having the right that they’ve we’ve seen wages have stagnated in the middle class. That’s the problem in had for some 70 years. And I believe this country. And now this. If you try the United States. that working men and women in Amer- to get better wages, if you seek to im- It is my privilege at this time to ica, organized or unorganized, are bet- prove your lot in life, if you seek to im- yield 3 minutes to the Democratic ter off because we adopted a law to pro- prove the ability of your kids to go to whip, who strongly understands the tect that right. Do not jettison. school, to provide for your family, your value of collective bargaining, the gen- And I close with this. I quote from a work can be taken away. This is a first tleman from Maryland (Mr. HOYER). letter sent by hundreds of professors in America. Mr. HOYER. I thank the gentleman with expertise in this area: ‘‘We are The SPEAKER pro tempore. The for yielding. dismayed that a single complaint time of the gentleman has expired. First of all, the issue here has been should be the basis for so fundamental Mr. ANDREWS. I yield the gen- raised by a case that is not yet con- a reversal of longstanding law.’’ tleman an additional 30 seconds. cluded. Let me state that again: the Do not take this step. Reject this Mr. GEORGE MILLER of California. issue raised in this legislation is ref- bill. Vote ‘‘no.’’ This is a first in America. We must re- erence to a case that is not yet con- Mr. KLINE. Mr. Speaker, I yield 2 pudiate this on behalf of families that cluded and seeks to interpose our judg- minutes to another member of the are struggling all across the country, ment for the finder of fact and law’s committee, the gentleman from Ne- those who are fortunate enough to con- judgment. Normally, we believe that’s vada, Dr. HECK. tinue to have a job, but they can’t have a bad practice in a Nation of laws, not Mr. HECK. Thank you, Mr. Chair- a job living under this threat that they of men. man. won’t be able to better themselves if Secondly, this bill shows clearly a Mr. Speaker, in the past, unions have their employer decides to be selfish, de- basic difference between many of us on been about protecting workers. As a cides to retaliate against them for this side and many on that side of the physician, I know that one of the seeking to organize to do something on aisle, and that is whether or not you major reasons for the increase in life their behalf. It’s a fundamental part of believe that working men and women expectancy between the first and sec- the contract in America for workers. It have the right to come together to or- ond half of the last century was due in doesn’t exist in a lot of other parts of ganize and to bargain collectively for large part to increases in worker safe- the world, but it does here. It has led to their pay, their benefits, and their ty, which were brought about by ac- the middle class in this country, and working conditions. In fact, it is my tions of unions. it’s the middle class that is threatened belief that the overwhelming majority I grew up in a union household. In by this legislation. of working Americans, whether or not fact, when my father was injured on Mr. KLINE. Mr. Speaker, I yield 1 they have joined such an organization, the job, it was his union that helped minute to the gentleman from Georgia find their workplace safer, healthier, represent him in court and put food on (Mr. WESTMORELAND). their pay better, and more availability the table for my family. Too often, to- Mr. WESTMORELAND. I thank the of benefits than they would have if men day’s unions are more about politics gentleman for yielding. and women had not been guaranteed and protecting their clout than pro- Mr. Speaker, I would just like to say the right to bargain collectively, for tecting workers. on the previous speaker that we have a which they fought and some died in the This change in focus is exemplified czar to control these executive pays, 1930s and 1940s and later, because peo- by a Boeing union newsletter that stat- and so if that czar is not doing his job, ple did not want them to do that. They ed that ‘‘2,100 bargaining unit positions that’s another problem we need to ad- wanted to say: I don’t care how much may be lost,’’ if Boeing located a new dress. money we make, this is your portion. manufacturing plant in South Caro- I rise today in support of H.R. 2587, Now, we see superathletes not stand lina. Not jobs, not employees, not the Protecting Jobs From Government for that if they’re in the NFL or in the brothers and sisters, but bargaining

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.040 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6204 CONGRESSIONAL RECORD — HOUSE September 15, 2011 unit positions. These employees were his intellect but his passion and tire- thrill it was for me to receive an award reduced to nothing more than a num- less advocacy on the subject of Amer- named for her, especially given by Con- ber. ica’s workers. As Congressman MILLER gresswoman LYNN WOOLSEY, a cham- Employers must have the ability to has said, our Republican colleagues pion on the Education and Workforce locate where they can find the best em- have proposed the so-called Committee. ployees, period. I worry that if the outsourcers’ bill of rights or as I prefer Much of what she did, the credit was NLRB takes away that ability and pre- to call it, the Outsourcers’ Bill of given to the President of the United vents them from creating jobs in a Wrongs—because this legislation has States, as is appropriate. More than 75 right-to-work State like South Caro- the wrong priorities for America’s years ago, upon the signing of the Na- lina, what does that mean for other economy and for American workers. tional Labor Relations Act, President right-to-work States like my State of Franklin Roosevelt said this: b 1210 Nevada, the State hardest hit by the ‘‘By preventing practices which tend recession and with the highest unem- The bill is about more than one com- to destroy the independence of labor, ployment rates in the Nation. Would pany or a single case; it is about the this law seeks, for every worker within the NLRB take similar action against economic security of America’s work- its scope, that freedom of choice and a company trying to create jobs in Ne- force and families. action which is justly his.’’ I guess he vada? That’s a risk Nevadans cannot Rather than create jobs, this meas- could have said his or hers. afford to take. ure encourages the outsourcing of jobs That ‘‘independence,’’ that ‘‘freedom H.R. 2587 maintains an employer’s and undermines the rights of middle of choice and action’’ has rested at the ability to locate where they can find class workers. This bill cuts the Na- core of a growing, thriving American the best employees; and that is why I tional Labor Relations Board, makes it workforce. It has not limited the abil- support this legislation, and I strongly easier for corporations to ship jobs ity of companies to move, change, or urge my colleagues to do the same. overseas, and allows employers to pun- extend their operations. It has simply Mr. ANDREWS. Mr. Speaker, I am ish their employees for simply exer- ensured that companies treat their pleased to yield 1 minute to the leader cising their rights to organize, to de- workers in ways consistent with the who’s leading the fight against out- mand better benefits and safer working laws of our land. sourcing and for collective bargaining, conditions, and to ensure a full day’s The independence and freedom of our the minority leader of the House pay for a full day’s work. workers have helped build and expand Democrats, the gentlelady from Cali- For months in Wisconsin, Ohio, and our middle class, which is the backbone fornia (Ms. PELOSI). States nationwide, Americans have of our democracy, and drive unprece- Ms. PELOSI. I thank the gentleman seen Republican Governors and legisla- dented prosperity for our families and for yielding and commend him for his tures attack teachers and public serv- for our Nation, and it must be pre- tremendous leadership on behalf of ants. And we’ve seen these workers, served in our time. I call upon my col- America’s workers. Thank you, Mr. union and nonunion alike, inspire the leagues to do just that, to preserve this ANDREWS, for your leadership. Nation to fight back. Now Republicans right in our time. Mr. Speaker, across the country, have brought their assault on working I call upon my colleagues to oppose Americans of every political party and Americans to our Nation’s Capitol, to this legislation, to uphold the value of every background—Democrats, Repub- the floor of the House, claiming their fairness for our workforce, and to get licans, independents, and others—agree actions will help the economy. But it to work putting the American people that our Nation’s top priority must be will do just the opposite. It will weak- back to work by bringing President the creation of jobs and economic en our workers, our middle class, and Obama’s bill, the American Jobs Act, growth and security. Yet for more than our families—indeed, the cornerstones to committee and to the floor to again 250 days, the Republican majority in of our economic prosperity, of our mid- give people hope and confidence and the House has refused to listen to dle class, and of our democracy. the dignity of a job. them. They, the Republicans, have The ‘‘Outsourcers’ Bill of Wrongs’’— The SPEAKER pro tempore. The gen- failed to enact a single jobs bill. And or Rights—is not about jobs; it’s about tleman from New Jersey (Mr. AN- the American people do not have the dismantling protections established DREWS) has 83⁄4 minutes remaining. The luxury of waiting any longer for Con- specifically to strengthen the rights of gentleman from Minnesota (Mr. KLINE) gress to act to create jobs. workers. We need these protections has 9 minutes remaining. The President has proposed the now more than ever. Mr. KLINE. Mr. Speaker, I yield 21⁄2 American Jobs Act. He’s called upon us Listen to this: Last year, American minutes to a member of the com- to pass the bill now. We support that, companies created 1.4 million jobs mittee, the gentleman from Florida as do the Democratic Members of the overseas—overseas—while raking in (Mr. ROSS). House. But today, instead of passing a enormous profits. We must create these Mr. ROSS of Florida. Mr. Speaker, I jobs bill, we are wasting the time of jobs here at home. rise in support of this legislation on be- the Congress by attacking workers in- Democrats will stand strong for our half of the American public that has stead of strengthening them. We are working men and women. We will stay had enough; on behalf of those tens of debating a bill to undermine the foun- focused on jobs and economic growth. millions of people who pay their taxes, dation of our middle class instead of On a personal note, Mr. Speaker, the live within their means, and give their fighting to put people to work rebuild- other night I had one of the thrills of hand to a neighbor in need, for they ing our roads, bridges, railways, my political lifetime. I received—such have had enough; on behalf of those broadband lines, schools, airports, and an honor for me—the Frances Perkins like Boeing, whose innovation, entre- water systems. We are voting on a Award from my colleague, LYNN WOOL- preneurship, and technology ensures measure to send jobs overseas instead SEY, a champion for working families that more moms and dads will not have of focusing on how to keep jobs here at in our country. to witness a flag-draped coffin bringing home through our Make it in America For those of you who may not know their son or daughter home from a land initiative advanced by our Democratic Frances Perkins from history, she was far away, for they, too, have had whip, Mr. HOYER. Make it in America— the first woman to serve in the Cabinet enough. I rise on behalf of those like how to strengthen our economy and of a President of the United States. my dad, who fought and bled against our national security by stopping the She was the Secretary of Labor. And tyranny to make sure that the future erosion of our manufacturing base, in- she was responsible for many impor- that he gave to his children would be a deed, by strengthening our manufac- tant initiatives: the 40-hour workweek, future of freedom, for those, too, have turing and industrial base. the ability for workers to bargain col- had enough. I want to recognize my colleague, lectively. She was a remarkable cham- Mr. Speaker, there is no defending Congressman GEORGE MILLER, the pion for working people in our country. the overzealous oligarchs at the Na- ranking member on the Committee on She was largely responsible for cre- tional Labor Relations Board. Their ac- Education and the Workforce, for his ating Social Security. Imagine having tions are a symptom of a regulatory leadership, his knowledge, and not only that as her credentials. Imagine what a board gone amuck. In fact, the irony of

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.042 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6205 this is that if Boeing wants to escape intend to here, but I can say this firm- Let’s assume there was compelling their reach, their jurisdiction, the only ly: Elected officials should not be po- evidence that an employer decided to way to do so is to move overseas, which liticizing an ongoing adjudicative proc- move a production line from one part is contrary to what any of us want ess. Politics should not interfere with of the country to another part of the when we want jobs here in America. justice in this or any other case. country because he wanted to find a Nowhere in America should your gov- I won’t support a bill that doesn’t workforce that was white and not Afri- ernment be able to tell you what you change the underlying law but only can American or not Latino, or that can or cannot do just because they be- changes the ability of those we’ve was much more likely not to have lieve what your intentions are. charged with enforcing it with the abil- women applying to work on that manu- Mr. Speaker, this administration ity to do so. Don’t allow one con- facturing line than where he was lo- needs to stop reading minds and start troversy to sully Uncle Sam’s ability cated. Would anyone here suggest there reading the Constitution. The Boeing for justice in this country. should be a bill that, notwithstanding decision is a vivid reminder that abso- Mr. KLINE. Mr. Speaker, I yield 11⁄2 Title VII of the Civil Rights Act, lute power corrupts absolutely. And we minutes to the gentleman from Arkan- should let that employer, with a dis- could dismiss it if it were only an iso- sas (Mr. CRAWFORD). criminatory motive and a racist inten- lated case, but it is not. Americans Mr. CRAWFORD. I thank the chair- tion, move his plant for that reason? have endured an administration that man for yielding, and I thank him for This is not a bill about what an em- fines American citizens for not buying his leadership on this issue. ployer can or cannot do. This is a bill a product, raids—with guns drawn—an Mr. Speaker, I rise today in strong about motivation. The Civil Rights American guitar manufacturer for not support of this bill. Act, 1964, the right of employees to or- shipping jobs overseas, conducts aerial I want to start by making a compari- ganize, form unions, bargain collec- searches and seizures of American busi- son and contrasting the events re- tively, and to prohibit employers from nesses without their knowledge, and cently in the great State of South retaliating against that, 75 years ago. Carolina with that of my home State of orders Federal employees not to speak If you really want to have the job Arkansas. to Members of Congress. creators do whatever they want, as you In Arkansas, aerospace is one of our Mr. Speaker, free enterprise is not like to say, get rid of the workers’ top exports. We have more jobs in Ar- the problem; it is the solution. And, right to choose, get rid of collective kansas affiliated with the aerospace in- Mr. Speaker, contrary to what the bargaining, remove the protections dustry than any other sector of our other side may say, labor is not the against discrimination, against unions, manufacturing economy. With aviation enemy. Labor is the backbone of the but don’t pretend you’re trying to do manufacturers like Hawker Beechcraft American economy. But both should be something for reasons that disguise the and Dassault Falcon, thousands of Ar- aware of a government that can tell motivation for the reason. you what to do just because of what kansas families enjoy high-paying jobs. Communities, schools, and small busi- Mr. KLINE. Mr. Speaker, may I in- you think, and both should be aware of quire again about the time remaining? a government that can tell you what to nesses are all positively impacted by buy just because they think that’s the aviation industry’s choice to locate The SPEAKER pro tempore. The gen- 1 what you need. in Arkansas. But, Mr. Speaker, if the tleman from New Jersey has 6 ⁄2 min- I pray that this legislation is the cor- NLRB had had their way, none of this utes remaining, and the gentleman nerstone of a renewed free market cita- would have ever been a reality in my from Minnesota has 5 minutes remain- del called America. The reign of the home State of Arkansas. ing. regulator is over. The American people The recent action by the NLRB is a Mr. KLINE. I will inform my col- want their country back, and there are case of massive overreach, overreach league from New Jersey that I am ex- still patriots in this House. that attempts to tell a business where pecting another speaker; so at this Mr. ANDREWS. Mr. Speaker, I yield and when they should locate their busi- time I will reserve the balance of my myself 10 seconds. nesses that employ people and create time. I’m sure the gentleman did not mean jobs. You see, Mr. Speaker, South Mr. ANDREWS. I thank my friend. to imply that those of us who take our Carolina, along with Arkansas, are Mr. Speaker, I am very pleased to side are not patriots. We think patriot- right-to-work States. Right-to-work yield 2 minutes to a passionate voice to ism includes the right to freely and States focus on fostering economic fight the ravages of outsourcing in our collectively bargain, and we stand for conditions that allow the private sec- country, the gentleman from Maryland it. tor to create jobs and prosper. (Mr. CUMMINGS). I am pleased at this time to yield 1 And again, not a single job was lost Mr. CUMMINGS. I stand in strong minute to a widely respected advocate as a result of Boeing’s decision to open opposition, Mr. Speaker, to this bill. another manufacturing plant in the of the people of the State of Wash- The National Labor Relations Board State of South Carolina. Yet the NLRB ington, the gentleman from Wash- exists to ensure that companies do not chose to attack the private sector once ington (Mr. INSLEE). discriminate against workers who exer- again. And that’s just indicative of this (Mr. INSLEE asked and was given cise their rights under Federal law. administration’s economic agenda that permission to revise and extend his re- That protection prevents the illegal focuses on growing government instead marks.) offshoring of American jobs. Mr. INSLEE. Mr. Speaker, I am very of creating jobs and growing our economy. In 2000, for example, a California jew- concerned about this outsourcing bill elry manufacturing company took ag- and its tenor. In closing, Mr. Speaker, the NLRB decision sets a dangerous precedent. gressive action to discourage its em- If you want to change what’s legal or ployees from organizing, a right that is illegal, then this body should address This bill is the first step to limit the government overreach that threatens protected under Federal law. When the those issues. But this bill won’t change company failed, it announced plans to what’s legal or illegal; it will simply Arkansas companies and job creators all across the country. relocate its operations to Mexico. The stop current law from being enforced. Board was able to prevent this from The NLRB is a law enforcement Mr. ANDREWS. Mr. Speaker, I am happening. body. It follows an independent, adju- pleased to yield 1 minute to a person dicative process. who understands the international im- Using the authority this bill would plications of economic growth and col- eliminate, the Board prevented the b 1220 lective bargaining, my good friend company from moving American jobs If we want to change the laws it en- from California (Mr. BERMAN). to Mexico. If H.R. 2587 is enacted, com- forces, that’s subject to debate, but Mr. BERMAN. Thank you, Mr. AN- panies will be able to ship jobs overseas this bill won’t do that, and that’s why DREWS. in retaliation against American work- I’m opposing it. Mr. Speaker, I would like the pro- ers exercising their rights. I haven’t taken a position on the case ponents of this legislation to look at Unfortunately, H.R. 2587 is part of a that brings us here today, and I don’t this fact situation: larger campaign to attack workers’

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.044 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6206 CONGRESSIONAL RECORD — HOUSE September 15, 2011 rights. That campaign includes an in- H.R. 2587. This bill, which was rammed But if you’ve had it with outsourcing, vestigation by the Oversight Com- through committee without so much as if you want jobs to be created in Amer- mittee into the Board’s ongoing pros- a legislative hearing, does not create or ica, what we ought to do is defeat this ecution of The Boeing Company for al- protect jobs, in spite of its misleading bill and rapidly bring to the floor the legations of illegal retaliation against title. What this bill does is give Amer- jobs plan the President of the United workers in Washington State for exer- ican workers an unfair choice: your States stood in this Chamber last week cising their rights under the law. rights or your job. and proposed. A Washington Post editorial warned H.R. 2587 creates an open season for Let’s stop creating jobs around the that the committee should not ‘‘sabo- CEOs to punish workers for exercising world and start creating jobs around tage’’ this ongoing legal process. And their rights. This bill allows companies America. Let’s stand up for collective 34 law professors urged the committee to relocate or eliminate jobs in retalia- bargaining, and let’s defeat this bill. to let the Board do its job without in- tion against employees who exercise STATEMENT OF PROFESSORS FROM COLLEGES terference. Instead, the committee their right to organize, strike, or en- AND UNIVERSITIES ACROSS THE UNITED issued a subpoena, threatened con- gage in collective bargaining activity. STATES ON HR 2587 HR 2587, currently being considered by the tempt, and even intimidated NLRB at- b 1230 torneys trying to do their job. House of Representatives and endorsed by a If H.R. 2587 becomes law, even if Boe- This Republican-sponsored bill ac- majority of the House Committee on Edu- complishes this by eliminating the Na- cation and the Workforce, would amend the ing is found to have violated workers’ National Labor Relations Act to take away rights, no remedy will exist to restore tional Labor Relations Board’s power to order work be restored or reinstated. from the NLRB the ability to remedy unfair those rights to workers. Nobody inter- labor practices involving the removal of ested in protecting American jobs In practical terms, this would mean work or the elimination of jobs by requiring should support this bill. that if a CEO wanted to punish workers employers to undo their unlawful actions. As I strongly urge my colleagues to vote for organizing or striking, the CEO scholars of law and labor policy, we are deep- against H.R. 2587. could simply choose to relocate or ly concerned about the far-reaching impact Mr. KLINE. Mr. Speaker, I continue eliminate the work and thereby elimi- this bill would have on employees’ basic to reserve the balance of my time. nate the worker without fear of being rights to organize, to bargain collectively, held accountable. and to engage in other concerted activities Mr. ANDREWS. Mr. Speaker, at this protected by the NLRA. time I am pleased to yield 1 minute to I ask my colleagues to oppose this The language of the proposed amendment a gentlelady who favors job creation bill and vote it down today. to the Act is sweeping. It provides that the over outsourcing, the gentlelady from Mr. KLINE. I continue to reserve the Board shall have no power to order an em- Hawaii (Ms. HANABUSA). balance of my time. ployer (or seek an order against an em- Ms. HANABUSA. Mr. Speaker, H.R. Mr. ANDREWS. I yield myself the ployer) to restore or reinstate any work, 2587 should be really called the ‘‘Death balance of my time. product, production line, or equipment, to of the Workers Rights Act.’’ This Mr. Speaker, when one listens to the rescind any relocation, transfer, subcontracting, outsourcing, or other change re- amends the National Labor Relations back-and-forth in this debate, there’s a lot of different points and I’m sure garding the location, entity, or persons who Act of 1935. And remember why that shall be engaged in production or other busi- act was created. We were in the Great some confusion that flows from that. ness operations. This language has been jus- Depression. But the debate’s really pretty simple, tified by the bill’s sponsors and critics of the So why was it then passed? Because and it’s about one question: If a group Board as a response to the NLRB Acting workers could join unions even back of people working at a business in this General Counsel’s actions in issuing a com- then, but they could be fired for joining country chooses to try to organize a plaint against Boeing Corporation. As such, the union and for striking. Does that union and bargain collectively for their it would prevent the Board and the courts from directing Boeing to restore work to its sound familiar? This caused great labor wages and their working conditions, and the employer is discomforted by employees in Washington State in the event unrest in this country, a country that that the company is found to have illegally was struggling to get back on its feet. that and the employer comes in and moved the work in retaliation for those Remember, we are a country of work- says, ‘‘I don’t like the fact you’re try- workers’ exercise of legally protected rights. ers. Workers made this country, and ing to form a union and bargain collec- But that unprecedented interference with a workers will continue to make us the tively and assert your rights, so I’m pending legal proceeding for the benefit of a great country that we are. moving to Malaysia. I’m out of here,’’ particular employer is not all that the bill What the NLRA said was workers should that be legal or not? We believe would do. If enacted, HR 2587 will eliminate emphatically it should be illegal. the ability of the NLRB and the courts to ef- could organize to act in a concerted fectively remedy any discriminatorily moti- manner for mutual aid and protection. To say to American workers that vated decision to transfer work from employ- This act basically eliminates the rem- they dare to speak up for themselves, ees or eliminate their jobs not for legitimate edies if that right is violated. they dare to assert their rights, they business reasons, but because the employees Now, remember, the NLRB must dare to bargain collectively, therefore have engaged in union or other NLRA-pro- prove that these protected rights were their jobs could be moved overseas is tected activity. It will also eliminate any violated. They just simply can’t go in wrong. It is illegal today to do that. meaningful remedy for an employer’s refusal and act willy-nilly. They have to prove Now, in the Boeing case, a judge will to bargain with a union in circumstances decide whether or not Boeing did that. where it is required to do so before transfer- these allegations. ring or contracting out work performed by There will be no rights for these If the judge decides that Boeing didn’t, workers the union represents. workers if this bill is allowed to pass. the case is over. If the judge decides The Board has long held that moving jobs Mr. KLINE. Mr. Speaker, it is appar- that Boeing did, then there will be from one facility to another or shutting ent that we have two speakers, a gen- remedies that would lie against Boeing. down a particular operation to avoid union- tleman from Virginia and one from But this is what this case is really ization or to punish workers for engaging in Texas who apparently are not going to about, this issue is really about, this protected activity violates a basic policy of be able to get here on time; so I will be bill is really about in the lives of daily the Act, that of insulating union activity from economic reprisal.1 The same is true of closing when Mr. ANDREWS has ex- Americans. How many of our constitu- discriminatorily motivated decisions to sub- hausted his speakers. ents are sick and tired of making a call contract or outsource work.2 The standard I reserve the balance of my time. about their credit card or some other remedy for such a violation, regularly af- Mr. ANDREWS. Mr. Speaker, at this account and realize that the person in firmed by the Federal Courts of Appeals, is time it is my honor to yield 1 minute the call center at the other end is in an order to the employer to return the work to a gentlelady who has been a fierce Asia and has no idea what they’re talk- that has been unlawfully eliminated or re- advocate for jobs for New York City ing about? moved.3 In the interests of economic effi- but, more importantly, for all of Amer- If you want more outsourcing, if you ciency, however, the Board will not require think the problem in America is that restoration of work if the employer can show ica, the gentlewoman from New York that it would be ‘‘unduly burdensome’’ to do (Ms. CLARKE). too many jobs are being created here so.4 Ms. CLARKE of New York. Mr. and we do more for other countries An order to restore work that has been Speaker, today I rise in opposition to around the world, then this is your bill. eliminated or removed is also the standard

VerDate Mar 15 2010 02:52 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.046 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6207 remedy in cases where the employer’s ac- authority by claiming that it is merely John Archer, Ph.D., Professor, English, tions were taken in violation of its duty to strengthening the employer’s right to make New York University bargain. In unionized workplaces, employers basic business decisions, including where and Elisabeth Armstrong, Associate Professor, have a legal obligation to bargain over cer- how to invest its resources. We reject the Program for the Study of Women and Gen- tain decisions affecting where and by whom premise that restoring work to those who der, Smith College bargaining unit work is performed. If the would perform it were it not for the employ- Rachel Arnow-Richman, Professor of Law employer acts unilaterally, without first er’s unlawful action violates an employer’s & Director Workplace Law Program, Sturm bargaining with the union until the parties basic entrepreneurial rights. The policy of College of Law, University of Denver reach agreement or are at impasse, the restoring victims to the position they would Steven Ashby, Prof., Full Clinical Pro- Board routinely orders the employer to re- have been in had it not been for unlawful fessor, School of Labor and Employment Re- scind the unilateral action and restore the conduct is common throughout our legal sys- lations, University of Illinois at Urbana- work until the duty to bargain has been sat- tem, and it represents no more than a rec- Champaign isfied, subject again to the ‘‘unduly burden- ognition of simple justice. James Atleson, Distinguished Teaching some’’ standard.5 Professor Emeritus, University at Buffalo If HR 2587 becomes law, the Board will be ENDNOTES 1 See, for example, Frito-Lay, Inc. 232 NLRB School of Law precluded from ordering this common-sense Tom Auxter, Dr., Professor, Philosophy, relief. Employers will be able to eliminate 753 (1977) (employer violated the Act by shutting down plant and transferring the work to University of Florida jobs or transfer employees or work for no Rick Bales, Professor and Director of Cen- another facility in response to a union orga- purpose other than to punish employees for ter for Excellence in Advocacy, Salmon P. nizing campaign); Lear Siegler, Inc., 295 NLRB exercising their rights and the Board will be Chase College of Law, Northern Kentucky powerless to direct the employer to return 857 (1989) (same). 2 See, for example, Century Air Freight, 284 University the work regardless of the circumstances. Regina Bannan, Ph.D., College Professor, Without the ability to order a unionized NLRB 730 (1987) (employer’s subcontracting of trucking work violated Act because pur- American Studies, Temple University employer to bring back work that has been Mark Barenberg, Professor, Columbia Uni- unilaterally transferred or outsourced in vio- pose was to avoid bargaining with union). See also Aguayao v. Quadrtech Corp., 129 F. versity Law School lation of the duty to bargain, the Board will Bill Barry, Professor, Labor Studies, Com- also be unable to insure that employees, Supp. 2d 1273 (C.D. Cal. 2000) (granting the Board’s request for an injunction stopping an munity College of Baltimore County through their union, are able to engage in Rosalyn Baxandall, Professor, American meaningful bargaining over such decisions. employer from moving its California oper- Studies, HAW We are dismayed that a single complaint, ations to Mexico in retaliation for union or- Frieda Behets, Professor, Epidemiology, not yet tried by an administrative law judge ganizing). University of North Carolina argued to the Board, or ruled on by the 3 See, for example, Mid-South Bottling Co. v. Janice R. Bellace, Samuel Blank Professor courts, should be the basis for so funda- NLRB, 876 F.2d 458 (5th Cir. 1989) (affirming of Legal Studies, The Wharton School, Uni- mental a reversal of long-standing law. The appropriateness of Board order directing bot- versity of Pennsylvania legal theory on which the Acting General tling company to reopen a distribution facil- David Bensman, Professor, Labor Studies Counsel’s complaint against Boeing is based ity closed because employees voted for union and Employment Relations, Rutgers Univer- is thoroughly consistent with existing law. representation); Woodline Motor Freight, Inc. Contrary to the claims of critics, the Acting v. NLRB, 843 F.2d 285 (8th Cir. 1988) (uphold- sity Elaine Bernard, Ph.D., Executive Director, General Counsel is not seeking to dictate ing Board order requiring employer to re- Labor and Worklife Program, Harvard Law where Boeing assigns work, but only to in- store trucking operations transferred to an- School sure that such actions are not taken in retal- other facility after employees engaged in Cyrus Bina, Distinguished Research Pro- iation for workers’ exercise of rights pro- union organizing campaign); Statler Indus- fessor of Economics, Division of Social tected by the NLRA. In fact the complaint tries, Inc., 644 F.2d 902 (1st Cir. 1981) (approv- Sciences, University of Minnesota itself specifically states that ‘‘the Acting ing Board order directing employer to re- Ann Blum, Professor, Department of His- General Counsel does not seek to prohibit store office jobs relocated to another facility panic Studies, University of Massachusetts Respondent from making nondiscriminatory in order to frustrate union organizing activ- Boston decisions with respect to where work will be ity). Ross Borden, Teacher, English, SUNY performed, including nondiscriminatory de- 4 Lear Siegler, Inc., supra, 295 NLRB at 861. cisions with respect to work at its North 5 The Board’s authority to order such a Cortland Charleston, South Carolina, facility.’’ remedy in refusal to bargain cases was ex- Eileen Boris, Professor, Feminist Studies But as we have shown, the impact of HR pressly affirmed by the supreme Court in and History, University of California, Santa 2587 would go well beyond overruling the Fibreboard Paper Products Corp. v. NLRB, 379 Barbara Acting General Counsel’s actions in the Boe- U.S. 203 (1964), which upheld a Board order Enobong Branch, Professor, Sociology, ing case. If enacted, it will give tacit permis- directing an employer that contracted out UMass Amherst sion to employers to punish any segment of the work of its maintenance employees with- Renate Bridenthal, Ph.D., Professor (re- their workforce that chooses to unionize or out first bargaining with the employees’ tired), History, Brooklyn College, CUNY to exercise the right to strike by eliminating union to resume maintenance operations and Ralph Brill, Professor, Law, Illinois Insti- their jobs. It will allow unionized employers reinstate the employees. The Court said the tute of Technology, Chicago Kent College of who find it convenient to ignore their duty order restoring the status quo ante ‘‘to in- Law Peter D.G. Brown, Distinguished Service to bargain with the union before transferring sure meaningful bargaining’’ was well-de- Professor, New Paltz, SUNY New Paltz or eliminating bargaining unit work to act signed to promote the policies of the Act and David Brundage, Professor, History, Uni- unilaterally without concern for legal con- had not been shown to impose an undue bur- versity of California, Santa Cruz sequences. Employers will be able to elimi- den on the employer. Id. at 216. nate lines of work, hire subcontractors, Robert Bussel, Associate Professor and Di- INSTITUTIONS AND AFFILIATIONS LISTED FOR rector, Labor Education and Research Cen- switch jobs to non-union facilities or trans- IDENTIFICATION PURPOSES ONLY fer them out of the country in violation of ter, University of Oregon SIGNED: Larry S. Bush, Professor Emeritus, Univer- the NLRA—secure in the knowledge that the Julius Getman, Professor and Chair, Board will be unable to order it to undo sity of Mississippi School of Law School of Law, University of Texas at Austin those actions. Susan M. Carlson, Ph.D., Associate Pro- WITH: fessor, Sociology, Western Michigan Univer- In the Committee report regarding the bill, Richard L. Abel, Michael J. Connell Distin- sity the majority states, ‘‘To ensure employees guished Professor of Law Emeritus, UCLA Kenneth M. Casebeer, Professor of Law, can continue to exercise their rights under Law University of Miami School of Law. federal labor law, the NLRB will continue to David Abraham, Professor, University of Ramona Caswell, Instructor, Chemistry, have more than a dozen strong remedies Miami School of Law against unfair labor practices to protect Mimi Abramovitz, Bertha Capen Reynolds MNSCU workers and hold unlawful employers ac- Professor of Social Policy, Silberman School William Charland, Associate Professor, countable.’’ However, the report does not list of Social Work at Hunter College, CUNY Art, Western Michigan University those remedies and we are at a loss to iden- Doug Allen, Visiting Professor, Labor Kimberly Christensen, Ph.D., Faculty tify them. The Board’s remedial power under Studies and Employment Relations, Penn- member, Economics, Sarah Lawrence Col- existing law is already severely restrained. sylvania State University lege The Board cannot impose sanctions. It may Sally Alvarez, Faculty, School of Indus- John W. Cioffi, Associate Professor, Polit- not seek to punish wrongdoers. It cannot im- trial and Labor relations, Cornell University ical Science, University of California pose fines; it cannot require anything that Edwin Amenta, Professor, Sociology, Uni- Marc Cirigliano, Professor, Arts, SUNY would amount to a new contract between the versity of California Empire State College parties. If the bill passes, the Board will have Robert Angelo, Professor Emeritus, School Paul Clark, Professor & Dept. Head, Labor no effective response to basic unfair labor of Management and Labor Relations, Rut- Studies & Employment Relations, Penn practices. gers University State University The Committee majority seeks to justify Fran Ansley, Professor of Law Emeritus, Dan Clawson, Professor, Sociology, Univ of the reducing of employee rights and Board Law, University of Tennessee College of Law Massachusetts Amherst

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A15SE7.028 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6208 CONGRESSIONAL RECORD — HOUSE September 15, 2011 Peter Cole, Professor, History, Western Il- Ruben Garcia, Professor of Law, William S. Lisa Klein, Professor, Materials Science & linois University Boyd School of Law, University of Nevada, Engineering, Rutgers University Reyes Coll-Tellechea, Associate Professor, Las Vegas Sherryl Kleinman, Professor, Sociology, Dept of Hispanic Studies, University of Mas- Rebecca Givan, Assistant Professor, ILR UNC, Chapel Hill sachusetts Boston School, Cornell University James Korsh. Ph.D., Professor, CIS, Tem- Dave Colnic, Associate Professor, Political Michael J. Goldberg, Professor of Law, ple University Science and Public Administration, CSU Widener University School of Law John Kretzschmar, Director, Institute for Stanislaus Nancy Goldfarb, Visiting Assistant Pro- Labor Studies, University of Nebraska at Martin Comack, Ph.D., Adjunct professor, fessor, English, IUPUI Omaha Government, Massachusetts Bay Community Alvin Goldman, Professor of Law Emer- Max Krochmal, Assistant Professor, His- College itus, College of Law, University of Kentucky tory, Texas Christian University Angela Cornell, Law Professor, Law George Gonos, College Professor, Soci- Gordon Lafer, Professor, Labor Education School, Cornell University ology, SUNY at Potsdam & Research Center, University of Oregon Marion Crain, Wiley B. Rutledge Professor Colin Gordon, Professor, History, Univer- Joan Landes, Ferree Professor, History & and Director, Center for the Interdiscipli- sity of Iowa Women’s Studies, Pennsylvania State Uni- nary Study of Work & Social Capital, Wash- Jennifer Gordon, Professor of Law, Ford- versity ington University in St. Louis Law ham University School of Law Frederic Lee, Professor, Economics, Uni- Ellen Dannin, J.D., Professor of Law, Dick- Stathis Gourgouris, Ph.D., Professor, Com- versity of Missouri—Kansas City inson School of Law, Penn State parative Literature, Columbia University David Lenson, Professor, Comparative Lit- Kenneth G. Dau-Schmidt, J.D., Ph.D., Wil- Jeff Grabelsky, Mr., Labor Educator, erature, UMass lard and Margaret Carr Professor of Labor Labor Relations, Cornell University Dan Letwin, Associate Professor, History, and Employment Law, Maurer School of Lois Gray, Professor, LLRD, Cornell Uni- Penn State University Law, Indiana University versity Charles Levenstein, Ph.D., Professor Emer- Rev. Dr. E-K Daufin, Ph.D., Professor, Marc D. Greenbaum, Professor of Law, Suf- itus of Work Environment, University of Communications, Alabama State University folk University Law School Massachusetts Lowell; Adjunct Professor of Neill DeClercq, Professor, School for Work- Joseph R. Grodin, Distinguished Emeritus Occupational Health, Tufts University ers, Univ. Wisconsin—Extension Professor, University of California Hastings School of Medicine Charles Derber, Professor, Sociology De- College of the Law Joseph Levine, Professor, Department of partment, Boston College Anthony Gronowicz, Dr., Professor, Social Philosophy, University of Massachusetts Alan Derickson, Ph.D., Professor, History, Science, CUNY Amherst Penn State Univ. Lawrence Grossberg, Distinguished Pro- Penelope Lewis, Assistant Professor, Jo- Amy Dietz, Lecturer, LSER, Penn State fessor, Communication Studies, University seph S. Murphy Institute for Worker Edu- University of North Carolina cation and Labor Studies, City University of Jan Dizard, Professor, Anthropology/Soci- Marilyn Hacker, Professor Emerita, De- New York ology, Amherst College partment of French, CUNY Graduate Center Alex Lichtenstein, Associate Professor, Corey Dolgon, Professor and Director of John Hammond, Professor, Sociology, History Department, Indiana University Community-Based Learning, Department of Hunter College and Graduate Center, CUNY Nelson Lichtenstein, MacArthur Founda- Sociology, Stonehill College Desales Harrison, Associate Professor, tion Chair in History, Director, Center for Kate Drabinski, College Teacher, Gender English, Oberlin College the Study of Work, Labor, and Democracy, and Women’s Studies, University of Mary- John Hess, Professor, English/American University of California, Santa Barbara land, Baltimore County Studies, University of Massachusetts Boston Risa L. Lieberwitz, Professor of Labor and Oliver Dreher, Management, Sales, Comex Tobias Higbie, Associate Professor, History Employment Law, School of Industrial & Melvyn Dubofsky, Ph.D., Distinguished Department, UCLA Labor Relations, Cornell University Professor of History & Sociology Emeritus, Jeffrey Hirsch, Associate Professor, Uni- John Logan, Professor and Director of History, Binghamton University, SUNY versity of North Carolina School of Law Labor and Employment Relations, College of Michael C. Duff, Associate Professor of Ann C. Hodges, Professor of Law, Univer- Business, San Francisco State University Law, University of Wyoming College of Law sity of Richmond School of Law Lynn Duggan, Professor, Labor Studies, Stephanie Luce, Associate Professor, Mur- Alan Hyde, Distinguished Professor and phy Institute, City University of New York Indiana Univ. Bloomington Sidney Reitman Scholar, Rutgers University Maxine Eichner, Professor of Law, UNC Margaret Lucia, Professor, Music & The- School of Law ater, Shippensburg Univ. of Pennsylvania School of Law Amy Ickowitz, Assistant Professor, Eco- Debra Emmelman, Professor, Department Dennis O. Lynch, Professor of Law and nomics, Clark University of Sociology, Southern Connecticut State Dean Emeritus, University of Miami School Elizabeth M. Iglesias, Professor of Law & of Law University Director of Center for Hispanic & Caribbean Cynthia Estlund, Catherine A. Rein Pro- Catherine Lynde, Associate Professor, Eco- Legal Studies, University of Miami School of fessor of Law, NYU School of Law nomics Department, University of Massachu- Barbara Fick, Associate Professor of Law, Law setts Boston M. Thandabantu Iverson, Dr., Asst. Prof., University of Notre Dame Law School Jon Lyon, Associate Professor, Biology, Eric Fink, Associate Professor, School of Indiana University Labor Studies Program, Merrimack College Law, Elon University School of Social Work Deborah Malamud, AnBryce Professor of Paula Finn, Labor Educator, Murphy Insti- Elizabeth Jameson, Professor, History, Law, New York University School of Law tute, CUNY University of Calgary Debbie Maranville, Professor of Law and Kade Finnoff, Assistant Professor, Depart- Jeanette Jeneault, College Instructor, Director, Clinical Law Program & Unem- ment of Economics, University of Massachu- Writing, Syracuse University ployment Compensation Clinic, University of setts Boston Hilmar Jensen, Associate Professor, His- Washington School of Law Dr. Elisabeth Schu¨ ssler Fiorenza, Krister tory, Bates College Marian Marion, Ph.D., Professor, Edu- Stendahl Professor, Harvard Divinity School Tom Juravich, Ph.D., Professor, Sociology/ cation, Governors State University Matthew W. Finkin, Albert J. Harno and Labor Center, UMass Amherst Gillian Mason, Lecturer in English and Edward W. Cleary Chair in Law, Center for Michelle Kaminski, Associate Professor, American Studies, Suffolk University, Uni- Advanced Study Professor, University of Illi- School of Human Resources & Labor Rela- versity of Massachusetts, Boston nois College of Law tions, Michigan State University Kent Mathewson, Dr., Geographer, Geog- Michael Fischl, Professor of Law, Univer- Jonathan Karpf, Lecturer, Anthropology, raphy & Anthropology, Louisiana State Uni- sity of Connecticut School of Law San Jose State University versity Catherine Fisk, Chancellor’s Professor, Kathleen Kautzer, Associate Professor, De- Michael Mauer, Professor, Labor Studies, School of Law, University of California— partment of Sociology, Regis College University of Illinois at Urbana—Champaign Irvine Stephanie Kay, Senior Lecturer, Univer- Joseph A. McCartin, Professor, History, Milton Fisk, Professor Emeritus, Philos- sity Writing Program, University of Cali- Georgetown University ophy, Indiana University fornia, Riverside John McGowan, College Professor, English, William E. Forbath, Lloyd M. Bentsen Patricia Keely, Faculty, Cell Biology, Uni- University of North Carolina Chair in Law, University of Texas School of versity of Wisconsin Robert Meister, Professor, History of Con- Law Robert Keohan, Associate Professor, sciousness, University of California Miriam Frank, Ph.D., Professor, Liberal English, Merrimack College Jack Metzgar, Professor Emeritus, Human- Studies, New York University Alexander Keyssar, Stirling Professor of ities, Roosevelt University Michael Friedman, Ph.D., Professor, History and Social Policy Chair, Democracy, Carlin Meyer, Professor & Director, Diane English and Theatre, University of Scranton Politics, and Institutions, Kennedy School of Abbey Law Center for Children and Families, Mary O. Furner, Ph.D., Professor, History, Government, Harvard University New York Law School University of California, Santa Barbara Assaf J. Kfoury, Professor, Computer Peter Meyer, Professor Emeritus, Urban & Rita Gallin, Dr., Professor Emerita, De- Science Department, Boston University Public Affairs, Univ. of Louisville partment of Sociology, Michigan State Uni- Marlene Kim, Dr., Professor, Economics, Ruth Milkman, Professor, Sociology, versity University of Massachusetts CUNY Graduate Center

VerDate Mar 15 2010 02:52 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A15SE7.030 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6209 Angela Miller, Dr., Professor, Art History, Marjorie Sanchez Walker, Dr., Professor, Adrienne Valdez, Faculty member, Center Washington University History, California State University for Labor Education and Research, Univer- John Mineka, Professor, Mathematics, Stanislaus sity of Hawaii—West Oahu CUNY Richard Savini, University Professor, Art Joseph Varga, Professor, Labor Studies, Susan Moir, ScD, University Researcher, Department, California State University Indiana University CPCS, UMass Boston Patrici Sawin, Associate Professor, An- Steven Volk, Professor, History, Oberlin Charles Morris, Professor Emeritus, thropology, University of North Carolina College Dedman School of Law, Southern Methodist Paula Schmidt Mrs., Lecturer, English, Paula Voos, Professor, School of Manage- University CSU Stanislaus ment and Labor Relations, Rutgers Tracy Mott, Associate Professor & Depart- Jennifer Schuberth, Professor, Religion, Katherine Walstrom, Ph.D., Professor, Div. ment Chair, Economics, University of Den- Portland State University Natural Sciences, New College of Florida ver Berger Sebastian, Dr., Professor, Econom- Devra Weber, Professor, History, Univer- George Muedeking, Emeritus Professor, ics, Dickinson College sity of California, Riverside Sociology, CSU Stanislaus Karin Shapiro, Visiting Associate Pro- Eve Weinbaum, Director, Labor Studies, Chris Nagel, College Faculty, Philosophy, fessor, History, Duke University UMass Amherst Labor Center CSU Stanislaus Jennifer Sherer, Ph.D., Director, Labor Marley S. Weiss, Professor of Law, Univer- Ruth Needleman, Ph.D., Professor, Leader- Center, University of Iowa sity of Maryland School of Law ship & Social Justice, Calumet College of St. Snehal Shingavi, Professor, English, The Martha S. West, Professor of Law Emerita, Joseph University of Texas at Austin University of California Davis School of Law David Nikkel, Dr., Professor, Philosophy Laurence Shute, Professor Emeritus of Ec- Ahmed A. White, Professor of Law and As- and Religion, University of North Carolina— onomics, Economics, California State Poly- sociate Dean for Research, University of Col- Pembroke technic University, Pomona orado School of Law Bruce Nissen, University Professor, Center Louise Simmons, Ph.D., Professor, School Lucy Williams, Professor of Law, North- for Labor Research and Studies, Florida of Social Work, University of Connecticut eastern University School of Law International University Joseph E. Slater, Eugene N. Balk Professor John Willoughby, Dr., Professor, Econom- Carl Offner, Industry Professor of Com- of Law and Values, University of Toledo Col- ics, American University puter Science, Computer Science, University lege of Law Steve Wing, Associate Professor, Depart- of Massachusetts Boston David Smith, Professor, Sociology, UC— ment of Epidemiology, University of North Colleen O’Neill, Associate Professor, His- Irvine Carolina tory, Utah State University Betsy Smith, Ph.D., Adjunct Professor of Michael J. Wishnie, Clinical Professor, Diana Orem, Assistant Professor, Psy- ESL, Language and Literature Department, Yale Law School chology, CSU Stanislaus Cape Cod Community College Goetz Wolff, Professor, Urban Planning, Michal Osterweil, Lecturer, Global Stud- David Whitten Smith, S.T.D., S.S.L., UCLA ies, UNC Chapel Hill Emeritus Professor, Theology; Justice and Marty Wolfson, Director of the Higgins Henry Owen, Professor of Botany, Biologi- Peace Studies, University of St. Thomas Labor Studies Program, Department of Eco- cal Sciences, Eastern Illinois University Carol Smith, Dr., Retired Faculty, CCNY, nomics, University of Notre Dame David Ozonoff, MD, MPH, Chairman Emer- Dept. of Special Programs, CUNY John Womack, Jr., Robert Woods Bliss itus and Professor of Environmental Health, Jeffrey Spear, Professor, English, New Professor of Latin American History and Ec- School of Public Health, Boston University York University onomics, Emeritus, History Department, Frances Fox Piven, Distinguished Pro- Susan J. Stabile, Robert and Marion Short Harvard University fessor, Graduate Center, City University of Distinguished Chair in Law, University of Nan Woodruff, Professor, History, Penn New York St. Thomas School of Law State University Dana Polan, Professor, Cinema Studies, Theodore J. St. Antoine, Professor Emer- David Yamada, Professor of Law, Law New York University itus of Law, Law School, University of School, Suffolk University Law School James Gray Pope, Professor, Rutgers Uni- Michigan Law School Alex Zukas, Professor, Social Sciences, Na- versity School of Law Howard Stein, Professor, DAAS, Univer- tional University Laura Punnett, Professor, Department of sity of Michigan I yield back the balance of my time. Work Environment and Co-Director, Center Joan Steinman, Distinguished Prof. of Mr. KLINE. Mr. Speaker, I yield my- for the Promotion of Health in the New Eng- Law, Law, Chicago—Kent College of Law, Ill. land Workplace (CPHNEW), School of Health Inst. of Tech. self the balance of my time. & Environment, University of Massachusetts Katherine V.W. Stone, Arjay and Francis There is always an interesting debate Lowell Miller Distinguished Professor of Law, UCLA on the floor. This has been another ex- Gretchen Purser, Professor, Sociology, School of Law ample. We have some fundamental dif- Maxwell School of Syracuse University Ann Strahm, Assistant Professor, Soci- ferences in how we view the problems Angela Melina Raab, Adjunct Professor, ology, CSU Stanislaus and, more importantly, the solutions University of Texas School of Law Jill Strauss, Adjunct Assistant Professor, facing our country. Robert J. Rabin, Professor of Law, Syra- Sociology of Conflict, John Jay College, Both sides recognize that we have cuse University College of Law CUNY Liz Recko, Coordinator of Assessment and Mary Rose Strubbe, Professor, Law, ITT high unemployment, historically high, Testing and Instructor, Psychology, Berk- Chicago—Kent College of Law with 30 months of unemployment over shire Community College Stephen J. Sullivan, Ph.D., Professor, Phi- 8 percent, 14 million Americans out of Adolph Reed, Jr., Professor, Political losophy, Edinboro University of Pa. work. Both sides want the economy to Science, University of Pennsylvania April Susky, Academic Advisor/Professor, grow and people to get back to work. Chris Rhomberg, Associate Professor, Soci- Student Success, University of Alaska But one side believes that more regula- ology and Anthropology, Fordham Univer- Southeast, Sitka Campus tions—by the last account some 219 in sity Gerald Swanson, Dr., Professor (retired), Charley Richardson, Former Director, Science, Daytona State College the pipeline coming from this adminis- Labor Extension Program, University of Kim Tan, Professor, Accounting & Fi- tration—more regulations, more spend- Massachusetts Lowell nance, California State University ing money that we don’t have, more Benjamin Robinson, Associate Professor, Stanislaus government interference will somehow Germanic Studies, Indiana University Mark Tauger, Dr., Professor, History, West get Americans back to work; and the Tom Roeper, Professor, Department of Lin- Virginia University other side, Mr. Speaker, believes that guistics, University of Massachusetts South Donald Taylor, Assistant Professor, Labor employers, the private sector, small College Education—School for Workers, University businesses, entrepreneurs, middle-size Brishen Rogers, Assistant Professor, Tem- of Wisconsin ple University Beasley School of Law Daniel Thau Teitelbaum, M.D., Adjunct businesses and large businesses create Beth Rosenberg, ScD, MPH, Assistant Pro- Professor, Occupational and Environmental jobs, put Americans to work. fessor, Department of Public Health & Com- Health, Colorado School of Public Health, Now, the National Labor Relations munity Medicine, Tufts University School of University of Colorado Denver Act, as has been discussed, has been Medicine Paul Thompson, Professor, Associate Pro- around for a long time. Neither side is Emily Rosenberg, MS, Director, SNL, fessor, Film and Television, New York Uni- suggesting that Americans don’t have Labor Studies, DePaul University versity the right to organize and to bargain. I Robert Ross, Professor of Sociology, Clark Donald Tomaskovic-Devey, Professor and beg to differ with my colleagues on the University Chair, Sociology, Univeristy of Massachu- Mary Russo, Ph.D., Professor, Humanities, setts other side. That’s not what this is Hampshire College Robert Vaden-Goad, Ph.D., Associate Pro- about. Francis Ryan, Dr., Visiting Assistant Pro- fessor, Mathematics, Southern Connecticut But what we have here is a case fessor, History, Temple University State University where the act creates a board which, by

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A15SE7.032 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6210 CONGRESSIONAL RECORD — HOUSE September 15, 2011 its nature, changes back and forth, de- I understand that many of my colleagues have employees for exercising their fundamental or- pending upon who’s in the White strong opinions on that issue, but it is not the ganizing rights. House, so that it has more Democrats business of this Congress to legislate on an This legislation would open the door to one time and more Republicans an- individual case. It is not appropriate to dis- wholesale off-shoring of U.S. jobs at a time other. And so I would argue and have mantle the enforcement mechanism to secure when this Congress should be discouraging argued that for some time, the board, a result for any party. such behavior. in enforcing the act, is causing some This bill makes sweeping changes to worker A bill of this magnitude, which would set whipsaw of the economy. I’ll concede protections and would have severe con- back decades of established labor law and that. sequences. Rather than creating a single job, precedent, should be considered in a much But right now with this board, I it would give employers free rein to eliminate more deliberative manner. would argue that, as one of my col- jobs or move them overseas to punish work- I call on my colleagues on both sides of the leagues on the other side said, there ers for exercising their rights. aisles to vote in favor of working Americans was an agenda over here. I agree, there Mr. Speaker, this bill strips fundamental pro- and to oppose this legislation. is an agenda. The board has an agenda. tections from American workers, leaving them Mr. DINGELL. Mr. Speaker, I rise in un- There is a rainfall, a torrent of rul- and their jobs less secure. It turns back the equivocal opposition to H.R. 2587, the Pro- ings coming out of this board that clock on 75 years of employment law. It is the tecting Jobs from Government Interference strike at the heart of American job cre- wrong direction for America, and I urge my Act. This devious legislation carries on in my ators that create jobs. One of those rul- colleagues to reject it today. Republican colleagues’ fine tradition of mask- ings—and I agree that it’s an interim Mr. BLUMENAUER. Mr. Speaker, I am ing hard truth with pithy and inaccurate turns ruling. It’s a ruling by the acting gen- deeply disappointed by the bill the Republican of phrase. H.R. 2587’s goal is not to protect eral counsel. One guy looks at the ac- majority is bringing to the floor today. While I jobs, but rather to neuter the National Labor tions that a major American company am used to the Republicans attacking new Relations Board (NLRB) and the protections it has taken to create more jobs, to spend protections for American workers, this bill at- affords America’s working men, women, and a billion dollars, build a plant in South tacks and removes long-standing enforcement their families. Carolina, hire over a thousand people. provisions of the National Labor Relations In point of fact, H.R. 2587 will prohibit the One guy says, No, I don’t think so. I Board, virtually eliminating its protection for NLRB from reinstating production lines closed think, says he, this is a transfer of U.S. workers. as retaliation for union activities. The bill will work and it’s in retaliation; I think This bill prohibits the National Labor Rela- also prevent the Board from issuing any order that. tions Board from carrying out its mandate to that rescinds any relocation, transfer, subcon- So it’s been pointed out this is an on- prevent unfair labor practices and would even tracting, or outsourcing of work by a company going process. And one of my col- allow companies to move outside of the as retribution for union activities. As I have leagues in the committee said, Well, United States to avoid union organizing. In said, this bill does nothing to offer increased nothing bad has really happened here. other words, this bill makes it easy for compa- protections to American workers. It will, how- Let’s let this play out. nies to outsource jobs to other countries in ever, protect union-busting activities by busi- No, no. I beg to differ. order to avoid paying our workers family nesses that are still sitting on billions of dollars Go to Charleston, South Carolina. wages, providing health benefits, and meeting and asking for a tax holiday for repatriated Talk to those thousand employees basic safety and environmental obligations. profits, yet all the while making precious little about their future and the uncertainty Under current law, it is illegal to retaliate effort to add new jobs. that this brings. Talk to the companies against workers for union activity or to threat- Mr. Speaker, my friends on the other side of who are looking at creating jobs, start- en workers to discourage union activity. Not the aisle are using a pending dispute between ing businesses in this country and are only does the bill remove the power from the the NLRB and a certain airplane manufacturer looking at this ruling and the threat National Labor Relations Board to block such to justify the supposed need for this abomi- this poses and reconsidering their ac- retaliation or threats, but the bill even prevents nable legislation. H.R. 2587 is explicit proof of tions. the Board from seeking such an order. Our the Republican Party’s strong desire to wipe So, Mr. Speaker, I believe we have a laws may set forth strong worker protections, out the very unions that built this country’s choice. We can stand, we can sit, we but this bill prevents the exercise of those pro- middle class and make sure American workers can watch, or we can step up and try to tections, reducing those promises to empty have no better protections that their brethren help Americans get back to work in words. in third-world countries. America by stopping this action and It is appalling to me that the Republican ma- I urge my colleagues to oppose this bill. Mr. POE of Texas. Mr. Speaker, this piece the threat that it poses to companies jority is considering rolling back provisions that of legislation is critical to prevent the National across America. have protected workers for decades. I urge my Labor Relations Board from disrupting busi- So I encourage my colleagues to vote colleagues to vote against this ill-considered ness and job growth by ordering an employer for this legislation. Let’s get Ameri- legislation. cans back to work in America. Mr. GENE GREEN of Texas. Mr. Speaker, to relocate. The purpose of this board is to protect work- I yield back the balance of my time. I rise in opposition to H.R. 2587, the ers, not to leave them in fear that their jobs Mr. VAN HOLLEN. Mr. Speaker, I rise in misleadingly named ‘‘Protecting Jobs From may be relocated on the whim of the Board’s strong opposition to the so-called ‘‘Protecting Government Interference Act.’’ members. Jobs from Government Interference Act.’’ It’s a This legislation, if enacted, would gut key The NLRB has no place in telling busi- nice name for a bad bill. provisions of the National Labor Relations Act, nesses where they can operate. This bill is not about protecting American a law which has ensured the right of working Businesses create jobs, not the government. jobs or American workers. It’s about protecting Americans to fight for better working condi- In this economic climate, the last thing we big businesses who want to move jobs out of tions, a better salary, and better benefits for need is for businesses to have any more anx- American communities without consequence. themselves and their families for more than 75 iety preventing them from hiring more workers. It’s about forcing American workers to accept years. Boeing, who the NLRB has attacked, is cre- the lowest common denominator rather than H.R. 2587 would strip from the National ating jobs in both South Carolina and Wash- standing up for fair pay and safer working con- Labor Relations Board the ability to take ac- ington. ditions. tion against any employer that has been found With the attempt by NLRB to force Boeing For more than 75 years, federal law has to violate the law by closing an office, relo- to move the newly created jobs in South Caro- guaranteed employees the right to organize cating a plant or firing workers in retaliation for lina to Washington, jobs will now be lost in without threat of retaliation. If workers decide exercising their rights to organize or petition South Carolina. to form a union, the company can’t punish for fairer benefits. Texas like South Carolina is a Right to Work them by moving operations down the street or Even worse, passage of this legislation State. out of the country. But this bill would allow would open the door for companies to engage Businesses that operate in non-Right to companies to retaliate with impunity by strip- in the practice of illegally moving jobs over- Work States should not have to be intimidated ping the National Labor Relations Board of its seas. In the past, the NLRB has been able to from opening up locations in Right to Work power to enforce that law. take action against companies that have at- States like South Carolina and Texas because Today’s legislation is a response to an on- tempted to move their operations overseas of concerns that moving to these states will be going dispute between the NLRB and Boeing. who do so with the clear goal of punishing considered ‘‘transferring’’ work.

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\K15SE7.048 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6211 The NLRB should not have the power to Board, as is prescribed in the same statute, ‘‘Outsourcers’ Bill of Rights.’’ This bill would force the relocation of a business. investigated the case. As part of their inves- encourage businesses to ship jobs overseas It has over a dozen other remedies to pro- tigation, NLRB investigators collected evi- and weaken the rights of American workers. tect workers. dence from both parties. The NLRB has not There’s never a good time for this kind of mis- The National Labor Relations Act needs to yet determined whether this evidence warrants guided legislation, but it’s hard to imagine a be amended to prevent this. a complaint against Boeing. In short: the proc- worse time than right now. Mrs. MALONEY. Mr. Speaker, I rise in op- ess which has been in place for more than 75 This bill would prohibit the National Labor position to this bill which is an attack on the years is working as designed, but it has not Relations Board (NLRB) from directing an em- fundamental rights of working men and been completed. This bill would halt the inves- ployer or company to restore or reinstate work women. tigation of this legally introduced complaint, that has been unlawfully transferred, We are debating this bill at a time when and it would gut the statute that governs the outsourced, or subcontracted away from work- roughly 131⁄2 million Americans are unem- relationship between workers and bosses. ers in retaliation for exercising their rights, ployed and the labor force participation rate is At a time when the President and others such as organizing a union. still at a low—not seen in over a generation. have correctly argued that the U.S. govern- Furthermore, it would apply retroactively to This House should be focused on paying our ment should not be assisting corporations to any complaint that has not been resolved by bills, creating jobs, strengthening the middle ship jobs overseas, we are gutting the U.S. the time of enactment. Its impact is dangerous class, and protecting workers rights. Instead, government’s role in ensuring that workers and wide-ranging. Simply put, this bill strips the Republican Majority has brought a bill to have a fighting chance to improve their lives, away the authority of the NLRB to effectively the Floor that does nothing to help our econ- provide for their families, and keep quality remedy unlawful practices against workers. omy or create jobs, but instead makes it easi- jobs. This ill-timed legislation would effectively ener for corporations to send American jobs We should all be in this together: workers, courage companies to outsource their jobs overseas and allows employers to punish their corporations, and the federal government. We overseas. In 2000, the National Labor Rela- employees for exercising their rights to orga- ought to be working as a team to boost U.S. tions Board was able to force a company to nize and ensure a full day’s pay for an honest efforts to remain competitive in a tough global bring jobs back to the U.S. from Mexico, as day’s work. economy. The American middle class today the company was charged with shipping jobs H.R. 2587 will strip the National Labor Rela- faces devastating attacks on its health care, to that country in retaliation against workers tions Board (NLRB) of its authority to enforce retirement security and real wages, while cor- seeking to organize a union. If this bill passes, basic labor protections, and will allow employ- porate profits and CEO salaries are sky- American workers would lose this critical pro- ers to openly discriminate against union work- rocketing. I strongly oppose this misguided ef- tection. ers. With this bill, companies will be allowed to fort to gut protections for America’s workers. For more than 75 years, federal law has outsource jobs and intimidate and fire workers The fact is that under the NLRA, a corpora- provided Americans the right to join together without repercussions in retaliation for Amer- tion may outsource jobs for practically any in unions and bargain for fair wages and safe ican workers who exercise their rights under reason, just not for an illegal reason. Under working conditions. As President Obama stat- current U.S. law. the law, due process protects corporations ed earlier this month, when it comes to labor Mr. Speaker, the assault on union employ- and workers, ensuring that both sides have relations, ‘‘we shouldn’t be in a race to the ees is happening across the country from Wis- their say. In fact, even if the NLRB rules that bottom . . . America should be in a race to consin, to Ohio, and now right here in the Boeing has acted illegally, a decision would the top.’’ House of Representatives. We must not let it not infringe Boeing’s—or any corporation’s— Mr. Speaker, the priority of Congress should continue if we want to preserve our nation’s right to open manufacturing facilities any- be to raise the living standards of the middle middle class which is in serious decline. There where. They just can’t do it to punish the class and working families in America. I urge is no question that the unions have contrib- workers they rely on to compete. my colleagues to vote against this bill and join uted to building the middle class in this coun- This legislation throws those critical worker the race to the top. try. protections away for the short sighted purpose Ms. SCHAKOWSKY. Mr. Speaker, I rise in According to the Bureau of Labor Statistics, of rewarding one Fortune 500 company that strong opposition to H.R. 2587, which is a union workers are more likely than non-union has been able to compete globally in a tough misguided attempt to intervene in an ongoing workers to be covered by health insurance, business environment by hiring qualified work- labor case and which has much broader and and receive pension benefits and paid sick ers to build the best planes in the world. Now serious consequences for American workers leave. We must not ignore the critical role that Republicans in the House of Representatives and American jobs. unions have played in building America by want to turn those workers and their families Last April, the National Labor Relations helping improve the wages and working condi- out on the street for exercising their right to Board general counsel issued a complaint in tions of union and non-union jobs alike. bargain. response to a petition alleging that Boeing I urge my colleagues to stand up for work- In order to recover from the recession, the Corporation had located an aircraft production ing families, for a stronger middle class, and United States needs to address the growing line in South Carolina. The charge is that Boe- a growing economy. For more than 75 years, disparity in wealth in our country. Despite the ing made the move to retaliate against Wash- federal law has provided Americans the right recession, corporations today are bringing ington state union workers who had exercised to join together in unions and bargain for fair home more profit than ever before. Tax rates their legally-protected rights. pay and benefits and safer working conditions. are the lowest they have been in decades. The April complaint didn’t result in a final I pledge to fight to maintain those rights and What corporations need is consumers, and if outcome—it just sent the case to an inde- protections and urge a no vote on this harmful we don’t protect the middle class through sen- pendent administrative law judge who is now legislation. sible, longstanding safeguards such as those considering arguments and evidence from Mr. MORAN. Mr. Speaker, today the House set out by the NLRA, the economy will never both sides in the dispute. Even if the judge of Representatives passed H.R. 2587, the recover. finds that Boeing did discriminate against Protecting Jobs from Government Interference Sadly, those on the other side of the aisle workers for exercising their legal rights, Boe- Act. This legislation, should it become law, are desperate to return to policies that created ing could still argue that it would have made would destroy a pillar of America’s economic the recession. They want tax cuts for the rich- this business decision anyway or that moving prosperity when we need it most. The bill est and deregulation across the board. We production back to Washington state would strips the National Labor Relations Board of its have seen this before, and we know where it impose an undue burden. ability to sanction companies that retaliate leads. The bill before us is a response to a case against employees seeking to exercise a basic Future prosperity calls for a different ap- that has not even been decided and where the constitutional right. proach. Collective bargaining is part of one of burden of proof is high. Congress—which The facts of the case, though often the foundational rights set out in the First passed the laws under which the case is misreported or obscured by partisan disdain Amendment of the Constitution, the right to being adjudicated—should not intervene to de- for working people, are clear. Under a federal free assembly. It has worked for America’s termine the outcome of this ongoing judicial statute that has been in force since 1935, workers, it has been essential to the creation proceeding. More than that, Congress should workers at the Boeing Corporation complained of our broad middle class, and it is essential not pass a bill with impacts that would go far that the corporation moved a manufacturing that we preserve it. beyond the Boeing case and allow companies plant to a different state in direct retaliation for Mr. LANGEVIN. Mr. Speaker, I rise today in to ignore labor laws by shipping jobs not just labor strikes. The National Labor Relations strong opposition to H.R. 2587, or the to another state but to another country.

VerDate Mar 15 2010 01:44 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\A15SE7.023 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6212 CONGRESSIONAL RECORD — HOUSE September 15, 2011 In the past, the National Labor Relations H.R. 2587 will encourage employers to lations Board (NLRB) powerless and undoes Board has acted to prevent companies from move jobs to states with less worker protec- decades’ worth of improvements for worker’s shipping jobs to countries like Mexico in order tions. It will also make it easier to outsource rights. to avoid legal organizing efforts by American jobs to other countries. In my district, we’ve The National Labor Relations Act provides workers. Such actions would be impossible if seen plants close, thousands of workers lose workers with essential protections; protections this legislation were to become law. Union their jobs, and communities hurting as a re- that have resulted in a strong middle class. workers who want to use legally-protected sult. We should be creating good jobs in this This law prevents companies from retaliating rights to improve workplace safety or to main- country and ensuring that hard working Ameri- against workers who exercise their rights, tain middle-class wages and decent benefits cans don’t have to give up their rights when such as the right to strike, petition for better could see their jobs shipped overseas—away they go to work in the morning. One way we pay, demand safer working conditions, and from an American economy that is in des- can do that is by voting against this misguided form a union. perate need of more jobs, not fewer. bill and demonstrating that many of us in Con- It is the National Labor Relations Act that By creating these disincentives, H.R. 2587 gress still stand with the American worker. prevents companies from outsourcing or trans- would encourage a ‘‘race to the bottom.’’ Even Ms. HIRONO. Mr. Speaker, I rise today in ferring, subcontracting or relocating jobs for the threat of a plant shutdown would be a sig- strong opposition to H.R. 2587. In Hawaii, we discriminatory reasons. The Act protects jobs nificant disincentive to workers, who would believe in fairness and respect. We believe by prohibiting employers from taking work have no remedy to ensure enforcement of that working men and women should be able away from anyone—union or non-union—be- their legal rights. Workers could face a Hob- to come together to have a voice in their work- cause they have exercised their rights. Current son’s choice—either exercise legally-protected place, to be able to negotiate fair wages and law does not dictate where companies can rights and risk their jobs being shipped over- benefits. This belief helped build the middle and cannot run their businesses; it merely en- seas, or forgo those rights and accept jobs class in Hawaii and across the nation. sures that companies are not permitted to re- that may come with low wages, inadequate Right now what working men and women locate to another state or to another country in benefits, and dangerous working conditions. most need are champions in their corner: order to pay workers lower wages. Rights are not rights unless they are en- champions who are fighting for jobs. Instead, The National Labor Relations Acts protects forceable. Workers will not have a voice at this bill aims its fire at our working families. It’s the rights of American workers, and keeps work if any time they seek to speak out, they another direct assault on workers’ rights. American jobs from being shipped overseas, can see their jobs disappear to another coun- Because companies today can move their so long as the Act has an effective enforce- try. business operations for any business reason ment mechanism. The Protecting Jobs from Mr. LARSON of Connecticut. Mr. Speaker, I at all, except an illegal one. Retaliating against Government Interference Act strips that mech- rise today in strong opposition to this legisla- workers who want to join a union is illegal. anism, the National Labor Relations Board tion. President Franklin Delano Roosevelt said This bill changes that. (NLRB) of its ability to enforce the law by en- about the National Labor Relations Act, which It says companies can go ahead and move suring jobs that are unlawfully outsourced are created the National Labor Relations Board, jobs to other states or even other countries to returned to America. The NLRB, for example, that ‘‘by preventing practices which tend to de- punish their workers. This would have a was able to order jobs back to America from stroy the independence of labor, it seeks, for chilling effect on any attempt by workers to Mexico in 2000, when the jobs were relocated overseas to prevent workers from unionizing. every worker within its scope, that freedom of ask for a seat at the bargaining table. And H.R. 2587 would not only prevent the NLRB choice and action which is justly his.’’ This leg- that’s just wrong. from protecting jobs from illegal outsourcing, it islation today would seek to undermine that Working men and women have already would also allow companies to subcontract freedom of choice and action by giving em- taken a big hit in their paychecks and retire- work away from unionized workers, and elimi- ments over the last few years. We shouldn’t ployers the ability to penalize workers who nate jobs done by pro-union employees. choose to exercise their right to organize and be making it easier for businesses to game This legislation undermines American work- encouraging companies to move their jobs the system. ers by eliminating laws that prevent employers overseas. Make no mistake, the majority is I urge my colleagues to stand with working from discriminating against workers that exer- using a disagreement with one decision made men and women to fight this bill and end cise their rights to competitive wages, benefits, by the NLRB as an opportunity to make these attacks on workers’ rights. and safe working environments. sweeping changes at the expense of the rights Mr. LEVIN. Mr. Speaker, 75 years ago the I am extremely disappointed that my Repub- of workers across the country. This is not what National Labor Relations Act was passed to lican friends are willing to create an atmos- the American people want and is not the di- give workers a say in the workplace—the right phere that forces hard working Americans to rection we should be heading as a country. to organize and bargain collectively. It was a compete for jobs based on who will accept the Instead the opportunity we must take advan- key to the building of the American middle lowest wages, worst benefits, and harshest tage of is the mandate that the American pub- class: a decent wage, health care, a pension. working conditions. This bill creates a race to lic has given us which is to work together to The Republicans want to repeal the legisla- the bottom that is simply not worthy of a great ensure that we are doing everything we can to tion of the last half of the 20th century—Social nation, and certainly not worthy of America. create jobs and get our economy going again. Security, Medicare, and Medicaid. And now Time after time, throughout the 20th cen- This divisive piece of legislation will only with the bill before the House, the majority tury, the nation turned to the labor community hinder that effort to work in a bipartisan man- party begins to repeal the National Labor Re- to build infrastructure, supply the Armed ner to reach the goal of reducing the unem- lations Act. Forces, and manufacture the materials that ployment rate and thus reducing the deficit. I This bill’s scope is monstrous. It prohibits constructed our great American cities, and urge my colleagues to oppose this bill and to the National Labor Relations Board, in cases time after time, hard working Americans an- get to work on creating jobs and growing our where an employer illegally acts against an swered the call and made this country great. economy. employee’s right to organize, to ‘‘rescind any It appears that my colleagues on the other Mr. STARK. Mr. Speaker, I rise today to op- relocation, transfer, subcontracting, outsourc- side of the aisle have decided to repay the pose H.R. 2587, the misnamed Protecting ing’’ anywhere. American workforce by forcing them to choose Jobs from Government Interference Act. This bill is part of the Republican effort to between their rights and their jobs. The Pro- This bill dismantles key functions of the Na- destroy the rights of workers to be rep- tecting Jobs from Government Interference Act tional Labor Relations Board and guts more resented in the workplace. It is an open invita- protects nothing but special interest and cor- than 70 years of established labor law in our tion to the further outsourcing of jobs. It is vital porate profits by undermining the law that pre- country. If this legislation becomes law, it to defeat this dangerous piece of legislation. vents discrimination against Americans who would eliminate nearly all worker protections Ms. JACKSON LEE of Texas. Mr. Speaker, simply want to exercise their rights. when companies illegally fire workers and I rise today to express my strong opposition to This bill forces Americans to compete for close or move plants in retaliation for union H.R. 2587, the Protecting Jobs from Govern- lower wages instead of strengthening the mid- activities. ment Interference Act. This legislation does dle class by providing employees with com- The proponents of this legislation claim that absolutely nothing to protect jobs; in fact, it petitive wages, fair benefits and safe working it will create jobs, but it does no such thing. In- puts them at risk. A more accurate title for this conditions. I will fight, as I have throughout my stead, it creates a race to the bottom with re- bill would be the Outsourcer’s Bill of Rights. tenure in Congress, to protect the middle class gard to workers’ rights. This bill sends a mes- This legislation is an assault on working by protecting American jobs. sage that we’ve abandoned the American Americans. H.R. 2587 guts the National Labor My Republican friends have not passed a worker. Relations Act, renders the National Labor Re- single bill to create jobs, and the Protecting

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\A15SE7.034 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6213 Jobs from Government Interference Act is no Congress should not be attempting to influ- tries like China, India, and the Phil- exception. In fact, this reckless legislation ence the NLRB process for political gains. ippines? threatens American jobs and undermines The NLRB is an independent adjudicatory Under the Republican bill, if a com- workers’ rights while safeguarding special in- agency. pany sends an American job overseas terest. I urge my colleagues to oppose this We need to protect the independence of the illegally, the NLRB is stripped of its harmful legislation, and instead focus our ef- NLRB and allow it to do its job. authority to do anything about it. forts on a bipartisan jobs bill that will foster a Instead of playing politics we should instead Why would any Member of this House new age of American ingenuity and prosperity. be focused on creating jobs and getting our intentionally want to allow corpora- Mr. KUCINICH. Mr. Speaker, I rise in strong economy back on track. tions to ship American jobs to China in opposition to H.R. 2587. H.R. 2587 would se- Last week, the President challenged this violation of the law amid the largest verely undermine the intent of the National Congress to put aside partisanship and get to American jobs crisis in a generation? Labor Relations Act, which is to give workers work on creating jobs. Mr. Speaker, my amendment is very and their employers a fair and level playing The single biggest action Congress could simple, and it does not kill the under- field, and it is another flagrant attack on the take to save and create jobs is make signifi- lying bill. This final amendment sim- fundamental rights of the American worker. If cant investment in our transportation infra- ply maintains the National Labor Rela- this bill becomes law, the National Labor Rela- structure that will create private sector con- tions Board’s ability to go after cor- tions Board will be unable to impose a mean- struction jobs, invest in the repair and mainte- porations that illegally outsource jobs ingful penalty on an employer who violates the nance of highways, roads, bridges and transit, overseas. law by moving work elsewhere solely to avoid and set the foundation for future economic b 1240 employees who exercise their rights. This bill growth. sends a signal to American workers that the This is what we should be talking about This is just good old-fashioned com- rights of multinational corporations to today. Not attacking an independent agency mon sense. outsource their jobs are more important than that is simply doing its job. Again I ask, why would we say to their fundamental right to organize. I urge my colleagues to vote no on this bill corporations, ‘‘Go ahead. Violate the Mr. Speaker, the American Middle Class and allow the NLRB to determine this case law. Ship good jobs to India and China. made this country great, but predictions for its based on the facts and law—not on politics. We’ll just turn our heads the other future are dire. We have had forty years of And let’s get back to work doing what the way’’? That doesn’t make any sense, wage stagnation for Americans, coupled with American public wants us to do—creating and it would certainly kill jobs here in record corporate profits. Yet, over 5 million jobs. America. Yet section 2 of the bill clear- manufacturing jobs have been lost in the past The SPEAKER pro tempore. All time ly states that the board shall have no decade, and since the start of the Recession for debate has expired. power to order an employer to restore alone, we have lost more than 7 million jobs. Pursuant to House Resolution 372, or reinstate any work product, produc- American workers today are already more vul- the previous question is ordered on the tion line, or equipment to rescind any nerable to being fired without cause, more vul- bill, as amended. relocation, transfer, subcontracting, or nerable to not getting severance, and more The question is on the engrossment outsourcing. vulnerable to being part of a mass layoff with and third reading of the bill. Let me say that again, ‘‘or outsourc- little notice than any worker in any other com- The bill was ordered to be engrossed ing.’’ parable western country—countries like the and read a third time, and was read the The bill makes no exception for vio- UK, Australia, Canada, Ireland, France and third time. lations of the law. Why would we want Germany. MOTION TO RECOMMIT to undermine enforcement of the law This legislation will make the situation Mr. BISHOP of New York. Mr. Speak- rather than address violations of the worse. This goal of this bill is to snuff out the er, I have a motion to recommit at the law? right of the American worker to seek justice desk. Chairman KLINE just said that we when their fundamental rights are trampled The SPEAKER pro tempore. Is the have some fundamental differences. upon. gentleman opposed to the bill? He’s right. We do. But if we can agree Do not be fooled. This bill is not about some Mr. BISHOP of New York. In its cur- on nothing else, we should be able to lofty economic principle of ‘‘free movement of rent form, I am. agree that outsourcing American jobs capital to invest where it sees fit.’’ This is not The SPEAKER pro tempore. The to foreign countries like China and about ‘‘big government interfering with job cre- Clerk will report the motion to recom- India is a scourge on our current ef- ation.’’ No, this bill is about destroying unions mit. forts to create jobs here at home and and about interfering with an ongoing legal The Clerk read as follows: that we should do everything in our proceeding brought by an independent agency Mr. Bishop of New York moves to recom- power to stop outsourcing. tasked by the United States Congress with mit the bill, H.R. 2587, to the Committee on Mr. Speaker, outsourcing is a real protecting both employees and employers Education and the Workforce with instruc- problem for our economy. The relent- against violations of our nation’s labor laws. If tions to report the bill back to the House less pursuit of a less expensive work- you care about the future of the American forthwith with the following amendment: force to the detriment of the American middle class and American workers, I urge At the end of the bill, insert the following: worker is deplorable. Corporations all SEC. 4. PROTECTING U.S. JOBS FROM OVERSEAS over the country are moving the jobs of you to reject this bill. OUTSOURCING. Mr. LARSEN of Washington. Mr. Speaker, I hardworking Americans overseas. Esti- Nothing in this Act or the amendment mates indicate that American jobs are rise today in opposition to H.R. 2587, the made by this Act shall limit the National ‘‘Protecting Jobs from Government Inter- Labor Relations Board’s authority to order being sent overseas at a rate of 12,000 ference Act.’’ an employer to maintain or restore jobs to 15,000 jobs per month. This bill is before us because of an ongoing within the United States that have been or According to a study by Duke Uni- dispute between the International Association will otherwise be outsourced to a foreign versity, more than 50 percent of compa- of Machinists and the Boeing Company that country in violation of the National Labor nies have offshoring strategies in place, stems from an issue involving my district in Relations Act. up from 22 percent in 2005. Further- Washington State. The SPEAKER pro tempore. Pursu- more, 60 percent of companies cur- The case is proceeding through a well-es- ant to the rule, the gentleman is recog- rently offshoring say they have plans tablished process where the facts of the case nized for 5 minutes in support of his to aggressively expand outsourcing ac- and the application of the law to those facts motion. tivities. will be determined by an Administrative Law Mr. BISHOP of New York. Mr. Speak- Finally, the Commerce Department Judge, the National Labor Relations Board er, the bill before us today would pro- tells us that the American companies (NLRB), and possibly the federal courts. hibit the National Labor Relations cut their workforces in the U.S. by 2.9 This case should be determined based on Board from ordering any employer to million workers over the last decade the facts and the law—not on politics. close, relocate, or transfer employment while increasing employment overseas For this bill to come to the floor while this under any circumstance. Any cir- by 2.4 million. case is ongoing is troublesome and threatens cumstance? What about jobs that are Mr. Speaker, this final amendment the independence of the NLRB. illegally outsourced to foreign coun- does not kill the bill. It simply allows

VerDate Mar 15 2010 02:59 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A15SE7.027 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6214 CONGRESSIONAL RECORD — HOUSE September 15, 2011 the cops to go after the robbers. It al- I urge my colleagues to vote ‘‘no’’ on NAYS—235 lows the NLRB to enforce the law when the motion to recommit and ‘‘yes’’ on Adams Goodlatte Nunnelee someone violates the law. The amend- the underlying bill. Aderholt Gosar Olson ment does nothing to prevent private Akin Gowdy Palazzo I yield back the balance of my time. Alexander Granger Paul businesses from making decisions The SPEAKER pro tempore. Without Amash Graves (GA) Paulsen about where their operations are best objection, the previous question is or- Amodei Graves (MO) Pearce Austria Griffin (AR) Pence located as long as that activity is not dered on the motion to recommit. in violation of the National Labor Re- Bachus Griffith (VA) Petri There was no objection. Bartlett Grimm Pitts lations Act. The SPEAKER pro tempore. The Barton (TX) Guinta Platts Again, this is just common sense. A Bass (NH) Guthrie Poe (TX) vote for this final amendment is a vote question is on the motion to recommit. Benishek Hall Pompeo The question was taken; and the Berg Hanna Posey to protect American jobs from out- Biggert Harper Price (GA) sourcing. I urge my colleagues to join Speaker pro tempore announced that Bilbray Harris Quayle me in protecting American jobs. the noes appeared to have it. Bilirakis Hartzler Reed I yield back the balance of my time. Mr. BISHOP of New York. Mr. Speak- Bishop (UT) Hastings (WA) Rehberg Mr. KLINE. Mr. Speaker, I rise in op- Black Hayworth Reichert er, on that I demand the yeas and nays. Blackburn Heck Renacci position to the motion to recommit. The yeas and nays were ordered. Bonner Hensarling Ribble The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. Pursu- Bono Mack Herger Rigell Boustany Herrera Beutler Rivera tleman from Minnesota is recognized ant to clause 9 of rule XX, the Chair for 5 minutes. Brady (TX) Huelskamp Roby will reduce to 5 minutes the minimum Brooks Huizenga (MI) Roe (TN) Mr. KLINE. I appreciate the words of time for any electronic vote on the Broun (GA) Hultgren Rogers (AL) my colleague from New York, but if he question of passage. Buchanan Hunter Rogers (KY) and others on the other side of the Bucshon Hurt Rogers (MI) aisle are looking for a way to stop jobs The vote was taken by electronic de- Buerkle Issa Rohrabacher vice, and there were—yeas 189, nays Burgess Jenkins Rokita from going overseas, I’ve got really Burton (IN) Johnson (IL) Rooney good news for him. H.R. 2587 is a step in 235, not voting 9, as follows: Calvert Johnson (OH) Ros-Lehtinen the right direction. [Roll No. 710] Camp Johnson, Sam Roskam Right now, the National Labor Rela- Campbell Jordan Ross (FL) YEAS—189 Canseco Kelly Royce tions Board is exercising an extreme Ackerman Fudge Neal Cantor King (IA) Runyan remedy that has a chilling effect on job Altmire Garamendi Olver Capito King (NY) Ryan (WI) creators here and potential job cre- Andrews Gonzalez Owens Carter Kingston Scalise ators who would like to come here Baca Green, Al Pallone Cassidy Kinzinger (IL) Schilling Baldwin Green, Gene Pascrell Chabot Kline Schmidt from abroad. And right now, Members Barrow Grijalva Pastor (AZ) Chaffetz Labrador Schock of Congress have an opportunity to Bass (CA) Gutierrez Payne Coble Lamborn Schweikert say, ‘‘Stop.’’ Becerra Hahn Pelosi Coffman (CO) Lance Scott (SC) But don’t take my word for it. Listen Berkley Hanabusa Perlmutter Cole Landry Scott, Austin Berman Hastings (FL) Peters Conaway Lankford Sensenbrenner to the employers, themselves. Bishop (GA) Heinrich Peterson Cravaack Latham Sessions Recently, the National Association of Bishop (NY) Higgins Pingree (ME) Crawford LaTourette Shimkus Manufacturers asked thousands of Blumenauer Himes Polis Crenshaw Latta Shuster American manufacturers a simple Boren Hinchey Price (NC) Culberson Lewis (CA) Simpson Boswell Hinojosa Quigley Davis (KY) LoBiondo Smith (NE) question about the Boeing complaint, Brady (PA) Hirono Rahall Denham Long Smith (NJ) which was: Could this NLRB complaint Braley (IA) Hochul Rangel Dent Lucas Smith (TX) negatively impact your decisions on Brown (FL) Holden Reyes DesJarlais Luetkemeyer Southerland hiring or workforce expansion plans? Butterfield Holt Richardson Diaz-Balart Lummis Stearns Capps Honda Richmond Dold Lungren, Daniel Stivers Sixty-nine percent of those manufac- Cardoza Hoyer Ross (AR) Dreier E. Stutzman turers who responded to the survey Carnahan Inslee Rothman (NJ) Duffy Mack Sullivan said, yes, this complaint could nega- Carney Israel Roybal-Allard Duncan (SC) Manzullo Terry tively impact decisions to grow their Carson (IN) Jackson (IL) Ruppersberger Ellmers Marchant Thompson (PA) Castor (FL) Jackson Lee Rush Emerson McCarthy (CA) Thornberry businesses and hire new workers. Chandler (TX) Ryan (OH) Farenthold McCaul Tiberi At a recent hearing of the Education Chu Johnson (GA) Sa´ nchez, Linda Fincher McClintock Tipton and the Workforce Committee, former Cicilline Johnson, E. B. T. Fitzpatrick McCotter Turner (NY) NLRB Chairman Peter Schaumber de- Clarke (MI) Jones Sanchez, Loretta Flake McHenry Turner (OH) Clarke (NY) Kaptur Sarbanes Fleischmann McKeon Upton scribed an encounter with 60 Canadian Clay Keating Schakowsky Fleming McKinley Walberg business leaders. Mr. Schaumber told Cleaver Kildee Schiff Flores McMorris Walden us, ‘‘A few with whom I had an oppor- Clyburn Kind Schrader Forbes Rodgers Walsh (IL) Cohen Kissell Schwartz Fortenberry Meehan West tunity to speak with afterwards ex- Connolly (VA) Kucinich Scott (VA) Foxx Mica Westmoreland pressed real concern about doing busi- Conyers Langevin Scott, David Franks (AZ) Miller (FL) Whitfield ness in the United States as a result of Cooper Larsen (WA) Serrano Frelinghuysen Miller (MI) Wilson (SC) the agency’s complaint against the Costa Larson (CT) Sewell Gallegly Miller, Gary Wittman Costello Lee (CA) Sherman Gardner Mulvaney Wolf Boeing Company.’’ Courtney Levin Shuler Garrett Murphy (PA) Womack Thanks to the NLRB’s actions, ef- Critz Lipinski Sires Gerlach Myrick Woodall forts by manufacturers to hire workers Crowley Loebsack Slaughter Gibbs Neugebauer Yoder Cuellar Lofgren, Zoe Smith (WA) Gibson Noem Young (AK) are being undermined, and inter- Cummings Lowey Speier Gingrey (GA) Nugent Young (FL) national employers are concerned Davis (CA) Luja´ n Stark Gohmert Nunes Young (IN) Davis (IL) Lynch Sutton about doing business here in the United NOT VOTING—9 States. This is the hostile environment DeFazio Maloney Thompson (CA) DeGette Markey Thompson (MS) Bachmann Giffords Nadler to new jobs and economic growth that DeLauro Matheson Tierney Barletta Lewis (GA) Waxman is created by this decision, and it must Deutch Matsui Tonko Capuano Marino Webster end. Dicks McCarthy (NY) Towns So, as I noted earlier today, we can Dingell McCollum Tsongas b 1312 Doggett McDermott Van Hollen stand by or sit by, or we can stand up Donnelly (IN) McGovern Vela´ zquez Messrs. CARTER, TERRY, and do something about it. My friends Doyle McIntyre Visclosky MULVANEY, AMODEI, BILIRAKIS, had ample opportunities to offer Duncan (TN) McNerney Walz (MN) TURNER of Ohio, LOBIONDO, and Edwards Meeks Wasserman amendments in committee. They chose Ellison Michaud Schultz RUNYAN changed their vote from not to do that. It was a procedural Engel Miller (NC) Waters ‘‘yea’’ to ‘‘nay.’’ step. I understand that. It doesn’t go to Eshoo Miller, George Watt Ms. BROWN of Florida, Messrs. fix the hostile environment that has Farr Moore Welch DAVIS of Illinois, CONYERS, Fattah Moran Wilson (FL) been brought forward by this activist Filner Murphy (CT) Woolsey GARAMENDI, and OLVER changed NLRB. Frank (MA) Napolitano Yarmuth their vote from ‘‘nay’’ to yea.’’

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.051 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6215 So the motion to recommit was re- Tiberi Walsh (IL) Womack had I been present: rollcall No. 699—yes; roll- jected. Tipton West Woodall call No. 700—yes; rollcall No. 701—yes; roll- Turner (NY) Westmoreland Yoder The result of the vote was announced Turner (OH) Whitfield Young (FL) call No. 702—yes; rollcall No. 703—no; rollcall as above recorded. Upton Wilson (SC) Young (IN) No. 704—yes; rollcall No. 705—no; rollcall No. Walberg Wittman 706—no; rollcall No. 707—no; rollcall No. The SPEAKER pro tempore. The Walden Wolf question is on the passage of the bill. 708—no; rollcall No. 709—yes; rollcall No. The question was taken; and the NAYS—186 710—yes; rollcall No. 711—no. Speaker pro tempore announced that Ackerman Gonzalez Neal f Altmire Green, Al Olver the ayes appeared to have it. Andrews Green, Gene Owens LEGISLATIVE PROGRAM Mr. ANDREWS. Mr. Speaker, on that Baca Grijalva Pallone (Mr. HOYER asked and was given I demand the yeas and nays. Baldwin Grimm Pascrell permission to address the House for 1 The yeas and nays were ordered. Bass (CA) Gutierrez Pastor (AZ) Becerra Hahn Payne minute.) The SPEAKER pro tempore. This is a Berkley Hanabusa Pelosi Mr. HOYER. Mr. Speaker, I yield to 5-minute vote. Berman Hastings (FL) Perlmutter Bishop (GA) Heinrich Peters the majority leader, the gentleman The vote was taken by electronic de- Bishop (NY) Higgins Peterson from Virginia (Mr. CANTOR), for the vice, and there were—yeas 238, nays Blumenauer Himes Pingree (ME) purposes of inquiring of the majority 186, not voting 9, as follows: Boswell Hinchey Polis Brady (PA) Hinojosa Price (NC) leader the schedule for the week to [Roll No. 711] Braley (IA) Hirono Quigley come. YEAS—238 Brown (FL) Hochul Rahall Mr. CANTOR. I thank the gentleman Butterfield Holden Rangel from Maryland, the Democratic whip, Adams Frelinghuysen McMorris Capps Holt Reyes Aderholt Gallegly Rodgers Cardoza Honda Richardson for yielding. Akin Gardner Mica Carnahan Hoyer Richmond Mr. Speaker, on Monday, the House Alexander Garrett Miller (FL) Carney Inslee Rothman (NJ) will meet at noon in pro forma session. Amash Gerlach Miller (MI) Carson (IN) Israel Roybal-Allard On Tuesday, the House will meet at Amodei Gibbs Miller, Gary Castor (FL) Jackson (IL) Ruppersberger noon for morning-hour and 2 p.m. for Austria Gingrey (GA) Mulvaney Chandler Jackson Lee Rush Bachus Gohmert Murphy (PA) Chu (TX) Ryan (OH) legislative business, with votes post- Barrow Goodlatte Myrick Cicilline Johnson (GA) Sa´ nchez, Linda poned until 6:30 p.m. Bartlett Gosar Neugebauer Clarke (MI) Johnson, E. B. T. On Wednesday and Thursday, the Barton (TX) Gowdy Noem Clarke (NY) Kaptur Sanchez, Loretta House will meet at 10 a.m. for morning- Bass (NH) Granger Nugent Clay Keating Sarbanes Benishek Graves (GA) Nunes Cleaver Kildee Schakowsky hour and noon for legislative business. Berg Graves (MO) Nunnelee Clyburn Kind Schiff On Friday, the House will meet at 9 Biggert Griffin (AR) Olson Cohen Kissell Schrader a.m. for legislative business. Last votes Bilbray Griffith (VA) Palazzo Connolly (VA) Kucinich Schwartz Bilirakis Guinta Paul Conyers Langevin Scott (VA) of the week are expected no later than Bishop (UT) Guthrie Paulsen Costa Larsen (WA) Scott, David 3 p.m. on Friday. Black Hall Pearce Costello Larson (CT) Serrano The House will consider a few bills Blackburn Pence Hanna Courtney LaTourette Sewell under a suspension of the rules on Bonner Harper Petri Critz Lee (CA) Sherman Bono Mack Harris Pitts Crowley Levin Sires Tuesday and possibly Wednesday. A Boren Hartzler Platts Cummings Lipinski Slaughter complete list of suspension bills will be Boustany Hastings (WA) Poe (TX) Davis (CA) Loebsack Smith (WA) Brady (TX) Pompeo announced by the close of business to- Hayworth Davis (IL) Lofgren, Zoe Speier morrow afternoon. Brooks Heck Posey DeFazio Lowey Stark Broun (GA) Hensarling Price (GA) DeGette Luja´ n Sutton The House will also consider a short- Buchanan Herger Quayle DeLauro Lynch Thompson (CA) term continuing resolution to fund the Bucshon Herrera Beutler Reed Deutch Maloney Thompson (MS) government, and Members are advised Buerkle Huelskamp Rehberg Dicks Markey Tierney Burgess Reichert that the rule debate for that measure Huizenga (MI) Dingell Matsui Tonko Burton (IN) Renacci Hultgren Doggett McCarthy (NY) Towns may take place on Tuesday. I do not Calvert Ribble Hunter Donnelly (IN) McCollum Tsongas expect the resolution, itself, however, Camp Rigell Hurt Doyle McDermott Van Hollen Campbell Rivera to be debated until Wednesday. Issa Edwards McGovern Vela´ zquez Canseco Roby Finally, we will take up H.R. 1705, Jenkins Ellison McKinley Visclosky Cantor Roe (TN) Johnson (IL) Engel McNerney Walz (MN) the bipartisan Transparency in Regu- Capito Rogers (AL) Johnson (OH) Eshoo Meehan Wasserman latory Analysis of Impacts on the Na- Carter Rogers (KY) Johnson, Sam Farr Meeks Schultz Cassidy Rogers (MI) tion, otherwise known as the TRAIN Jones Fattah Michaud Waters Chabot Rohrabacher Act, which will measure the full con- Jordan Filner Miller (NC) Watt Chaffetz Rokita Kelly Fitzpatrick Miller, George Welch sequences of regulations on job cre- Coble Rooney Frank (MA) Moore Wilson (FL) Coffman (CO) King (IA) Ros-Lehtinen ation and, in particular, the Utility King (NY) Fudge Moran Woolsey MACT and Cross-State Air Pollution Cole Roskam Garamendi Murphy (CT) Yarmuth Conaway Kingston Ross (AR) Rules. Kinzinger (IL) Gibson Napolitano Young (AK) Cooper Ross (FL) If any additional legislation is added Cravaack Kline Royce NOT VOTING—9 Crawford Labrador Runyan to next week’s schedule, it will be an- Bachmann Giffords Nadler Crenshaw Lamborn Ryan (WI) nounced by close of business tomorrow. Barletta Lewis (GA) Waxman Cuellar Lance Scalise Capuano Marino Webster Mr. HOYER. I thank the gentleman Culberson Landry Schilling for his information. I note that he has Davis (KY) Lankford Schmidt b 1322 Denham Latham Schock indicated the CR will be considered Dent Latta Schweikert So the bill was passed. sometime next week, either Tuesday, DesJarlais Lewis (CA) Scott (SC) The result of the vote was announced but most likely on Wednesday. It’s my LoBiondo Diaz-Balart Scott, Austin as above recorded. understanding that the supplemental Dold Long Sensenbrenner Dreier Lucas Sessions A motion to reconsider was laid on for emergency requirements of FEMA Duffy Luetkemeyer Shimkus the table. will be included in the CR; is that accu- Duncan (SC) Lummis Shuler Stated for: rate? Duncan (TN) Lungren, Daniel Shuster Ellmers E. Simpson Mr. WEBSTER. Mr. Speaker, on rollcall No. Mr. CANTOR. I’d say to the gen- Emerson Mack Smith (NE) 711, I was attending a memorial service in tleman that what will be in the CR is Farenthold Manzullo Smith (NJ) Florida. Had I been present, I would have the budgeted amount for all of fiscal Fincher Marchant Smith (TX) year 2012, which is $2.65 billion, will be Flake Matheson Southerland voted ‘‘yea.’’ Fleischmann McCarthy (CA) Stearns f in the CR, front-loaded. In other words, Fleming McCaul Stivers the agency will have access to all of Flores McClintock Stutzman PERSONAL EXPLANATION those funds prior to the expiration of Forbes McCotter Sullivan Mr. CAPUANO. Mr. Speaker, this week I Fortenberry McHenry Terry the CR November 18. Foxx McIntyre Thompson (PA) missed several rollcall votes and I wish to In addition to that, we have, as the Franks (AZ) McKeon Thornberry state for the RECORD how I would have voted gentleman knows, funded out of this

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.053 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6216 CONGRESSIONAL RECORD — HOUSE September 15, 2011 House the emergency supplemental, I yield to my friend. geting a fund which has demonstrably which was $1 billion more than that Mr. CANTOR. Sure, I do. And, Mr. grown jobs in America. Some 39,000 which the agency had requested, all of Speaker, I know the gentleman is com- jobs have been created as a result of which was offset. That, too, will be in mitted to paying for what we spend, loans out of this fund. There is $3.9 bil- the CR. and he, if anyone, would put as a pri- lion. You indicate there is still money Mr. HOYER. I thank the gentleman. ority that we ought to act accordingly. in the account. You’re absolutely right When you say all of that has been off- I find it somewhat ironic that the on that. But there are pending re- set, it is my understanding that in fact gentleman is defending what occurred quests, again, which would result in in the CR for 2011—not for 2012, but for during the Bush administration, as I 50,000 to 60,000 new jobs, which would 2011—there is a $1.5 billion offset in- will posit what occurred during the be revenue creation for the Federal cluded; is that accurate? Clinton administration, because Presi- Government. b 1330 dent Clinton, under his administration, So, in fact, it appears that we may be actually signed four separate cutting off our nose to spite our face Mr. CANTOR. Yes, that is accurate. here, and I would urge the gentleman Mr. HOYER. And it’s further my un- supplementals that were offset, including flooding and the Oklahoma City to perhaps revisit this. derstanding that that offset, which is The gentleman mentioned the Clin- unusual in that, as the gentleman bombing. So the gentleman is correct; there’s ton administration. As the gentleman knows, during the Bush administra- will well recall, the concerns were not tion, as happens, we had natural disas- precedent on either side. I think he would agree with me, Mr. Speaker, as high then because, during the Clin- ters and emergencies—hurricanes, ton administration, of course, we were floods, even earthquakes—that require that now is the time for us to begin to really put forth a concerted effort to creating over 3 million jobs per year on local governments and local agencies average so that the private sector was and individuals to respond, and we act responsibly, not just say we’re going to act responsibly and attempt humming along very well and created have responded to them with assist- 22 million jobs during the Clinton ad- ance, but the eight times that we did to off-lay the obligation to the Joint Select Committee. We have an oppor- ministration. that during the Bush administration, Unfortunately, that was not the case we did not offset it. We did not offset it tunity to do so now. And the gentleman refers to the off- in the last administration, nor has it on the theory that this was an emer- yet been the case in this administra- gency that occurred that was un- set that some on his side have raised as an objection. I would say to the gen- tion, although there were 2 million planned for and that we would, in fact, jobs, as the gentleman knows, created obviously pay for it, but pay for it in tleman, the facts are: There’s currently $4 billion in unobligated budget author- in the last 20 months. However, the last subsequent years. 2 months have been stagnant, and It’s my understanding that the offset ity remaining under the Advanced Technology Vehicles Manufacturing that’s not good for anybody. It’s not that is being considered is $1.5 billion good for Republicans or Democrats, from the Advanced Technology Vehicle Loan program, and this so-called pay- for just rescinds a billion and a half of but, more importantly, it’s not good fund. The problem with that, as I see for the country. Therefore, I would that total, and the program will have it, is we are talking about creating urge us to make sure that we do not jobs, and the President has presented a remaining in it $2.5 billion. I think it’s worthy of note, Mr. target a fund which has already demon- jobs bill. I’ll talk about that in just a strably created jobs. Speaker, that this money has been lay- minute. But the fund that is in ques- Mr. CANTOR. Mr. Speaker, I thank ing around since September 30, 2008. tion to date has created 39,000 jobs, and the gentleman. Mr. Speaker, if I could the loan applications in progress are That is 3 years. respond to the gentleman. projected to create 50,000 or 60,000 addi- So I don’t think, Mr. Speaker, that First of all, the gentleman knows tional jobs. anyone is intending to do anything good and well that the situation with Therefore, if we use this as an offset, damaging to potential job creation the Federal debt was entirely different which would set a precedent, although here. What we’re trying to do is finally back under the Clinton administration I understand that precedent’s not being face facts. We in this body, in this times. followed for 2012, what we are doing, in town, must stop the Federal Govern- Mr. HOYER. Reclaiming my time. I my view, Mr. Leader, is undermining a ment from continuing to spend money do know that very, very well. We had specific item in the current scheme of it doesn’t have. surpluses, not deficits. things that is, in fact, creating jobs, as And I yield back. Mr. CANTOR. And there was also a I said, 39,000 jobs, with the loan appli- Mr. HOYER. I thank the gentleman Republican Congress that was at work cations that are in progress now ex- for yielding. trying to help job creation then at that pected to create an additional 50,000 to Of course it’s money the government time as well. So if one wants to claim, 60,000 jobs, that we undermine that ef- doesn’t have. As you know, revenues we both can claim credit. But as the fort. are at the lowest point they’ve been in gentleman knows, I prefer to look for- Frankly, on our side, we would hope some six decades in America—on one ward to see if we can work together. that we could return to what is prece- hand because we are not collecting rev- So with that in mind, the gentleman, dent, and that is, in an emergency, re- enue and, on the other hand, because of anyone in this body, has been com- spond with emergency funding as we people don’t have money in their pock- mitted to trying to take a fiscally re- did throughout the Bush administra- ets to pay revenues. They’re not work- sponsible approach, and that’s what tion, not with the concept that we ing; therefore, they’re not paying we’re trying to do here. I would say to wouldn’t pay for it. You and I both taxes, and therefore, revenues are down the gentleman, instead of just trying agree that paying for this is critically for those two reasons. to claim numbers, as if there is some important, and in fact, I think you and I would say to my friend that it’s my panacea going on here and as if the I are both of the opinion that, hope- understanding that the account that move to offset using funds obligated for fully, the committee of 12 is set up to you have targeted has some $3.9 billion this program would somehow threaten look at how we get our finances back in pending requests, which are the job creation, if you look at the num- in line with our revenues and expendi- items that would lead to 50,000 to 60,000 bers, this year, all that has been allo- tures, that that needs to be done. new jobs. cated from the available $4 billion is But certainly, this is a new prece- Now, at a time when we’re not cre- $780 million. That’s all that’s been allo- dent. And, unfortunately, it appears ating sufficient jobs for our people— cated and approved under this pro- that you have targeted—I don’t mean let’s assume, for the sake of argument, gram. Again, remember, the money has you, personally, but the CR would tar- you want to offset this money. You and been laying around since September 30 get a particular item that is exactly I both agree it ought to be paid for. of 2008. That’s 3 years. what we want to do, and that is cre- The question is: When do you pay for In addition, Mr. Speaker, I’d say to ating jobs. it? Do we pay for it right now? the gentleman, the gentleman claims Would the gentleman like to com- The fact of the matter is, if you tar- the 33,000 jobs that were actually cre- ment on that? get this particular fund, you are tar- ated by this program, but many would

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.056 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6217 say that these jobs already existed at Obviously, the gentleman is correct, dent’s plan that we take strong dis- existing Ford Motor Company plants. but I want to tell the gentleman also agreement with. And the administration, I know, has that if you keep cutting revenues, as So I do think the American people do claimed that these jobs have been we did in 2001 and 2003, and then you want us to try and drive towards re- saved when there’s no indication that, keep escalating spending, as we did sults here, and I do think there are in reality, that is the case. over the last 10 years, inevitably you’re some areas we can work on together. So, again, instead of trying to make going to get to the point where that We support the extension bonus de- all these claims and trying and con- family is not going to have any reve- preciation. We support removing the tinue to make promises that, frankly, nues to pay its bills, as the gentleman pending application of the withholding can’t be substantiated, what we’re try- points out. on government contractors. We support ing to do is do what every family’s got But it’s inevitable that when you facilitating and increasing small busi- to do around its table and every small continue to cut revenues and if you ness access to capital. We support in- business person has got to do at the don’t cut spending, you’re going to be centives to hire veterans. We support end of each pay period—figure out how in trouble. That didn’t happen in the reforming the unemployment insur- they’re going to make it through the last decade. It didn’t happen in the last ance system in this country, free trade end of the month. administration. In fact, as you know, agreements. We would love to enter- b 1340 exactly the opposite happened. We es- tain serious discussions on how you reform this system so that we can get a Just as if a family was facing a situa- calated spending more than we did better return and improve infrastruc- tion where they had saved $25,000, under the Clinton administration; and, ture spending in this country. $30,000 and they wanted to use that therefore, we find ourselves in a hole. There are many areas. Small busi- money to buy a new car, and God for- The economy went into the tank, and ness tax relief, the President discussed. bid somebody got very sick that needed it’s struggling. We have our own ideas. As the gen- that money in their family. Most fami- I agree with you. It doesn’t matter tleman knows, the House is proceeding lies are going to take that money and why it’s struggling, who’s to blame. on our agenda for job creation. It’s decide not to buy the new car and in- It’s struggling. As a result, what the rolling back regulations that are im- stead help the family member who President has done is come before us peding job growth, the one that was needs it. and said, Look, here’s a jobs bill. We That’s what we’re trying to do here, need to build jobs. I’m not going to go just passed prior to the Members leav- Mr. Speaker. We’re not trying to sug- through all the polling data. I’m sure ing the Chamber today. We will have gest that perhaps there isn’t some my friend has seen it. There’s a recent one every week that we believe, after laudable intent under this program. CNN poll which shows that the public, having consulted with small businesses What we’ve identified is moneys by big numbers, wants us to focus on around this country, are getting in the unspent that have been obligated, mon- creating, building, expanding jobs. And way of their jumping back in the game eys that apparently do not go out as very frankly, the public believes that of job creation. quickly as the gentleman may suggest you need to invest to do that, by pretty So we all have ideas. It’s not just the to, as he says and claims, create jobs, good numbers. President’s plan that will come up in and take that money and prioritize it I’m for disciplining spending. I will this House. We are going to work to- by saying it belongs to help the people vote to discipline spending, but I don’t gether to find areas of agreement. in a disaster so they can get the relief think that targeting job-creation So I look forward to working with they need. projects is the way to discipline it the gentleman to achieve that end so Mr. HOYER. I thank the gentleman when Americans all over this country that, yes, the middle class in this coun- for that response. are really hurting because there are try can get back to work as we see We could go back and forth on how not jobs available for them. small businesses beginning to rev up many jobs were, in fact, created. My I want to thank the gentleman for again towards an economic recovery. belief is that there were substantial what I think are very measured and Mr. HOYER. I thank the gentleman numbers of jobs created by this fund positive responses to the President’s for his comments. and the prospect of those 50,000 or suggestion on how we create jobs in I also want to say that, yes, I have 60,000 jobs is real, not ephemeral, not this country. I would ask the gen- seen his comments. I think they have just a debating point. tleman what plans the gentleman has been positive. I think the gentleman But I would say to my friend, my and his party has to move forward on has just gone through a list on places friend has been recently quoted, I’m the legislation that the President has where we can, perhaps, find common sure accurately, perhaps—and correct asked to create jobs, to invest in grow- ground. What we need, of course, is a me if I’m wrong—in saying that during ing our economy, and to help those vehicle, hopefully on this floor in the the first 8 months we focused on cuts of small businesses expand and create very near future, in which to find com- our ‘‘cut and grow,’’ and now we need jobs and to help those who do not have mon ground and also to offer alter- to focus on grow. I would tell my any job and who are worried about how natives that each of our parties or indi- friend, assuming that quote is accu- to put food on their family’s table, as viduals in this House think will, in rate, that, in fact, here we are again fo- well as investing in infrastructure and fact, grow the economy and create cused on cut, not on grow. keeping teachers on the job. jobs. I think that would be very useful. Clearly, whatever the specific num- We think this legislation is critically The President indicated in his speech ber is, I think that is, frankly, not re- important. We think the American peo- a sense of urgency that the American futable, that the investment in ad- ple in the most recent CNN poll have people feel. They gave us that message vanced manufacturing technology ve- responded very positively. They think very loud and clear. I think all of us hicles is, in fact, going to make us this is a productive way to go forward. share that message. To think about more competitive globally, is going to Can the gentleman tell me whether somebody being unemployed for 3 enhance the ability to make it in or not there are plans to have the com- months or 6 months or 18 months or 2 America, not only to succeed in Amer- mittees move forward or for us to move years, not want to, and have the ability ica but to make ‘‘it’’—in this case, ad- forward on this legislation? to work and can’t find a job is a crisis, vanced vehicles which are competitive Mr. CANTOR. I thank the gentleman. is in fact a depression in that person’s in the international markets. The gentleman may have seen re- life—not only psychologically but actu- This is a specific area where we have marks I made earlier in this week and ally. tried to invest in making sure that we last week about the President’s job So I would urge the gentleman to make ‘‘it’’—in this case, advanced plan. What I said is there is a lot of bring something to the floor as soon as technology vehicles—and I don’t think area I think that we can actually work possible that incorporates that on it’s good policy for us to be focused on together on. I do reject the President’s which we can agree and gives us an op- cutting back on those areas which have demand for an all-or-nothing approach, portunity to offer solutions that, per- the promise of growth and jobs. That is that perhaps his way is the only way, haps, the House will agree on. And if what I tell my friend. because there are items in the Presi- not, we won’t agree.

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.058 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6218 CONGRESSIONAL RECORD — HOUSE September 15, 2011 I also welcome the gentleman’s rejec- There was no objection. hearing a lot from him in the many tion of the philosophy of ‘‘my way or f years to come. the highway.’’ We welcome that recognition, that, in fact, we have to REMOVAL OF NAME OF MEMBER f reach compromise if we’re going to AS COSPONSOR OF H.R. 1380 HONORING CORPORAL DAKOTA move this country forward. Mr. FITZPATRICK. Mr. Speaker, I If I might in closing, let me, perhaps, ask unanimous consent to withdraw MEYER ask you about the schedule longer term my name as a cosponsor of H.R. 1380. (Mr. PALAZZO asked and was given than next week. The SPEAKER pro tempore. Is there permission to address the House for 1 objection to the request of the gen- minute.) b 1350 tleman from Pennsylvania? Mr. PALAZZO. Mr. Speaker, I rise Obviously, we have a special com- There was no objection. today to honor one of my fellow ma- mittee. I think the gentleman and I are f rines and a truly brave and heroic both committed to—I know I am com- American, Corporal Dakota Meyer. CONGRATULATIONS TO LANDAU mitted to—the success of that com- This week, Corporal Meyer is receiving EUGENE MURPHY, JR. mittee. I think it is absolutely critical the highest military honor our Nation to give our business community con- (Mr. RAHALL asked and was given has to offer, the Congressional Medal of fidence, to give our people confidence, permission to address the House for 1 Honor. and to give the international commu- minute and to revise and extend his re- As a scout sniper with the Third Bat- nity confidence that this government marks.) talion, Third Marines, Corporal Meyer can, in fact, work and can address very Mr. RAHALL. Mr. Speaker, America ran through enemy fire multiple times serious problems—in this case, the debt has voted. The Nation voted for a win- in an attempt to save fellow U.S. serv- and deficit—but also confront the prob- ning combination of humility, hard icemembers in Kunar province, Afghan- lem of growing our economy. As both work, a lifelong dream, and finely istan. Facing enemy fire, Corporal the Bowles-Simpson Commission and tuned talent. Today, I join with my Meyer killed at least eight bad guys, the Rivlin-Domenici Commission said, friends and colleagues from Logan personally evacuated 12 friendlies, and we ought to address both. That’s what County, West Virginia, in congratu- provided cover for another 24 of his fel- the jobs bill is about, and that’s what lating Landau Eugene Murphy, Jr., low marines and soldiers during the 6- the special committee is about. this year’s winner of NBC Television’s hour battle. Does the gentleman have any ‘‘America’s Got Talent.’’ Corporal Meyer had, no doubt, distin- thoughts in terms of the probability of Landau’s journey is a true American guished himself above and beyond the the schedule that you have issued that success story. Coming from humble be- call of duty, and truly is an American indicates that we’ll get out on Decem- ginnings, he worked hard, never lost hero. He knowingly risked his own life ber 8? As we know, the committee has faith in his Lord, and always remained to save the lives of others. I congratu- to be voted on by December 23. That determined to pursue his dream. late him on this honor. doesn’t mean we have to wait until the I believe what Landau accomplished Semper Fi, Corporal Meyer. 23rd, assuming the committee comes last night should stand as an example out with a positive report. to every young person throughout this f Could you elaborate somewhat on great Nation. He has shown them that what you see the schedule to be and they should always set their goals high CONSTITUTION WEEK the certainty with which Members can and work until they get there; and in- (Mr. COHEN asked and was given per- plan based upon the schedule that has deed, if you should take some blows, mission to address the House for 1 been issued given what faces us? just let the record show you did it your minute.) Mr. CANTOR. I thank the gentleman. way. Mr. COHEN. On the 17th of Sep- I think, as the gentleman knows, I send my very best to Landau, his tember in 1787, the United States Con- we’ve been really trying to stick to the lovely wife, Jennifer, and their family stitution was ratified. Senator Byrd in schedule and to afford Members some as they begin this new and exciting the year 2005 introduced the House- certainty so that they can schedule journey in their lives. I know that Lan- passed Constitution Day. So, this their business and their time with dau remains as humble today as he was weekend, we’ll be celebrating Constitu- their constituents in their districts. when he first took the stage at the tion Day. The hope is at this point for us to abso- Logan County Arts and Crafts Fair’s When I think of the Constitution, I lutely stick to the schedule. We, at this annual talent show some years ago. think of Dr. Martin Luther King and point, have no changes in the recess I commend the Logan County Cham- the right to peacefully assemble, which times. ber of Commerce, the Hatfield-McCoy is enshrined in the First Amendment. As for whether we are going to go Convention and Visitors Bureau, and That meant he could go to Selma, that longer than December 8, obviously the Diana Barnette, and all the fine folks he could come to Washington and fight work of the joint select committee at Fountain Place Cinema 8 in Logan, for civil rights and secure those rights bears greatly on that. As the Speaker West Virginia, for their support of for the people of this Nation. and as the gentleman knows, the joint their hometown hero. As we have al- I also think of women’s rights em- select committee is expected to report ways done in West Virginia, we stand bodied in the 19th Amendment. Women by November 23. If all goes well, we behind and support our own, and the were given the right to vote—Ten- should be able to live up to the sched- work these organizations and individ- nessee being the perfect 36th State to ule as printed. Again, it all depends on uals have done is phenomenal. Un- give women that right to vote. the work of the joint select committee. Mr. HOYER. I thank the gentleman doubtedly, their efforts were instru- I think of a woman’s right to choose, for his comments, and I thank him for mental in Landau’s victory. which is given through the Constitu- his time today. Mr. Murphy accepted his victory tion and the Bill of Rights—in the I yield back the balance of my time. with the high fives of his competition— Ninth Amendment, the Fourth and the hallmark of good sportsmanship. through the First and Third as well. f Throughout the weeks of competition, But that is just the tip of the iceberg. ADJOURNMENT TO MONDAY, he often spoke of his respect, compas- The Constitution embodies the funda- SEPTEMBER 19, 2011 sion, and friendship with his oppo- mental values of this Nation: freedom, Mr. CANTOR. Mr. Speaker, I ask nents—a timely lesson for us all. fairness, justice, and equality. We unanimous consent that when the I hope my colleagues will congratu- haven’t always lived up to the Con- House adjourns today, it adjourn to late all those whose talent carried stitution’s ideals; but with the rights it meet at noon on Monday next. them to the final weeks of a long com- guarantees and the freedoms it pro- The SPEAKER pro tempore (Mr. petition. I thank America for recog- tects, we can continue to move forward WOODALL). Is there objection to the re- nizing a true talent in this fine son of and be the more perfect Union that it quest of the gentleman from Virginia? West Virginia. Thankfully, we will be promises.

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.060 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6219 APPOINTMENT OF MEMBERS TO of weapons of mass destruction. More- Mr. KING of Iowa. Mr. Speaker, I CANADA-UNITED STATES INTER- over, this continued development of very much appreciate the honor to be PARLIAMENTARY GROUP Azerbaijan’s natural resources contrib- recognized to address you here on the The SPEAKER pro tempore. The utes greatly to the energy security of floor of the United States House of Chair announces the Speaker’s ap- the United States and Europe. Working Representatives for the minutes allo- pointment, pursuant to 22 U.S.C. 276d with Ambassador Aliyev, we have more cated, and I have enjoyed this privilege many times over the years. I think this and the order of the House of January than doubled the size of the Azerbaijan is the greatest deliberative body in the 5, 2011, of the following Members of the Caucus in Congress and continue to world, and sometimes we can do a little House to the Canada-United States bring attention to this vital strategic better than we actually do, but in the Interparliamentary Group: partner. Prior to his appointment as Ambas- end, the voice of the American people Mr. DREIER, California sador, Aliyev served as Azerbaijan’s does come here. Mr. DANIEL E. LUNGREN, California permanent representative to the I look back on the intense debates Mrs. MILLER, Michigan United Nations from 2002 to 2006. Dur- that we had when we went through the Mr. SMITH, Nebraska ing this period he was chairman of the throes of a national debate. Over one Mr. HUIZENGA, Michigan Fourth Committee of Special Political summer, it was cap-and-trade, or we Mr. HIGGINS, New York and Decolonization of the 60th U.N. called it cap-and-tax, the idea that we Mr. MEEKS, New York General Assembly, vice president of the would limit American industry, chase Ms. SLAUGHTER, New York 59th General Assembly, vice president American industry over to places like Mr. WELCH, Vermont of the Economic and Social Council China and India where they would Mr. LARSEN, Washington from 2004 to 2005, and vice president of pump smoke up into the atmosphere f the U.N. Conference on the Illicit and send us back goods that were built HONORING THE SERVICE OF HIS Trade in Small Arms and Light Weap- more cheaply than we would build EXCELLENCY YASHAR ALIYEV, ons in All Its Aspects in 2001. them under American regulations here. AMBASSADOR OF THE REPUBLIC Ambassador Aliyev began his diplo- That legislation did pass this House. It OF AZERBAIJAN TO THE UNITED matic career at the United Nations in was killed in the Senate, but that con- STATES 1992, serving as political affairs coun- sumed a summer. The next summer, we had the debate The SPEAKER pro tempore. Under selor and charge d’affaires of Azer- baijan’s permanent mission. He was of ObamaCare. I could go into that the Speaker’s announced policy of Jan- quite deeply, Mr. Speaker, but I will uary 5, 2011, the gentleman from Penn- also Azerbaijan’s first delegate to the First and Fourth Committees at the say that it was an intense debate that sylvania (Mr. SHUSTER) is recognized took place on the floor of the House of for 60 minutes as the designee of the 47th through 56th sessions of the United Nations General Assembly. Representatives, on the floor of the majority leader. Having joined the Ministry of For- Senate, and on the floor of almost Mr. SHUSTER. I thank the Speaker. eign Affairs in Azerbaijan in 1989, Am- every home in the United States of Today, I rise to honor the distin- bassador Aliyev held the posts of polit- America, in the streets of America and guished service of my good friend, His ical officer, first secretary and deputy on the grounds surrounding the Capitol Excellency Yashar Aliyev, who in Octo- director in the Ministry’s Department and then, of course, in all the office ber 2006 was appointed by President of Information and Political Analysis, buildings around the Capitol. Ilham Aliyez as Ambassador of the Re- as well as director of the Department For the first time that I know of in public of Azerbaijan to the United of International Organizations. history, a Member of Congress called States of America. Ambassador Aliyev took up oriental people from all 50 States to come here I am proud to serve as the cochair- studies at Azerbaijan State University to petition the government for redress man of the Congressional Azerbaijan in 1972 and received the school’s high- of grievances, peaceably petition the Caucus. est degree in 1977. He pursued post- government for redress of grievances. Azerbaijan is an important strategic graduate research at the Oriental Stud- That was the plea of the American peo- partner of the United States. Located ies Institute of Russia’s Academy of ple; 40,000 to 60,000 people surrounded in a geopolitically dynamic region be- Sciences in Moscow from 1980 to 1982. this Capitol in November, on a Thurs- tween Europe and Asia and sandwiched In the early 1990s, he also studied for a day in November, November 5 of that between Russia and Iran, Azerbaijan is year at the Diplomatic Academy of year. Later on in the spring, they came a secular country with a predomi- Russia’s Ministry of Foreign Affairs. back again and again and again. nantly Muslim population that has He is fluent in English, Arabic, Rus- For the first time in history, the en- also been home for more than a mil- sian, and Turkish. tire Capitol grounds were surrounded lennia to vibrant Christian and Jewish On a personal note, I will miss Am- by people, not just a human chain communities. Azerbaijan has opened bassador Aliyev, and I extend to him touching their fingertips or holding Caspian energy resources to develop- my highest regards and well wishes, to hands all the way around, but a human ment by U.S. companies and has him and to his family in all their fu- doughnut six and eight deep every- emerged as a key player for global en- ture endeavors. In our years working where, with thousands of people stand- ergy security. together, the Ambassador has become a ing in the curves and the corners. They On the security front, immediately truly valued friend. came here to say to the people that after 9/11, Azerbaijan was among the It has been my pleasure to visit Azer- were duly elected representatives of first to offer strong support and assist- baijan twice with him and also to host the American people here in this Con- ance to the United States. Azerbaijan him in my district in Pennsylvania on gress, Keep your hands off of my health participated in operations in Kosova two occasions, including sharing a re- care; we don’t want Obama administra- and Iraq and is actively engaged in Af- cent birthday celebration together. tion care. That message echoed in this ghanistan, having recently doubled its Ambassador Aliyev, best wishes in all building. military presence there. your future endeavors. I look forward On that night that ObamaCare was Ambassador Aliyev has made an in- to building on our future partnership poised for passage, the people doing delible mark on deepening U.S. and with Azerbaijan and continuing our business up here in the Rules Com- Azerbaijan relations. friendship in years to come. mittee couldn’t do business for a time I yield back the balance of my time. because the echo in the windows from b 1400 f the people outside was so great that Bilateral trade is expanding as Azer- they couldn’t have a conversation to be baijan diversifies its economy, ena- STATE OF OUR COUNTRY able to actually conduct the business bling it to increasingly contribute to The SPEAKER pro tempore. Under of passing a rule that brought the economic growth of the United the Speaker’s announced policy of Jan- ObamaCare here to the floor. States. uary 5, 2011, the gentleman from Iowa And there was hokum involved in the Baku and Washington cooperate on (Mr. KING) is recognized for 55 minutes process even down to the point of cir- counterterrorism and nonproliferation as the designee of the majority leader. cumventing the filibuster in the Senate

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.063 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6220 CONGRESSIONAL RECORD — HOUSE September 15, 2011 and going through a reconciliation the burden, perhaps, of a cap-and-tax think I know what he believes in. I package and passing legislation on the piece of legislation, it would be impos- have looked him in the eye when he promise that other legislation would be sible to undo, and it would be impos- has told me what he believes in, and passed, and passing legislation on the sible to fix America from a State office one of those things is Keynesian eco- promise that the President would issue such as I have mentioned. Those things nomics. an Executive order to—get this, Mr. weighed heavily on me. The President told a group of us on Speaker—amend the legislation that Today, here’s where we are. This February 10, 2009, to be precise, that was on the floor. That’s how bizarre process has moved forward. Cap-and- Keynesian economics works. He said to this process became. tax has been essentially killed, tempo- us that Franklin Delano Roosevelt’s For a couple of years, a Member of rarily killed, I will say, in the United New Deal actually did work but that Congress didn’t have an ability to States Senate, thanks to the filibuster Roosevelt lost his nerve, and he pulled bring an amendment to the floor to and thanks to the work of the people back in the second half of the 1930s even force the debate or a vote trying on that side. It did pass through this when he should have been borrowing to perfect legislation. That’s how far House under the Pelosi Speakership. and spending more money. And because the wheels came off of this Congress. he pulled back, according to the Presi- b 1410 The American people were delivered dent, it brought about a recession something that they had resoundingly ObamaCare is now the law of the within a depression. Unemployment rejected. That was ObamaCare. land; but it is repealable, Mr. Speaker, went up, and then along came World In the aftermath of those shenani- and that gives me great hope. And War II, the greatest economic stimulus gans that took place that consumed Dodd-Frank also is repealable. So when plan ever. the summer and the fall and the next I look at the Presidential candidates, That was a little classroom lecture. spring and longer, the American people who also are poised, seeking the nomi- Well, it was a statement, not nec- went to the polls the following Novem- nation to challenge the White House, essarily a lecture, to be fair, Mr. ber. They sent 87 new freshmen Repub- the Senators that I am convinced will Speaker. But that was the President’s licans here to Congress in exactly the come into the United States Senate, position on that day, and I’m sure fashion that the Founding Fathers the new blood that will come into the that’s something he has held for a long imagined, and that fashion was to have House of Representatives with even time. He didn’t make it up while he the House of Representatives, with deeper convictions on the Constitution was standing there. It came out of him elections every 2 years, be the quick re- and constitutional conservatism, the as a conviction. That’s how it sounded action force, that in the period of 2 idea across America is this: Govern- to me. years—at that time, history didn’t turn ment has mismanaged so much of what I’m of the exact opposite conviction, as fast as it does today, but it’s still, I has come out of this Federal Govern- Mr. Speaker. I’m of this conviction: think, soon enough to bring people ment, they want a smaller, more re- that Keynesian economics always was here to start to reverse the mistakes sponsive Federal Government. They a mistake. Oh, and for the record, John that are made by the previous Con- want a government that does less with Maynard Keynes was the most influen- gress. less, a government that balances the tial economist of his time. He came to Now, we are not in a position to undo budget, and they want to have their prominence in the 1920s and then even some of those bad things that have freedom back. The American people more prominence in the 1930s as he pro- come upon this Congress right now. I want to have their liberty back, Mr. posed that the Federal Government thought we had that leverage a couple Speaker. should get money into the hands of of times already in this Congress. I would ask this question, and it’s people so that people could spend the Those moments have passed. And I be- this that Ronald Reagan asked in 1980. money. And if they spent the money, it lieve, Mr. Speaker, that now, if we can He said: Are you better off today than would stimulate the economy. That’s find and create that opportunity, I am you were 4 years ago? And the Amer- the Keynesian approach. all for it, and I am looking for some- ican people answered with a resounding Even though he said this facetiously, body to lead us into a way that we can ‘‘no.’’ And they voted ‘‘no’’ on Jimmy I believe it illustrates the Keynesian undo some bad legislation. Carter and ‘‘yes’’ on Ronald Reagan, economic theory, this narrative. And But where we are today in this delib- and we got the greatest President of this is a narrative told by John May- erative body is that we put the brakes the century, who served two terms and nard Keynes, himself. He said, I can on most bad things that have been hap- put us back on track and got us believ- solve all of the unemployment in the pening here in this Congress, and we ing in ourselves again. United States of America, and here’s are laying the groundwork to call in Today and throughout this 14 months how I would do it. Just give me an the reinforcement within the visioning or so until the next election, we have abandoned coal mine and I will go out of the Founding Fathers so that we can to be asking not the question of are into that coal mine—he’d send other undo the bad things, and it’s going to you better off today than you were 4 people, actually—with drilling rigs, take some help in the United States years ago—not a lot of people can say and they will drill holes down all over Senate and in the White House. they are—but the question really is, the coal mine. And then we’ll stuff So here’s America, as we had a con- Mr. Speaker, are you more free today? them full of cash. And then we’ll fill versation here on the side earlier. Do you have more liberty today than the coal mine up with garbage and There was, a couple of years ago, I you had 4 years ago? Do you and your heap it full of garbage and then turn would say now, a serious discussion children and your grandchildren have the entrepreneurs loose, which would about whether I would go back to Iowa more potential to enjoy the fruits of then solve all of the unemployment in and run for Governor, and the ques- their labor? Is this society more open America. tions that I had, Mr. Speaker, in front to success? And is America moving Just to flesh that out a little bit, Mr. of me were this: that we were looking along and continuing to be the domi- Speaker, if you turn the entrepreneurs at what turned out to be the Dodd- nant economic force in the world, the loose on an old coal mine that is full of Frank bill, the financial regulation dominant cultural force in the world, garbage and has holes drilled with cash bill. We were looking at cap-and-trade, the dominant foundation for Western in it, they’ve got to go in and move the or cap-and-tax, which is a more accu- Civilization? Are we going to continue garbage off. They’ve got to locate the rate way to describe it. We were look- to be that, or are we going to watch the holes. They’ve got to clean out the ing at ObamaCare. I am thinking, I continuum of this history wind its way holes. They’ve got to get down to the would have to spend 14 months back in down, and will we trail in the dust the cash, and doing all of that will require Iowa campaigning for that job. And if I golden hopes of all humanity? Is that somebody to rehandle the garbage carried my luggage into the Governor’s the future for this country? again, somebody to set up the showers, mansion and looked out the window Now, there’s not an image that I can somebody to take care of the medical onto an America that had been saddled see that the President has laid out for needs and the food needs, and after with this burden, the burden of Dodd- us on a direction on where we can go. awhile the banking needs when they Frank, the burden of ObamaCare, and I have watched what he has done. I start to come up with the cash. See, he

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.065 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6221 understood how the economy goes much money and you have a revenue nomic stimulator, that for every dollar when you get money flowing in the stream coming in and now you have to in food stamps that you hand out, you economy, how that actually happens. service the debt, you have to pay the get $1.84 in economic activity. Well, But what Keynes missed was, where interest and the principal on the debt. that may be, but if you had somebody was the cash going to come from in the The banker’s in there. He’s going to actually producing something in ex- first place? You can’t go out and bor- collect his money. So you have a fixed change for that food stamp, you would row money and bury it and have people income and you have borrowed more have the economy growing. You would dig it up and think you’re doing some- money, which means more interest has be building capital within your econ- thing productive. That’s the equivalent to go, and it has to also pay off the omy. of paying each other to do each other’s principal or you can never stop the We have this massive amount of cap- laundry. You’ve produced nothing drain, and it weighs you down. ital here in the United States of Amer- extra from it; you just trade dollars. There are businesses—I’ll actually ica, and it’s built within—part of it is What has built America, the strength say many of them in my State—that cash. Part of it is the real estate value of this country economically has been have actually, literally, not figu- that’s been improved by putting build- free market capitalism competition. ratively and not virtually but literally, ings and fixtures out. Part of it is the And because of the competition, we been under water all summer long in equipment that we’ve manufactured, have had inventors and entrepreneurs. the floods of the Missouri River. If all and it’s the utilization of that. All of We have had more patents, trade- they have for relief is a small business that is part of the capital base of marks, and copyrights per capita, at disaster loan and they can get a pref- America. Our knowledge base is part of least, than any other country in the erential interest rate of maybe some the capital base in America. And here world. And the reason for that is be- number approaching 4 percent interest, we have the Federal Government and cause Americans are natural entre- still if they get stacked with too much the President’s proposal with his jobs preneurs. We’re natural creators, and debt, they can’t have the income to plan, by the way, continuing to want to we have the resources to do it. And I service that debt. extend unemployment benefits another don’t just mean gold and oil, and I al- The same with the country. The year, believing that that’s an economic ways have to put corn in there as a United States of America borrows stimulus plan. natural resource, Mr. Speaker. I know money and hands it to people and tells Now, if I were a younger man, or let’s you use it for grits; but for us, we feed them: You don’t have to work for this. just say a boy who was looking at this most of it to livestock and turn some You don’t have to produce anything for economy from the simplistic way of of it into ethanol. this. We just want you to spend it. what pays and what doesn’t, and if But all of those resources that we That’s your patriotic duty, to take the someone said to me when I was 16 years have in this country, Americans have money that we’ve borrowed from the old, ‘‘Well, here’s how we stimulate the developed them. We’ve grown them. Chinese and the debt burden we put on economy. We’re going to hand out un- We’ve mined them out of the Earth. our grandchildren, and put it into peo- employment checks and food stamps,’’ We’ve turned our timber into valuable ple’s hands and say it’s the patriotic that’s what we’re hearing, Mr. Speak- products. We’ve cut trees and turned thing. Take your food stamps and take er. We’re hearing this out of the people them into ships, and we traded around your rent subsidy and your heat sub- that speak for the White House. Hand- this world. And we did that early in sidy and your unemployment check, ing out unemployment checks and this country. American clipper ships and go engage in commerce. That’s pa- handing out food stamps is an eco- were the class of the world. triotic. nomic stimulus plan. We have had this success because we No, what’s patriotic is carry your I’m back to: Produce goods and serv- produced. We produced goods and serv- own weight. I mean, John Smith said ices that have a marketable value both ices that had a marketable value both clear back in the 1600s: no work, no eat. here and abroad. When I say that, we domestically and abroad. That is still That’s also part of the New Testament. have to compete with the value, the what will bring America out of the eco- Where he lifted that from, I believe, prices of those goods other countries nomic doldrums, producing goods and was in Galatians: He who would not can produce so that we have an oppor- services that have a marketable value work would also not eat. That doesn’t tunity to outsell them when they want both domestically and abroad, not mean that we don’t want to take care to sell here and we have an opportunity spending money, not the little sugar of people that can’t help themselves, to outsell them in their countries. We high of handing somebody money and but people that can help themselves have to be better at some of those saying here are your food stamps, need to help themselves and all of the things. here’s your unemployment check. Do rest of us. But this economy will not recover if nothing except go out and spend the We’re hearing the statements come we’re going to continue to borrow money. That is only at best a sugar out of people that generally sit over on money, put the debt on the heads of high. And for the economy, it’s tem- this side of the floor, Mr. Speaker, this our grandchildren, and think that porary. belief of economic stimulus. The spending money solves anything. Even if Keynes was right on any part former Speaker of the House, Speaker I have a little granddaughter that’s of it, it would be this: Dump in billions, PELOSI, has consistently said that un- closing in on a year old now. She’s just hundreds of billions, and in the case of employment checks are one of those taken her first steps, about 10 or 12 of the President of the United States, reliable and immediate forms of eco- them last night as a matter of fact. Her we’re talking about trillions of dollars nomic recovery. name is Reagan Ann King. When she dumped into this economy. The best was born into this world, her share of you can hope for with a Keynesian b 1420 the national debt, what she owes to economist on steroids, which is our You get a lot of bang for the buck Uncle Sam when she took her first President, is this: that he might have when you pay people not to work, and breath as a new American citizen and a diminished the depths to which we oth- they will go out and spend that money miracle from God, was $44,000, her erwise could have fallen to some de- immediately. Therefore, we should pass share of the debt. gree. We will never know how much, out unemployment checks and stimu- And we worry about a college student but what I guarantee you is the depths late the economy. that has a degree with a $40,000 student that might have been diminished, cer- That statement is ridiculous where I loan to pay off. I’ll submit, Mr. Speak- tainly the breadth of this trough of the come from, Mr. Speaker, to pay people er, they at least have a diploma, in a economic downward decline that we’re not to work and somehow in that for- likely case, and they have an education in is much broader, and it’s going to mula it stimulates the economy. in every case and an opportunity to take us a long, long time to recover. Another statement came from our earn that back. And from the time And a way to explain that, Mr. Secretary of Agriculture, Tom Vilsack, they leave college and the toll starts to Speaker, is this. If you are a small who consistently—at least it shows up ring on their student loan, they have business, a large business, or a govern- in the media hits consistently—has an opportunity to go to work and to ment and if you go out and borrow too said that food stamps are also an eco- stop the interest and pay the interest

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.067 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6222 CONGRESSIONAL RECORD — HOUSE September 15, 2011 and start to pay the principal on their ing is any of the candidates really ad- not to. The safest thing you can do is student loan. dressing the situation we have of, in stay in a home that’s maybe been in But this little girl, Reagan Ann King, the United States, there are 72 dif- your family for two or three genera- that’s just taken her first dozen steps ferent means-tested welfare programs, tions, that may well be paid for. And last night, this little girl doesn’t have Federal welfare programs. Seventy- you’ve got the system of the public a chance to start earning that back. two. There’s not a person on the planet benefits all figured out, and so those Her $44,000 worth of debt is accumu- that can even name them all from checks come in once a month and take lating interest every day, every day of memory, let alone read, learn, under- care of all of your worldly needs. And if her little life until—she’s turned stand, and draw judgment on how they you need a little cash aside from that, around a year old—until she’s 10, until interact with each other, let alone then you can go out and work in the she’s 20, until she gets an education whether or not they motivate people to black market, work in cash, or trade that’s good enough for her to start ac- take care of themselves, go to work, do on the side. That’s what we have for tually earning her share and paying the right thing, be responsible. We like economies. I’ve sat in those areas in taxes and starting to pay down this na- to think so. Seventy-two. those communities and just watched tional debt. Why does the Federal Government the traffic. How much is that $44,000 going to be have 72 different means-tested welfare And what does this trace back to? before she gets a chance to stop the programs? That’s because there were 72 Well, I have a viewpoint that I think is bleeding just for her? By the time she’s different constituency bases out there completely objective, and it’s just illu- 10 and starts fifth grade, it will be not that certain Members of Congress de- minated a little more because I come $44,000, but $88,000. That’s an actual cided they could slip into one bill or from farm country, but it’s this: All calculation rounded to the nearest another and send a press release back new wealth comes from the land. If you thousand. It’s not just 44 times 2. to their district and say to somebody, watch any dollars that are flowing any- That’s $88,000. Welcome to fifth grade, Look what I did for you. Here’s your where, if you trace them back through Reagan Ann King. Now your share of rent subsidy. Here’s your heat subsidy. the economy, whoever has that dollar the debt is $88,000. How does that make Here’s your ADC check. Here’s your in their hand, if you could trace it back you feel? Study hard. TANF money. Here’s your food stamp to the person that handed them that We’ll give you another Republican money. And then they have the audac- dollar and the person that handed the approach here, Mr. Speaker, that I ity to come to the floor to ask for more second person the dollar, and go on think illustrates the right attitude. It and more money for rent and heat sub- back, where does it take you if you caught me a little off guard. I had a sidy at the same time. trace each one of those transactional conversation with my oldest son and I don’t want anybody to go cold. I exchanges? It will take you back to the his little 6-year-old daughter, who was don’t want anybody to go hungry. But land. telling me her favorite subject is math. neither do I want to see generations of In the world, all new wealth comes Our family is in the construction busi- Americans who have been conditioned from the land. You can mine it out of ness. We do a lot of work that requires and trained that they don’t have to the Earth in the form of gold or plat- engineering. And so I immediately said contribute to this society. inum; you can pump it out in the form to her, Study hard; focus on your math. I will give you an example. It was of oil; you can bring out limestone and That means if you’re good in math, you written up in the Des Moines Register aggregate of all kinds. That’s a new can be an engineer, and your daddy about 15 years ago where they went wealth. It sits there, waiting to be de- needs an engineer. Her daddy said im- into a residential area in Milwaukee, veloped, and then you turn that into mediately, I don’t need another mouth Wisconsin. Odd that they would go concrete and steel from iron ore, and to feed. She can study hard and carry from Des Moines to Milwaukee. But I the list goes on. Or as an exception, I her own weight and make a living in remember the article. And they did a guess, would be if you could seine some the world. study in a six-block by six-block seg- fish out of the sea and maybe you can Now, think about the difference in ment; 36 square blocks, six squared. It raise a little algae in the sea; but, oth- that. Rather than opening up the door was a residential area of families erwise, it grows out of the soil. and saying, Study hard; become an en- whose predecessors in the thirties had New wealth comes from this Earth in gineer; I can use one in the company— moved up to Milwaukee from the gulf one form or another, and we use it to which I think he could—he said, She area in Mississippi—generally in that produce the necessities of life. Those can make her own way. area, Mississippi and Alabama—to take necessities which were simplified down The attitude when you’re 6 years old, on the brewery jobs that blossomed in to food, clothing and shelter, all that growing up, that you’re going to go out Milwaukee when prohibition was over. comes out of the Earth. Those are the into the world and make your own way, These families that had moved in had necessities. I used to get into this de- even though by then there’s maybe a moved up there for the jobs. bate with former Congressman Tom third generation company, it surprised Three generations later, they sur- Feeney from Orlando, Florida, Disney me that he saw the world so clearly veyed all of those residences in a resi- World territory—a very smart and ef- and instantly directed his child to, dential area 36 square blocks, and there fective Member of this Congress and a Stand on your own. wasn’t a single employed male head of good friend whom I admire and respect. Mr. Speaker, we need more young household in any of those homes in 36 When I would tell him all new wealth Americans growing up being told on a square blocks. And as I read through comes from the land, he would say, oh, daily basis, You’re going to have to that article twice, because I wanted to no, it comes from the airport. Well, carry your own weight. You’re going to see what I missed, the lament by the they do, Mr. Speaker, fly down to Or- have to make your own way. You’re author was—seemed to be, at least— lando—and it’s a refreshing injection of going to have to build an education and that we couldn’t bring jobs to the peo- capital into the economy in the Or- plan your future and control your own ple that lived in that neighborhood in lando area, but that’s not the new destiny. Milwaukee, so wasn’t that the failure wealth. It’s just newly arriving in Or- When you do that, the most patriotic of government that we couldn’t get lando. thing you can do is serve God and jobs established there. I read it com- When you trace it back, it’s the dis- country, in that order. Take care of pletely differently. If your granddaddy posable income that comes from the your family. Take care of your State. moved to Milwaukee to get a job, why people that are producing goods and Do your thing to contribute to our so- can’t you, as a grandson, move some- services that have a marketable value ciety and our economy. where to get a job? both domestically and abroad. And There is—well, there is, but there they’re producing it from the raw ma- should not be—a free lunch. b 1430 terials as are mined out of the Earth or Mr. Speaker, I’m listening to the Why don’t people migrate to take a are value adding to the crops that grow Presidential campaign and listening job? And the answer to that question from the soil. That’s what this country pretty closely and talking to a number is: seventy-two different means-tested is, and that’s how this economy works. of the candidates. What I’m not hear- welfare programs. They’re being paid And if you don’t understand that and

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.068 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6223 you’re trying to manage a country that their tax with a national sales tax, the they would pay on their spending up to has about a $15 trillion gross domestic option of paying taxes, which is a deci- the poverty level. It provides an incen- product and you believe that spending sion that you make when you consume. tive for people to invest money, and it money is a solution rather than pro- That’s what the Fair Tax is. And that’s will attract capital from all overseas. ducing goods and services, you can un- what brings us out of this mess that we I went through all of that, and I said, derstand then why we’re in the situa- are in, and it needs to be a very high I need you to challenge me on any tion that we are in. priority. point that I have made. I don’t want to I think the Speaker and I agree com- I need to hear the Presidential can- be making this argument across this pletely on what I’m about to say. And didates talk about their position on a country and have a position that I I’m going to take this back again to national sales tax. They talk around it, can’t sustain. Test me. Challenge me. Ronald Reagan, who once said that and they will say, I’m for a Fair Tax or He listened as I went through the list, what you tax, you get less of. Well, I a flat tax or anything that taxes us and he looked up at me and he said, look around the United States and I less. That’s not good enough. If you You left out provides an incentive for look at our tax policy that we have, want to lead this country, lay out a tax savings and investment. This country and I start looking for productivity, proposal that actually solves this prob- needs an incentive for savings and in- and that’s earnings, savings and invest- lem that we’re in. vestment. Add that to the list and keep ment. They identify the productivity I have looked at this proposal, Mr. saying it. You’re right on all of those in this country. And if you have any Speaker, for more than 30 years now. points. Well, I had actually just forgot- earnings, any savings, or any invest- And I don’t know how many years ago ten to say it provides an incentive for ment, the first lien on all of that, the it was when they invented the Rubik’s savings and investment. one who holds the mortgage collateral Cube, where you could turn that thing But it illustrated to me how care- on it is Uncle Sam. around and arrange the colors on all fully Alan Greenspan was listening to The Federal Government has the the sides of the cube, but I have turned that presentation, how he identified first lien on all productivity in Amer- the Rubik’s Cube of the Fair Tax over the omission that I had left out. And it ica. So if you walk in and you punch and over, every possible way that I can was an astute response. And I said to the time clock on a Monday morning look at it. him, I need you to advocate for this. at 8 o’clock and you hear that thunk, And the more I look at it—usually And he said to me, You will not find se- just think of that as Uncle Sam’s arm when you get to looking at something, rious economists that disagree with going out and his hand is out. He will it starts to look a little worse the you on this position. take every dime you earn until he’s longer you look at it. The longer I look b 1440 satisfied—and that might be before at this, the Rubik’s Cube of the Fair noon and it might be after. Tax, the better it looks to me. And The fair tax does all the things that Then when Uncle Sam puts all that that’s more than 30 years of looking at you say it does. It’s not an economic in his pocket, then you can start to the proposal; and, actually, that’s more question, because serious economists earn a little money for the Governor— years than we’ve had the proposal, but will not disagree. It’s a political ques- he doesn’t take as long. You can pay I’ve advocated for a national sales tax tion, and you are the politician, mean- him as a rule, and he gets his hand in since about 1980. And that was back ing me, Mr. Speaker, and you need to his pocket, and now you can start to when I got audited one too many years solve the political question. It’s not an work for yourself and your children in a row and I decided, why do I have economic argument. and your families. the IRS in my life? Why are they mak- So it comes back to the same thing The first lien on all productivity in ing Monday morning quarterback deci- over and over again. Here we are in America is held by Uncle Sam, the Fed- sions? Why am I looking at paying in- this great country. We are a wealthy eral Government. Earnings, savings, terest in penalty on a tax liability country. We are also a productive and investment is all taxed in this that, to this day, I do not believe that country, and we do have a good work country unless they have found a way I legally owed? It’s because the IRS has ethic even though it’s being under- to get you through this loophole. So so much power that you can’t fight mined by 72 different means-tested because what you tax, you get less of, them. You can fight them, but you’re Federal welfare programs. that means that you get less produc- going to lose. We’re a great country, and we have tion because we tax it all. If you That was a painful thing for a person the resources to solve any problem produce and the Federal Government of principle to come to, a realization that can be solved. We can come up taxes it, it’s a disincentive for produc- that I had to go to the bank and borrow with the money to do it. We either tion, so we produce less. money to pay the IRS, because even have the technology or we can develop If we’re going to come out of this though I’m right, it would cost me my the technology. We’ve got the man- economic decline that we’re in, if business if I stopped producing long and womanpower. We’ve got the work spending were going to solve this prob- enough to fight the IRS. That was the power to do all of that. We can solve lem, we would have solved it by now— equation that I was faced with. everything. this Keynesian economic experiment of So I want to challenge anybody in But when I look at the problems that the President’s. this House of Representatives that are unsolved and unresolved in the But it’s production that will solve it. wants to debate tax policy on the Fair United States of America, invariably it We need to take the tax off all produc- Tax. I would be real happy to yield to comes back to the political question. tion in America, which is all earnings, anybody that would come down here on It’s politics that stick in the middle of savings and investment, so that it will the floor, set up a Special Order for the this. It’s not because we don’t have thrive and it will prosper. And when we purpose, go just about anywhere I can enough people with common sense. We tell people in this country, you can in- logistically get to face off with some- have people with competing interests, vest all the capital you want to invest, body that thinks the Fair Tax is a bad and we have people that confuse the you can earn all you want to earn, you idea. It is a great idea. issue, and they bog this thing down, can save all you want to save, and I sat down with Alan Greenspan with- and they make it a lot harder than it when you do that, we’re not going to in a month of the time that he stepped needs to be because they’re looking for tax any of it; you can pile up as much down as chairman, his retirement, and some kind of political benefit from it. cash and capital and savings as you I said to him, Here are all the things But we have the solution here at our want, not one dime of Federal tax will that the Fair Tax does, and I went fingertips. This Congress, if we were be on any of that that you earn, when through the list. I said it eliminates able to get a fair tax bill to the floor of we do that—and I pray one day we will personal income tax and corporate in- the House of Representatives for an up- do that—the average worker will get 56 come tax and payroll income tax, in- or-down vote, I would say there’d be a percent more in their paycheck. cluding Medicare, Medicaid and Social Vegas line on whether that would pass There will be a lot more production Security. It puts a check and a prebate or not, Mr. Speaker, but I believe it in this country; it will be a lot more into everybody’s household to reim- would. I believe this House of Rep- competitive. And then people can pay burse them a prebate for the taxes that resentatives would vote to scrap the

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.070 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6224 CONGRESSIONAL RECORD — HOUSE September 15, 2011 entire Internal Revenue Code and scrap manufacturing plants, whether it’s This is one of these times when I’ll the IRS, itself, and replace it with a cars or whether it’s trailer axles or just say that this is one of the things national sales tax. I believe this House whether it’s the modern version of the that I have been right on for a long of Representatives would vote to take widget, all have a competitive advan- time. A lot of others have been right on all the tax off of productivity in Amer- tage now that gains 28 percent. this for a long time, and it’s getting to ica and put that tax over on a revenue- We’ve reached a static level in the the point where it’s high time that we neutral basis onto consumption, in- things we produce, and sometimes a move a fair tax. stead, of goods and services, goods and half of a percent is enough to make the We had a little hearing in the Ways services that have a marketable value difference on whether you sell large and Means Committee here a few weeks both domestically and abroad. volumes into foreign countries. A half ago. I’m glad to have that. I don’t I believe the House of Representa- of a percent, maybe even a tenth of a know if the Earth shook when we did tives would pass that legislation if we percent. that or not, and I don’t know how could get it to the floor for a vote. And Well, can you imagine sitting there, much it illuminated the knowledge I believe, in the process of doing this, let’s just say—I’m just thinking ship- base of the Members. But I will tell you they would be granting to American ping product over into a place like that the public would be disappointed manufacturers, in the stroke of a pen, Asia, and you’re there where the mar- if they knew how shallow the knowl- a 28 percent marketing advantage over gins are so tight sometimes you can edge base is among many of the Mem- foreign competitors when it comes to sell, sometimes you can’t, and you’ve bers of this Congress when it comes to manufacturing. got to ratchet your price down a little a national sales tax. It’s shallow. They If you take a Mazda that’s presum- and try to get it sold. This goes on can’t pass the test. They don’t want to ably built 100 percent in Japan, com- every day, people that are looking for spend the time to do that. They’re just pared to a Ford built 100 percent in that tiny little edge that lets them get navigating themselves away from the America, and each of them were sitting in there and export something to a for- political liabilities that come up every on a dealer’s lot, perhaps across the eign country. day in this trade. They don’t have the street from each other and the sticker With the fair tax, they’re sitting time to dig down into it. And so you price on these two comparable valued there with a tiny little edge or no edge. need to focus them, and the public vehicles was each $30,000, then competi- Maybe they’re behind the curve, and needs to focus them, Mr. Speaker. tion would have set that. all of a sudden here comes a 28 percent The fair tax needs to move. We need Well, into that Ford is embedded 22 marketing advantage. Whoosh, it goes to have it in the debate of the Presi- percent of Federal taxes that are built overseas. We light this country up. We dential race. I want to do all we can to into the price of that Ford, because light this country up. We become the bring it up in that debate. corporations don’t pay taxes; con- manufacturing center for the world And as the clock ticks down, I want sumers pay it. Corporations aggregate again. We find jobs for people. They’re to shift the gear a little bit because it’s them, and they put it into the price of out there for American labor to important for me to address what’s the products that they produce. So produce a high return so that their going on with the natural disasters in your $30,000—you pass the fair tax, highly productive workers—we’re the the country, primarily the floods that competition drives out of the Ford the most productive workers in the world we’ve had on the Missouri River. embedded Federal tax. So your $30,000 today, and we will increase our manu- We have been underwater since early Ford becomes $23,400. That would be facturing. We will increase our exports. or mid-June. We have more water the new sticker price. We’ll reverse this trade imbalance, and that’s come down the Missouri River Now, it would take 12 to 18 months to it will be a surplus of exports. And in- than at any time prior to this year in turn the inventory over and get com- stead of us being a debtor nation, we history. This is from Sioux City, down- petition to drive that down. $23,400 will become a prosperous nation. stream. And they can talk about it would be then the new sticker price on By the way, if exports are working, very well up into the Dakotas. KRISTI your Ford, with the fair tax passed. think what can happen. We’ve got a NOEM and RICK BERG are very knowl- But your Mazda’s still going to be dollar that’s being devalued by the edgeable on what the disaster has done 30,000 because its tax structure is White House and by the Fed. They’re to them upstream. Japan, not the United States. printing money and dumping the cur- But where we are, Sioux City on So then you add in an embedded 23 rency in, and the value of the dollar is down, that river has been, since June, percent sales tax into both vehicles, dropping. And what is one of the rea- and I will say mid-June, it’s been and your Ford price, to drive it off the sons? It’s because, if a dollar doesn’t about—the narrowest typical place lot, presuming it’s not a deductible buy much, then people in foreign coun- that you would see would be the water business purchase, goes from what was tries can buy more things from the would be a mile and a half wide. This is $30,000, knocked down to $23,400 be- United States. a river that, I wouldn’t recommend it, cause the embedded Federal tax comes Look how it works the other way. but it can be swum across. And about a out of the price, and you add in 23 per- When we get this 28 percent marketing mile and a half wide downstream from cent tax. You drive your Ford off the advantage, we can start to tighten up Sioux City, and as you go further south lot for $30,400. But your Mazda needs to our currency and start to give it value it gets to be 4, 5, 6, 8 miles wide at also pay the 23 percent embedded tax. again. Maybe we can get to that point Glencoe, and north of the Omaha air- It comes off the lot at $39,000. So you where we can put a gold standard under port, 11 miles wide. Water 11 miles end up with an $8,600—28 percent—mar- it or a basket of currency, a basket of wide, and it narrows up downstream keting advantage, the Ford over the commodities that would be used in lieu from Omaha to 4 to 5 miles, maybe 6 Mazda. of a gold standard so that our dollar miles wide, all the way down into Mis- Now, what does that bring about, Mr. has a value that can be anchored to souri and into SAM GRAVES’ district, Speaker? Instead of $800 million worth commodities that actually can be ex- typical, on down. of Mazdas coming to the United States changed for, rather than the full faith aboard ships on an annual basis, you’ve and credit of the Federal Government. b 1450 got Fords being sent to Japan and to The fair tax solves everything good We have seen more water come down Korea and to China and to Europe and that can be solved by a tax policy. It that river this summer than ever be- all around the world. We’re making does everything that anybody else’s fore. And it is a flood of massive pro- more and more cars, and we’re shipping tax policy does that’s good. It does portions. And when I tell you a river them all around the world because we them all. And it does them all better. that’s 11 miles wide for 3 months long, now have a tax structure that ceases to And I will stand on that statement, Mr. it gives you a sense of what it is, but punish production and provides an in- Speaker. And I will challenge any people have to be thinking it’s stag- centive for savings and investment and Member of this Congress or anybody nant water that’s sitting there that gives those workers that are making that has a legitimate reputation out can’t escape. But it’s really not. It’s the Fords 56 percent more in their pay- across this country to stand up and water with a velocity of 3–5 miles an check. And those people that run the we’ll take this issue on anywhere. hour, even out away from the central

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.072 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6225 stream of the channel; and in the cen- protect from serious downstream flood- thing good that everybody’s policy tral stream of the channel it’s 11–12 ing, and to adjust those flood levels to does. It does them all. It does them all miles an hour but out a way at the base the largest amount ever experienced. better. of the hills, and it’s flooded hill to hill. And that language then means 2011 It gives people back their freedom. It The water is moving along at a clip run-off rather than 1881 run-off. gives them 56 percent more in their that’s, oh, a fast pace if you’re walk- So if we get another year of this kind paycheck. They decide when to pay ing, is what it would be. of run-off, we will be using the storage taxes when they make a purchase. And And we have watched business after rather than having it be part of the it rewards production. It stops pun- business, farm after farm, residence permanent pool so that all of this ishing production. And in the end, it after residence go underwater. They downstream flooding that has wiped inversely rewards production. People sandbag, set up pumps, and then they out hundreds and hundreds of square will produce more. They’ll earn more. lose the battle. And then the house and miles and set it under a flowing cur- They’ll save more, will export more. buildings fill up with water, sometimes rent of water for the whole summer can Our dollar will be worth more. People’s clear up to the eaves, sometimes half- all be protected. labor will be worth more. way up on the windows of the living They easily have the storage capac- And the 80 million Americans that room. ity to protect all of us downstream are of working age but are simply not And we have miles and miles of trees from that type of serious flooding. The in the workforce need to be put to that have been standing in water that legislation that I have that has been work. We can’t have a Nation of slack- is 10-, 12-, 16-feet deep for the better sponsored by representatives from at ers and then have me have to sit in the part of the summer. I’ll say all sum- least four States along the Missouri— Judiciary Committee, listening to mer. And when the wind blows and the and I’m not sure who else might have them argue that there’s work that water starts to go down, the trees just signed on it this afternoon—just sim- Americans won’t do so we have to im- tip over. Miles and miles of huge trees ply says to the Corps of Engineers: Ad- port people to do work Americans laying down, the swath of them just just the flood storage from the 16.3 mil- won’t do and borrow money to pay the fallen over by wind and gravity and lion acre feet to an amount that will welfare of people that won’t work. nothing for their roots to hang on to, protect from serious downstream flood- That is a foolish thing for a Nation to and hundreds of thousands of farm ing. do. fields that are underwater, and flooded That’s the message in the bill. That’s We’ve got to get this country back to with huge sand bars that are created by what I’m going to ask this Congress to work and get those people out of the slacker roles and on to the employed the current and all kinds of junk pass. That’s what I think we have a roles. That and revalue the dollar. washed out into the middle of them. reasonable chance of having unanimous We’ve got to balance the budget. This is what we’re dealing with on support among the States affected by That means pass a balanced budget the Missouri River. the Missouri River floods all the way amendment that actually is a legiti- The Corps of Engineers has built in up to the headwaters and all the way mate balanced budget amendment with the upper Missouri River six dams. down to St. Louis. I’m hopeful every a supermajority required to waive the They’re known as the Pick-Sloan Pro- Member will sign on. It’s bipartisan. balance, a supermajority required to gram. That began sometime in the ’40s We have about the same number of raise the debt ceiling, a supermajority and ’50s. They looked back on the his- Democrats as we do Republicans on required to exceed 18 percent of the torically highest flood, which was 1881, that bill, and it’s something I feel the GDP, and a supermajority required to, and they had a large flood in 1943. It need to notice this Congress that is as I said, raise taxes, balance the budg- wasn’t as much as 1881, but it was a something that I’d ask for support, and et, and exceed the debt limit. heads-up wake-up call that started hopefully we can start to move it So if we can do those things—repeal Congress working. And they began through. ObamaCare, pass the Fair Tax, pass a working on this Pick-Sloan Program to So, Mr. Speaker, as we get close to balanced budget amendment out of this prevent flooding in the Missouri River. wrapping up business in this Congress Congress, ask the States to save us— In 1952, there was a huge flood, and for this week, I think about what we that would be a pretty good foundation that accelerated the construction. have ahead of us. to build this country on, and it would They completed in the late 1950s and Of course one of the things we have be a good foundation for little Reagan early 1960s the six-dam reservoir com- ahead of us is how do we fund this gov- Ann King, who’s just taken her first plex of the Pick-Sloan Program that ernment beyond September 30. That steps in the last 24 hours, to look ahead goes clear on up into Montana. will be ultimately, I believe, a CR, a and think, Grandpa actually is doing They wrote a master manual for the continuing resolution. We have the something here in Congress. It’s going Corps of Engineers that guides them on debt ceiling debate behind us, at least to open the door up for her and all of how they shall manage the reservoirs for now. We have the pressure points her generation to come in and con- and how they shall manage the Mis- that are set up by the debt ceiling bill. tribute to this country and still have souri River. The master manual, Mr. I have never been a fan of a supercom- something left for themselves and start Speaker, has been amended. I believe mittee of 12 apostles sitting in a room, to get to the point where we can one there have been five different versions. deciding for all of the rest of us what day start to pay down this national But in each of those versions, the Corps they think is best. The product that debt. of Engineers says use the same amount may come from there, if it’s used right, Mr. Speaker, I appreciate your atten- of storage capacity for flood control. can be useful, and it can produce a tion here this afternoon, your service There is a permanent pool, and above happy ending here. in this Congress as well. that permanent pool they have always I’m hopeful that they will make sug- I yield back the balance of my time. kept 16.3 million acre feet for flood gestions and work with the commit- control. The reason that they have 16.3 tees. And the cuts that we must get in f million acre feet is because that was this Congress, I believe, need to be pro- MESSAGE FROM THE PRESIDENT the amount that was calculated that duced by the committees that have the A message in writing from the Presi- was necessary to protect from the most and the best knowledge about the dent of the United States was commu- floods of the largest run-off ever expe- subject matter at hand, that it’s not nicated to the House by Mr. Pate, one rienced, which was 1881. In 1881, 49 mil- just a slash-and-burn from inside the— of his secretaries. lion acre feet of water came down. In perhaps, and maybe not—closed doors f 2011, the number will be 61 million acre of the supercommittee. And I think feet of water. this country has got a long ways to go. AMERICA’S SPENDING So I have a bill I trust was intro- But in the end, here’s what gets us The SPEAKER pro tempore (Mr. duced this afternoon or will be before where we need to go. Pass the Fair GARDNER). Under the Speaker’s an- the fall of the gavel today, Mr. Speak- Tax, Mr. Speaker. That turns this nounced policy of January 5, 2011, the er, that requires the Corps of Engineers economy back around and does all the gentleman from Texas (Mr. GOHMERT) to manage the Pick-Sloan Program, to things that I’ve said. It does every- is recognized for 30 minutes.

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.074 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6226 CONGRESSIONAL RECORD — HOUSE September 15, 2011 Mr. GOHMERT. We’re at the end of figured, if he came and spoke here on the rules that are the problem. But another week of session here. the floor, because he is such a gifted when a group comes back with a score You know, the President’s been trav- reader, that he might be able to per- of around $800 billion and then later eling around the country. I know that suade people to support a bill they oth- they have to confirm in reality it’s costs millions and millions of dollars erwise didn’t like. more like, say, $1.1 trillion, then you to put Air Force One in motion, hop- So he came and he spoke. He spoke of realize on an $800 billion bill that the ping all over the country. I’ve also seen this bill, my bill, this plan, my plan. I score really should put boldly that you what it takes from a security stand- couldn’t find a bill. I couldn’t find a have to consider that with a 30 to 40 point to prepare for a President to plan anywhere. It was even 2 weeks percent margin of error, plus or minus. come anywhere. Because of the sniper later that I asked the Cabinet member So here is the score, plus or minus 30 or weapons available these days, they charged with Health and Human Serv- 40 percent, and that’s about the best we have to be so thorough. ices—it’s her area—since the President can do. was so accusatory and said, If any of b 1500 Since that is the best that CBO can you misrepresent my bill, I am going apparently do, it’s time to have some The Secret Service has to go along to call you out, I wanted to make sure massive changes in this place. It’s time and check. Anything they can see, they I didn’t misrepresent anything. I asked to use reality. It’s time to use history have to check out. Well, that takes the Secretary of Health and Human and not some 1974 liberal Congress’ several days. Services: Where do I get a copy of the idea of how we get the government tak- So, to the average person, you think, President’s bill? She said these words: I ing over everybody’s lives. That’s no Well, gee. The President just comes in. think he was talking about a set of way to run government unless you’re He’s gone in 30 minutes. No big deal. principles. in some country besides the United But for those whose life’s work it is in Ah, it couldn’t have been. He said States of America. the government to make sure that this bill, my bill, this plan, my plan. There’s an old saying in this town, things go properly, it is an extremely He didn’t have a plan. He didn’t have a Mr. Speaker: No matter how cynical onerous task. We owe so much to those bill. He was talking about a set of prin- you get, it’s never enough to catch up. who protect those who are leaving the ciples? How could he condemn us for In my 61⁄2 years here in Congress, I’ve country, not so much the people in misrepresenting a bill or a plan that he found that’s certainly true because you Congress. I know we had people in Con- didn’t have? Not then. It turns out he want to trust everybody. You want to gress who were advocating that we all didn’t. believe that when people say things in ought to have our own security detail; So, as I heard the President say re- this town it’s true, but then you find but as one of my constituents said one peatedly to pass this bill, pass this bill, out, for example, that you can have a morning at 2 a.m. in Wal-Mart, ‘‘Wow, to do it right now, right now, I won- leader of the country tell everybody you really don’t have any security,’’ dered if, yet again, 2 years later, he that we need to go after the Big Oil and I said, ‘‘No. It’s just you, me and was making the same error—demand- companies. They’re having massive the syrup here.’’ I don’t think we ing we pass a bill that didn’t exist. It profits, and we’re going after those should have to have security. If it turns out my concerns were well-found- companies. Then you find out that the comes to that, this country is in such ed. He had no bill. He had no plan. He bill that’s produced to go after those trouble that I’m not sure we’ll have it had a speech. companies has no adverse effect on back in any proper form anyway. But as we’ve learned from CBO, gen- those companies whatsoever, and in In the meantime, I am an advocate of erally speaking, unless they’re chas- fact, it will make them even bigger letting people in Washington, D.C., who tised sufficiently by the President or profits than they might have ever aren’t prior convicted felons and who the White House, CBO cannot score a imagined. meet the requirements, of being able to speech. If they’re chastised suffi- Now, I know there have been some carry. Let folks carry. Not here in the ciently, then CBO will give them some issues about the bill title, ‘‘American Capitol, of course. You don’t need one sort of scoring because there are pres- Jobs Act of 2011,’’ and yes, I am the one here. We’ve got the finest we could sures that can be brought to bear from who filed the American Jobs Act of hope for, Mr. Speaker. I know you the White House that somehow, appar- 2011. know the Capitol Police are fantastic. ently, make them sensitive, which is We’ve got some up in the gallery who another whole point. I really don’t be- b 1510 make sure that things are orderly up lieve that we will be able to fix the I think it will be a wonderful thing there; and as we know from the last 20 problems of the massive overspending, when we in this body can work to- years, there are times they’ve had to the overtaxing, the dramatic problems gether. We can have our disagreements. lay down their lives to protect the pub- with the overvexation, the overburden- I found, in a deacon body, even though lic here. some laws and regulations until we there was a lot of nasty, mean things So we are greatly blessed, but it all change a number of things. said, that if we had prayer together comes back to this, that we’re talking One of those is we eliminate the Con- and we came together, we had meals about millions and millions of dollars gressional Budget Office and eliminate together, we could work together. for the President to go anywhere. Ever the rules under which bills are scored. One of the things that’s so troubling since 1 week ago, we were chastised by Those rules were put in place in 1974 by on this floor is when people come so the President here on the House floor, the same Congress that forced the mili- close to impugning the integrity of as he spoke from the podium here, that tary to rush out of Vietnam, leaving, other people. I know some people that we needed to pass his bill. Somebody many report, around 2 million people have diametrically opposed views of else counted them. I didn’t. We’ve got who had helped us to be wiped out— how this country should work, but I to pass this bill right now, right away, murdered, killed—because the Congress know in their heart they want the right now. Pass this bill now. It turns didn’t care. That same Congress put in country to work well and succeed. I out the whole time the President was rules that would require that a bill be just believe from history they’re saying ‘‘this bill,’’ there was no such scored as to the effect it would have on wrong, but there are people in this bill, which brought back memories of our economy, on spending, on revenue. body who you might think we were so exactly 2 years before when at that It required it would be scored under far from each other politically that we time the President demanded to come rules that do not allow the scorer to wouldn’t want to have anything to do address a joint session of Congress. take into consideration reality, his- with each other. Under the rules of Congress, the laws tory, facts. All they’re allowed to do is DENNIS KUCINICH is one of those peo- of the land, no one can demand to come to consider the formulas—the rules ple that is quite far afield from me on speak to the Senate or House unless under which they’re bound by that 1974 so many political issues, but DENNIS they’re invited, but that was over- Congress. That’s it. has never lied to me; he has always looked back in September of 2009. The Now, we’ve gotten horrible scoring, been up front. I find him to be a man of President was not doing well in the and it can’t be blamed on CBO or on conviction, and I find him refreshing. polling with his health care ideas. He the Joint Commission on Taxation. It’s MARCY KAPTUR and I disagree on many

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.076 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6227 issues, maybe most issues, but I know factor in their business—but the thing Any nation that cannot provide its she is a person of integrity. She has is, that’s not what a corporate tax is own military with the things it needs never lied to me; she has never been about. to protect itself—that means steel; it anything but honest with me. A corporation cannot stay in exist- means all kinds of metal; it means gun- There are numerous people. Bill ence if they don’t have their customers powder; it means, actually, uranium as Delahunt and I would spar in Judiciary or clientele pay the corporate tax. So a we have nuclear subs and ships; it Committee many, many times, other corporate tax is not actually a tax on a means wood products; it means tires. committees, subcommittees, here on corporation. A corporate tax is, in- We are buying tires for Humvees from floor; but I always found Bill Dela- stead, requiring the corporation to be China these days. Excuse me? We have hunt—what I would call a liberal from the collection agent. Oh, make no mis- to be able to have no supply line to be Massachusetts, a Democrat—to be an take, that tax will come from the rank- able to provide the things that we in honorable man, a man of integrity, and and-file people across this great coun- this country need to defend ourselves I believe with all my heart that he had try. They’re the ones that are going to and provide them in this country. It’s a heart for this country and he wanted pay that tax. The corporations are a time to quit driving companies, includ- to see it work. collection agent. They collect the tax ing manufacturing jobs, out of the We ought to be able to work together from their customers, and then they country. This bill drives more jobs out. when people realize that we have got pass it on to the Federal Government. You have got to have energy. Those common goals, the common goal being The trouble is, in this country now, that are familiar with the Battle of the the good of the country. So let’s at we have the highest corporate tax in Bulge can dispel the myth that some least find things we could agree on. the world, any developing nation for think, gee, the war was won before the When I was engaged in trials—and I sure, 35 percent; in China, 17 percent, Battle of the Bulge. have been involved in many trials as an and they do cut deals where they will b 1520 attorney, and as a judge, and then reduce it to zero tax for 5 years, I have Some say they buy into the Russians’ oversaw them briefly as a chief justice, been told by some people there. You explanation that we had whipped the but engaged as a lawyer—there were get a deal—zero tax for 5 years and Germans all by ourselves, we didn’t many times when we started in the dis- then gradually work up to 17. need the allies otherwise, but if you covery process that I told opposing Not here in the United States. We are really study the Battle of the Bulge, counsel, We can do this one of two going to slap a 35 percent tax on any- what won that for the Allies was the ways. We can fight, scrape and fuss thing a company in America produces. fact that the Germans were running over every question, over every inter- That sure makes it tough to compete out of gasoline. rogatory, over every deposition, but we in the global market. So what does the President do to help both know the rules require certain Now that we have got planes, ships us? He said go against and take the things will need to be produced, that that move so quickly, rail that goes profits of these massive, big oil compa- certain things will need to be disclosed. across borders, it is important that we nies. Instead, page 151 through 154, he So I would prefer to do it that way, be able to compete in the global mar- rips the heart out of the independent amicably, and the people that win are ket. And if we are going to slap a 35 oil and gas industry. the clients because they don’t have to percent tariff on everything an Amer- In order to drill a well in America, pay near as much money. Because it ican company produces in this country, you have to raise capital. If you’re one doesn’t take near as much time if you they are going to have to move and go of the majors like Exxon, like British can agree on the things that you know to a country where there is not such a Petroleum, the dear friends of the you are going to have to produce and high collection fee that corporations President, if you’re one of those big quit having a motion to compel, a mo- are required to collect in this country. companies, you’ve got enough money tion to protect, all this kind of stuff. They are going to go to a country like of your own. You’re capitalized; you Sometimes we had attorneys that China that charges a lot less for a col- can do these things. But for over 94 could work together well, and some- lection fee from the customers. percent of the wells drilled in the con- times they would hit me with a dis- But if people could get their mind tinental United States, they’re raising covery demand out of the blue that was around the fact that it isn’t making money. They have to raise capital. so grossly unfair, but not illegal, that the greedy corporations pay, in fact, Well, this knocks the fool out of their you would find out, okay, this is the the greediest corporations are the ones ability to raise capital. Not only that, way you want to go. I didn’t want to go that don’t pay anything. You know, we it repeals the deductions that are not this way, but I believe so strongly in found out that the close cronies of the even available to any company that the interests of the person I am rep- President at GE are able not to pay produces more than a thousand barrels resenting and believe so strongly in the any tax, but the mom-and-pop-type of oil a day. That’s the majors. process, itself, that if you want a fight, small business corporations, they are So all this will do is eliminate over 94 you will have a fight. having to pay the tax. percent of the wells drilled in the con- If somebody is going to travel around Gibson is employing a lot of people. I tinental United States. The result will the country, condemning me and other got a Gibson guitar when I was 8 years be a higher cost of oil. It will make people in this body for refusing to pass old, a fantastic guitar. We are going to even more profits for the President’s a bill, knowing that that bill does not send in armed agents to harass those friends at British Petroleum. British exist, it is not in existence because le- people. That’s no way to draw business Petroleum is friends of the President, gally it has not been filed, then we are back into this country. they love the cap-and-trade idea, and going to do some battle over that. If I You reduce the corporate tax. If you they’re going to love this bill by the am going to be condemned for a week reduce it at all, the more you reduce it, President. for refusing to pass an American Jobs the more jobs are going to come back Also, we know, we’ve heard com- Act of 2011, well, after 6 days or so, it’s because that means more and more plaint after complaint from State after time to have an American Jobs Act corporations will be able to compete in State, and they’re saying, You are giv- that we can pass or at least that I the global market, and they’ll be able ing us so many unfunded mandates. We could go along with. to come back here, union members, not just can’t take this any more. Stop al- I would certainly like, Mr. Speaker, the government union members—and ready. We just can’t stand this kind of the President and others to know I am that seems to be where union leader- help much longer. flexible, but the corporate tax is one of ship wants to go these days. Forget the So if you look through this bill, you the most insidious taxes that we have manufacturing unions. We are driving end up finding out there is a little pro- in this country because it’s not an hon- those jobs out of America. But any his- vision—and, like I say, I was up until est tax. Governments had represented torian will tell you, when a nation that about 5 a.m. Tuesday going through to voters for years and years that we is protecting other nations—and we this lovely thing, but there is a provi- have got this tax over here. We go after are; we are protecting the free world— sion at the bottom of one of the pages, the mean, evil, greedy corporations— that requires that nation to have a rather obscure, and my staff made cop- and some do have greed as a material military. ies. I’ve got the best staff in the world,

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.078 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6228 CONGRESSIONAL RECORD — HOUSE September 15, 2011 but I don’t believe they got my tag tion that’s created and will just really work together as friends, disagreeing back on that page. The title of the lit- make sure that Big Brother govern- on issues. tle section is Federal and State Immu- ment intrudes in your life. But unless one person has a 100 per- nity, but then you read the section, it When you boil it all down, we have a cent lock on God’s truth 100 percent of has nothing to do with Federal immu- moral problem in America. The Found- the time, we should listen to each nity. Under the law, the Federal Gov- ers continually pointed to God and said other, not condemn each other; and we ernment and the State government are that’s where we need to have our focus. can get these things worked out, put immune from being sued, but in that As Ben Franklin said, without His con- greed aside and help this country last provision it actually says that, gee, if a curring aid, we will succeed in our po- 200 more years. State accepts any money at all from litical building no better than the With that, Mr. Speaker, I yield back the Federal Government, any money at builders of Babel. We’ll be confounded the balance of my time. all, then they have effectively waived by our local partial interests, and we, f their sovereign immunity and are ourselves, shall become a byword down REPORT REGARDING ICELAND’S therefore subject to suit. through the ages. COMMERCIAL WHALING ACTIVI- I just found it. It’s page 133: So whether anybody believes in God TIES—MESSAGE FROM THE ‘‘A State’s receipt or use of Federal or not, as the Founders did, over a PRESIDENT OF THE UNITED financial assistance for any program or third of the Declaration of Independ- STATES (H. DOC. NO. 112–54) activity of a State shall constitute a ence signers were not just Christians, waiver of sovereign immunity, under they were ordained ministers, to take The SPEAKER pro tempore laid be- the 11th Amendment to the Constitu- one’s eyes off of self and put them on fore the House the following message from the President of the United tion or otherwise, to a suit brought by something higher and greater avoids States; which was read and, together an employee or applicant for employ- the kind of engorgement, the self-satis- with the accompanying papers, referred ment of that program or activity.’’ It faction, the self-emphasis that we’ve to the Committee on Natural Re- goes on. gotten into. That’s the reason you run sources and ordered to be printed: So at a time when States say we up trillions of dollars of debt without can’t afford any more unfunded man- any regard for the children, the grand- To the Congress of the United States: dates, the President proposes a bill to children, and the generations to come. On July 19, 2011, Secretary of Com- let them get sued a bunch more by peo- I have to make this personal note ref- merce Gary Locke certified under sec- ple who are unemployed. That’s just erence. It breaks my heart to see that tion 8 of the Fisherman’s Protective got to be great news. in college football. Nobody loves col- Act of 1967, as amended (the ‘‘Pelly And we’re seeing the hearings go on lege football more than I do. I attended Amendment’’) (22 U.S.C. 1978), that na- about Solyndra. This administration, Texas A&M, and I know a lot of people tionals of Iceland are conducting whal- it appears from the evidence, we’ll get are excited about Texas A&M perhaps ing activities that diminish the effec- the final verdict later, but they rushed going to the Southeastern Conference tiveness of the International Whaling in to give them $500 million of stimulus for money. All about money. The tradi- Commission (IWC) conservation pro- money so crony capitalism could occur tions of Texas A&M make it unique gram. This message constitutes my re- and certain people could engorge them- and I think the greatest public institu- port to the Congress consistent with selves, and all at the taxpayers’ ex- tion of higher education in the coun- subsection (b) of the Pelly Amendment. pense, and it turns out that probably try. I’m very proud of it, but it’s the In 1982, the IWC set catch limits for future generations will be paying for traditions. And now we see that over a all commercial whaling at zero. This that. hundred years of tradition, going back decision, known as the commercial If you like the way that was handled, to 1876, are ready to be thrown away whaling moratorium, is in effect today. you’ve got to be reassured, because in for money. Just money. Greed money. Iceland abided by the moratorium until this bill there are a number of ref- Forget tradition that makes your in- 1992, when it withdrew from the IWC. erences that green programs, like stitution great. Forget it all. Forget In 2002, Iceland rejoined the IWC with a Solyndra, will have priority, and we’ll the State rivalries. Forget it all. We’re reservation to the moratorium on com- rush a lot more money out there. talking about cash. mercial whaling. In 2003, Iceland began There are a lot of things we could Isn’t that what got us in trouble in a lethal scientific research whaling agree on in that bill that the President this country in the first place, when we program. In 2004, Secretary of Com- never had anybody willing to file. put cash, greed for ourselves above the merce Donald L. Evans certified Ice- There was a provision for a payroll tax interests of the country or the institu- land under the Pelly Amendment for holiday. Well, you would figure I’d sup- tions we represent? lethal scientific research whaling. port that. I’m the guy who proposed it To close with this example, my sen- When Iceland resumed commercial 3 years ago and personally explained it ior year in the Corps Cadets, I was the whaling in 2006, Secretary Carlos M. to the President and Larry Summers in second level below the Corps com- Gutierrez retained Iceland’s certifi- January of 2009. But it sure would’ve mander. I was one level right below the cation, which remains in effect today. been better if we did it before this ad- commander. There were four of us at Iceland’s commercial harvest of fin ministration squandered $4.5 trillion that level, major unit commanders. whales escalated dramatically over the more than we brought in. We could’ve There was a Corps commander. He past few years. In addition, Iceland re- given everybody in the United States didn’t get along very well. He didn’t cently resumed exporting whale prod- who pays income tax a tax holiday for play very well with others. And the ucts. Of particular concern to the 3 years, and it would’ve only run up first meeting we had, all of the senior United States, Iceland harvested 125 $3.6 trillion. We would have saved $900 leaders in the Corps Cadets, he had his endangered fin whales in 2009 and 148 in billion. If you don’t think that people staff put together tables end to end. He 2010, a significant increase from the having all of their own income tax got up there with a corncob pipe like total of 7 fin whales it commercially from 3 years would’ve stimulated this MacArthur, walked up and down and harvested between 1987 and 2007. economy, then you need to embrace condescended and cajoled all his class- Iceland’s sole fin whaling company, this President’s bill because you’ll love mates like they were 2-year-olds. Hvalur hf, suspended its fin whaling it. due to the earthquake and tsunami in Nonetheless, there are things that we b 1530 Japan, where it exports its whale meat. could agree on. Both Houses, both par- I approached him after the meeting Despite this suspension, Iceland con- ties, I think, agree that we were will- and I said, Man, these guys have seen tinues to permit whaling and has a ing to sell some more broadband spec- you naked. We’re all classmates. We’re government issued fin whale quota in trum. That’s there in the bill, but then all friends. You need to try to work to- effect for the 2011 season that con- he uses that as a platform to create an- gether. Don’t just condemn everybody. tinues to exceed catch levels that the other bureaucracy, a Big Brother com- And I think if we could get to that IWC’s scientific body advised would be ing into your computer, because it’s level in here—not that we run around sustainable if the moratorium was re- the Public Safety Broadband Corpora- naked together—but just where we can moved. This continues to present a

VerDate Mar 15 2010 02:12 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K15SE7.079 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE September 15, 2011 CONGRESSIONAL RECORD — HOUSE H6229 threat to the conservation of fin merce to continue to keep the situa- ander, Jason Altmire, Justin Amash, Mark whales. Further, Icelandic nationals tion under review and continue to urge E. Amodei, Robert E. Andrews, Steve Aus- continue to hunt minke whales com- Iceland to cease its commercial whal- tria, Joe Baca, Michele Bachmann, Spencer mercially and Iceland’s exports of Bachus, Tammy Baldwin, Lou Barletta, John ing activities. Further, within 6 Barrow, Roscoe G. Bartlett, Joe Barton, whale meat to Japan reportedly in- months, or immediately upon the re- Charles F. Bass, Karen Bass, Xavier Becerra, creased significantly in both March sumption of fin whaling by Icelandic Dan Benishek, Rick Berg, Shelley Berkley, and April 2011. nationals, I have directed relevant de- Howard L. Berman, Judy Biggert, Brian P. Iceland’s actions threaten the con- partments and agencies to report to me Bilbray, Gus M. Bilirakis, Rob Bishop, San- servation status of an endangered spe- through the Departments of State and ford D. Bishop, Jr., Timothy H. Bishop, cies and undermine multilateral efforts Commerce on their actions. I believe Diane Black, Marsha Blackburn, Earl Blu- to ensure greater worldwide protection these actions hold the most promise of menauer, John A. Boehner, Jo Bonner, Mary for whales. Iceland’s increased com- Bono Mack, Madeleine Z. Bordallo, Dan effecting a reduction in Iceland’s com- Boren, Leonard L. Boswell, Charles W. Bou- mercial whaling and recent trade in mercial whaling activities. stany, Jr., Kevin Brady, Robert A. Brady, whale products diminish the effective- BARACK OBAMA. Bruce L. Braley, Mo Brooks, Paul C. Broun, ness of the IWC’s conservation program THE WHITE HOUSE, September 15, 2011. Corrine Brown, Vern Buchanan, Larry because: (1) Iceland’s commercial har- f Bucshon, Ann Marie Buerkle, Michael C. vest of whales undermines the morato- Burgess, Dan Burton, G. K. Butterfield, Ken rium on commercial whaling put in LEAVE OF ABSENCE Calvert, Dave Camp, John Campbell, Fran- cisco ‘‘Quico’’ Canseco, Eric Cantor, Shelley place by the IWC to protect plum- By unanimous consent, leave of ab- meting whale stocks; (2) the fin whale Moore Capito, Lois Capps, Michael E. Capu- sence was granted to: ano, Dennis A. Cardoza, Russ Carnahan, harvest greatly exceeds catch levels Mr. WEBSTER (at the request of Mr. John C. Carney, Jr., Andre´ Carson, John R. that the IWC’s scientific body advised CANTOR) for today on account of at- Carter, Bill Cassidy, Kathy Castor, Steve would be sustainable if the moratorium tending a memorial service for David Chabot, Jason Chaffetz, Ben Chandler, Donna were removed; and (3) Iceland’s har- Bitner. M. Christensen, Judy Chu, David N. Cicilline, vests are not likely to be brought Hansen Clarke, Yvette D. Clarke, Wm. Lacy under IWC management and control at f Clay, Emanuel Cleaver, James E. Clyburn, sustainable levels through multilateral ADJOURNMENT Howard Coble, Mike Coffman, Steve Cohen, Tom Cole, K. Michael Conaway, Gerald E. efforts at the IWC. Mr. GOHMERT. Mr. Speaker, I move ‘‘Gerry’’ Connolly, John Conyers, Jr., Jim In his letter of July 19, 2011, Sec- that the House do now adjourn. Cooper, Jim Costa, Jerry F. Costello, Joe retary Locke expressed his concern for The motion was agreed to; accord- Courtney, Chip Cravaack, Eric A. ‘‘Rick’’ these actions, and I share these con- ingly (at 3 o’clock and 34 minutes Crawford, Ander Crenshaw, Mark S. Critz, cerns. To ensure that this issue con- Joseph Crowley, Henry Cuellar, John Abney p.m.), under its previous order, the tinues to receive the highest level of Culberson, Elijah E. Cummings, Danny K. House adjourned until Monday, Sep- attention, I direct: (1) relevant U.S. Davis, Geoff Davis, Susan A. Davis, Peter A. tember 19, 2011, at noon. delegations attending meetings with DeFazio, Diana DeGette, Rosa L. DeLauro, f Jeff Denham, Charles W. Dent, Scott Icelandic officials and senior Adminis- DesJarlais, Theodore E. Deutch, Mario Diaz- tration officials visiting Iceland to OATH OF OFFICE MEMBERS, RESI- Balart, Norman D. Dicks, John D. Dingell, raise U.S. concerns regarding commer- DENT COMMISSIONER, AND DEL- Lloyd Doggett, Robert J. Dold, Joe Don- cial whaling by Icelandic companies EGATES nelly, Michael F. Doyle, David Dreier, Sean and seek ways to halt such action; (2) P. Duffy, Jeff Duncan, John J. Duncan, Jr., Cabinet secretaries to evaluate the ap- The oath of office required by the Donna F. Edwards, Keith Ellison, Renee L. propriateness of visits to Iceland de- sixth article of the Constitution of the Ellmers, Jo Ann Emerson, Eliot L. Engel, Anna G. Eshoo, Eni F.H. Faleomavaega, pending on continuation of the current United States, and as provided by section 2 of the act of May 13, 1884 (23 Blake Farenthold, Sam Farr, Chaka Fattah, suspension of fin whaling; (3) the De- Bob Filner, Stephen Lee Fincher, Michael G. partment of State to examine Arctic Stat. 22), to be administered to Mem- bers, Resident Commissioner, and Dele- Fitzpatrick, Jeff Flake, Charles J. ‘‘Chuck’’ cooperation projects, and where appro- Fleischmann, John Fleming, Bill Flores, J. priate, link U.S. cooperation to the Ice- gates of the House of Representatives, Randy Forbes, Jeff Fortenberry, Virginia landic government changing its whal- the text of which is carried in 5 U.S.C. Foxx, Barney Frank, Trent Franks, Rodney ing policy and abiding by the IWC mor- 3331: P. Frelinghuysen, Marcia L. Fudge, Elton atorium on commercial whaling; (4) ‘‘I, AB, do solemnly swear (or af- Gallegly, John Garamendi, Cory Gardner, firm) that I will support and defend Scott Garrett, Jim Gerlach, Bob Gibbs, the Departments of Commerce and Christopher P. Gibson, Gabrielle Giffords, State to consult with other inter- the Constitution of the United States against all enemies, foreign Phil Gingrey, Louie Gohmert, Charles A. national actors on efforts to end Ice- Gonzalez, Bob Goodlatte, Paul A. Gosar, landic commercial whaling and have and domestic; that I will bear true Trey Gowdy, Kay Granger, Sam Graves, Tom Iceland abide by the IWC moratorium faith and allegiance to the same; Graves, Al Green, Gene Green, Tim Griffin, on commercial whaling; (5) the Depart- that I take this obligation freely, H. Morgan Griffith, Rau´ l M. Grijalva, Mi- ment of State to inform the Govern- without any mental reservation or chael G. Grimm, Frank C. Guinta, Brett Guthrie, Luis V. Gutierrez, Janice Hahn, ment of Iceland that the United States purpose of evasion; and that I will well and faithfully discharge the Ralph M. Hall, Colleen W. Hanabusa, Richard will continue to monitor the activities L. Hanna, Jane Harman*, Gregg Harper, of Icelandic companies that engage in duties of the office on which I am about to enter. So help me God.’’ Andy Harris, Vicky Hartzler, Alcee L. Has- commercial whaling; and (6) relevant tings, Doc Hastings, Nan A. S. Hayworth, Jo- U.S. agencies to continue to examine has been subscribed to in person and seph J. Heck, Martin Heinrich, Dean Heller*, other options for responding to contin- filed in duplicate with the Clerk of the Jeb Hensarling, Wally Herger, Jaime Herrera ued whaling by Iceland. House of Representatives by the fol- Beutler, Brian Higgins, James A. Himes, I concur with the Secretary of Com- lowing Member of the 112th Congress, Maurice D. Hinchey, Rube´n Hinojosa, Mazie merce’s recommendation to pursue the pursuant to the provisions of 2 U.S.C. K. Hirono, Kathleen C. Hochul, Tim Holden, 25: Rush D. Holt, Michael M. Honda, Steny H. use of non-trade measures and that the Hoyer, Tim Huelskamp, Bill Huizenga, actions outlined above are the appro- MARK E. AMODEI, Nevada Second. Randy Hultgren, Duncan Hunter, Robert priate course of action to address this ROBERT L. TURNER, New York Ninth. Hurt, Jay Inslee, Steve Israel, Darrell E. issue. Accordingly, I am not directing f Issa, Jesse L. Jackson, Jr., Sheila Jackson the Secretary of the Treasury to im- Lee, Lynn Jenkins, Bill Johnson, Eddie Ber- pose trade measures on Icelandic prod- OATH FOR ACCESS TO CLASSIFIED nice Johnson, Henry C. ‘‘Hank’’ Johnson, Jr., ucts for the whaling activities that led INFORMATION Sam Johnson, Timothy V. Johnson, Walter to the certification by the Secretary of Under clause 13 of rule XXIII, the fol- B. Jones, Jim Jordan, Marcy Kaptur, Wil- liam R. Keating, Mike Kelly, Dale E. Kildee, Commerce. However, to ensure that lowing Members executed the oath for Ron Kind, Peter T. King, Steve King, Jack this issue continues to receive the access to classified information: Kingston, Adam Kinzinger, Larry Kissell, highest level of attention, I am direct- Gary L. Ackerman, Sandy Adams, Robert John Kline, Rau´ l R. Labrador, Doug Lam- ing the Departments of State and Com- B. Aderholt, W. Todd Akin, Rodney Alex- born, Leonard Lance, Jeffrey M. Landry,

VerDate Mar 15 2010 03:05 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A15SE7.045 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6230 CONGRESSIONAL RECORD — HOUSE September 15, 2011 James R. Langevin, James Lankford, Rick EXECUTIVE COMMUNICATIONS, Mr. UPTON: Committee on Energy and Larsen, John B. Larson, Tom Latham, Ste- ETC. Commerce. H.R. 2401. A bill to require anal- ven C. LaTourette, Robert E. Latta, Barbara yses of the cumulative and incremental im- Lee, Christopher J. Lee*, Sander M. Levin, Under clause 2 of rule XIV, executive pacts of certain rules and actions of the En- Jerry Lewis, John Lewis, Daniel Lipinski, communications were taken from the vironmental Protection Agency, and for Frank A. LoBiondo, David Loebsack, Zoe Speaker’s table and referred as follows: other purposes; with an amendment (Rept. Lofgren, Billy Long, Nita M. Lowey, Frank 3104. A letter from the Secretary, Depart- 112–208). Referred to the Committee of the D. Lucas, Blaine Luetkemeyer, Ben Ray ment of Agriculture, transmitting a report Whole House on the state of the Union. Luja´ n, Cynthia M. Lummis, Daniel E. Lun- of a violation of the Antideficiency Act in Mr. MILLER of Florida: Committee on gren, Stephen F. Lynch, Connie Mack, Caro- the Rural Utilities’ Distance Learning, Tele- Veterans’ Affairs. H.R. 2646. A bill to author- lyn B. Maloney, Donald A. Manzullo, Kenny medicine, and Broadband (Broadband) Pro- ize certain Department of Veterans Affairs Marchant, Tom Marino, Edward J. Markey, grams account, 12-1232; to the Committee on major medical facility projects and leases, to Jim Matheson, Doris O. Matsui, Kevin Appropriations. extend certain expiring provisions of law, McCarthy, Carolyn McCarthy, Michael T. 3105. A letter from the Under Secretary, and to modify certain authorities of the Sec- McCaul, Tom McClintock, Betty McCollum, Department of Defense, transmitting a re- retary of Veterans Affairs, and for other pur- Thaddeus G. McCotter, Jim McDermott, port of a violation of the Antideficiency Act, poses; with an amendment (Rept. 112–209). James P. McGovern, Patrick T. McHenry, Army Case Number 10-05; to the Committee Referred to the Committee of the Whole Mike McIntyre, Howard P. ‘‘Buck’’ McKeon, on Appropriations. House on the state of the Union. 3106. A letter from the Secretary, Depart- David B. McKinley, Cathy McMorris Rod- ment of the Treasury, transmitting a report f gers, Jerry McNerney, Patrick Meehan, entitled ‘‘Report to the Congress on Secured Gregory W. Meeks, John L. Mica, Michael H. PUBLIC BILLS AND RESOLUTIONS Creditor Haircuts’’; to the Committee on Fi- Michaud, Brad Miller, Candice S. Miller, nancial Services. Under clause 2 of rule XII, public Gary G. Miller, George Miller, Jeff Miller, 3107. A letter from the Secretary, Depart- bills and resolutions of the following Gwen Moore, James P. Moran, Mick ment of the Treasury, transmitting As re- titles were introduced and severally re- Mulvaney, Christopher S. Murphy, Tim Mur- quired by section 401(c) of the National ferred, as follows: phy, Sue Wilkins Myrick, Jerrold Nadler, Emergencies Act, 50 U.S.C. 1641(c), and sec- By Mr. POLIS: Grace F. Napolitano, Richard E. Neal, Randy tion 204(c) of the International Emergency Neugebauer, Kristi L. Noem, Eleanor Holmes H.R. 2935. A bill to authorize the full fund- Economic Powers Act with respect to Cote ing of part B of the Individuals with Disabil- Norton, Richard Nugent, Devin Nunes, Alan d’Ivoire that was declared in Executive Order Nunnelee, Pete Olson, John W. Olver, Wil- ities Education Act by making certain 13396 of February 7, 2006, pursuant to 50 spending cuts to the Department of Defense; liam L. Owens, Steven M. Palazzo, Frank U.S.C. 1641(c); to the Committee on Foreign Pallone, Jr., Bill Pascrell, Jr., Ed Pastor, to the Committee on Education and the Affairs. Workforce, and in addition to the Committee Ron Paul, Erik Paulsen, Donald M. Payne, 3108. A letter from the Under Secretary, on Armed Services, for a period to be subse- Stevan Pearce, Nancy Pelosi, Mike Pence, Department of the Treasury, transmitting a quently determined by the Speaker, in each Ed Perlmutter, Gary C. Peters, Collin C. six-month periodic report on the National case for consideration of such provisions as Peterson, Thomas E. Petri, Pedro R. Emergency with respect to persons who com- fall within the jurisdiction of the committee Pierluisi, Chellie Pingree, Joseph R. Pitts, mit, threaten to commit, or support ter- concerned. Todd Russell Platts, Ted Poe, Jared Polis, rorism that was declared in Executive Order By Mr. BOREN (for himself, Mr. DON- Mike Pompeo, Bill Posey, David E. Price, 13224 of September 23, 2001, pursuant to 50 NELLY of Indiana, Mr. ALTMIRE, Mr. Tom Price, Benjamin Quayle, Mike Quigley, U.S.C. 1641(c); to the Committee on Foreign BACA, Mr. BARROW, Mr. CARDOZA, Mr. Nick J. Rahall II, Charles B. Rangel, Tom Affairs. MATHESON, Mr. MCINTYRE, Mr. Reed, Denny Rehberg, David G. Reichert, 3109. A letter from the Assistant Secretary, MICHAUD, Mr. ROSS of Arkansas, Mr. James B. Renacci, Silvestre Reyes, Reid J. Legislative Affairs, Department of State, SCHIFF, Mr. DAVID SCOTT of Georgia, Ribble, Laura Richardson, Cedric L. Rich- transmitting the Department’s report enti- and Mr. SHULER): mond, E. Scott Rigell, David Rivera, Martha tled, ‘‘Country Reports on Terrorism 2010’’; H.R. 2936. A bill to amend the Small Busi- Roby, David P. Roe, Harold Rogers, Mike to the Committee on Foreign Affairs. ness Jobs Act of 2010 with respect to the Rogers, Mike Rogers, Dana Rohrabacher, 3110. A letter from the Associate General Small Business Administration’s Express Todd Rokita, Thomas J. Rooney, Ileana Ros- Counsel for General Law, Department of Loan Program, and for other purposes; to the Lehtinen, Peter J. Roskam, Dennis Ross, Homeland Security, transmitting a report Committee on Small Business. Mike Ross, Steven R. Rothman, Lucille Roy- pursuant to the Federal Vacancies Reform By Mr. UPTON (for himself and Mr. bal-Allard, Edward R. Royce, Jon Runyan, C. Act of 1998; to the Committee on Oversight DINGELL): A. Dutch Ruppersberger, Bobby L. Rush, and Government Reform. 3111. A letter from the Director, Office of H.R. 2937. A bill to amend title 49, United Paul Ryan, Tim Ryan, Gregorio Kilili States Code, to provide for enhanced safety Camacho Sablan, Linda T. Sa´ nchez, Loretta Personnel Management, transmitting the Of- fice’s Federal Activities Inventory Reform and environmental protection in pipeline Sanchez, John P. Sarbanes, Steve Scalise, transportation, to provide for enhanced reli- Janice D. Schakowsky, Adam B. Schiff, Rob- (FAIR) Act Inventory Summary as of June 30, 2010 and June 30, 2011; to the Committee ability in the transportation of the Nation’s ert T. Schilling, Jean Schmidt, Aaron energy products by pipeline, and for other Schock, Kurt Schrader, Allyson Y. Schwartz, on Oversight and Government Reform. 3112. A letter from the Secretary, Depart- purposes; to the Committee on Transpor- David Schweikert, Austin Scott, David ment of Health and Human Services, trans- tation and Infrastructure, and in addition to Scott, Robert C. ‘‘Bobby’’ Scott, Tim Scott, mitting the Medicare Ombudsman report to the Committee on Energy and Commerce, for F. James Sensenbrenner, Jr., Jose´ E. Congress for the year 2009; jointly to the a period to be subsequently determined by Serrano, Pete Sessions, Terri A. Sewell, Brad Committees on Energy and Commerce and the Speaker, in each case for consideration Sherman, John Shimkus, Heath Shuler, Bill Ways and Means. of such provisions as fall within the jurisdic- Shuster, Michael K. Simpson, Albio Sires, 3113. A letter from the Secretary, Depart- tion of the committee concerned. Louise McIntosh Slaughter, Adam Smith, ment of Health and Human Services, trans- By Mr. FRANKS of Arizona (for him- Adrian Smith, Christopher H. Smith, Lamar mitting a report entitled ‘‘Evaluation of the self, Mr. FLAKE, Mr. GOSAR, Mr. Smith, Steve Southerland, Jackie Speier, National Competitive Bidding Program For QUAYLE, and Mr. SCHWEIKERT): Cliff Stearns, Steve Stivers, Marlin A. Durable Medical Equipment, Prosthetics, H.R. 2938. A bill to prohibit certain gaming Stutzman, John Sullivan, Betty Sutton, Lee Orthotics, and Supplies’’; jointly to the Com- activities on certain Indian lands in Arizona; Terry, Bennie G. Thompson, Glenn Thomp- mittees on Ways and Means and Energy and to the Committee on Natural Resources. son, Mike Thompson, Mac Thornberry, Pat- Commerce. By Ms. SLAUGHTER: rick J. Tiberi, John F. Tierney, Scott Tip- f H.R. 2939. A bill to provide for the disposal ton, Paul Tonko, Edolphus Towns, Niki of drugs pursuant to national pharma- Tsongas, Michael R. Turner, Robert L. Tur- REPORTS OF COMMITTEES ON ceutical stewardship programs, and for other ner, Fred Upton, Chris Van Hollen, Nydia M. PUBLIC BILLS AND RESOLUTIONS purposes; to the Committee on Energy and Vela´ zquez, Peter J. Visclosky, Tim Walberg, Under clause 2 of rule XIII, reports of Commerce, and in addition to the Committee Greg Walden, Joe Walsh, Timothy J. Walz, on Ways and Means, for a period to be subse- Debbie Wasserman Schultz, Maxine Waters, committees were delivered to the Clerk quently determined by the Speaker, in each Melvin L. Watt, Henry A. Waxman, Daniel for printing and reference to the proper case for consideration of such provisions as Webster, Anthony D. Weiner*, Peter Welch, calendar, as follows: fall within the jurisdiction of the committee Allen B. West, Lynn A. Westmoreland, Ed Mr. WOODALL: Committee on Rules. H. concerned. Whitfield, Frederica Wilson, Joe Wilson, Res. 399. A resolution providing for consider- By Mr. MCCARTHY of California: Robert J. Wittman, Frank R. Wolf, Steve ation of the joint resolution (H.J. Res. 79) H.R. 2940. A bill to direct the Securities Womack, Rob Woodall, Lynn C. Woolsey, making continuing appropriations for fiscal and Exchange Commission to eliminate the David Wu*, John A. Yarmuth, Kevin Yoder, year 2012, and for other purposes (Rept. 112– prohibition against general solicitation as a C.W. Bill Young, Don Young, Todd C. Young. 207). Referred to the House Calendar. requirement for a certain exemption under

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Regulation D; to the Committee on Finan- MICHAUD, Mr. ROSS of Arkansas, Mr. Mississippi, Mr. TOWNS, Ms. WATERS, cial Services. SCHIFF, Mr. DAVID SCOTT of Georgia, Mr. WATT, Ms. WILSON of Florida, and By Mr. QUAYLE (for himself, Mr. and Mr. SHULER): Ms. WOOLSEY): PAUL, Mr. MCHENRY, Mr. YODER, Mr. H.R. 2949. A bill to amend the Small Busi- H.R. 2954. A bill to improve the health of HULTGREN, Mr. SMITH of Texas, and ness Act with respect to goals for procure- minority individuals, and for other purposes; Mr. DOLD): ment contracts awarded to small business to the Committee on Energy and Commerce, H.R. 2941. A bill to make the internal con- concerns, and for other purposes; to the and in addition to the Committees on Ways trol reporting and assessment requirements Committee on Small Business. and Means, Education and the Workforce, of the Sarbanes-Oxley Act of 2002 optional By Mr. DONNELLY of Indiana (for the Budget, Veterans’ Affairs, Armed Serv- for certain smaller companies; to the Com- himself, Mr. BOREN, Mr. ALTMIRE, Mr. ices, Agriculture, the Judiciary, and Natural mittee on Financial Services. BACA, Mr. BARROW, Mr. CARDOZA, Mr. Resources, for a period to be subsequently By Mr. KING of Iowa (for himself, Mr. MATHESON, Mr. MCINTYRE, Mr. ROSS determined by the Speaker, in each case for GRAVES of Missouri, Mr. TERRY, Mr. of Arkansas, Mr. SCHIFF, Mr. DAVID consideration of such provisions as fall with- LATHAM, Mr. BRALEY of Iowa, Mr. SCOTT of Georgia, Mr. SHULER, and in the jurisdiction of the committee con- BOSWELL, Mr. LOEBSACK, Mr. FORTEN- Mr. MICHAUD): cerned. BERRY, Mrs. NOEM, Mr. LUETKE- H.R. 2950. A bill to amend the Small Busi- By Mr. MICHAUD: H.R. 2955. A bill to amend title 10, United MEYER, Mrs. HARTZLER, and Mr. ness Jobs Act of 2010 with respect to small States Code, to clarify the requirement of CLEAVER): business access to capital, and for other pur- H.R. 2942. A bill to direct the Chief of the poses; to the Committee on Small Business. the Department of Defense to procure foot- Army Corps of Engineers to revise the Mis- By Mr. FORBES (for himself, Mr. wear from American sources; to the Com- souri River Mainstem Reservoir System LIPINSKI, Mr. SMITH of New Jersey, mittee on Armed Services. Master Water Control Manual to ensure Mr. COFFMAN of Colorado, Mr. By Ms. MOORE (for herself and Ms. greater storage capacity to prevent serious FRANKS of Arizona, Mr. LAMBORN, Mr. FUDGE): H.R. 2956. A bill to amend title 39, United downstream flooding; to the Committee on HENSARLING, Mrs. SCHMIDT, Mr. States Code, to provide for additional cri- Transportation and Infrastructure. WESTMORELAND, Mr. PITTS, Mrs. teria for the United States Postal Service to By Mr. DAVIS of Kentucky: BLACKBURN, Mrs. ELLMERS, Mr. consider with respect to closing or consoli- H.R. 2943. A bill to extend the program of LATTA, Mr. CANSECO, Mr. PENCE, Mr. dating a post office, and for other purposes; block grants to States for temporary assist- NUNNELEE, Mr. WITTMAN, Mr. MILLER to the Committee on Oversight and Govern- ance for needy families and related programs of Florida, Mr. HUELSKAMP, and Mr. ment Reform. through December 31, 2011; to the Committee FLEMING): By Mr. NADLER: on Ways and Means, and in addition to the H.R. 2951. A bill to intensify stem cell re- H.R. 2957. A bill to amend the Immigration Committee on the Budget, for a period to be search showing evidence of substantial clinical benefit to patients, and for other pur- and Nationality Act to exempt certain elder- subsequently determined by the Speaker, in ly persons from demonstrating an under- each case for consideration of such provi- poses; to the Committee on Energy and Com- merce. standing of the English language and the his- sions as fall within the jurisdiction of the tory, principles, and form of government of By Mr. HUNTER (for himself, Mr. BUR- committee concerned. the United States as a requirement for natu- TON of Indiana, Mr. ROSS of Florida, By Mr. SMITH of Texas (for himself, ralization, and to permit certain other elder- Mr. CRAVAACK, Mr. BROOKS, Mr. Mr. CONYERS, Mr. SENSENBRENNER, ly persons to take the history and govern- WESTMORELAND, Mr. MILLER of Flor- and Mr. SCOTT of Virginia): ment examination in a language of their H.R. 2944. A bill to provide for the contin- ida, Mr. LATTA, Mr. MCKINLEY, Mr. choice; to the Committee on the Judiciary. ued performance of the functions of the GINGREY of Georgia, Mr. JOHNSON of By Ms. NORTON: United States Parole Commission, and for Ohio, Mr. ROYCE, Mr. DUNCAN of Ten- H.R. 2958. A bill to provide a short-term other purposes; to the Committee on the Ju- nessee, Mr. FLEMING, Mr. POSEY, Mr. disability insurance program for Federal em- diciary. GOHMERT, Mr. FLORES, Mr. DUNCAN of ployees for disabilities that are not work-re- By Mr. WALSH of Illinois: South Carolina, Mrs. LUMMIS, Mr. lated, and for other purposes; to the Com- H.R. 2945. A bill to amend the Internal Rev- ROE of Tennessee, and Mr. SCALISE): mittee on Oversight and Government Re- H.R. 2952. A bill to provide for expedited re- enue Code of 1986 to provide for the indexing form. moval of certain aliens, and for other pur- of certain assets for purposes of determining By Mr. NUNES (for himself, Mr. KIND, poses; to the Committee on the Judiciary. gain or loss; to the Committee on Ways and Mr. BLUMENAUER, Mr. COLE, Mr. By Mr. LANGEVIN (for himself and Means. LUCAS, Mr. RANGEL, Mr. CALVERT, Mr. STARK): By Mr. COHEN: Mr. JOHNSON of Illinois, Mrs. H.R. 2946. A bill to require that vessels H.R. 2953. A bill to require States to take ELLMERS, Mr. MARCHANT, Mr. SIMP- used to engage in drilling for oil or gas in certain additional steps to assist children in SON, Mr. LATHAM, Mr. BOSWELL, Mr. ocean waters that are subject to the jurisdic- foster care in making the transition to inde- DENHAM, Mr. BOREN, Mrs. CAPPS, and tion of the United States must be docu- pendent living, and for other purposes; to the Committee on Ways and Means. Mrs. NOEM): mented under chapter 121 of title 46, United H.R. 2959. A bill to amend the Internal Rev- By Ms. LEE (for herself, Mrs. States Code; to the Committee on Transpor- enue Code of 1986 to provide for the deduct- CHRISTENSEN, Ms. ROYBAL-ALLARD, tation and Infrastructure. ibility of charitable contributions to agricul- Ms. BASS of California, Mr. BISHOP of By Mr. CRAVAACK: tural research organizations, and for other Georgia, Ms. BORDALLO, Mr. BROOKS, H.R. 2947. A bill to provide for the release purposes; to the Committee on Ways and Ms. BROWN of Florida, Mr. of the reversionary interest held by the Means. United States in certain land conveyed by BUTTERFIELD, Mr. CARSON of Indiana, By Mr. OLSON (for himself, Mr. GUTH- the United States in 1950 for the establish- Ms. CHU, Mr. CLARKE of Michigan, RIE, and Mr. SESSIONS): ment of an airport in Cook County, Min- Ms. CLARKE of New York, Mr. CLAY, H.R. 2960. A bill to amend the Public nesota; to the Committee on Natural Re- Mr. CLEAVER, Mr. COHEN, Mr. CON- Health Service Act to foster more effective sources. YERS, Mr. CUMMINGS, Mr. DAVIS of Il- implementation and coordination of clinical By Ms. DELAURO (for herself, Ms. NOR- linois, Ms. DEGETTE, Ms. DELAURO, care for people with pre-diabetes and diabe- TON, Mr. CICILLINE, Ms. BASS of Cali- Ms. EDWARDS, Mr. ELLISON, Mr. tes; to the Committee on Energy and Com- fornia, Ms. SLAUGHTER, Ms. HIRONO, FALEOMAVAEGA, Mr. FATTAH, Ms. merce. Ms. SCHAKOWSKY, Mr. TONKO, Mr. FUDGE, Mr. GONZALEZ, Mr. AL GREEN By Mr. POMPEO (for himself, Mr. GUTIERREZ, Ms. CLARKE of New York, of Texas, Mr. GRIJALVA, Mr. GUTIER- LANKFORD, Ms. JENKINS, Mr. Mr. JACKSON of Illinois, Mr. ELLISON, REZ, Ms. HAHN, Ms. HANABUSA, Mr. HUELSKAMP, Mr. YODER, Mr. LUCAS, Mrs. CAPPS, Mr. BLUMENAUER, Mr. HASTINGS of Florida, Ms. HIRONO, Mr. Mr. BOREN, Mr. COLE, Mr. SULLIVAN, TIERNEY, Ms. RICHARDSON, Mr. NAD- HONDA, Mr. JACKSON of Illinois, Ms. and Mr. GRIFFITH of Virginia): LER, Ms. ESHOO, and Mr. COHEN): JACKSON LEE of Texas, Mr. JOHNSON H.R. 2961. A bill to amend the Patient Pro- H.R. 2948. A bill to provide assistance for of Georgia, Ms. EDDIE BERNICE JOHN- tection and Affordable Care Act to have the modernization, renovation, and repair of SON of Texas, Mr. LEWIS of Georgia, Early Innovator grant funds returned by elementary and secondary school buildings Mr. KUCINICH, Ms. MATSUI, Mr. States apply towards deficit reduction; to in public school districts, as well as commu- MCGOVERN, Mr. MEEKS, Ms. MOORE, the Committee on Energy and Commerce. nity colleges, across America in order to sup- Mrs. NAPOLITANO, Ms. NORTON, Mr. By Mr. REED (for himself, Mr. PAS- port the achievement of improved edu- OLVER, Mr. PAYNE, Mr. PIERLUISI, Mr. CRELL, Mr. NUNES, Mr. LARSON of cational outcomes in those schools, and for RANGEL, Mr. REYES, Ms. RICHARDSON, Connecticut, Mr. HERGER, and Mr. other purposes; to the Committee on Edu- Mr. RICHMOND, Mr. RUSH, Mr. PITTS): cation and the Workforce. SABLAN, Ms. LINDA T. SA´ NCHEZ of H.R. 2962. A bill to amend the Internal Rev- By Mr. DONNELLY of Indiana (for California, Ms. SCHAKOWSKY, Mr. enue Code of 1986 to modify the depreciation himself, Mr. BOREN, Mr. ALTMIRE, Mr. SCOTT of Virginia, Mr. DAVID SCOTT recovery period for energy-efficient cool roof BACA, Mr. BARROW, Mr. CARDOZA, Mr. of Georgia, Mr. SERRANO, Mr. SIRES, systems; to the Committee on Ways and MATHESON, Mr. MCINTYRE, Mr. Ms. SLAUGHTER, Mr. THOMPSON of Means.

VerDate Mar 15 2010 03:05 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\L15SE7.100 H15SEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H6232 CONGRESSIONAL RECORD — HOUSE September 15, 2011 By Mr. SERRANO: By Mr. POLIS: Article I, Section 8, Clause 1 of the U.S. H.R. 2963. A bill to authorize the Secretary H.R. 2935. Constitution of Housing and Urban Development to pro- Congress has the power to enact this legis- By Mr. DONNELLY of Indiana: vide grants to eligible nonprofit organiza- lation pursuant to the following: H.R. 2949. tions to provide specialized housing and so- Article I, Section 1, Congress has the power to enact this legis- cial services to elderly individuals who are All legislative Powers herein granted shall lation pursuant to the following: the primary caregiver of a child that is re- be vested in a Congress of the United States, Art. 1, Sec. 8, Cl. 3 ‘‘To regulate commerce lated to such individual; to the Committee which shall consist of a Senate and House of among foreign nations and the several on Financial Services. Representatives. states.’’ By Mr. YODER (for himself, Mr. By Mr. BOREN: By Mr. DONNELLY of Indiana: MCHENRY, Mr. QUAYLE, Mr. H.R. 2936. H.R. 2950. HUELSKAMP, Mr. FLEMING, Mr. Congress has the power to enact this legis- Congress has the power to enact this legis- LANDRY, Mr. POSEY, Mr. PRICE of lation pursuant to the following: lation pursuant to the following: Georgia, Mr. FLORES, Mr. DUNCAN of clause 3 of section 8 of article I of the Con- Art. 1, Sec. 8, Cl. 3 ‘‘To regulate commerce South Carolina, Mrs. MYRICK, Mr. stitution. among foreign nations and the several PITTS, Mr. BRADY of Texas, Mr. ROE By Mr. UPTON: states.’’ of Tennessee, Mr. HERGER, Mr. H.R. 2937. By Mr. FORBES: ROKITA, Mr. POMPEO, and Mr. LAB- Congress has the power to enact this legis- H.R. 2951. RADOR): lation pursuant to the following: Congress has the power to enact this legis- H.R. 2964. A bill to amend the Unfunded This bill is enacted pursuant to the power lation pursuant to the following: Mandates Reform Act of 1995 to provide for granted to Congress under Article I, Section Article I, Section 8, Clauses 1 and 18 regulatory impact analyses for certain rules, 8, Clause 3 of the United States Constitution. By Mr. HUNTER: consideration of the least burdensome regu- By Mr. FRANKS of Arizona: H.R. 2952. latory alternative, and for other purposes; to H.R. 2938. Congress has the power to enact this legis- the Committee on Oversight and Govern- Congress has the power to enact this legislation pursuant to the following: ment Reform, and in addition to the Com- lation pursuant to the following: Clause 1 of Article 1, Section 8 grants Con- mittees on the Judiciary, Rules, and the Article 1, Section 8, Clause 3 gress the authority to provide for the com- Budget, for a period to be subsequently de- By Ms. SLAUGHTER: mon defense and general welfare of the termined by the Speaker, in each case for H.R. 2939. United States and Clause 4 of Article 1, Sec- Congress has the power to enact this legis- consideration of such provisions as fall with- tion 8 states that Congress shall ‘‘establish lation pursuant to the following: in the jurisdiction of the committee con- an uniform Rule of Naturalization.’’ Clauses 1, 3, and 18 of Section 8 of Article cerned. By Mr. LANGEVIN: I of the Constitution By Mr. JOHNSON of Illinois: H.R. 2953. H. Con. Res. 80. Concurrent resolution ex- By Mr. MCCARTHY of California: Congress has the power to enact this legis- H.R. 2940. pressing the sense of Congress that the lation pursuant to the following: Congress has the power to enact this legis- United Nations or NATO should investigate Article I, Section 8, Clause 1 of the United lation pursuant to the following: the treatment of black Africans in Libya; to States Constitution, to ‘‘provide for the com- Article 1, Section 8. the Committee on Foreign Affairs. mon Defence and general Welfare of the By Mr. QUAYLE: By Mr. GRIJALVA (for himself and Mr. United States.’’ HINOJOSA): H.R. 2941. Congress has the power to enact this legis- By Ms. LEE: H. Res. 400. A resolution expressing the H.R. 2954. sense of the House of Representatives that a lation pursuant to the following: Article I, Section 8, Clause 3. Congress has the power to enact this legis- National Hispanic-serving Institutions Week lation pursuant to the following: should be established, and commemorating By Mr. KING of Iowa: H.R. 2942. This bill is enacted pursuant to the power the 25th anniversary of the Hispanic Associa- granted to Congress under Article I of the tion of Colleges and Universities; to the Congress has the power to enact this legislation pursuant to the following: United States Constitution and its subse- Committee on Education and the Workforce. quent amendments, and further clarified and By Mr. LEVIN (for himself, Mr. HOL- Article 1, Section 8, Clause 14 gives Con- gress the authority to make rules for the interpreted by the Supreme Court of the DEN, Ms. SCHWARTZ, Mr. QUIGLEY, Mr. United States. RANGEL, Mr. RYAN of Ohio, Ms. KAP- government and regulation of the land and naval forces. By Mr. MICHAUD: TUR, Ms. SLAUGHTER, Mr. GERLACH, H.R. 2955. Mr. BARTLETT, Mr. NADLER, Mr. By Mr. DAVIS of Kentucky: H.R. 2943. Congress has the power to enact this legis- TOWNS, and Mrs. LOWEY): Congress has the power to enact this legislation pursuant to the following: H. Res. 401. A resolution observing the 20th Article I, Section 8, Clause 3 of the United anniversary of Ukrainian independence and lation pursuant to the following: Article I, Section 8, Clause 1 of the United States Constitution. expressing strong and continued support to By Ms. MOORE: the Ukrainian people for their efforts toward States Constitution, to ‘‘provide for the common Defense and general Welfare of the H.R. 2956. ensuring democratic principles, and for other Congress has the power to enact this legis- purposes; to the Committee on Foreign Af- United States.’’ By Mr. SMITH of Texas: lation pursuant to the following: fairs. Clause 7 of section 8 of article I of the Con- By Mr. YODER (for himself, Mr. H.R. 2944. Congress has the power to enact this legis- stitution regarding the power to ‘‘establish MCHENRY, Mr. QUAYLE, Mr. Post offices and Post Roads.’’ HUELSKAMP, Mr. FLEMING, Mr. lation pursuant to the following: Article I, Section 8, Clause 3 of the United By Mr. NADLER: SOUTHERLAND, Mr. PRICE of Georgia, States Constitution. H.R. 2957. Mr. ROKITA, Mr. POMPEO, and Mr. By Mr. WALSH of Illinois: Congress has the power to enact this legis- LABRADOR): H.R. 2945. lation pursuant to the following: H. Res. 402. A resolution expressing the Article 1, sec. 8, cl. 4 (‘‘To establish an uni- sense of the House of Representatives that Congress has the power to enact this legislation pursuant to the following: form Rule of Naturalization’’), and cl. 18 the Office of Management and Budget should (‘‘To make all Laws which shall be nec- direct all Federal agencies to postpone for ‘‘The Congress shall have the power to lay and collect taxes, duties, imposts and ex- essary and proper for carrying into Execu- one year the implementation of major rules; tion the foregoing Powers, and all other to the Committee on Oversight and Govern- cises,,,’’ Article I Section 8 of the U.S. Con- Powers vested by this Constitution in the ment Reform, and in addition to the Com- stitution. Government of the United States, or in any mittee on the Judiciary, for a period to be By Mr. COHEN: Department or Officer thereof.’’). subsequently determined by the Speaker, in H.R. 2946. By Ms. NORTON: each case for consideration of such provi- Congress has the power to enact this legis- H.R. 2958. sions as fall within the jurisdiction of the lation pursuant to the following: Congress has the power to enact this legis- committee concerned. Article I, Section 8, Clause 3 of the United States Constitution lation pursuant to the following: f By Mr. CRAVAACK: Clause 18 of section 8 of article I of the CONSTITUTIONAL AUTHORITY H.R. 2947. Constitution. By Mr. NUNES: STATEMENT Congress has the power to enact this legislation pursuant to the following: H.R. 2959. Pursuant to clause 7 of rule XII of the Clause 2 of Section 3 of Article IV of the Congress has the power to enact this legis- Rules of the House of Representatives, the United States Constitution. lation pursuant to the following: following statements are submitted regard- By Ms. DELAURO: Clause 1 of section 8 of article I of the Con- ing the specific powers granted to Congress H.R. 2948. stitution of the United States. in the Constitution to enact the accom- Congress has the power to enact this legis- By Mr. OLSON: panying bill or joint resolution. lation pursuant to the following: H.R. 2960.

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Congress has the power to enact this legis- H.R. 886: Mr. SERRANO and Mr. LATHAM. H.R. 2229: Ms. WOOLSEY. lation pursuant to the following: H.R. 894: Mr. DEFAZIO. H.R. 2245: Mr. DEFAZIO and Ms. PINGREE of Article 1, Section 8, Clause 18—The Con- H.R. 935: Mr. GERLACH. Maine. gress shall have Power To . . . make all H.R. 973: Mr. GARY G. MILLER of California. H.R. 2250: Mr. FLAKE. Laws which shall be necessary and proper for H.R. 1031: Ms. CASTOR of Florida and Mr. H.R. 2256: Ms. ZOE LOFGREN of California, carrying into Execution the foregoing Pow- RANGEL. Ms. NORTON, Mr. MCNERNEY, Mr. LIPINSKI, ers, and all other Powers vested by this Con- H.R. 1037: Mr. PLATTS. Mr. HIMES, and Mr. HIGGINS. stitution in the Government of the United H.R. 1040: Mr. HUNTER. H.R. 2273: Mr. CAMP, Mr. ROGERS of Ala- States, or in any Department or Officer H.R. 1063: Mr. BACA, Mr. DUNCAN of Ten- bama, Mr. DENT, Mr. BISHOP of Utah, Mr. thereof. (Necessary and Proper Regulations nessee, Ms. PINGREE of Maine, Ms. LORETTA ROONEY, Mr. SENSENBRENNER, and Mrs. to Effectuate Powers) SANCHEZ of California, Mr. ENGEL, Mr. JOHN- EMERSON. By Mr. POMPEO: SON of Illinois, and Mr. HEINRICH. H.R. 2299: Mr. LATHAM and Mr. GARY G. H.R. 2961. H.R. 1103: Mr. CARSON of Indiana. MILLER of California. Congress has the power to enact this legis- H.R. 1116: Mr. SMITH of Washington and Mr. H.R. 2341: Mr. HEINRICH and Mr. PAYNE. lation pursuant to the following: MILLER of North Carolina. H.R. 2353: Mr. HOLDEN, Ms. RICHARDSON, Article I, Section 8, Clause 3 H.R. 1155: Mr. QUIGLEY. and Ms. SUTTON. By Mr. REED: H.R. 1167: Mr. GOWDY. H.R. 2362: Ms. RICHARDSON, Mr. INSLEE, and H.R. 2962. H.R. 1171: Mr. INSLEE and Mr. LOBIONDO. Mr. BOREN. Congress has the power to enact this legis- H.R. 1206: Mr. YOUNG of Indiana and Mr. H.R. 2387: Mr. MILLER of Florida and Mr. lation pursuant to the following: DUNCAN of South Carolina. HULTGREN. The constitutional authority on which this H.R. 1219: Mr. PETERS, Mr. LOEBSACK, Mr. H.R. 2401: Mr. ROGERS of Alabama, Mr. bill rests is the power of Congress as stated GRIJALVA, and Mr. LUJA´ N. BONNER, and Mrs. EMERSON. in Article I, Section 7, and Article I, Section H.R. 1240: Ms. CHU. H.R. 2404: Mr. GUTIERREZ. H.R. 2433: Mr. GUINTA and Mrs. NOEM. 8 of the United States Constitution. H.R. 1244: Mr. OWENS, Mr. GRIJALVA, and H.R. 2446: Mr. MANZULLO. By Mr. SERRANO: Mrs. NOEM. H.R. 2447: Ms. FOXX, Mr. WEBSTER, Ms. H.R. 2963. H.R. 1262: Mr. GRIJALVA. BASS of California, Mr. BACHUS, Mr. AL Congress has the power to enact this legis- H.R. 1297: Mr. MILLER of North Carolina. GREEN of Texas, and Mrs. CHRISTENSEN. lation pursuant to the following: H.R. 1351: Ms. BROWN of Florida and Mr. H.R. 2459: Mr. HARPER and Mr. DEFAZIO. The Congress shall have Power to make all CARNEY. H.R. 2479: Ms. JACKSON LEE of Texas. Laws which shall be necessary and proper for H.R. 1418: Ms. BERKLEY and Mr. RYAN of Ohio. H.R. 2481: Mr. BURTON of Indiana. carrying into Execution the foregoing Pow- H.R. 2492: Mr. KILDEE and Ms. WOOLSEY. H.R. 1426: Mr. MCDERMOTT, Mr. KILDEE, ers, and all other Powers vested by the Con- H.R. 2500: Mr. TONKO. and Ms. ZOE LOFGREN of California. stitution in the Government of the United H.R. 2505: Mr. GUTIERREZ. H.R. 1434: Mr. BROOKS. States, or in any Department or Officer H.R. 2513: Mrs. NAPOLITANO. H.R. 1451: Ms. ZOE LOFGREN of California thereof. (Article 1, Section 8, Clause 18) H.R. 2514: Mrs. BLACK and Mr. GUINTA. and Mr. YOUNG of Alaska. By Mr. YODER: H.R. 2530: Mr. DEUTCH. H.R. 1465: Mr. BUTTERFIELD. H.R. 2964. H.R. 2563: Mr. MARCHANT, Mr. HULTGREN, H.R. 1506: Mr. HIMES. Congress has the power to enact this legis- and Mr. GRIMM. H.R. 1509: Mrs. BLACK, Mr. BOUSTANY, Mr. lation pursuant to the following: H.R. 2600: Mr. SCHOCK, Mr. JOHNSON of BERG, Mr. CONAWAY, and Mr. FARENTHOLD. Article 1, Section 8 of the United States Ohio, and Mr. TONKO. H.R. 1533: Ms. HOCHUL, Mrs. NAPOLITANO, Constitution. H.R. 2659: Mr. FARR. Mr. OWENS, Mr. RIGELL, Mr. BILIRAKIS, and H.R. 2675: Mr. BURTON of Indiana. f Mr. ANDREWS. H.R. 2681: Mr. ROGERS of Alabama, Mr. H.R. 1537: Mr. LARSON of Connecticut. ADDITIONAL SPONSORS CRITZ, Mr. POMPEO, Mr. SOUTHERLAND, and H.R. 1546: Mr. LOBIONDO. Mrs. EMERSON. Under clause 7 of rule XII, sponsors H.R. 1633: Mr. ROGERS of Alabama. H.R. 2698: Mr. DICKS and Mr. DEFAZIO. were added to public bills and resolu- H.R. 1639: Mr. HUNTER. H.R. 2705: Mr. MCNERNEY, Mr. STARK, Mr. tions as follows: H.R. 1648: Mr. SCOTT of Virginia, Mrs. LUJA´ N, Mr. FILNER, Mrs. NAPOLITANO, and DAVIS of California, Ms. CASTOR of Florida, Mr. CAPUANO. H.R. 10: Mr. DENT and Mr. SHIMKUS. Ms. WATERS, and Mr. HIGGINS. H.R. 2752: Mr. DUNCAN of South Carolina. H.R. 25: Mr. HUNTER. H.R. 1653: Mr. GRAVES of Missouri. H.R. 2774: Mr. MULVANEY, Mr. DUNCAN of H.R. 157: Mr. CASSIDY and Mrs. CAPITO. H.R. 1666: Mr. KILDEE and Ms. EDDIE BER- South Carolina, Mr. FLORES, and Mr. FLEM- H.R. 210: Mr. DOYLE and Ms. WATERS. NICE JOHNSON of Texas. ING. H.R. 237: Mr. CICILLINE. H.R. 1723: Ms. WILSON of Florida and Mr. H.R. 2796: Mr. RIBBLE. H.R. 302: Mr. CALVERT. WILSON of South Carolina. H.R. 2798: Mr. ELLISON, Mr. GRIJALVA, and H.R. 329: Mr. SCHOCK. H.R. 1738: Mr. MICHAUD and Mr. LOBIONDO. Mr. CLAY. H.R. 360: Mr. SCHILLING. H.R. 1754: Mr. TONKO and Mr. SCHIFF. H.R. 2799: Mr. THOMPSON of Mississippi, Mr. H.R. 374: Mr. AUSTIN SCOTT of Georgia. H.R. 1755: Mr. SOUTHERLAND. LEWIS of Georgia, Ms. RICHARDSON, Mr. H.R. 436: Mr. MCINTYRE. H.R. 1756: Mr. DUNCAN of South Carolina, PAYNE, Mr. RUSH, Ms. BROWN of Florida, Mr. H.R. 452: Mr. LOBIONDO. Mr. GERLACH, and Mr. PLATTS. KUCINICH, Ms. NORTON, Mr. RANGEL, Mr. H.R. 583: Ms. EDDIE BERNICE JOHNSON of H.R. 1780: Mr. HOLT. CLAY, Ms. WOOLSEY, and Mr. ELLISON. Texas. H.R. 1781: Mr. SARBANES, Mr. RUSH, Ms. H.R. 2800: Mr. ELLISON, Mr. GRIJALVA, and H.R. 610: Mr. GALLEGLY. SCHWARTZ, Mr. WAXMAN, and Ms. DELAURO. Mr. CLAY. ONYERS H.R. 667: Mr. C . H.R. 1803: Mr. GARY G. MILLER of Cali- H.R. 2823: Ms. LEE. H.R. 676: Ms. SEWELL. fornia. H.R. 2829: Mrs. ADAMS, Mr. CANSECO, Mr. H.R. 693: Mr. FITZPATRICK. H.R. 1815: Mr. GALLEGLY. DIAZ-BALART, Ms. FOXX, Mr. GOSAR, Mr. H.R. 718: Ms. SUTTON, Mr. BACA, Mr. GAR- H.R. 1834: Mr. PITTS and Mr. DUNCAN of GRAVES of Missouri, Mrs. HARTZLER, Mr. RETT, Mr. BERMAN, Mr. STEARNS, Ms. KAP- South Carolina. KELLY, Mr. LANDRY, Mr. MEEHAN, Mr. SMITH TUR, Ms. SLAUGHTER, and Mr. ROSS of Flor- H.R. 1867: Mr. ROSS of Florida. of Nebraska, and Mr. SHIMKUS. ida. H.R. 1895: Mr. CASSIDY. H.R. 2833: Mr. ROSKAM, Mr. FARENTHOLD, H.R. 719: Ms. JENKINS. H.R. 1897: Mr. ALTMIRE. and Mr. CALVERT. H.R. 721: Mr. DUNCAN of South Carolina and H.R. 1905: Mr. DUFFY, Ms. ESHOO, and Mr. H.R. 2835: Mr. RICHMOND and Ms. CHU. Mr. DUFFY. WEST. H.R. 2840: Mr. LATOURETTE. H.R. 733: Mr. KING of New York. H.R. 1946: Ms. HERRERA BEUTLER and Mrs. H.R. 2847: Mr. CARTER. H.R. 750: Mrs. BLACK, Mr. GUINTA, Mr. CAPITO. H.R. 2852: Mr. HUNTER. GRAVES of Missouri, Mr. FLORES, and Mr. H.R. 2005: Mr. RUNYAN, Mr. MARKEY, Mr. H.R. 2856: Mr. REED. DESJARLAIS. MATHESON, Mr. LANCE, Mr. GONZALEZ, Mr. H.R. 2883: Mr. MARCHANT, Mr. BOUSTANY, H.R. 757: Mr. ROTHMAN of New Jersey. WOLF, and Mr. TOWNS. Mr. STARK, Mr. BLUMENAUER, Mr. LEWIS of H.R. 758: Mr. DUNCAN of Tennessee. H.R. 2040: Mr. MANZULLO and Mr. GOHMERT. Georgia, Mr. RANGEL, Mr. LEVIN, Mr. BERG, H.R. 797: Mr. FARR. H.R. 2059: Mr. SMITH of New Jersey. Mr. CROWLEY, Mr. REED, Mr. REICHERT, Mr. H.R. 800: Mr. FITZPATRICK. H.R. 2063: Mr. PETERS. TIBERI, Mr. ROSKAM, Mr. MCDERMOTT, and H.R. 812: Mr. CARSON of Indiana. H.R. 2086: Mr. ELLISON and Mr. LYNCH. Mr. LANGEVIN. H.R. 817: Mr. CALVERT. H.R. 2088: Mr. DOGGETT, Mr. HIGGINS, and H.R. 2885: Mr. MCCLINTOCK, Mr. CULBERSON, H.R. 854: Mr. THOMPSON of California. Mr. STARK. Mr. QUAYLE, Mr. CARTER, and Mr. STIVERS. H.R. 860: Mr. JOHNSON of Ohio, Mr. FORBES, H.R. 2106: Mr. CALVERT, Mr. CANSECO, Mr. H.R. 2897: Mr. GRIFFIN of Arkansas. Mr. GUTIERREZ, Mr. BOUSTANY, Mr. GRIFFIN MCKINLEY, and Mr. SHIMKUS. H.R. 2898: Mr. RIGELL and Mr. CALVERT. of Arkansas, and Mr. FATTAH. H.R. 2108: Mr. FLORES. H.R. 2914: Mr. MCGOVERN and Mr. GEORGE H.R. 873: Mr. HOLT. H.R. 2123: Mr. MURPHY of Connecticut. MILLER of California.

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H.R. 2919: Mrs. ROBY and Mr. JONES. RETT, Mr. SCHILLING, Mr. FLEISCHMANN, Mr. marks, limited tax benefits, or limited tariff H.R. 2925: Mr. SHIMKUS. LANDRY, Mr. RUNYAN, and Mr. CHAFFETZ. benefits as defined in clause 9 of rule XXI. H.J. Res. 69: Mr. LOBIONDO and Mr. SCOTT of Virginia. f f H.J. Res. 73: Mr. QUAYLE. CONGRESSIONAL EARMARKS, LIM- H. Con. Res. 72: Mr. TONKO, Ms. PINGREE of DELETIONS OF SPONSORS FROM Maine, Mr. MCDERMOTT, Mr. SABLAN, and ITED TAX BENEFITS, OR LIM- Mr. BACA. ITED TARIFF BENEFITS PUBLIC BILLS AND RESOLUTIONS H. Con. Res. 77: Ms. EDDIE BERNICE JOHN- Under clause 9 of rule XXI, lists or Under clause 7 of rule XII, sponsors SON of Texas, Mr. MCCAUL, and Mr. WALSH of were deleted from public bills and reso- Illinois. statements on congressional earmarks, H. Con. Res. 78: Mr. MICHAUD, Mr. TOWNS, limited tax benefits, or limited tariff lutions as follows: and Mr. MORAN. benefits were submitted as follows: H.R. 1380: Mr. FITZPATRICK. H. Res. 137: Mr. PASTOR of Arizona. OFFERED BY MR. CAMP H. Res. 231: Mr. HONDA and Mrs. NAPOLI- f TANO. The provisions that warranted a referral to H. Res. 253: Mr. GOODLATTE and Mr. CAL- the Committee on Ways and Means in H.J. DISCHARGE PETITIONS— VERT. Res. 79 do not contain any congressional ear- ADDITIONS OR DELETIONS H. Res. 271: Mr. LUETKEMEYER. marks, limited tax benefits, or limited tariff H. Res. 298: Mr. PLATTS and Mr. MICHAUD. benefits as defined in clause 9 of rule XXI of The following Members added their H. Res. 364: Mr. COURTNEY, Mr. FRANK of the Rules of the U.S. House of Representa- names to the following discharge peti- Massachusetts, Mr. BACHUS, Mr. BROUN of tives. Georgia, Mr. KINZINGER of Illinois, Mr. tions: OFFERED BY MR. RYAN OF WISCONSIN NUGENT, Mr. SOUTHERLAND, Mr. MURPHY of Petition 1 by Mr. CRITZ on House Resolu- Pennsylvania, Mr. GOHMERT, and Mr. The provisions that warranted a referral to tion 310: Allyson Y. Schwartz. MARINO. the Committee on the Budget in H.J. Res 79, Petition 2 by Mr. GOHMERT on the bill H. Res. 394: Mr. AUSTIN SCOTT of Georgia, the Continuing Appropriations Resolution, H.R. 1297: John Campbell, Phil Gingrey, Joe Mr. GOHMERT, Mrs. BLACKBURN, Mr. GAR- 2012, do not contain any congressional ear- Wilson, Howard Coble.

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Vol. 157 WASHINGTON, THURSDAY, SEPTEMBER 15, 2011 No. 137 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Senate floor to open the Senate on this called to order by the Honorable SHEL- PRESIDENT PRO TEMPORE, day by leading us in prayer. DON WHITEHOUSE, a Senator from the Washington, DC, September 15, 2011. Rabbi Gutterman is a personal State of Rhode Island. To the Senate: friend, but he is more than that. He is Under the provisions of rule I, paragraph 3, a person of real significance in the of the Standing Rules of the Senate, I hereby PRAYER Rhode Island community. He has appoint the Honorable SHELDON WHITEHOUSE, The PRESIDING OFFICER. Our a Senator from the State of Rhode Island, to served as the rabbi of Temple Beth El friend, Rabbi Leslie Gutterman, rabbi perform the duties of the Chair. for 40 years, which means he has offi- for 40 years of the Temple Bethel El in DANIEL K. INOUYE, ciated at the weddings of the children Providence, RI, will now lead the Sen- President pro tempore. of people whose bar mitzvahs at which ate in prayer. Mr. WHITEHOUSE thereupon as- he officiated, and he has officiated at The guest Chaplain offered the fol- sumed the chair as Acting President the bar mitzvahs of the grandchildren lowing prayer: pro tempore. of people whose weddings at which he officiated. He is an important part of O God, whose spirit is with us in f every righteous act, invoke Your bless- the Rhode Island community. He has RECOGNITION OF THE MAJORITY been described as a community asset ing upon the elected representatives of LEADER our government. Enlighten with Your and a moral compass for Rhode Island. wisdom those whom the people have The PRESIDING OFFICER (Mr. In addition, he is just a beautiful per- entrusted with the guardianship of our UDALL of New Mexico). The majority son. He and his wife Janet have come here rights and liberties. leader is recognized. today to join us, and we are very proud On this day, proclaimed as the Inter- Mr. REID. Mr. President, I yield the and delighted that we could share this national Day of Democracy, we pray floor to the Senator from Rhode Island at this time. moment of the morning with our col- that our country may ever be a beacon leagues and with Rabbi Gutterman. of freedom, justice, and peace. We pray f I yield the floor back to the majority for those in other lands who are op- WELCOMING RABBI GUTTERMAN leader with great pride in the presence pressed and persecuted. Mr. REED. Mr. President, I rise to of Rabbi Gutterman on our floor this Grant that this new day not be lost morning. thank and commend Senator WHITE- to us. May it be filled with Your pur- The ACTING PRESIDENT pro tem- HOUSE for inviting Rabbi Leslie pose and our labors rewarded by the pore. The majority leader is recog- Gutterman here to deliver the prayer. satisfaction gained by all who pursue a nized. Les Gutterman has been an extraor- life of righteousness, virtue, and honor. f Amen. dinary figure in our State, a man of great wisdom, compassion and kind- SCHEDULE f ness, who has, since 1970, contributed Mr. REID. Mr. President, following PLEDGE OF ALLEGIANCE extraordinarily to the State of Rhode leader remarks, the Senate will be in Island and to the people of Rhode Is- morning business for 1 hour. The ma- The Honorable SHELDON WHITEHOUSE land. jority will control the first half and the led the Pledge of Allegiance, as follows: His congregation goes far beyond de- Republicans will control the final half. I pledge allegiance to the Flag of the nominational lines. He is literally the Following morning business, the Sen- United States of America, and to the Repub- rabbi for everyone. In fact, he is my ate will resume consideration of H.J. lic for which it stands, one nation under God, rabbi, and I am pleased and proud to Res. 66, which is a joint resolution re- indivisible, with liberty and justice for all. say that. garding Burma sanctions and the legis- f Mr. President, again, I am delighted lative vehicle for additional FEMA to welcome Rabbi Gutterman here funding. The filing deadline for all APPOINTMENT OF ACTING today. first-degree amendments to the sub- PRESIDENT PRO TEMPORE The PRESIDING OFFICER. The Sen- stitute amendment and to H.J. Res. 66 The PRESIDING OFFICER. The ator from Rhode Island. is 1 p.m. today. I filed cloture on the clerk will please read a communication Mr. WHITEHOUSE. Mr. President, it substitute amendment and on H.J. Res. to the Senate from the President pro is a great honor and a great pleasure to 66 last night. If no agreement is tempore (Mr. INOUYE). join my senior Senator JACK REED in reached, there will be a cloture vote on The assistant bill clerk read the fol- welcoming Rabbi Leslie Gutterman the substitute amendment on tomor- lowing letter: from Providence, RI, here onto the row morning. We hope to reach an

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

S5637

VerDate Mar 15 2010 02:49 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.000 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5638 CONGRESSIONAL RECORD — SENATE September 15, 2011 agreement to complete action on the has to Nevada and the rest of the coun- FEMA joint resolution as well as FAA and try to honor the contributions of a pop- Mr. REID. Mr. President, I want to highway extension today. Senators will ulation that is such an integral part of spread on the record how much I appre- be notified when votes are scheduled. our national identity. For hundreds of ciate the support of the Republicans in REMEMBERING SENATOR MALCOLM WALLOP years, Latinos have helped shape the allowing us to be able to get on the Mr. REID. Mr. President, Malcolm face of this Nation. FEMA bill. We are on that bill now. We Wallop of Wyoming is a man with I wrote a history of my birthplace, have some amendments pending. If we whom I served in the Senate for ap- Searchlight, NV, and one of the inter- are not able to work out an agreement proximately 10 years. He represented esting things I found in my research is on that today, we will have votes on a the State of Wyoming. During that that the railroad was built into Search- number of cloture issues relating to time, I can remember the work he and light in the early 1900s, it is 26 miles, that most important legislation affect- Alan Simpson did together—Alan and it was a difficult railroad to build, ing millions of Americans who have Simpson, another retired Senator from but it was basically built by Mexicans been devastated by Mother Nature. Wyoming. Senator Wallop died yester- who had come to the United States to I am disappointed, however, in one of day. He was 78 years old. our Republican colleagues who at this Senator Wallop was a fine man. His do the labor that it took to do that. Some 7,000 of them built that railroad. stage is holding up something that is roots in Wyoming stem back to pioneer so vitally necessary. ancestors in the Big Horn. Although he It is not very long—26 miles long—but it took a lot of work to get it done. The House sent us two pieces of legis- was born in New York, he served his lation that passed overwhelmingly in country admirably in the Army and So everyplace you go in America, ev- the House, one that will keep 1.7 or 1.8 then worked for many years as a cattle eryplace especially you go in the West, million people working on highway and rancher and businessman before run- you find contributions made by His- other construction around the country ning for office. He was extremely good panics. They have made contributions dealing with highways. That is an ex- friends with the great Nevadan Paul in the battlefield, in the workplace, tension of 6 months. They also sent to Laxalt. and the classroom. They have spurred us a 4-month extension, fully funded, of There were occasions when Malcolm progress in the laboratory, playing the Federal Aviation Administration, and I didn’t agree on political issues, field in all athletics, and, of course, in also vitally important. but he was always an agreeable man, a the halls of justice. They have shaped Unless my friend, the junior Senator very fine man. I honor his service the way we farm and the way we do from Oklahoma, agrees to allow us to today, both as a soldier and a Senator, business. They have influenced our art go forward, one Senator will stop 80,000 and certainly will miss him, as every- and our literature. Construction sites people from working. I hope he will re- one in Wyoming will and all of his col- of casinos and shopping centers around consider. The issue he has presented is leagues who worked with him here in the State of Nevada—they have con- a little unusual. He says he doesn’t like the Senate. tributed mightily to that work that is bike paths being part of the highway HISPANIC HERITAGE MONTH being done and has been done. bill. Well, for most Americans they are Mr. REID. Mr. President, in my office The language has even influenced the absolutely important. They are good right across the hall, I have a wonder- name of the State of Nevada, which for purposes of allowing people to trav- ful picture painted by a Nevadan. It is means ‘‘snow covered.’’ Las Vegas el without burning all the fossil fuel on a big painting, and it shows this hand- means ‘‘the meadows’’ in Spanish. the highways. some young man on this horse with all I got up this morning very early, and the trappings of a horse that is really Hispanic Americans have also played an important role in this Nation’s I went out and did my exercise. I am nice, a nice horse and a beautiful sad- not exaggerating, there were scores, at dle, and all the adornments on this Armed Forces, as I mentioned just a minute ago. They have served in every least 30 or 40 bikes—so scores may be a man’s clothes are good. I am sure the slight exaggeration—of people not just painting didn’t take into consideration conflict since the Revolutionary War. Nearly 30,000 of them have fought for for exercise but traveling to work with how he really looked when he arrived backpacks on. That is what bike paths in the Las Vegas Valley because this our country in Iraq and Afghanistan and are still fighting. I thank them for are all about. man, Rafael Rivera, was the first non- We have told my friend the Senator their brave and dedicated service. Indian to see the Las Vegas Valley, and from Oklahoma: If you don’t like it, we I am sure he was worn out and tired be- Every year, Latinos help propel con- will have a vote on it. cause he was basically lost. He was tributions to our economy. More than He said: I don’t want a vote. part of a Spanish expedition, and he 2.3 million Hispanic-owned businesses He said: Whatever I want, I want left them almost 100 miles from where employ millions of Americans and pro- stuck in that bill. he wound up in Las Vegas. But for us, vide crucial goods and services. We can’t do that. That isn’t what the Rafael Rivera is the person who found- Mr. President, before leaving the sub- House sent us, and we can’t do that. ed Las Vegas. He was able to see this ject of veterans and the good things He said: Well, separate the two bills. beautiful place in 1829, and as a result We have the bills from the House of they do, I want to make sure the Re- of that, we have a number of facilities Representatives. That is the arrange- publican leader recognizes that we all named after Rafael Rivera, as well they ment we have made, and it is a good ar- celebrate a Kentuckian who today is should be, in Las Vegas Valley. rangement to get these two vitally im- going to be awarded the Medal of The picture is painted perfectly. It portant pieces of legislation passed so Honor, for this 23-year-old boy, in the shows Las Vegas Valley’s Sunrise that we can keep people—almost 2 mil- fields of Afghanistan, saved the lives of Mountain. The difference is, there are lion people—working. about 40 soldiers—1 person. They had a no people there. Now there are 3 mil- I am disappointed in that. I hope we wonderful piece on public broadcast lion people in Nevada, and we have lit- can work something out during the day today about his courage and what he tle Sunrise Mountain there. In the because it is really unfair for him to did—of course wounded himself, but he painting, there is no one or anything hold up this extremely important legis- carried people to and from battle and around it, but of course now there are lation. buildings and hotels and lots of activ- saved the lives, as I indicated, of a cou- There is not a State in the Union ity there. ple score of people. His name is Dakota that does not have problems with 80,000 Today, though, Mr. President, I join Meyer. So I congratulate the Repub- people laid off. In Nevada we have a more than 50 million Hispanic Ameri- lican leader for having such fine people new tower being built at McCarran cans in the United States in marking come from the State of Kentucky. Field. That is important. These people the first day of Hispanic Heritage Today, the Senate recognizes the will have to stop working. That is Month. This celebration of history and commitment of more than 50 million wrong. One Senator? It is not fair to culture lasts through October 15. So I Hispanic Americans, family, commu- the Senate or to the country. look forward to the opportunity of nity, and country. And that is the way Will the Chair announce the business bringing Hispanic heritage and all it it should be. of the day?

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.001 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5639 RESERVATION OF LEADER TIME ing to myself, I wonder why she is here. nursing home and run out of their sav- The ACTING PRESIDENT pro tem- Maybe she is on the board of this food ings. pore. Under the previous order, the depository. It turns out she was there As we talk about deficit reduction, leadership time is reserved. to tell me her story. She is a single let us focus on making certain at the mom with two young children. She has end of the day the safety net is still in f a full-time job as a teacher’s aide in place. Let us make sure the childcare MORNING BUSINESS the school district. Because her income deductions that we have in the Tax is below the poverty level, she qualifies Code are there for working families, The ACTING PRESIDENT pro tem- for not only food stamps but also uses the Earned Income Tax Credit, a pro- pore. Under the previous order, the these food pantries. She said to me she gram started under President Reagan Senate will be in a period of morning wanted to express her gratitude that which acknowledges that many people business for 1 hour, with Senators per- we now have extended the SNAP pro- who are working still need a helping mitted to speak therein for up to 10 gram, the food stamp program, to in- hand in our Tax Code; Medicaid, that I minutes each, with the time equally di- clude fresh produce, fruits, and vegeta- mentioned earlier; the food stamp provided and controlled between the two bles. She said it means I can take my gram; housing programs for those who leaders or their designees, with the ma- kids to the local farmers market and are homeless and need a helping hand. jority controlling the first half and Re- they get to meet the farmers and ask The safety net has to be honored and publicans controlling the final half. questions and hear stories about where has to be preserved in the course of our Mr. DURBIN. Mr. President, I sug- these thing come from, the fruits and deficit debate. gest the absence of a quorum. vegetables we buy and, she said, I get But I would also say, at this point, The ACTING PRESIDENT pro tem- to buy healthy food to give to my kids. the President has challenged us to stop pore. The clerk will call the roll. I never would have picked her out of giving speeches and to start moving The assistant legislative clerk pro- a crowd as a person who needed help to forward on getting America back to ceeded to call the roll. feed her children—and she did. She told work. He made a proposal in last Mr. DURBIN. Mr. President, I ask me: Without this, I would be strug- Thursday’s joint session of Congress to unanimous consent the order for the gling. It is an eye opener for all Ameri- give working families across America a quorum call be rescinded. cans, when we hear 46 million of us are payroll tax cut. What would it mean in The ACTING PRESIDENT pro tem- living in poverty. These are our neigh- Illinois? The average income in Illinois pore. Without objection, it is so or- bors, our friends, the people with whom is about $53,000 a year. The President’s dered. we go to church. These are folks you payroll tax cut would be worth $1,400 to f may see in the store. They are people every family making that amount of EYE-OPENING POVERTY who are struggling, many of them money. That is $120 a month. It may working but not making enough not sound like much for people who are Mr. DURBIN. Mr. President, the re- money. Some have full-time jobs, wealthy, but for those who are strug- port this week about the rate of pov- many have part-time jobs. It is a re- gling paycheck to paycheck, it could erty in America is an eye opener. The minder, as we get into this deficit de- make a difference. numbers that have been reported are bate, never to lose sight of the safety President Obama wants to give more stunning. The number of Americans net in America. income security to middle-income fam- living in poverty now stands at 46.2 We are a kind and caring people. We ilies. That is what his proposal is million people. That is an increase of have proven that over many genera- about. He has turned around and said 8.9 million since 2007, just in 4 years. tions. We do things many other coun- when it comes to small businesses, let This has increased significantly since tries do not do. For one thing, we have us give them incentives to hire the un- the year 2000. The poverty threshold our young men and women volunteer employed. The only line the President for a mother and father with two chil- to risk their lives in foreign lands to delivered a week ago that I remember dren is an annual income of $22,000 a try to bring peace. got a standing ovation from both sides year. That is less than $2,000 a month. In addition to that, we have been en- is when the President said let’s So for that family of four, what we are gaged for over a century in helping incentivize employers to hire our vet- seeing is 46 million Americans make other countries that are struggling. I erans. Everybody stood up. We know less than that. I think all of us under- just received a handwritten letter from that is the right thing. They served our stand how difficult it is in this day and two grade school children in Illinois country, they came home, and we age to survive and raise a family, but about those who are starving in Soma- ought to give them a hand to help this national poverty rate should be a lia. It was a heartfelt letter, asking me them. That is part of the President’s wake-up call to us. I hope it puts a cou- to do something. That is not unusual. plan. ple of things in perspective. It is a sentiment expressed over and But he went beyond that and said if I spoke on the floor yesterday about over again in our country. We need to people have been unemployed and an visiting a warehouse in Champagne, IL, have the same empathy and the same employer is willing to hire them, let us a warehouse for the food depositories compassion for our own in America. give them a tax credit to do it. The in the area. It is a warehouse where What that means is not only saying President is moving tax benefits to they process and send out food for food good things and perhaps helping small businesses, the so-called job cre- pantries that are managed by local through our churches and other char- ators we hear so much about, and I be- groups, churches and the like. Almost ities, but also making certain that the lieve they are, as well as to working every State has them—I am sure they safety net programs in our country are families. But it is all paid for. This is do. I was in this warehouse during the there for those who are struggling. We where many Republicans take excep- August recess to talk about the in- are engaged in a mighty debate now tion. creased volume of people who are going about deficit reduction. I have been How does the President pay for get- to food pantries on a regular basis. I part of it for a little while in some cating America back to work? He asked visit these food pantries to introduce pacities. I keep reminding those who for sacrifice from the wealthiest people myself to those who are coming in and are in the debate that there are some in America. There are some members to learn as much as they want to tell programs that are absolutely essential. of the Republican Party who would not me about their circumstances. Some of them are obvious: the food impose 1 penny more in taxes on the At this warehouse in Champagne, IL, stamp program, to make sure the lady wealthiest people in America. They are was a woman who was very attractive I mentioned and others like her have prepared to see every other family in and well-dressed, standing there, and I enough food for their children; the America sacrifice except for those who assumed she worked at the warehouse. Medicaid Program, which provides can sacrifice without feeling any pain It turned out I was wrong because she health insurance for one-third of Amer- in their lives. I don’t think that is fair said at one point she was a teacher’s ica’s children. In Illinois it pays for and I think the President is right. aide in the local school district. I over 50 percent of births and it takes Those who are making the highest in- thought, Why is she here? I kept think- care of our elderly when they are in a comes in America should join with

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.003 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5640 CONGRESSIONAL RECORD — SENATE September 15, 2011 every other family in America and help fierce for helicopters to land. Then- THE ECONOMY us get beyond this recession. Corporal Meyer requested permission Mr. MCCONNELL. It has been 1 week Also, the President starts elimi- to enter the zone of fire to come to now since the President unveiled his nating the subsidies, the Federal sub- their aid four times, and four times his second stimulus. Today, 1 week later, sidies for oil companies. I don’t have to request was denied. After four denials White House aides are expected to hold remind Americans what the price of he decided to go anyway, in an armored a briefing to explain it all to the Demo- gasoline is; they know it. In Illinois it vehicle mounted with a .50-caliber ma- crats who do not understand the de- is over $4 a gallon in many places I chine gun with one other marine as a tails. traveled to during the recess. These oil driver. Twice they attempted to reach One would think they would want to companies are witnessing the highest their comrades and twice were forced be briefed on details before the Presi- profits in the history of American busi- back by bullets, rocket-propelled gre- dent demanded they pass it right away, ness. The President has said, and I nades, and mortars. A bullet hit the ve- not after. Then, again, the White House agree: It is time to cut the Federal sub- hicle’s gun turret, striking Corporal probably expected stronger support sidy, the tax subsidy for oil companies, Meyer’s elbow with shrapnel. Ignoring from Democrats than it has gotten so these profitable companies that make his injury, he left the vehicle and far. After all, this bill’s top selling so much money for their shareholders charged ahead alone to rescue his fel- point, according to the President, is and give so many bonuses to their offi- low fighters. Under intense enemy fire, that both parties should like it. Yet so cers. he reached a trench where helicopter far the only thing both parties in Con- Many Republicans object. They do pilots had reported their position. gress seem to agree on is there has to not want to raise taxes on the oil com- There he found his three fellow ma- be a better way. Earlier this week, after several of us panies. They do not want to raise taxes rines and a Navy hospital corpsman all suggested the President would have a on the wealthiest people in America. I dead from gunshot wounds. Still under think they ought to put it in perspec- hard time convincing Members of his fire, Corporal Meyer carried their bod- own party to support this plan, a num- tive. If we can help middle-income and ies back to a humvee with the help of working families get through the reces- ber of them have proved us right. While Afghan troops and escorted them to a the President was in Ohio insisting sion, stop living paycheck to paycheck forward-operating base about 1 mile and have a little bit of a cushion in over and over that Congress pass the away. He was determined to fulfill the bill, it seemed as though the only their lives, if we can give small busi- Marines’ credo, to never leave a marine nesses incentive to hire Americans and Democrats who were even willing to behind. Corporal Meyer and the three talk about it on Capitol Hill were tear- turn this economy around, that is what marines whom he refused to abandon America needs. Let’s get beyond the ing it apart. We had the Democratic all knew each other well and worked majority leader basically treating it rhetoric that has stalled efforts in together in the same four-man training like a legislative afterthought. One Washington. Let’s get beyond the ob- team. He considered them close freshman Senator called parts of the structionism and the obstacles. Let us friends. bill frustrating and unfair. Another finally work together with the Presi- In addition to the four Americans Democrat called a central part of the dent’s leadership and come up with a bill terrible. One veteran Democrat was plan to put America back to work. Corporal Meyer pulled out of the firefight, a U.S. Army soldier and at least tamping down expectations of it pass- I yield the floor. ing in one piece. Another veteran Dem- The PRESIDING OFFICER. The Re- eight Afghan troops plus an Afghan in- ocrat suggested a completely different publican leader is recognized. terpreter were killed in the attack. They had faced more than 50 enemy in- approach to jobs. I know the President f surgents armed with machine guns, as- and his advisers are keen on this idea TRIBUTE TO SERGEANT DAKOTA sault rifles, and rocket-propelled gre- of making Republicans look bad, but MEYER nades during a 6-hour firefight. from what I can tell, he has a big problem at the moment lining up sup- Mr. MCCONNELL. In a ceremony at Now a sergeant, Meyer combines his porters in his own party. the White House this afternoon, SGT great heroism with great humility. He That brings me to the real issue. The Dakota Meyer of the U.S. Marine Corps said: truth is, the President has a problem will become the first living Marine re- that no amount of political cipient of the Medal of Honor, our Na- This isn’t about me. If anything comes out of it for me, it’s for those guys. strategizing can solve: His economic tion’s highest award for valor, the first policies simply have not worked. Yet recipient in 41 years. He left Active-Duty service in June he and his advisers seem to be the only The Medal of Honor is awarded for 2010 and currently serves in the Inac- folks in Washington who are not ready conspicuous gallantry and bravery at tive Ready Reserve of the U.S. Marine to admit it. We are in the middle of a the risk of one’s own life, above and be- Corps Reserve. crisis. The average length of unemploy- yond the call of duty. ment is at an alltime high. Median in- Every American can be proud of Ser- I know my colleagues join me in saluting SGT Dakota Meyer for his ex- come is going down instead of up. Pov- geant Meyer, age 23, for his exceptional erty levels are higher than they have valor in combat in Afghanistan. I am traordinary display of selfless valor, for which he will be awarded the Medal ever been in two decades. Millions of particularly proud that Sergeant Americans cannot find work. The num- Meyer is a Kentuckian. I am honored of Honor at a White House ceremony this afternoon. He may not think of bers just keep getting worse and the that heroes like him come from the President’s solution is to demand an- Bluegrass State. Sergeant Meyer hails himself as a hero, but his country certainly does. His heroism and meri- other Washington stimulus bill. Is that from Columbia, KY, and is a 2006 grad- because the first one worked out so uate of Green County High School torious service has already been recognized in the many awards, medals, and well? where he played on the football team. The first stimulus is a national decorations he has received, including On September 8, 2009, his unit assign- punch line: turtle tunnels, sidewalks to the Purple Heart Medal, the Navy and ment was with Marine Embedded nowhere, and now we are hearing re- Marine Corps Commendation Medal Training Team 2–8, Regional Corps Ad- ports that the White House fast- with ‘‘V’’ Device for valor, the Navy visory Command 3–7, operating in tracked a $1⁄2 billion loan to a politi- Kunar Province, Afghanistan. That day and Marine Corps Achievement Medal, cally connected energy firm that their he was sent to aid a group of marines, the Good Conduct Medal, and the Com- own analyst said was not ready for soldiers, and Afghans trapped under bat Action Ribbon. prime time. This place, this energy heavy enemy fire from three different His fellow Kentuckians and an entire firm, was supposed to be the poster sides. ‘‘We’re surrounded,’’ one of them grateful Nation thank him for his serv- child of how the original stimulus broadcast over the radio. ‘‘They’re ice. Brave men and women like him would create jobs. Now it is bankrupt moving in on us.’’ honor us and our country and make us and most of its 1,100 employees are out Air support to assist the Marines was proud that America boasts the finest of work. And they want another stim- unavailable, as the fighting was too Armed Forces in the world. ulus?

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.003 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5641 Even if we do not know about any of ate good jobs and Washington cannot about student progress that puts the the waste or the alleged cronyism, here create better schools, but Washington spotlight on success and puts the spot- is the bottom line: 21⁄2 years after the can create an environment in which light on where work needs to be done. President signed the first stimulus, others can create good jobs and envi- In addition, many States and school there are 1.7 million fewer jobs in this ronments in which teachers and prin- districts are finding ways to reward country. That is 1.7 million fewer jobs cipals and students and communities outstanding teaching and school lead- after borrowing and spending $825 bil- can create better schools, along with ership and to include student perform- lion to create them. What more do we their parents. ance as a part of that evaluation. As need to know than that? We have done A good place for Washington to start common sense as that idea may seem, that. We have gone down that road be- is with the five pieces of legislation we it was not until Tennessee created the fore. Shouldn’t we try something dif- introduced today to fix the law known Master Teacher Program in 1984 that ferent? How about we do what just as No Child Left Behind. No Child Left one State paid one teacher one penny about every job creator in America is Behind was a bipartisan effort in 2001 more for teaching well. All the spon- telling us they need in order to create and 2002. President Bush and Demo- sors of the five pieces of legislation we jobs? Tax reform. Loosening the grip of cratic Members of the Senate and the introduced today are Republicans. government regulations and free-trade House and Republicans as well agreed Many of the ideas were either first ad- agreements. That is how we will create on it. By the 2013–14 school year, the vanced or have been worked out in con- a better environment for jobs in our law said that all 50 million students in cert with President Obama and with country. It might mean the President nearly 100,000 public schools would be his excellent Education Secretary, doesn’t get his tax hikes, but it would proficient in reading and math. There Arne Duncan, as well as with Demo- mean more jobs. would be State standards, tests to cratic Senators here and with Repub- I know some people sometimes get measure performance against those lican and Democratic colleagues in the attached to a single idea, and this standards, and requirements that the House. In other words, we have made a President seems to have come into of- more than 3,000 teachers in America be lot of progress. fice with one big idea; that there is not highly qualified. There would be school In the Senate, my judgment is that a problem we have in this country that report cards, disaggregated by sub- we are not far from agreement on a bi- bigger government cannot solve. At a groups of students, and schools that partisan bill, with most of the dif- certain point, we have to take stock. failed to make what was called ade- ferences of opinion centering around We have to check the results and see quate yearly progress would receive what I would characterize as provisions how we are doing. I think it is pretty Federal sanctions. There would also be that would create a national school clear to most people what the results more choices of schools and charter board. We on the Republican side want suggest. It is time to change course. schools for parents. to continue to work with our col- I yield the floor. During the last 9 years, Federal fund- leagues across the aisle and in the The PRESIDING OFFICER. The Sen- ing for elementary and secondary edu- House. Our purpose in offering our ator from Illinois is recognized. cation programs has increased by 73 ideas is to spur progress so we can f percent, while student achievement has enact a bill before the end of the year. stayed relatively flat. Our legislative The House of Representatives has ORDER OF PROCEDURE proposals would set a new, realistic, passed its first bill to fix No Child Left Mr. DURBIN. Mr. President, how but challenging goal to help all stu- Behind with bipartisan support. It much time is remaining on the Demo- dents succeed and to end the Federal would expand charter schools and is cratic side? mandates which have Washington, DC similar to the charter school bill Sen- The PRESIDING OFFICER. There is deciding which students and teachers ator KIRK will introduce today. The 181⁄2 minutes remaining on the Demo- are succeeding and failing. President has met with us and given us cratic side. Our legislation would require States his blueprint. The Secretary has Mr. DURBIN. I see several of my Re- to have high standards that promote warned us that, under existing law, publican colleagues, and I would like college and career readiness for all stu- most schools will be labeled as failing to ask unanimous consent that they be dents and would continue the reporting within a few years, and he is proposing allowed to use their morning business of student progress so parents, teach- to use his waiver authority to avoid time and our 181⁄2 minutes remaining be ers, and communities can know wheth- that. The Secretary clearly has that preserved until after their speeches. er students are succeeding. It would en- waiver authority under the law, and I The PRESIDING OFFICER. Without courage teacher and principal evalua- support his use of it in appropriate objection, it is so ordered. tion systems, relating especially to ways. The senior Senator from Tennessee is student achievement, and would re- I am introducing legislation today to recognized. place the Federal definition of a highly make it clear that the appropriate use Mr. ALEXANDER. Mr. President, the qualified teacher. It would consolidate means using the waiver to accept or re- Republican Senators have come to talk Federal programs and make it easier to ject State proposals based upon wheth- about education, No Child Left Behind, transfer funds within local school dis- er those proposals enhance student and I ask consent to engage in a col- tricts. It would expand charter schools achievement and not to impose a new loquy. and give parents more choices. For the set of Washington mandates. But the The PRESIDING OFFICER. Without bottom 5 percent of schools, the Fed- best way for us to relieve the Secretary objection, it is so ordered. eral Government would help States of the need to consider waivers and to Mr. ALEXANDER. The Senators who turn them around. Much has happened help American children learn what will be here will be Senator ISAKSON, during the last 10 years, and it is time they need to know is for us to work to- Senator BURR, Senator KIRK, and Sen- to transfer back to States and to local gether in the Senate and in the House ator ENZI. Will you let each of us know governments the responsibility for de- to fix No Child Left Behind. when we have consumed 5 minutes? ciding whether schools and teachers Mr. President, I ask unanimous con- The PRESIDING OFFICER. The are succeeding or failing. sent to have printed in the RECORD fol- Chair will do so. Since 2002, 44 States have adopted lowing my remarks, and following the f common core academic standards. Two remarks of all the Senators, the fol- groups of States are developing com- lowing documents: Why we need to fix REFORM OF NO CHILD LEFT mon tests to see whether the students No Child Left Behind; how the environ- BEHIND are meeting those standards, and more ment has changed in the past 10 years; Mr. ALEXANDER. Mr. President, in than 30 States are working together to a summary of the nine proposals Sec- the world in which we live, every develop common principles for holding retary Duncan, Senator HARKIN, Sen- American’s job is on the line. As every schools and districts accountable for ator ENZI, and others of us have worked American knows, better schools mean student achievement. Thanks to No on; a summary of the legislation intro- better jobs. Schools and jobs are alike Child Left Behind, we now have several duced by Senator ISAKSON to fix title I; in this sense: Washington cannot cre- years of school-by-school information a summary of the legislation that I am

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.006 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5642 CONGRESSIONAL RECORD — SENATE September 15, 2011 a principal sponsor of to fix title II; a Disaggregation of students, first of what the assessment vehicle is that summary of Senator BURR’s proposal all, was critically important. Public best measures the assessment of that on titles II and IV; a summary of Sen- education in the United States prior to child—not a single, one-size-fits-all, ator KIRK’s legislation on charter the No Child Left Behind law exhibited paper-and-pencil test. That is going to schools; and a summary of the legisla- school systems and schools that basi- ensure that IDEA students get the in- tion that I am also introducing on cally hid behind mean average scores dividual attention they deserve and the waivers. or an ITBS mean average score. This measurement against the individual The PRESIDING OFFICER. Without comparison of ITBS test scores to disabilities they have that is appro- objection, it is so ordered. other States in the Nation is an aggre- priate as approved by their parents, (See exhibit 1.) gation of all students’ performance and their teacher, and their school, and it The PRESIDING OFFICER. The Sen- an averaging of that performance. It will make a remarkable difference for ator’s 2 minutes has expired. took the eye off the ball and the indi- IDEA kids. Mr. ALEXANDER. Mr. President, vidual student. I am very proud of that provision and Senator ISAKSON of Georgia has a dis- So what No Child Left Behind says is, the flexibility it gives to the system to tinguished career in education, not just test every student and disaggregate assess appropriately rather than force as a leader in the Senate of Georgia, them by sex, race, disability, by non- a one-size-fits-all test against 98 per- but as chairman of the Georgia School English-speaking, and rate each cent of our children with disabilities. Board, appointed by Gov. Zell Miller, disaggregated group by AYP. If only So to repeat what I said at the begin- and as a former Member of the House one school fails to make adequate ning—— of Representatives who was a key au- progress, then the whole school goes to The PRESIDING OFFICER. The Sen- thor of No Child Left Behind when it ‘‘needs improvement.’’ So we have a lot ator’s 5 minutes has expired. was enacted in 2002. of schools labeled ‘‘needs improve- Mr. ISAKSON. It is a good time for The PRESIDING OFFICER. The Sen- me to repeat what I said at the begin- ator from Georgia. ment’’ while making the best improve- Mr. ISAKSON. Mr. President, I thank ment they have ever made. So it is ning. I am proud to be building on the the great Senator from the State of time to end AYP, but it is not time to success of No Child Left Behind, and I Tennessee for his recognition and end disaggregation or the test scores. am proud that Senator ALEXANDER has whose own record in education is quite The greatest accountability meas- taken leadership on this committee to distinguished, including his tenure as a ure—and all of us as politicians know move forward on this reauthorization university president at the University it—is transparency. This bill will re- of IDEA and No Child Left Behind. of Tennessee, to his leadership on the quire the transparency of all the test Mr. ALEXANDER. Mr. President, I Health, Education, Labor, and Pen- scores of each individual child and the thank Senator ISAKSON for his leader- sions Committee, and, obviously, his transparency of each individual in each ship in education in the State of Geor- service as Secretary of Education for individual disaggregated group to en- gia and on this bill. the United States of America. sure we continue to know how our kids Senator RICHARD BURR of North I appreciate the reference to 10 years are doing and compare them on a year- Carolina has focused on elementary ago when we wrote No Child Left Be- to-year basis. But we do away with and secondary education for many hind. There were nine of us, five Repub- ‘‘needs improvement’’ because it has years, especially on making it easier licans and four Democrats, who locked served its purpose. for local school districts to use the ourselves up in the House Education Now, on disaggregated groups there Federal dollars that are made available Committee offices for about 6 weeks is one other thing the title I change and on finding ways to encourage stu- writing the document that became the does that I want to particularly em- dent and teacher evaluation. He is in- law of the land, and it has served the phasize on the Senate floor today. The troducing a bill, which I am proud to country well for 20 years. biggest disaggregated group in terms of cosponsor, amending titles II and IV of A title I provision of that is the free causing schools or systems to fall the Elementary and Secondary Edu- and reduced lunch provision, which is under ‘‘needs improvement’’ is those cation Act. the main title of the Elementary and special needs children considered under Mr. BURR. Mr. President, I thank Secondary Education Act, and it is the IDEA or the Individuals With Disabil- the Senator from a State once owned main title that delivers educational en- ities Act. They are all individuals who by North Carolina, and a distinguished titlements, requirements, and regula- have an individual disability that af- Member of this August body. tions under No Child Left Behind. fects their academic achievement or What are we doing here today? We The reason I am the principal spon- their ability to learn. are responding to what every CEO has sor of the removal—not the removal When we passed IDEA in 1978, if I re- said and every local leader has said and but the reform—of title I is because No member correctly, through Public Law every parent has said: If you want a fu- Child Left Behind requirements under 94–192, we dictated that we would give ture in this country, you have to fix K– title 1 have worked and it is time to go special emphasis and training to those 12 education. We have to make sure to the next step. I wish to be very spe- special needs kids and try and identify every child in this country has the cific about saying it has worked. their special needs and meet them foundational knowledge to meet what- As everyone knows, adequate yearly within the public education system. ever challenge they are faced with in a progress, or AYP, is the goal of title I, When No Child Left Behind lifetime. to see to it that every child every year disaggregated them into a single group Washington is good at coming up is making adequate yearly progress to- and tested them, we tested 98 percent with new programs and, to be honest, ward improvements in reading com- of them with the same paper and pencil when we look back over the history of prehension and mathematics. When we test. These are kids with a plethora of the last couple decades, every year we started AYP, we knew when we wrote disabilities that one single test could come up with a new program to fix K– it that if the bill worked, it would be- not possibly meet. We gave a 2 percent 12. What is obvious? We never fix it. come harder and harder and harder to cognitive waiver, disability waiver, so But what we hear loudly and clearly reach AYP because the baseline was they could have an alternative assess- from people who are on the front being built every single year. ment for up to 2 percent of the stu- lines—those elected and those non- The reason Senator ALEXANDER dents, but 98 percent had to take the elected and those who are charged with talked about so many schools falling same test. educating our children—is give them into ‘‘needs improvement’’ is because This reform of the IDEA portion of flexibility. We can’t design one pro- we pushed the achievement level so title I of No Child Left Behind simply gram in Washington that works in Ra- high that meeting AYP on a con- says this: Every year, at the beginning leigh, NC, and works in Knoxville, TN, tinuing and improving basis is dif- of the school year, when the parent and much less in rural North Carolina or ficult. So it is time to terminate AYP the teacher and the school meet to put rural Tennessee. as a requirement of the bill, but it is out the individual education plan, the What I propose is very simple: that 59 not time to throw out the system that IAP for that student, the parent, the pots of money, 59 different programs, made it work. teacher, and the school will determine be merged into two pots, and that

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.007 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5643 those local school systems have the thorizations, and are in substantial need of that results in nothing. But everyone flexibility and the capability to choose rewriting. Your effort to simplify and clarify recognizes the importance of education what they are going to use that money the purposes and flexibilities within these and recognizes that there has been a key programs is noteworthy. significant effort made since 1965 with for to educate our kids. What a novel With budgetary constraints faced at all thought, that we would take the people levels of government, streamlining federal K–12 education. It has been renewed on the front line—for the first time, I requirements, providing predictable and con- several times. In every single instance, am suggesting that Washington give up solidated formula-based funding streams to it has been renewed in a very bipar- the power we have to say: You do it our local school districts, and ensuring local dis- tisan way. We want that to continue to way or you will not get the money. trict decision making in the use of funds happen. The value of the Senate and We are faced in the future with some under your bill is particularly welcome. the House is to have a lot of different degree of austerity. We are not going The PRESIDING OFFICER. The Sen- opinions on how something can be done to have the money to throw it out and ator’s time has expired. and then to bring those together to see what works. But that is Washing- Mr. BURR. I urge my colleagues to form something usable in whatever ton’s typical response. Now it is time read these bills. Look at your school area we are working on. to begin to focus not on that we think systems. Make a decision that is right I cannot thank Senators ALEXANDER, works but what the teachers and the for the future of every child in this ISAKSON, BURR, and KIRK enough for principals and the elected officials lo- country and support our reauthoriza- the work they have done in this area. cally, but more importantly, the com- tion efforts. It does help us to focus, and I am work- munity decides works. I thank the Senator from Tennessee. ing with Senator HARKIN to try to Senator ISAKSON alluded to a number Mr. ALEXANDER. Mr. President, I come up with a bipartisan bill. I think of factors we use as to how we gauge thank the Senator from North Caro- we have been making good progress. I success or failure. I will tell my col- lina, Mr. BURR, for his insight and lead- have used the nine core components of leagues the gauge we ought to have: ership on how we help create an envi- these bills that Senator ALEXANDER What does a parent think? The likeli- ronment in which teachers, parents, mentioned as reasons for stepping back hood is that by the time we get those principals, and community leaders can and taking a look at what we are doing standard tests, it is probably too late make schools better, rather than to make sure the States can have as to fix it for their kids, but it may fix it through orders sent from Washington much of a role as possible, but the local for somebody else’s. telling them how to do that. people have an even greater role in What we are attempting to do today Senator KIRK from Illinois will be what is happening in education. That is as we reform K–12 education through here in a few minutes to introduce the where we are trying to keep the focus, these bills is to lay the gauntlet down charter school bill, which is the same and this has been very helpful in my and say that no child will be exposed to bill that passed the House of Rep- discussions with Senator HARKIN, to make sure we stay on track with those an inferior education in the future be- resentatives yesterday with 365 votes things. cause we are going to empower—not in a bipartisan way. As I mentioned at the outset, our Senator ALEXANDER mentioned the Washington—we are going to empower nine things. Secretary Duncan traveled the local community. purpose is to get things moving. We think there ought to be a law before through most of the United States Again, what I am simply doing in the holding listening sessions to find out the end of the year that fixes No Child Empowering Local Education Decision what kind of problems people had. He Left Behind. Toward that end, the sen- Making Act of 2011 is to take 59 pro- agreed that the nine things we had on ior member of the Senate Health, Edu- grams under elementary and secondary this list were the problems with No cation, Labor and Pensions Committee, education and put them into flexible Child Left Behind that needed to be foundational block grants. Some might Senator ENZI of Wyoming, began to fixed. Senator HARKIN looked at that meet quietly more than a year ago say the State is going to steal money list and agreed in the same way. off it. No. We limit it to 1.5 percent to with the chairman of the committee, We have come up with some solu- administer the program. It has a for- Senator HARKIN, and with Secretary tions, and those need to be put in a mula that satisfies exactly how this Duncan and, on some occasions, with bill, and that bill needs to be passed money is going to be distributed so it the President. They were able to come this year. Next year we get into Presi- is done fairly. to a good deal of agreement about fix- dential elections. I cannot see where Where we don’t exercise Washington ing No Child Left Behind, and then, on that is going to make things more bi- authority is we don’t tell the local the nine areas we would focus on, partisan or help education. There are a school system: Here is the only way which I put into the RECORD a few min- number of things that No Child Left you can use it. We say to the local utes ago. Behind did. One is the disaggregation, school system: Here are 59 programs. Senator ENZI is here now, and I which did show some problems across You pick the ones that best fit what thought he might want to speak about the country, where kids were being left your needs are in your community. In that effort. While all of us who are in- behind. A lot of times when we focus on addition to that, those two pots of troducing these bills today are Repub- education, we focus on the State and money we have created are 100 percent licans, we are only doing this as a way on the school district. Once in a while transferable. If you feel that one pot of moving the process forward and are we focus on the school. But what we doesn’t meet the need which might be hoping to attract Democratic support have been trying to do is get the focus in your area, then you can shift all of so we can end up with a bipartisan re- on the kid to make sure our children that money over to the other pot. So if sult. I believe, at the same time, that are learning what they need to know to you believe that focusing on teacher Senator ENZI is continuing to meet be able to survive. That is one of the quality is better versus students, you with Senator HARKIN, the chairman of places we will be able to greatly im- have the flexibility to do it without the committee, with the hope that we prove as we move on in this effort. asking us for a waiver. In addition to will achieve that bipartisan result. One of the surprises to everybody that, if title I is where you need addi- The PRESIDING OFFICER. The Sen- will probably be to find out that the tional funds, both pots of money are ator from Wyoming. Federal Government only requires one transitional to title I for additional Mr. ENZI. Mr. President, I wish to Federal test. You always hear about all support for at-risk kids. thank the Senators who have spoken the testing the kids have to take That is something we have never for all of their efforts and thought. A across the Nation. A lot of that is lo- done. Just this week I received a letter lot of times people think that what is cally imposed, but they are tests they from the Council of Great City Schools, being discussed on the floor is the only think are necessary. But the Federal a coalition, by the way, of our Nation’s thing that is happening in the Con- Government says you need to have one largest central school districts. In gress. There are things happening in at the end of the year, and that is what their letter they wrote this: the background that are probably we have concentrated on with the Both Title II and Title IV of the Elemen- achieving more than the debates that disaggregation. tary Secondary Education Act have become happen here. A lot of times what people There have been a lot of surprises for unwieldy and unfocused over the past au- get to see here is the blood on the floor people as they actually take a look at

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.007 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5644 CONGRESSIONAL RECORD — SENATE September 15, 2011 what that rather voluminous bill has charter school. I think we should set a how schools and students are performing by in it. I think we are moving to a point goal of at least 50 percent having that race, income, English proficiency and dis- where we should be able to get some- opportunity. ability. This makes it easier to identify the thing done and get something done rel- Recently, I was able to visit the achievement gaps and target efforts to address problems. atively quickly. Again, it will be be- Noble Street School, also another 4. Auditing: All states are participating in cause of the work of these people who school which was represented about 99 the National Assessment of Educational have put together some bills to bring percent African American, with over- Progress, NAEP/Nation’s Report Card, which attention to some very specific parts whelmingly free and reduced-lunch serves as an audit of the quality of state that need improvement. I thank them kids. This school is outperforming all standards and assessments. for doing that. of its peers, despite not having any se- 5. Robust Awareness: Because of data, par- I yield the floor. lection criteria, and being able to take ents, teachers, principals, legislators, and Mr. ALEXANDER. Mr. President, I Governors are paying more attention to edu- kids from all walks of life, including cation issues, and thus holding their dis- thank Senator ENZI and I thank him special-needs kids. tricts, schools, and teachers accountable. for his leadership and the constructive We are seeing something working 6. Charter School Growth: The number of way he and Senator HARKIN are work- here. Mayor Emanuel sees it. I see it. students enrolled in public charter schools ing together. That is why in the House of Represent- has more than tripled to 1.4 million and the I should emphasize, as I said in my atives, when the companion legislation percentage of all public schools that were remarks, the respect all of us have for was considered, 365 Representatives, in- charter schools has increased from 2% to 5%, Secretary Duncan. He has done a ter- cluding well over 100 Democratic rep- comprising 4,700 schools nationwide. rific job staying in touch with us with- 7. School Choice: Not much, but some resentatives, supported our charter growth in school choice (i.e. Milwaukee, out regard to political party, and the school bill. We are introducing the Florida). President and he have stuck their companion bill over here. I am hoping WHAT THE NATION HAS LEARNED FROM NO necks out on some issues that are not for equal amounts of bipartisan sup- CHILD LEFT BEHIND: THE GOOD AND THE BAD entirely popular with their Democratic port because what we see is working in THE GOOD constituency. We respect that as well. Chicago can work elsewhere. As I said, our effort is to take these Disaggregated Reporting: The disaggrega- The charter school movement has tion of data by subgroups has allowed us to ideas and recognize we are in the ninth generally focused on inner cities. But I see how all students are performing. year of a bill that was supposed to be want to make sure charter schools are Annual Assessments: Provides basic infor- fixed after 5 years, and to get it done offered to kids in Peoria, in Spring- mation on the performance of students in before the end of the year. field, in Rockford, and in Metro East. mathematics, English/Language Arts, and One example of what we could do the So the kind of success we are seeing Science. Senator from Illinois will talk about. Public Reporting: Increased public report- here—8 out of 10 top performers being ing of state, district, and school performance He has been the leader on expanding charter schools for nonselective public opportunities for parents and commu- has provided the public with better informa- high schools—is something I think we tion on the quality of local schools. nities to use charter schools. The should have offered here. That is why I Parental Involvement: Provides greater in- House of Representatives acted on that applaud our ranking member and espe- formation to improve parental involvement bill yesterday. cially Senator ALEXANDER for putting in school-level decisions. Senator KIRK. together this group of bills to offer THE BAD Mr. KIRK. Mr. President, joining as higher education performance for Goal of 100% Proficiency by 2014: Sets un- part of this effort, I think we need to America’s kids, especially in the tough realistic and unproductive mandate that all reform No Child Left Behind and that global political environment they will students are proficient by 2014. we should focus on making sure we pre- be in. Adequate Yearly Progress (AYP): Rigid serve disclosure and the right of par- federal mandates of how to achieve pro- With that, I yield back to our leader ficiency and tells states from Washington ents to know how their schools are on this joint effort and the ranking mi- doing, without destroying the school, which schools are succeeding and which are nority member and thank them for the failing. without having an AYP measurement opportunity to speak. Highly-Qualified Teachers (HQT): Onerous that somehow says most, if not all, Mr. ALEXANDER. Mr. President, federal definition of what constitutes a schools are failing. how much time is remaining? qualified teacher. As part of this effort, I am intro- The PRESIDING OFFICER. Fifteen Unfunded Mandates: Federal mandates far ducing the Empowering Parents seconds. exceed the 9–10% federal investment in edu- Through Quality Charter Schools Act cation. Mr. ALEXANDER. Thank you, Mr. Ineffective spending: Dedicates billions in to emphasize charter schools and to President. Every American knows that make sure their opportunities are more limited federal dollars to small and ineffec- every American’s job is on the line. tive programs that don’t have a record of widely available to parents and chil- Every American knows that better success. dren, especially in inner cities. schools mean better jobs. We are ready WHY WE NEED TO FIX NO CHILD LEFT BEHIND This is a chart I have in the Chamber to work with the President and with 100% proficiency by 2014 will not happen. that shows the top 10 nonselective— our Democratic colleagues to create an Adequate Yearly Progress with its pre- meaning they take everyone—public environment for better schools in this scriptive 64-part formula will result in every high schools in Chicago. They are country by fixing No Child Left Be- school getting a failing grade. ranked in order of ACT scores. You can hind. Teachers focus too much on testing and no see from the chart, Lincoln Park High Mr. President, I yield the floor. one understands what the results mean. School is No. 1, not a charter school. Sanctions impact rural schools more. EXHIBIT 1 But in the top 10, 8 of them are charter Highly Qualified Teacher requirements create unusual restrictions particularly with schools, and these are in some of the ELEMENTARY AND SECONDARY EDUCATION: HOW HAS THE ENVIRONMENT CHANGED OVER respect to rural, special education, and toughest neighborhoods in Chicago. THE PAST 10 YEARS? English as a second language teachers. That is why this is one of the No. 1 1. Standards: All states have content State and local flexibility is limited and issues being discussed right now in Chi- standards in place for reading/language arts there are duplicative and overlapping pro- cago. Mayor Emanuel is doing an out- and mathematics. 44 States are working to- grams. standing job of leading a reform effort gether in a Common Core state-led effort to Allowable uses of federal funds are too lim- to make charter schools more avail- improve their standards. ited and restrictive. able, to expand the day of instruction, 2. Assessments: All states are conducting One size fits all mentality of Washington’s ‘‘good’’ ideas. We need local solutions. and to expand the number of days in annual assessments in reading/language arts and mathematics that are aligned to state Parents are too often left out of the equa- the school year because right now tion. Chicagoland suffers from some of the standards and are publicly reporting their results. Two groups of states are working to- HOW TO FIX ‘‘NO CHILD LEFT BEHIND’’ lowest numbers of days of instruction gether to develop common assessments 1. Set a new, realistic but challenging goal in the country. Right now, for example, aligned to the Common Core standards. to help all students succeed. in Chicagoland, only about 10 percent 3. Data: Disaggregation of data by states 2. Free 95% of schools (91,000 schools) from of kids have the opportunity to go to a and districts provides greater information on the federal requirement of conforming to a

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.009 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5645 federally-defined adequate yearly progress tus to maintain public accountability for all Reduces Paperwork & Federal Intrusion: mandate. student subgroups. Unnecessary and irrele- The bill dramatically simplifies the Title I 3. The federal government will help states vant federal reporting requirements will be State plans that are submitted to the Sec- fix the bottom 5% of their schools (4,500 eliminated. retary to reduce unnecessary paperwork and schools). 7. Provide school districts with the ability frees states from Washington interference. to transfer funds more efficiently among the 4. Require states to have high standards THE TEACHER AND PRINCIPAL IMPROVEMENT five largest federal education programs. that promote college and career readiness for ACT OF 2011 all students. School districts will have more flexibility to 5. Encourage the creation of state and meet their local needs by transferring funds PREPARING, TRAINING, AND RECRUITING EFFEC- school district teacher and principal evalua- among the 5 major federal education pro- TIVE TEACHERS AND PRINCIPALS TO IMPROVE tion systems to replace federal highly quali- grams. This will allow school districts to STUDENT ACHIEVEMENT fied teacher requirements. better target federal resources to improve Addressing State and local needs for teach- 6. Continue necessary reporting so that student academic achievement. er and principal training: States and local parents, teachers, schools, legislators, and 8. Consolidate and streamline almost 60 school districts will conduct a needs assess- communities receive good information on programs within NCLB to allow State and ment to determine what professional devel- schools. local leaders to meet student needs in their opment teachers and principals need to im- 7. Provide school districts with the ability states and districts. Consolidate the pro- prove student achievement and then target to transfer funds more efficiently among the grams authorized in NCLB into flexible fund- resources to meet those needs. five largest federal education programs. ing streams that allow States and local Supports the State-led Development of 8. Consolidate and streamline more than 80 school districts to fund locally-determined Teacher/Principal Evaluation Systems: programs within NCLB and eliminate those programs that meet the unique and specific States and local school districts are empow- that are duplicative and unnecessary. needs of the students in their States and dis- ered to develop their own teacher and prin- 9. Empower parents. tricts. cipal evaluation systems that are based sig- 9. Empower parents. Parents will receive HOW TO FIX ‘‘NO CHILD LEFT BEHIND’’ nificantly on student academic achievement. meaningful information on the performance The Federal Government would be prohibited 1. Set a new, realistic but challenging goal of their children’s schools so they can be from regulating or controlling those state to help all students succeed. Establish a na- more effectively involved in their children’s and local evaluation systems, allowing local tional goal that all students will be ‘college education. The law will continue to support innovation and leadership to flourish. and career ready’ by high school graduation. the expansion of high-quality charter Maintains Strong Reporting Requirements: States will use annual reading and mathe- schools. For those parents whose children at- States and local school districts will provide matics assessments, including student tend the state-identified bottom 5% of important data on the quality and effective- growth, to measure progress toward the goal. schools, they will have the option of public ness of teachers and principals, as well as the 2. Free 95% of schools (91,000 schools) from school choice to transfer to another public results of teacher and principal evaluation the federal requirement of conforming to a school. systems if developed, to inform parents and federally-defined adequate yearly progress THE ELEMENTARY AND SECONDARY EDUCATION the community about who is teaching in the mandate. 95% of schools will no longer face AMENDMENTS ACT OF 2011 classroom and leading our schools. federal sanctions. These schools will con- EMPOWERING STATE AND LOCAL EDUCATION Teacher Incentive Fund: Authorizes the tinue annual reading and mathematics as- LEADERS TO IMPROVE PUBLIC SCHOOLS Teacher Incentive Fund to provide competi- sessments and public reporting require- Establishes College & Career Readiness tive grants for states, districts, and partner- ments. The emphasis will be on helping Goal: States are asked to develop and main- ships with private-sector organizations to states to catch these successful schools and tain academic content standards and assess- implement, improve, or expand comprehen- struggling schools doing things right, in- ments that will prepare students for college- sive performance-based compensation sys- stead of announcing their failure. and career-readiness without interference by tems for teachers and principals, while leav- 3. The federal government will help states the Federal government about whether to ing broad latitude in how states develop such fix the bottom 5% of their schools (4,500 work alone or in partnership with other systems, as well as prioritizing high-need schools). States will identify, for federal ac- states. schools. countability purposes, the bottom 5% of Empowers State and local leaders to de- Encourages Innovative Private-Sector In- schools that receive Title I funding. These velop their own accountability systems: In- volvement: Authorizes competitive grants schools will be required to choose an inter- stead of a ‘‘One Size Fits All’’ Washington- for national non-profit organizations, such vention model from a defined list of options. approach, states will develop their own sys- as Teach for America and New Leaders for The models will be broad and include options tems designed to ensure that all students New Schools, to help states and local school for rural schools and provide flexibility for graduate from high school college- and ca- districts that have a demonstrated record state innovation. reer-ready, without Federal interference or with teacher or principal preparation, profes- 4. Require states to have high standards regulations on state standards, assessments, sional development activities, and programs. that promote college and career readiness for growth models for accountability, or how to Reduces Paperwork and Federal Intrusion: all students. Require states to adopt ‘college develop teacher and principal evaluation sys- The bill dramatically simplifies the Title II and career ready’ standards that are aligned tems that are based on improving student State plans that are submitted to the Sec- with higher education, career and technical achievement. retary to reduce unnecessary paperwork and education standards, and workforce skills Eliminates Adequate Yearly Progress frees states from Washington interference. within the state. There will be no preference (AYP): The Federal government is taken out EMPOWERING LOCAL EDUCATIONAL DECISION or prohibition for states to adopt a specific of the business of determining if local MAKING ACT OF 2011 set of standards, including the Common Core schools and districts are succeeding or fail- standards. ing in educating their students by ending the State and local school districts, not Wash- 5. Encourage the creation of state and Washington-based AYP system of how to ington, D.C., are the best makers of edu- school district teacher and principal evalua- identify schools. cational decisions. Unfortunately, in the last tion systems to replace federal highly quali- Asks States to Identify the Bottom 5% of few decades, the federal government, believ- fied teacher requirements. Encourage states Lowest Performing Schools: States will be ing it knew best, has exploded the number of and school districts to develop teacher and required to identify the bottom 5% of Title I small, categorical education programs in K– principal evaluation systems to identify high receiving elementary and secondary schools, 12. Almost every year, yet another new pro- performing teachers and principals and using their state-developed accountability gram has been created in pursuit of the new- eliminate the federal ‘‘highly qualified system, and local school districts will be re- est educational rave. And with each of these teacher’’ definition. Innovative teacher and quired to implement a school improvement new programs, States and local school dis- principal pay programs will continue to be strategy for their lowest performing schools. tricts have lost flexible federal funding supported through the Teacher Incentive School districts will continue to be required sources that allow them and not the latest Fund program. to provide public school choice to students in fad to determine how best to allocate federal 6. Continue necessary reporting so that these lowest performing schools. resources to meet the unique and specific parents, teachers, schools, legislators, and Eliminates ‘‘Highly Qualified Teacher’’ Re- needs of the individual students in their communities receive good information on quirement: States will be freed from the on- States and districts. schools. States, school districts and schools erous ‘‘Highly Qualified Teacher’’ require- The Empowering Local Educational Deci- will continue to report information regard- ments and empowered to maintain and im- sion Making Act of 2011 streamlines 59 pro- ing student achievement on annual reading, prove their own teacher and principal licen- grams into 2 flexible foundational block mathematics and science assessments. Other sure and certification requirements. grants. Rather than Washington and the fed- reported information will include high Maintains Public Reporting Requirements: eral government determining funding prior- school graduation rates and teacher certifi- States and local school districts will con- ities for States and local school districts, the cation. All of this information will continue tinue to report disaggregated data on stu- Empowering Local Educational Decision to be disaggregated by race and ethnicity, dent achievement, while requiring annual re- Making Act puts locals in charge by allowing socio-economic status, disability status, port cards at the school, school district and them the flexibility to fund locally-deter- English proficiency, gender, and migrant sta- State level. mined programs and initiatives that meet

VerDate Mar 15 2010 02:49 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.002 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5646 CONGRESSIONAL RECORD — SENATE September 15, 2011 the varied and unique needs of individual while also encouraging sharing best prac- ital of Afghanistan. The U.S. Ambas- States and localities. tices between charters and traditional public sador 2 days ago then announced this FUND FOR THE IMPROVEMENT OF TEACHING AND schools. was the work of the Haqqani Network. LEARNING THE STATE INNOVATION PILOT ACT OF 2011 That is a very important factoid. Then Consolidates 34 programs into ONE flexi- The bill clarifies waiver authority that is yesterday, the Secretary of Defense ble, formula-driven Fund for the Improve- currently in the Elementary and Secondary also highlighted the Haqqani and ment of Teaching and Learning to fund lo- Education Act. The clarified waiver provi- pointed a direct finger at the Govern- cally-determined needs and initiatives re- sion authorizes State educational agencies lated to— and local school districts to submit a request ment of Pakistan and its intelligence Increasing the capacity of local school dis- to the Secretary of Education to waive any service, the ISI. tricts, schools, teachers, and principals to statutory or regulatory requirement of the It is all well known that while there provide a well-rounded and complete edu- law. are terrorists operating loosely in cation for all students. State and local leadership: The bill im- Pakistan who attack Afghans and Increasing the number of teachers and proves the waiver authority currently in law Americans, it is the Haqqani Network principals who are effective in increasing by clarifying that the waiver process is in- that enjoys the official support and student academic achievement. tended to be led by state and local requests, backing of the intelligence service of Ensuring that low-income students are not Washington mandates. served by effective teachers and principals Deference to state and local judgment: If Pakistan. and have access to a high-quality instruc- the Secretary chooses not to immediately Given this new information, and es- tional program in the core academic sub- approve a waiver request, the bill directs the pecially given the statement by the jects. Secretary to develop a peer review process U.S. Ambassador in Afghanistan, Ryan SAFE AND HEALTHY STUDENTS BLOCK GRANT that defers to state and local judgment on Crocker, and now our Secretary of De- Consolidates 25 programs into ONE flexi- waiver requests. fense, Leon Panetta, the Senate should ble, formula-driven Safe and Healthy Stu- Transparency: The bill ensures that the engage in an agonizing reappraisal of dents Block Grant to fund locally-deter- peer review process will be open and trans- military assistance to Pakistan. We mined needs and initiatives for improving parent so that it is clear what states and local school districts are asking to waive and should base our reappraisal on the students’ safety, health, and well-being dur- statements of our own Ambassador in ing and after the school day by— what peer reviewers think about those waiv- Increasing the capacity of local school dis- ers. Kabul and the Secretary of Defense tricts, schools, and local communities to cre- Prohibiting additional regulations: The himself. ate safe, healthy, supportive, and drug-free bill prohibits the Secretary from imposing With that, I yield the floor. environments. by regulation any additional requirements to The PRESIDING OFFICER. The Sen- Carrying out programs designed to im- waiver requests not authorized by Congress. ator from Missouri is recognized. prove school safety and promote students’ The bill encourages State and local edu- Mr. BLUNT. Mr. President, I want to cation leadership in developing and imple- physical and mental health well-being, talk about the disaster funding debate healthy eating and nutrition, and physical menting innovative strategies in: College and career ready academic content that is going on this week. fitness. The PRESIDING OFFICER. Without Preventing and reducing substance abuse, and achievement standards for all public ele- school violence, and bullying. mentary and secondary school students; objection, it is so ordered. Strengthening parent and community en- High-quality academic assessments that f gagement to ensure a healthy, safe, and sup- are aligned with and are designed to measure portive school environment. the performance of local educational agen- DISASTER FUNDING cies and schools in meeting those standards; ENHANCED FLEXIBILITY THROUGH FUNDING Mr. BLUNT. I appreciate the Pre- Accountability systems that are based on TRANSFERABILITY siding Officer’s recognition. those college and career ready standards, as Mr. President, this is a debate that To provide additional funding flexibility to well as other academic indicators related to State and local school districts, under the student achievement; and has become the debate as part of the Empowering Local Educational Decision Programs to improve principal and teacher Burma Sanctions Act, which if we were Making Act of 2011 districts will be able to quality and effectiveness. debating the Burma Sanctions Act I transfer up to 100% of their allocations under Mr. ALEXANDER. I suggest the ab- would also be for Burma sanctions. But the Fund for the Improvement of Teaching in the debate on disasters, Missouri has and Learning and the Safe and Healthy Stu- sence of a quorum. dents Block Grant between the two programs The PRESIDING OFFICER. The played an unfortunate leading role this or into Title I, Part A. clerk will call the roll. year of all kinds. EMPOWERING PARENTS THROUGH QUALITY The legislative clerk proceeded to We have had floods along the Mis- CHARTER SCHOOLS ACT 2011 call the roll. sissippi River. We have had floods SENATOR KIRK CHARTER SCHOOL BILL Mr. KIRK. Mr. President, I ask unan- along the Missouri River. Joplin, MO— This bill will modernize the charter school imous consent that the order for the one of the bigger cities in our State— program by encouraging the expansion of quorum call be rescinded. was hit by a tornado. We have evacu- high-quality charter schools and allowing The PRESIDING OFFICER. Without ated a place in southeast Missouri, a charter school management organizations to objection, it is so ordered. floodway called Birds Point, where, for receive assistance directly from the federal Mr. KIRK. Mr. President, I wish to the first time since 1937, the Corps of government. speak briefly on the subject of our rela- Engineers decided that 130,000 or so Modernizes the Charter School Program to tions with Pakistan. acres had to be used as a floodway. All address present realities for public school the crops that were already planted choice, by incentivizing expansion and rep- The PRESIDING OFFICER. Is there lication of successful charter models, pro- objection? and up were, obviously, destroyed as viding support for authorizers, and enhanced Without objection, it is so ordered. part of that. opportunities for facilities financing. f I was in that floodway for a couple of Encourages states to support the develop- different days in August, and I will say, ment and expansion of charter schools. PAKISTAN the resilience of Missouri farmers to Streamlines federal Charter School Pro- Mr. KIRK. Mr. President, earlier this get about 80 percent of that floodway gram funding to reduce administrative bur- week, I gave a talk based on my service back in soybeans means the economic dens and improves funding opportunities for in Afghanistan as a reservist, about the loss, the crop loss, will not be what it the replication of successful charter models and facilities assistance. growing threat of a new group to our was. But the recovery loss is substan- Allows proven, high-quality charter school forces in Afghanistan, ISAF, and the tial, as is the cost of rebuilding that management organizations to apply directly Afghan Government. It is not al-Qaida, levee back to the level it was before to the federal government, as well as local which is armed and dangerous, but a the Corps exercised the long plan that education agencies, deleting a layer of bu- shadow of its former shadow. It is not had not been used to take it down. reaucracy with the State government. the Taliban, which is still extremely Tornadoes struck St. Louis at the Facilitates the establishment of high-qual- armed and dangerous. It is a new group airport and around Lambert Field, in ity charter schools and further encourage choice, innovation and excellence in edu- called the Haqqani Network. communities around Lambert Field. cation. Recently, there was a high-profile at- Tornadoes in Joplin were significant. I Supports an evaluation of schools’ impact tack on the Afghan Government and mentioned on the floor of the Senate on students, families, and communities, ISAF headquarters in Kabul, the cap- before that I live close to Joplin. It was

VerDate Mar 15 2010 02:49 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.004 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5647 in my congressional district for 14 You know we should be and appro- they made. However, getting them into years. I had an office there. I am prob- priately are focused on jobs as the No. a house that they do not own is some- ably as familiar with Joplin as any- 1 priority in the country today, private thing that there are government pro- body who does not live there or has not sector jobs. But there are a lot of pri- grams for that are designed to help. lived there. vate sector jobs in my State and others Community development block As I went to the scene of this tor- that have not been there for months grants allow qualifying communities to nado, the devastation made a city that now because the factory is closed or meet local matches and local needs I was very familiar with—at least a the business is closed. That factory is without a whole lot of redtape, less half-mile path, 6 miles across that not going to open again until people redtape than a lot of other things that city—virtually unrecognizable by me can get to work. And people are not the government does. And, of course, or the local police officer who was driv- going to be on the highway to get to with the most recent hurricane, Hurri- ing me around. There were no street work until the levee is rebuilt. And the cane Irene, suddenly FEMA says: Well, signs left. Every block looked like the levee is not going to be rebuilt until I know we made a lot of commitments block on either side of it—an incredible the Corps of Engineers has the money to other communities that are already amount of devastation. to do the job they are supposed to do in progress, but we now have to turn to There were 162 people killed either at and meet their obligations. The Corps the new disaster. I appreciate turning the time of the tornado or who within is responsible for taking care of some to the new disaster. But you cannot a few days of the tornado died as a re- of our most pressing needs, whether it forget that a community has problems sult of injuries; 900 people were injured. is restoring the levee at Bird’s Point or they cannot deal with that we said we A hospital was destroyed that will cost levees in northwest Missouri in Holt were going to help with, just because about $500 million to replace. The high County, which has 165,000 acres—more the TV satellite truck has gone some- school was destroyed. The vo-tech than half the county—underwater. A where else. I think it is important that school was destroyed, lots of elemen- lot of that has been underwater now for FEMA meets its obligations. tary schools destroyed, 500 commercial 3 or 4 months. As I said before, I think it is impor- properties, 8,000 apartments and I talked to a farmer in my office yes- tant in an ongoing way we are sure homes, and I think ‘‘destroyed’’ in vir- terday who went to his own home for that we have a standard for natural tually all those cases would be the the first time in 3 months, by driving a and national disasters that truly are right word; some of them salvageable, tractor over some fairly high water national in scope. With thousands of most of them not. Homes, churches, el- areas but passable areas. His home had acres of Missouri farmland still under- ementary schools, the Catholic not been flooded, but everything water, with communities trying to re- school—all destroyed by that tornado. around it was. So he had not been there cover from tornados, with commit- While we make headway every day, for 3 months when we talked yesterday ments that FEMA has told them to finding housing for people in that com- until he went this week. move forward on and now suddenly munity who were affected by the loss Whether it is water along the entire does not have the money that they had of those 8,000 homes, and while the Missouri River, which has been in flood already committed, we need to be con- schools were up and running by the day stage through the month of August, re- cerned about that. schools were scheduled to start 90 days covering from what has happened on Programs such as watershed emer- later, in an incredible way, looking for the Mississippi River, we need to do gency protection and conservation whatever space was available and turn- our job. In our case, the Missouri emergency protection that are in this ing that into schools for this year, River, this has not been a-1 week flood; bill that were in the Agriculture appro- there is clearly a lot to be done. priations bill that the committee voted This exceeds the capacity of an indi- this is a 3- and 4-month flood. I do not remember a time ever—in out earlier this week will have a big vidual community or even a State to fact, I am not aware of a time ever— impact on meeting these obligations. do what needs to be done. I am in the when the entire Missouri River from Despite the unprecedented year, my process, and have been for some time State and Americans everywhere are the Missouri border in the northwest now, of discussing with GAO the exact responding to these disasters, this is a corner of the State to St. Louis was in right request, to be sure we are not de- time when the Federal Government flood stage the entire month of August, claring disasters as national disasters needs to do what the Federal Govern- and in some cases has been in flood that are not national in scope, that we ment has said it is there to do. Hope- stage now for what is 4 months. Com- have not gotten into a habit of saying: fully we will do this with this bill or munity development block grants that That is a disaster, the Governor ought some other bill that comes quickly help with disasters provide commu- to send a request to the President and that allows these communities to meet nities a short-term and long-term way the President ought to grant it. We do their needs, these farm families to get to meet disaster recovery. Disaster not want to be doing that when a State back to work, these factory workers to community development block grant or a community could handle the prob- see the factory doors open again. I am funds can pick up where FEMA leaves lem. But we do always want to be sure supportive of this effort. we have the resources necessary when off. I hope that is part of our plan as we I yield the floor. States and communities cannot pos- look for this disaster bill, which I am The PRESIDING OFFICER. The Sen- sibly handle this kind of problem by intending to support—or the final, or ator from North Carolina is recognized themselves. another disaster bill that we can agree without objection in the majority’s The tornado I talked about was one; to with the House—to be sure that we time. Only 4 minutes is remaining. the flooding in the entire Mississippi make it possible for these communities Mr. BURR. Mr. President, am I incor- Valley watershed, which is I think the to do what they could not do on their rect that the other side has a speaker fourth largest watershed in the world. own or could not even do with State as- coming at 11 o’clock? And whether it was the Missouri River sistance. The PRESIDING OFFICER. The or the Ohio River or the Mississippi In Joplin, it is things such as under- Chair does not have information about River itself, or the Arkansas River, all ground utilities and storm sewers and that. of this flooding that occurred this year sanitary systems of all kinds, owner- Mr. BURR. I will take whatever time has set a recovery number that does re- occupancy programs to get people who the Chair gives me. I will yield, when I quire national involvement. If we do owned a house but may never own one need to, to the other side. not recover from these floods, the right again because the house they owned, The PRESIDING OFFICER. Without kinds of things do not happen. through frankly their own inability or objection, it is so ordered. I had a county commissioner tell me their oversight or their decision not to Mr. BURR. Let me add to what my over August that the factory does not have insurance—you know, if you own good friend from Missouri talked open until the highway opens. And the a house and you do not have a loan, about. That is about the Federal com- highway does not open until flood pro- there is no banker to tell you that you mitment to disaster. North Carolina tection is guaranteed. And flood pro- have to get insurance. We will have happens to be one of those States that tection is not guaranteed until we ap- some people who are negatively af- is probably the most recent. We wel- propriate the money. fected by that. But that was a decision come the attention of FEMA, but we

VerDate Mar 15 2010 02:49 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.010 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5648 CONGRESSIONAL RECORD — SENATE September 15, 2011 also have the last disaster before. And and all of a sudden you have got a for- system? Part of it is recognizing the just like he expects the promises to be mula for success regardless of the so- fact that up here we don’t have the so- fulfilled, even though we are first in cioeconomic conditions of the child lutions; we are merely a financial part- line now, we expect the promises to be who came. ner. That is one of the reasons this fulfilled to those who are already out Well, I fear Teach for America is not morning I introduced a bill. What that there. Our country is great enough to going to get the attention of Congress bill does is it takes 59 pots of money— do it. It is the greatest country in the that it should. Yet across this country, 59 separate programs that were funded world. But it means we have got to do when you find successful, qualified last year. In one area, we call it the it in a responsible way. Part of that teachers, they have come out of this fund for improvement of teaching and means we need to pay for it. I hope my program. The commitment to be there learning, to say we can take 59 pro- colleagues will join what I think will for 2 years or 3 years or 5 years is no grams and combine them into two pots be a House effort to expedite the fund- longer a contract that they are waiting of money; one is teaching and learning ing needed for disaster relief but to do for the end of; they are looking for the and the second one is safe and healthy it in a way that we do not charge fu- opportunity to make this a career. students. ture generations because of our fiscal It is those teachers, those Teach for In the teaching and learning area, we irresponsibility. America graduates, who are finding have consolidated about 24 funding pro- I had the opportunity to participate their way to being the principals of grams into one. We have said to local in a colloquy earlier on reforms to K– schools, to being elected on the school educators that they can use this money 12 education. I wish to take the few re- board, to being involved in areas that, however they want, if their focus is maining minutes I have to talk a little for once, now these Teach for America teaching and learning, and they can bit more about that, because I think to graduates are challenging traditional pull out of the other pot any moneys some degree we hear about education education to live up to what this obli- they need for programs that address and the failures of K–12. gation is they have got. That is to safe and healthy students. Senator KIRK alluded to some charter make sure that every child has the We went a step further and said, if schools in Chicago. I want to mention foundational education they need to one of these pots of money doesn’t a school nobody hears about. It is compete. work for them, then we will give them called the KIPP Academy. Technically, It does not matter whether the exam- 100 percent transferability from one it is a charter school. It started in ple I talk about is the KIPP Academy pot to the other. So if their objective Houston, TX. Then it expanded. Its sec- charter model that was started in and their need is greater in teaching ond location was in New York City. Its Houston or whether it is the Noble and learning, we will give them the third location was targeted to be At- Street charter that was created in Chi- ability to take the safe and healthy lanta, but halfway between Atlanta cago. All of these examples were not student money and throw it over into and New York they found a little coun- created here. They were not created in the teaching and learning pot so they ty in rural North Carolina. It is called Congress or in Washington. Yet what can access more funds. Northampton County, and a little com- typically we do is we try to import the In addition, some communities munity there called Gaston, NC, the solution from here. across the country might need addi- last place you would expect a Texas in- I will be the first to tell you, a prin- tional help in title I, at-risk students. novative charter school to say, let’s cipal is much closer to your children We allow 100 percent transferability of put a facility here. Predominantly mi- than the Congress of the United States. both of those into title I. For those nority; clearly below the average in- They are much closer to the school. concerned with title I, not only do we come level of every county in North They are much closer to the school sys- not touch it, we make it available to Carolina; challenged for economic de- tem. They have greater influence on receive additional funding if a school velopment. They do not have the infra- the outcome. Where have we been in- system decides to do it, not a bureau- structure. But KIPP looked at it and fluencing education? We influence it on crat in Washington, DC. said: You know, no child should go the input side, not the output side, be- Under the fund of improving teaching without what we are out there to offer. cause we say: Here is some money. We and learning, States and local school Today the success rate of that school is have got some money. But you can districts may use funds for activities off the chart. But it also is in every only use it for this because we have de- and programs that meet the purposes KIPP location that has opened. termined this is the solution to the of the fund for the improvement of When you have successes such as problem. KIPP sort of broke the mold. teaching and learning and their unique that, whether they are in Houston, TX, They said: Our mission is to educate and individual needs. These may in- or New York City, or Gaston, NC, the every child. We want to see them suc- clude evaluation systems for teachers responsible thing is to stop and take a ceed. and principals that take into account breath and ask yourself: What have Let me give my colleagues an exam- data on student academic achievement they figured out that either we have ple. In Charlotte, NC, they opened a and growth as a significant factor. not in Washington or what flexibility KIPP Academy, K–8, next door to a tra- That is exactly what Senator ISAK- do they have that we do not give every- ditional K–6 school. There is no way SON was talking about, the need for ac- body else? anybody can look at it and say, this countability. But we are trying to take When you walk into a KIPP school, it drew kids who were in a different a majority of the responsibility for ac- is markedly different as soon as you neighborhood. No, it drew kids from ex- countability and send it to the local walk in the door. Most kids are in uni- actly the same neighborhood. But if school systems. All we can see are forms. The school day is longer. The you look at the performance side by numbers up here in comparison to what teachers are partners in education, side physically, the performance of the our goal is for people to hit. I am con- which begs me to talk a little bit about kids in the KIPP far exceeds the per- cerned that a community takes owner- Teach for America, the program that formance of the kids in the traditional ship in the performance of their school many Members of Congress support. public school system. system because that community is reli- Teach for America challenged the (Mr. BROWN of Ohio assumed the ant on their success for their future. next generation of kids who want to be chair.) My hope is, school systems and com- educators to commit a certain portion Mr. BURR. Why? Because KIPP offi- munities around the country will see of their life in these at-risk locations. cials have the flexibility to design how this as a tremendous opportunity to It is a program we ought to support be- they educate those children. The goal once again not only take control of cause its standards for its teachers ex- at the end is the same—to meet a local education but to be empowered to ceed the definition we have for ‘‘highly standard of performance, to meet an make decisions on the way they teach qualified.’’ As a matter of fact, not educational level that is set nationally. our kids. only do their credentials make them To me, it only makes common sense It reforms teacher and principal cer- one of the best individuals to put into for us to see the ones that exceed the tifications, recertifications, licensing, a classroom, you match that with their goals we set and ask how do we import and tenure; alternative routes for passion for their students to succeed, what they do into the rest of our K–12 State certification of teachers and

VerDate Mar 15 2010 23:38 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.011 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5649 principals, including mid-career profes- level because they have gone to mul- I am not suggesting that any of these sionals from other occupations, former tiple school districts and they do areas are things school systems have to military personnel, and recent college things differently, because that is do. But I think, for once, we have laid or university graduates with records of where the administration told them out a buffet and said they can pick and academic distinction who demonstrate they had to go to get their Federal choose what works. If I could best sum- the potential to become highly effec- money. marize where I think our focus should tive teachers and principals. I am suggesting a radical change: be in Washington on K–12, it is on the There is this whole pool of people we Taking 59 programs, put them into two outcome. Are our kids learning? exclude because they didn’t go through pots, shake them up, and say: You pick Last year, about 66 percent of our Na- a traditional method of being classified what is best for the school system you tion’s high schoolers graduated on a teacher. Yet their base of knowledge, are in. time. In North Carolina, it was barely their expertise and, I suggest, their With safe and healthy student block over 70 percent graduating on time. Let passion, in many cases, exceeds those grants, the local districts could use the me assure the pages who are here and who might be in the classroom today. funds for activity and programs to young folks who might be listening to Is it reasonable to believe that a meet the purposes of safe and healthy this, there is a Federal law that says pharmacist has the institutional students and their individual needs, every company has to accept an appli- knowledge to teach chemistry? I hope which are not limited to drug and vio- cation from somebody who is looking so because we trust him every day lence prevention activities and pro- for a job. There is no Federal law that when we go into a pharmacy. If a phar- grams, before and afterschool pro- says they have to interview that appli- macist feels impassioned enough that grams, including during summer recess cant. If you are an employer today and he or she wants to go into a high school periods, and programs that extend the you have 100 applications and 98 have a and teach chemistry, what they might schoolday, week, and school year cal- high school diploma and two of them lack in the educational process of be- endar. don’t, I can assure you the two who coming a teacher they certainly have It includes school-based mental don’t have a high school diploma will in knowledge; but more important, health services. Some of these sound not be invited back for an interview. eerily familiar because we have heard they may have the passion to want to They are out of the pool of selection people in our community saying we are because that has become the base min- be in there and, more important, they not doing enough in mental health. imum for consideration of a job that have an understanding of why the suc- That may not be the issue in the com- might have any upward mobility. It cess of that student is absolutely vital. It includes performance pay systems; munity next to us. This now allows the doesn’t mean every child has to have a differential, incentive, and bonus pay flexibility for the school systems that 4-year degree. But it does mean, from a for teachers in high-need academic sub- need to access it to access it. I think standpoint of the business world, busi- jects and specialty areas and teachers every Member here wants to make sure ness has sort of cut it off and said our there are afterschool opportunities for in high-poverty schools and districts; threshold is a high school diploma. A the many families in which both the high percentage of our kids are not teacher achievement initiatives that husband and wife work. graduating from high school on time. If promote professional growth, multiple Up to this point, we said: Here is the I was on the floor talking about health career paths, and pay differentiation. program; you have to use this program. Everywhere else in the world we pay care today, we would call this an epi- Now what I am saying is: Here is the bonuses for performance. In the gov- demic and we would fix it. No, this is money; you decide what program best ernment, we pay bonuses even when education. This is somebody else’s chil- fits your school system. It may not be people don’t perform. I haven’t quite dren. I have raised mine and educated at the local rec center; it may actually figured that out. When we introduce mine. be in the school. Think about it. It is This is the future fabric of America. bonuses, it is not based upon whether already a facility we own. We are going We can either fix education or the rest somebody—an agency or a depart- to have to heat it and cool it. Why not of the world will clean our clock eco- ment—succeeded; it becomes part of utilize it other than just during the nomically in the future. The secret to their annual stipend. We have to re- meat of the education day? long-term success is making sure we visit that. Why would we institute it in It includes emergency intervention field a team of highly gifted, knowl- government and then suggest that services following traumatic crises. It edgeable Americans. If we plan to do when we import this into K–12 edu- seems every year we have these events that with a high of 60 percent of our cation, somehow it is wrong? that happen, and sometimes we forget kids with barely a high school diploma, The only reason it is wrong is be- the effect it has on these students. I I assure you the rest of the world will cause the teachers union doesn’t like it talked earlier about eastern North see that as an opportunity to surpass because they don’t negotiate. That has Carolina and the effect of Hurricane us and bury us. We have an opportunity to change. The teachers union doesn’t Irene. I have communities right now to fix it now. know our children. The truth is, the where people have not been able to re- We talked earlier about No Child only reason the majority of the teach- turn to their homes. The road is gone, Left Behind—the right direction of leg- ers actually join the union is because the power is not back on, and the only islation that was severely implemented they are the only source of liability access is by ferry. Don’t for a minute incorrectly. It could have been a real coverage, liability insurance that believe this doesn’t have an effect on a winner if people embraced it, but they teachers can get. The fact is, you and I fifth grader. Maybe school had only didn’t. Now, 9 years later, 4 years after would not teach in a classroom without been in effect about a week, but they we were supposed to assess its success, liability insurance, based upon the ac- are traumatized from it. If it is identi- make changes, and reauthorize it, we cusations and charges some families fied by a school system, now they have are in the ninth year, struggling to put come up with against teachers. Ask the flexibility to treat that, because I together a reauthorization bill—in them, if you don’t believe me. Maybe can assure you that if they are trauma- large measure because up until now ev- we ought to look at the Federal um- tized, the ability to learn is probably erybody wanted to try to create a brella and allow teachers to access li- minimized. Washington bill to initiate solutions to ability from us and maybe contract There are programs that train school elementary and secondary education with a third-party insurer and give personnel to identify warning signs of versus a local approach that Wash- them the opportunity to go into that youth suicide. I would like to suggest ington is a partner in that provides classroom and only be concerned with that doesn’t exist, but the truth is, we flexibility and imagination. educating children. I have never had know it does. In many cases, it is iden- We are going to spend a lot of time anybody from Teach for America talk tified by the people who spend the most between now and the end of the year to me about liability coverage. They time with them, which are the teach- because it is vital we get reauthoriza- only come and talk to me about the ers, coaches, and administrators. They tion in 2011. I don’t think we can let success of their students or the need to don’t have the capacity to intervene in another class of students suffer expand programs at work and about any way, shape or form. Now the flexi- through the lack of flexibility in the the need for flexibility at the local bility is at least there. school systems they live in.

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.013 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5650 CONGRESSIONAL RECORD — SENATE September 15, 2011 Senator KIRK talked about the need and leave and never come back, they portation bill, and the FAA, our Na- to expand charter school opportunities. will look for where those kids moved to tion’s aviation bill. And here is the real I am for it. I cosponsored the bill. But and make their investment there. shocker: The FAA and the Transpor- just because there has been a private If we want to keep communities tation bill, which have been merged alternative that works, let’s also face alive, whether they are in Ohio or into one bill, have come over from the the reality that we are not going to put North Carolina, we have to find a way House of Representatives, and the every child in America in a charter to make K–12 a success in every com- House relented on the numbers. They school. We might ought to, but we are munity, big and small, urban and rural, are at current levels of spending. They not. And unless we want to say up and it starts by legislation that em- are clean extensions, which we wanted, front that everybody who is not in a powers those local school systems and, but the Republicans over here will not charter school is going to suffer and more importantly, shifts account- let us get to those bills. they are not going to have the edu- ability from Washington and puts it Tomorrow, the FAA authorization to cational foundation kids over here back into the community, makes it the fix up the airports, rebuild the air- have, then we better do both at the responsibility of the officials, the busi- ports, expires. So there will be no fee same time—provide that new avenue of ness leaders, and, most important, the as of tomorrow, and we have to stop, education, which is an expansion of parents. midstream, our airport improvements charter school opportunities; challenge Mr. President, I thank the Chair for that are going on. It is called the air- the private sector, like KIPP stepped accommodating me this morning. I no- port improvement fund. They already up; and design a school that works and ticed the other speaker didn’t come in, shut that down once. I went around my at the same time look at the public so I am thrilled I was given the extra State and saw safety projects stopped side of it and say: What do we need to time. midstream. Now they are doing it do as a country? I urge my colleagues over the months again right over here—the Republicans I would suggest, when we honestly to come to pay attention to the K–12 right over here—holding up the FAA look at that and we focus on outcome reauthorization. There are many pro- bill again. It means 70,000 jobs lost on versus input, what we will find is we posals out there. Not all will work, and Friday night. have to empower more of the local we are not assured any are certain to They are holding up the highway bill, community. We have to challenge busi- succeed. But if you look for guidance, the Transportation bill, which—I am so ness leaders in that community to hold talk to the people who are closest to proud—in our committee, we got the the school system accountable. We the problem. What they are screaming extension. Everybody agreed to it, Re- have to challenge parents to actually for today is the flexibility to put the publicans and Democrats, in the com- look at the performance of their chil- money where it can have the greatest mittee. Republicans are holding it up dren and to hold those principals and effect on the outcome of education, and now on this floor. It is a clean exten- administrators and teachers account- that is this legislation. sion. It is 1.8 million jobs, everybody. able for the performance of their kids. I thank the Chair. I yield the floor, There are 1.8 million jobs relying on We have to make sure a community and I suggest the absence of a quorum. that extension. It has come over here sees the success of education as the The PRESIDING OFFICER. The from the House. Take it up and pass it. ability for that community to grow in clerk will call the roll. Oh, no. Oh, no. There they go again, the future. The assistant legislative clerk pro- stopping progress in this country. When you go into a community, the ceeded to call the roll. I will tell you why I am so particu- worst thing you can hear, as a Member Mrs. BOXER. Mr. President, I ask larly frustrated. It has to do with the of Congress, is that when the kids grad- unanimous consent that the order for rebuilding that is going on and that uate from high school, they never re- the quorum call be rescinded. has gone on in Iraq and Afghanistan The PRESIDING OFFICER. Without turn. They never return because the with American dollars. Not one Repub- objection, it is so ordered. business opportunities aren’t there. lican ever objected. Let me show you Mrs. BOXER. Mr. President, I ask the pictures. Let me show you the pic- Usually that is rooted in the fact that unanimous consent to speak as in K–12 in that community doesn’t work tures. morning business for up to 20 minutes. This is a picture of a new water because wherever you have an educated The PRESIDING OFFICER. Without treatment plant that has been built in workforce, you have a company look- objection, it is so ordered. Nassiriya, Iraq, at a cost of 277 million ing to make investments. American dollars. Not one Republican I have heard my colleagues say that f said: Stop this. Not one Republican North Carolina has unfair advantages LEGISLATION ON HOLD said: Pay for it by cutting some other in economic development; that we have Mrs. BOXER. Mr. President, I come program. What is going on? 58 community colleges, and that gives to the floor frustrated, angry, and dis- Let me show you the picture of a us something to sell that everybody turbed that our Republican colleagues water treatment plant near the border else doesn’t have; that we have the are holding up three crucial bills. And of Mexico in my State of California. It mountains and the beach, and that is America needs to hear this. They are is old. I visited this treatment plant. It not something everybody has. It is all stopping us from completing our work got hurt in an earthquake, and a good thing to sell, but let me tell you on our emergency FEMA bill, which FEMA—the bill they are holding up— what North Carolina really has. Let me contains the monies needed throughout will pay to finish this water treatment tell you why companies around the this country to rebuild and repair plant, which has to be fixed before an- world are investing in North Carolina. storm damage, a lot of it infrastruc- other earthquake hits us. And we know It is because we produce the second ture—sewer plants, waterplants, roads, that is what is happening. largest pool of graduates of higher edu- bridges, and highways. So they were fine with building a cation annually than any State in the We see pictures of what is happening water treatment plant in Iraq—not a country other than California. When a in places such as Vermont, where, as complaint, not a murmur, not a word, company invests $1 billion in North Senator LEAHY told us yesterday, a not an amendment—but we have to fix Carolina, they know every year they woman he talked to has to drive 1- our water treatment plants here with can reach into the graduate pool and hour-plus for her chemotherapy be- the FEMA bill, and they are holding up have a shot at getting the cream of the cause the road is gone, and it used to the bill, and everybody knows that be- crop of those students. Why would it be take her 5 minutes. We need to fix that cause we could have taken care of that any different for a company looking at road. We need to fix the roads, the yesterday. So that is an example. locating in any community? If they bridges, the highways, the sewer sys- Here is another example. This is a look at a community that has a pitiful tems, the water systems, the schools picture of road construction in—and I performance in K–12, why would they that get harmed in these natural disas- want to say this right—Kapisa Prov- ever think of making the investment ters, and the Republicans are holding ince, Afghanistan. Everyone is very there? They will make the investment up the bill to let us do that. proud that America has built a road where the future workforce is avail- We have holds—more than one—on there. We have spent a lot of tax dol- able. If they believe the kids graduate the highway bill, known as the Trans- lars in Afghanistan and Iraq. I am

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.014 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5651 happy for the people there that they down in the middle. The workers had Bike paths and pedestrian walkways have a road, and, God, we pray that no- to leave. They lost money, the con- are important. Fifty percent of trips body blows it up. But I have to tell tractor did. The workers—some of are 3 miles or less, 12 percent of all you, if you are going to build roads in them went off to other jobs, and they trips are made by bicycling and walk- Afghanistan, you had better build had to hire new workers. I stood in ing, and bicycle commuting has in- roads here in America or the American front of this tower. I stood in front of creased by more than 40 percent be- people are going to rise up and say: the tower in Oakland. I went to Los tween 2000 and 2008. Who are you fighting for? Angeles and saw the work stoppages So why on Earth does he want to I have never heard one Republican that occurred on the new Tom Bradley hold up this critical bill and the FAA say: Oh, they are building a road in Af- terminal because the Republicans shut bill—because they are married to- ghanistan. That is an earmark. That is us down. gether—to say he is for safety when he an earmark. Let’s stop it. That is a Now, today, we come back. We all wants to eliminate this whole program, problem. Let’s stop it. We are spending think we have a new attitude around which is dedicated to safety for our pe- X number of dollars. Let’s cut another this place, but we are shut down again. destrians and our bicyclists, 47,000 of program. Never a word. But now we And we have 24 hours to get this FAA whom perished because we don’t have have our highway bill right now com- bill done or 70,000 workers will be out these safety enhancements in place? ing over from the House. They changed again. And we have until September 30 All Americans benefit from the pro- their mind over there. They did not cut to pass the Transportation bill or 1.8 gram he wants to eliminate. it. It is current levels of funding. It is million workers will be out of work. We strengthen local economies, we a good bill. It will last for 6 months’ Now, we have heard complaints from improve the quality of life, we protect funding. It will preserve 1.8 million the other side as to why they are hold- the environment, and he is willing jobs. And the Republicans are holding ing it up, so let me give you some of still—because that is what he is doing it up right now. that argument. by holding this up—to risk shutting Why do you think this Chamber is One of our Senators from Oklahoma, down our Nation’s entire surface trans- empty? Why do you think I am here Senator COBURN, says he wants to hold portation system as well as critical letting off steam? Because we are not up the Transportation bill, which in- FAA programs and more than 1 million voting. Let us vote. If you don’t like cludes Transportation and FAA, be- jobs because he doesn’t like this pro- the highway bill, vote against it. If you cause he doesn’t like one part of the gram. don’t like it, that is fine, vote against program. Two percent of the funds go Well, do you know something, every it. Let us vote. Ninety people will vote to things he doesn’t like. Well, he has one of us here has a pretty big ego. You for it, probably. Let us vote. every right to that opinion and every get here and, yeah, it is important. Set So here you have a picture of the ex- right to work with us on an amend- it aside. You don’t like something? citement around a new road. Let’s take ment and get it done, but he is holding Offer an amendment. Don’t hold up all a look at another picture of a road in it up. We could have had that amend- of these bills. It is wrong because if we my home State. ment yesterday. do what they did—shut down the In January and February of 2010, He doesn’t like the transportation FAA—it makes a rough economy California was hit by terrible winter enhancements program. For the record, rougher, and it stalls us from doing the storms and flooding and mudslides. there are a number of things in that work we have to do. No one stalled the This picture shows a road that was portion—which is a relatively small airport improvements in Iraq. No one blocked after these storms. These amount of the bill, 2 percent of the stalled over there, on the Republican storms hit us in many counties: Impe- bill—and we are reforming that section side, the road improvements in Iraq. rial, Los Angeles, Riverside, Calavaras, next year when we get to the new bill, No one stopped improvements in Af- San Bernardino, Siskiyou—all of these but he is holding it up. Now, he is ghanistan. No one stopped water sys- counties declared emergencies. They wrong to hold it up because of what I tem improvements in the war zones. are all waiting for the funds to rebuild told you. He is putting at risk all of But somehow, when it comes to Amer- a road that looks like this. It is impas- these safety improvements at our air- ica, well, we had better cut this and sible, shutting people down—a lot like ports, he is putting at risk 1.8 million cut that and offset this and offset that. the roads in Vermont now and other jobs on the Transportation bill, and he We have a budget. We are going to places. is putting at risk 70,000 jobs at FAA be- live by it. We have an emergency. If we They are holding up the FEMA bill, cause he doesn’t like this program. look at the explanation in Webster’s they are holding up the highway bill, He also misled people. He said we dictionary of an emergency—here it is, they are holding up the Federal Avia- spend 10 percent of our transportation an emergency: tion bill, and it is wrong. I have never money on this transportation enhance- No. 1, an unforeseen combination of cir- heard them say: Strike that road we ments program. We do not. We spend 2 cumstances or the resulting state that calls are building in Afghanistan; it is an percent. Ten percent is not 2 percent. for immediate action earmark. But they are holding up, they He went on to say that safety should Webster’s dictionary has it right. are holding up the three bills we need be a top priority. And we agree. But he This ought to be put on the desk of to do. doesn’t understand what the transpor- every one of my Republican colleagues. So now I am going to show you an- tation enhancements program is. It is Another definition: other program. This is a brandnew air about safety. It is about safety. The No. 2, an urgent need for assistance or re- traffic control tower being built in transportation enhancements program lief. Mosul, Iraq, at a cost of $10 million. is mainly about saving lives by pre- When there is an emergency, one You can see it is almost ready. The venting bicycle-and-pedestrian fatali- steps to the plate and solves the prob- scaffolding is on it. It has been built. I ties. That is what it does. It says to the lem. Just ask Senator LANDRIEU, who never heard one Republican say: Oh, States: We have a pot of money here. If has been leading the battle on this wait a minute, let’s strike some other you want it, you need to make sure you FEMA bill. We cannot tell people out money somewhere else to pay for this make safety improvements for pedes- there that they only have 30 days’ of air traffic control tower. I never heard trians and bicyclists. funding because they have to enter one Republican object to building this Pedestrians and bicyclists account into a contract. It may take 3 or 4 air traffic control tower in Iraq—not a for 13 percent of traffic fatalities na- months to rebuild a bridge. It may word—but when it comes to our air tionwide, with more than 47,000 pedes- take 6 or 7 months to rebuild a water traffic control towers, you hear plenty. trians killed in the 9-year period 2000 treatment system. But that is the way They stopped us from moving ahead to 2009. That is the equivalent of a they approach it over there—when it with the FAA reauthorization before jumbo jet crashing every month. So comes to America. we left for the summer break. It re- the safety enhancements supported by When it comes to funding wars and sulted in 70,000 people being laid off. the program Senator COBURN wants to rebuilding the war zones, I don’t hear a And here is one of my towers in Palm eliminate are needed to prevent these peep out of them, not a peep. I say it is Springs, stopped in the middle, shut deaths. time for America. We have a choice.

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.015 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5652 CONGRESSIONAL RECORD — SENATE September 15, 2011 We can stand up for America right and you feel they are a part owner. You So we have those three bills. FAA now, today. We can pass these three can discuss it later. Get out the garden and highway have been merged, and bills. hose, put out the fire, and everybody is then we have the FEMA bill. We are The FEMA bill gives our Governors going to be OK. sitting around not voting. Everybody, and our people in the States the assur- Playing games with these things is look at this Chamber. No one is here. ances that FEMA will team up with not right. It is beneath the dignity of No voting is taking place because we them and do what it takes to rebuild the people of America who think we are the subject of a filibuster, which after these horrifying emergencies— are a bunch—let me rephrase that— means a big stall. which, by the way, are becoming more who do not rate us very highly. That is Again, I ask my friends on the other and more frequent because of climate an understatement too. How much side: Where was your outrage when we change. But that is another matter for lower can you go than 13 percent? were building roads and highways and another day. That is another battle for I would say this: If we cannot do bridges and airports in Iraq and Af- another day. these bills we do not deserve to be 13 ghanistan? Unfortunately, in this body science percent popular. We do not. We have Where was your outrage about the takes a back seat to politics and the certain basic responsibilities, and I am money? special interests that want to say: Oh, sick and tired of paying for roads and Where was your outrage about cut- climate change; no big deal. We need to bridges and embassies and buildings ting something else to pay for that? protect our turf. That is what they say. and everything else in Iraq and Afghan- Where was your outrage? And we have done nothing. istan. We have given those people our I tell you I never saw it. I never felt The President has done what he can, finest. They have bled, they are still it. I never heard it. It is, in a way, and bless him for it—fuel economy, all bleeding, and they have to take respon- humiliating for the American people these things. But it gets worse and sibility for their own nation. We have that somehow they are just not as im- worse. We have done nothing. I have to take responsibility now for our Na- portant. four grandkids, and I am so hoping in tion. I am here to tell them they are im- the rest of the time I have to be in this Time is short. If the Senate does not portant. Their jobs are important. body and on this Earth that I can get pass that highway bill, 1.8 million Their work is important. America, as us moving on this climate change. But, highway and transit jobs are at risk. If an economic leader, is important. So I oh, no. So I guess we sit back while we the Senate does not pass the FAA bill will be back on the floor to debate any see more and more extreme weather by tomorrow, 70,000 jobs are at stake. one of my colleagues on the other side emergencies, while we see extreme We saw what happened. I visited the who disagree with anything I said—and weather emergencies. airports. It was tragic to see people that is fine. If the other side doesn’t want to do saying: I had no job—because these are They may disagree. They may defend anything about the cause of it, fine. all private sector jobs mostly. There why they allowed projects to go That is their choice. They have to live are some government jobs. For exam- through abroad but not here. They may with themselves. They can at least ple, the FAA inspectors—some of whom say why they want to cut safety pro- help us adapt to these problems, and paid on their own dime to fly across grams from the highway bill that will that means paying to fix our roads, the country and inspect some of the save lives. By the way, that transpor- bridges, highways, our water systems, projects. God bless them, and we better tation enhancements program they our sewer systems, all these things pay them for what we did. want to do away with was a bipartisan that get exposed to these weather My understanding is this bill does idea that came from Republican John emergencies. not do that, but Congressman MICA Chafee and Democrat Daniel Patrick Do you know 70 percent of our claims he is going to take care of that. Moynihan in 1991. That sounds like 20 bridges are deficient? I thank my rank- But we are about to do it again over years to me. Twenty years we have had ing member on the Environment and here if Republicans do not come to that program. Public Works Committee, Senator their senses. Can we look at it? Can we reform it? INHOFE. He and I don’t see eye to eye In summing up, this is a day for us to Can we make it work better? Of course. on the environment. That is an under- make a clear point that America has to But don’t just stand here. statement. But when it comes to the start taking care of its people. We all By the way, one of our Republican infrastructure, we agree. He talks read the papers. We know what is hap- friends said just cut it, and we do not about the tragic death of a young pening to the middle class. We know even need a vote. Just take it without woman who was walking and a bridge what is happening to the poor. We a vote. literally fell apart. It fell and killed know what is happening to our roads. No. If we are going to vote on that, her. We know what is happening to our we are going to fight about it and have This is America. Seventy percent of bridges. We know our airport system is a vote. But let’s have a vote. Every our bridges are deficient, and we have from the last century. We have to have minute this Chamber sits idle, let me colleagues holding up this bill? I say NextGen. We need to move to a GPS tell you what happens outside in the shame on them. Shame on them for system, away from a radar system. real world. This is the fake world out doing that. It is outrageous. We finally They say: No, no, no. there. In the real world people are call- got the House to come to us, to come The message has to go out to the ing one another: What are they doing to our number to freeze spending. I American people. They blame every- over there? We have a chance to get thank them for that. They came to body, and I don’t blame them. But these bills done fast. What are they their senses. They realized we need to right now it is clear: The Democrats in doing? build our highways. We need to main- the Senate want to pass three bills Finally, we get a bill that comes over tain our airports. They sent us a bill right now. They are all very important. from the House that is bipartisan that that is good. One of them is the emergency FEMA is a freeze, that has everything intact, On FEMA, they are not so good. On bill to pay for these terrible disasters that sends a message we can move for- FEMA, they are doing a bad thing over that have been hitting us. Those are ward with FAA for 4 months, 6 months there. They are trying to cut programs emergencies, and we need to go ahead on the highway bill, and we cannot get that create jobs to pay for these emer- and respond. it done. gencies. That is a whole other deal. But No. 2, a highway bill to fix our defi- I urge my Republican friends to today we have a bill for FEMA that cient bridges, to fix our highways and change their minds and change their would do the job. our roads that are 50 percent deficient. tune and stand up for America. Let’s I said in my last talk about FEMA In other words, half of them are not up get on with the business of taking care and the emergencies that we face: If to standard. We are living off our of this country: its highways, its your neighbor’s house is on fire, don’t grandparents’ investments at this bridges, its roads, its airports, its waste time and fight about the cost of point. We have to invest in our infra- emergencies. If they do that maybe we the garden hose. You will get that structure and all the jobs that come will see the American people have a lit- later. Your garden hose helps them, with it. tle more faith in us because right now

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.017 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5653 they have lost faith. And I don’t blame The President was in Columbus 2 Mr. REID. Mr. President, I ask unan- them one bit. days ago talking at Fort Hayes High imous consent that the order for the Mr. President, I yield the floor. School about school construction and quorum call be rescinded. I suggest the absence of a quorum. how important that is. I was talking to The PRESIDING OFFICER. Without The PRESIDING OFFICER. The the school principal, who used to work objection, it is so ordered. clerk will call the roll. in Maineville, and he told me how sev- f The bill clerk proceeded to call the eral years ago his school building was roll. old and decrepit and needed fixing. He CONCLUSION OF MORNING Mr. BROWN of Ohio. I ask unanimous also said the test scores were not very BUSINESS consent that the order for the quorum good for these students. He said after The PRESIDING OFFICER. Morning they built a new school building and call be rescinded and to speak as if in business is closed. morning business for up to 10 minutes. put these students in a place that they The PRESIDING OFFICER. Without could learn better, it sent a message to f objection, it is so ordered. these students that, yes, we care about APPROVING THE RENEWAL OF IM- f education. He said the test scores went PORT RESTRICTIONS CONTAINED up markedly. I said, because of the new ECONOMIC DEVELOPMENT IN THE BURMESE FREEDOM AND building? He said, yes. Uncategorically, DEMOCRACY ACT OF 2003 Mr. BROWN of Ohio. I was listening he said yes. to the Senator from California describe We tell our young people in this The PRESIDING OFFICER. Under how the American taxpayers pay for all country that education is most impor- the previous order, the Senate will re- kinds of public facilities from utilities tant, and then we send them to schools sume consideration of H.J. Res. 66, to schools to water systems to energy that don’t look good. I wonder what which the clerk will report. production in other countries around students think when we put this pre- The legislative clerk read as follows: the world, and according to Senator mium on education, but then we don’t A joint resolution (H.J. Res. 66) approving BOXER there is never objection to that act on it. He and the other principals the renewal of import restrictions contained from the other side of the aisle. But talked about leaking roofs and mold on in the Burmese Freedom and Democracy Act when the President of the United the walls. They talked about dark and of 2003. States wants to do that same kind of dank hallways in auditoriums. They Pending: construction in the United States of talked about the lack of technology. Reid amendment No. 602, to provide addi- America, there seems to be objection. I What the President is trying to do— tional appropriations for disaster relief in was taken by that, one, because it is and what Senator BOXER was talking fiscal years 2011 and 2012. true; second, because it is pretty unbe- about, more with aviation and high- Reid amendment No. 603 (to amendment lievable that when the President de- ways, but schools also—when he talks No. 602), to change the enactment date. Reid amendment No. 604 (to amendment cides that working with the Congress— about investing in school renovation, one, it means jobs immediately for car- No. 603), of a perfecting nature. causing the Congress to pass legisla- Reid amendment No. 605 (to the language tion so we can build schools and ren- penters and electricians and plumbers proposed to be stricken by amendment No. ovate schools in Michigan or California and laborers and all kinds of people. It 602), of a perfecting nature. or Cleveland or Toledo—that some con- also means jobs immediately for the Reid amendment No. 606 (to amendment servative Members of Congress in both people producing the steel, the manu- No. 605), of a perfecting nature. Houses say, well, we can’t do that even facturers, the cement, and the insula- Reid motion to commit the joint resolu- though we want to pay for it by closing tion. The biggest insulation plant in tion to the Committee on Finance with in- the United States of America is in structions, Reid amendment No. 607, to the Wall Street tax loopholes, by tak- change the enactment date. ing away oil company subsidies, by Newark, OH. It creates jobs right now but it also means better schools for our Reid amendment No. 608 (to (the instruc- closing the tax incentives that are in tions) amendment No. 607), of a perfecting Federal law now that encourage com- kids, and it means long-range eco- nature. panies to leave Hamtramck or leave nomic growth, long-range prosperity, Reid amendment No. 609 (to amendment Youngstown and go to Wuhan or and a better environment for us as a No. 608), of a perfecting nature. Shanghai. country. The PRESIDING OFFICER. The ma- I was on a conference call yesterday What troubles me so much, as Sen- jority leader. ator BOXER said, is we are putting with some school principals in Ohio, a Mr. REID. Mr. President, I ask unan- money into schools and water facilities principal from Zanesville, a moderate- imous consent that the motion to com- in Iraq and Afghanistan—and I am sized community in eastern Ohio, who mit and the pending amendments, with okay with that if it serves our national had been a principal in a nearby rural the exception of the Reid substitute interest. I am not okay when there are school district some years before, who amendment No. 602, be withdrawn, and no objections to that from conservative was talking to me about how impor- the following amendments be the only politicians, but they object to doing tant school renovation is. The average amendments in order to the Reid sub- that at home with schools in Chil- school building in the United States is stitute amendment No. 602: Coburn licothe and Mansfield and Springfield 40 years old. We would put so much ef- amendment No. 610 and Paul amend- and Lima and Youngstown and Akron. fort in infrastructure in the 1940s, It is so important to move forward on ment No. 613; that the time until 4 p.m. 1950s, 1960s, and 1970s, from Dwight Ei- the school construction and jobs bill. be equally divided and controlled be- senhower with the interstate system to Mr. President, $1 billion in investment tween the two leaders or their des- school superintendents and local tax- in school construction and renovation ignees—and this will be for debate on payers building schools and new water creates about 10,000 jobs. Those 10,000 the amendments and the joint resolu- and sewer systems—including all the jobs are mostly middle-class jobs in tion—with 30 minutes for Senator infrastructure we built in this country manufacturing and the trades actually COBURN and 15 minutes for Senator after World War II—in a bipartisan way doing the construction and the build- PAUL—and this 15 minutes will come to help our country grow. We put peo- ing. It makes so much sense, and I am from the Republican leader’s time—and ple to work doing the construction. We hopeful as the President goes around at 4 p.m. the Senate proceed to vote on put people to work doing the manufac- the country explaining it—he was in the amendments in the following order: turing for materials used in the con- Columbus 2 days ago—that my col- Coburn amendment No. 610, Paul struction, and putting people to work leagues on the other side of the aisle amendment No. 613, and, finally, the because we built this infrastructure decide, yes, maybe we ought to actu- Reid substitute amendment No. 602, as that the Kroger Company in Cincinnati ally focus on jobs and do the right amended, if amended; that there be no needs to move its produce and other thing. amendments, points of order, or mo- things for their stores all over the Mid- I yield the floor and suggest the ab- tions in order prior to the votes other west. It is the kind of infrastructure sence of a quorum. than budget points of order and the ap- rebuilding that helps us with economic The Presiding Officer (Mr. LEVIN). plicable motions to waive; that the development. The clerk will call the roll. amendments not be subject to division;

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.017 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5654 CONGRESSIONAL RECORD — SENATE September 15, 2011 that all of the amendments be subject the March 2011 Government Accountability intertwined medical records ulti- to an affirmative 60-vote threshold; Office report to Congress, entitled ‘‘Opportu- mately. We do not need to set up two that the motions to reconsider be con- nities to Reduce Potential Duplication in different programs. By doing that, we sidered made and laid upon the table; Government Programs, Save Tax Dollars, and Enhance Revenue’’ (GAO–11–318SP) and could save a couple of billion dollars, and, finally, if the Reid substitute apply the savings towards deficit reduction; just by having one program for both amendment, as amended, if amended, (2) identify and report to Congress any leg- VA and DOD. achieves 60 votes, the joint resolution, islative changes required to further elimi- We have multiple contracts, accord- as amended, be passed; if the Reid sub- nate, consolidate, or streamline Government ing to the GAO, in terms of inter- stitute does not achieve 60 affirmative programs and agencies with duplicative and agency and areawide contracts that ac- votes, the cloture motions be with- overlapping missions identified in the March tually increase our procurement costs, drawn and the joint resolution be 2011 Government Accountability Office re- where we could consolidate those and placed back on the calendar. port to Congress, entitled ‘‘Opportunities to The PRESIDING OFFICER. Is there Reduce Potential Duplication in Govern- have one contract and actually save objection? ment Programs, Save Tax Dollars, and En- money. But we have not done that. Without objection, it is so ordered. hance Revenue’’ (GAO–11–318SP); That is something that can be done by Mr. REID. Mr. President, I suggest (3) determine the total cost savings that the OMB at our direction. shall result to each agency, office, and de- the absence of a quorum. partment from the actions described in para- The other area which is extremely in- The PRESIDING OFFICER. The graph (1); and teresting—and the President has al- clerk will call the roll. (4) rescind from the appropriate accounts ready agreed to this. They are already The legislative clerk proceeded to the amount greater of— starting to do it. But we could do it call the roll. (A) $7,000,000,000; or much faster and save a significant Mr. REID. Mr. President, I ask unan- (B) the total amount of cost savings esti- amount of money. We could save $150 imous consent that the order for the mated by paragraph (3). billion to $200 billion over the next 10 quorum call be rescinded. Mr. COBURN. Mr. President, the bill years just by consolidating data cen- The PRESIDING OFFICER. Without we have before us today is a bill to ters. We initially had some 500 of those. objection, it is so ordered. fund emergency relief through FEMA I think we are up to around 2,000. We Mr. REID. Mr. President, I am going for a lot of the emergency disasters our had 434 in 1998 and 2,000 Federal data to suggest the absence of a quorum, country has experienced over the past 6 but in doing so, I ask unanimous con- months. centers in 2010. What everybody knows sent that the time run equally for both I don’t think there is a large dis- is we could cut that by about half, not the Democrats and the Republicans. agreement that we ought to take care have any change in the effectiveness, The PRESIDING OFFICER. Without of the areas that are the Federal re- and save about $150 billion over the objection, it is so ordered. sponsibility in the respective States for next 10 years. Mr. REID. I suggest the absence of a the extreme weather as well as fire-re- This amendment identifies the areas quorum. lated tragedies that have been experi- The PRESIDING OFFICER (Mr. listed in the GAO report and instructs enced by a multitude of States. How- the OMB to find those that are most COONS). The clerk will call the roll. The legislative clerk proceeded to ever, the question is, given where we likely to be achievable to come to $7 call the roll. stand as a country, do we just borrow billion. We have agreed to do this in The PRESIDING OFFICER (Mr. the money to do that and add it to the the past on a previous bill when Sen- BLUMENTHAL). The Senator from Okla- debt or is the government running so ator WARNER and I offered this amend- homa. efficiently that we can’t cut something ment jointly to pay for the spending. else and make a choice about how we Mr. COBURN. Mr. President, I ask I can go on with a lot of other areas pay for it? The bill as brought forward unanimous consent that the order for in terms of wasteful spending. I will has no pay-for at all. In other words, the quorum call be rescinded. not. But I make this one plea: In Au- The PRESIDING OFFICER. Without the assumption is that if we pass this bill, we will go and borrow approxi- gust we left after passing a debt limit objection, it is so ordered. increase, the largest debt limit in- AMENDMENT NO. 610 TO AMENDMENT NO. 602 mately $7 billion more in the international markets. crease we have ever incurred in seg- Mr. COBURN. I ask that amendment ments, and said we were going to start No. 610 be considered as pending, What I would put forward is that we living within our means. We have cre- brought up, and read. know we have plenty of areas we can The PRESIDING OFFICER. Without cut now that are not effective, not effi- ated a supercommittee to find $1.5 tril- objection, it is so ordered. cient, that are wasteful, that are dupli- lion over the next 10 years in savings. The clerk will report. cative, and we would not have to bor- While they are doing that, if we decide The assistant bill clerk read as fol- row that additional money. The easiest to pass an emergency supplemental bill lows: thing in the world is to spend some- for FEMA and do not pay for it, we are The Senator from Oklahoma [Mr. COBURN] body else’s money. And what we are going to be working in exactly the op- proposes an amendment numbered 610 to doing with this bill by not paying for it posite direction of what we said we amendment No. 602. is actually asking our grandchildren to needed to do. Mr. COBURN. I ask unanimous con- pay for an obligation we have today. The facts are, we are almost schizo- sent that further reading of the amend- The amendment I have asked to be phrenic. We say we need to cut spend- ment be dispensed with. called up is nearly identical to an ing. Yet we are going to spend $7 bil- The PRESIDING OFFICER. Without amendment this body passed by a vote lion more. Yet we do not want to find objection, it is so ordered. of 64 to 36 in April of this year. some spending to cut to pay for it; we The amendment is as follows: The Government Accountability Of- just want to borrow it. You can under- (Purpose: To save at least $7,000,000,000 by fice brought forth a report on duplica- stand why very few Americans have consolidating some duplicative and over- tion that showed hundreds of millions confidence in us. On the one hand we lapping Government programs) of dollars in wasteful duplication. This are addressing the problem, and on the At the appropriate place, insert the fol- is not the only area we could go, but other hand we are ignoring the prob- lowing: this is an area we have already agreed SEC. ll. CONSOLIDATING UNNECESSARY DUPLI- lem. CATIVE AND OVERLAPPING GOV- as a body is an effective way to pay and ERNMENT PROGRAMS. save money. We could easily find $7 bil- I think it would behoove the con- Notwithstanding any other provision of lion by eliminating multiple programs fidence level in this institution if, in law, not later than 150 days after the date of that accomplish the same thing. Let fact, we tried to pay and found the enactment of this Act, the Director of the me give some examples of what the courage and the willpower to say if we Office of Management and Budget shall co- GAO showed. are going to spend additional money, ordinate with the heads of the relevant de- we are going to create priorities, and partment and agencies to— The Department of Defense and the (1) use available administrative authority VA are both creating new medical we are actually going to eliminate to eliminate, consolidate, or streamline Gov- record systems as we speak, both pay- spending somewhere else to be able to ernment programs and agencies with dupli- ing for independent contractors doing pay for this, to be able to do this more cative and overlapping missions identified in the same thing. They are going to have important thing.

VerDate Mar 15 2010 02:49 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.019 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5655 I have trouble understanding, even Mr. PAUL. Mr. President, this is an metropolitan area such as Louisville, when I talk to our colleagues privately, amendment to pay for the emergency KY, has one-third of it’s bridge capac- why we would not do this; why we funds. I think for too long in this body ity closed because the bridge is dan- would not pay for this $7 billion by re- we have just simply added on funds, gerous to travel on, these are emer- ducing wasteful spending elsewhere. often for good causes, but we keep gency problems. As we go to the vote at 4 o’clock, the spending money we do not have. I It also buys into what I am talking question that people ask is, Why was it think the mark of a good legislator is about with foreign aid. We cannot send OK to cut the spending from these de- making priorities. If we choose to welfare to other countries that we do partments back in April, but it is not spend some money on an emergency, not have. We are not sending them OK to cut the spending now? Sixty-four we should take the money from some- money that is from our savings. We are of our colleagues voted to cut this where else in the budget. sending money that we are borrowing spending in April. I know several are In this amendment we have proposed from China or that we are printing. opposed to paying for this, but we are to take the money from foreign aid. There are ramifications to this debt. in a new day. We live in a new world. When the American people are asked if We are borrowing money at $40,000 a The Oklahoma Chamber of Com- they think we should be sending wel- second. There are ramifications to this merce was here this week. The title of fare to other countries or building borrowing. It has a face. It is just not their meeting was ‘‘New Realities.’’ bridges in other countries when our an empty number. The new reality is that we are going to bridges are falling down in this coun- When we say our national debt is $14 run to the end of the time at which we try, 77 percent of them think we should trillion or that we are adding $1.5 tril- can borrow money or afford to pay the not be sending money overseas when lion to the debt every year, there are interest rate on the money that we can we have problems at home. This ramifications to that, and there is a borrow, and the discipline we need is to amendment would take unspent foreign face. The face is unemployment. The live within our means. aid money from this year and apply it face is people losing jobs. We see it in This is one step that will be the right toward the disaster funding. It would the grocery store with our prices ris- thing to do for future generations. It is also take some unspent money from ing. The debt has ramifications. the right thing to do to build con- the State Department. In Europe, we are seeing the end fidence in our institution, and it is the I think it is responsible budgeting. It stages of this in some cases. We are right thing to do to eliminate waste is essentially taking money from an- seeing chaos and rioting in the streets. and duplication in the Federal Govern- other area, spending it, and not adding We had rioting in London recently. We ment. to our debt. There are repercussions to had rioting in Greece, Portugal, Spain. I yield the floor, suggest the absence the debt we have. I tell people the debt All of these countries are tumbling of a quorum, and make a point I will has a face. Every time we drive to the under a burden of debt, and it has been talk again on this prior to the vote. store our gas prices are rising or our predicted that this is coming to the The PRESIDING OFFICER. The food prices are rising. The reason our United States. It is coming soon. It is clerk will call the roll. prices are rising is because we have to a contagion of debt that is sweeping The assistant legislative clerk pro- pay for the debt by printing new the world, and it is all pyramided upon ceeded to call the roll. money. As we print new money at the the U.S. dollar. Mr. PAUL. Mr. President, I ask unan- Federal Reserve to pay for our debt, we Once upon a time, banks in Europe imous consent the order for the diminish the value of the dollar so our held gold as their reserve. They now quorum call be rescinded. gas prices rise and our food prices rise. hold the dollar as reserve. When the The PRESIDING OFFICER. Without Also, economists have said up to 1 dollar tumbles or when we have trouble objection, it is so ordered. million jobs a year are being lost to paying for our debt, there will be mas- AMENDMENT NO. 613 pay for our debt. What I ask for is, as sive worldwide problems. We are in the Mr. PAUL. Mr. President, I ask unan- we pay for these natural disasters we middle of the worst recession since the imous consent to call up amendment take the money from elsewhere in our Great Depression, and there are no No. 613. budget. signs that any of the policies coming The PRESIDING OFFICER. The I also rise in support of the plea of from the White House are working. In clerk will report. Senator COBURN not to target the fact, the first stimulus package did not The bill clerk read as follows: transportation funds. Right now we are work. Two million more people are out The Senator from Kentucky [Mr. PAUL] asking that highway funds, 10 percent of work since the President came into proposes an amendment numbered 613 to of them, go to beautification projects— office. The price of gasoline has dou- amendment No. 602. turtle tunnels, movie theaters. In our bled. Our debt has been downgraded. Mr. PAUL. I ask unanimous consent State of Kentucky, we have a bridge We are set to accumulate, under this the reading of the amendment be dis- that was closed this week, the Sher- administration, more debt than all 43 pensed with. man Minton Bridge. Of three bridges in previous Presidents combined. It is not The PRESIDING OFFICER. Without Louisville, one of them is closed. Traf- working. objection, it is so ordered. fic is stacked up for hours and you are Recently, the President came over to The amendment is as follows: telling me we need to have turtle tun- a joint session of Congress and pre- (Purpose: To offset the disaster relief appro- nels? Something is seriously wrong sented to us the ‘‘son of stimulus’’—the priations by rescinding amounts for for- with government when we are forcing son of a stimulus that did not work in eign assistance programs) State governments to spend 10 percent the first place. He said we are just On page 12, between lines 11 and 12, insert of their transportation money on tur- going to tax those rich people. the following: tle tunnels, white squirrel parks, and Rich people hire poor people. Most of TITLE VI movie theaters. us have jobs because rich people hired OFFSET Another bridge is needed in the us. They are talking about adding $400 northern part of our State, Brent billion in new taxes on those who make SEC. 601. (a) All unobligated balances made available to the United States Agency for Spense Bridge, where debris from the $200,000 a year or more. International Development for foreign as- bridge is falling. Four years ago we had You say the rich ought to pay their sistance programs for fiscal year 2011 are re- a bridge in Minneapolis that fell into fair share. The rich are paying for the scinded. the river and killed 13 people. We, as a income tax—47 percent of Americans (b) There is rescinded on a pro rata base nation, need to set our priorities, but I pay no income tax. So half of Ameri- from the unobligated balances made avail- think it is incorrect and a real problem cans are already paying for all of the able to the Department of State for fiscal that we are telling people they have to income tax. The Bush tax cuts actually 2011 an amount equal to the difference ob- made the Tax Code more progressive tained by subtracting— take 10 percent of the transportation (1) the amount rescinded under subsection funds and put them into bike paths. because they dropped off more people (a); from I am a bicyclist and I like bike paths from the lower end. If we look at those (2) the amount appropriated under this di- as much as anybody. But when bridges who make more than $200,000 a year, it vision. are falling into a river and a major is 3 percent of the public. They earn 30

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.024 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5656 CONGRESSIONAL RECORD — SENATE September 15, 2011 percent of the income and pay 50 per- The PRESIDING OFFICER. The Sen- related to the bill be printed in the cent of the income tax. ator from Oklahoma. RECORD. If you are saying the Tax Code needs Mr. COBURN. Mr. President, I ask Mr. REID. I object. to be made more fair, it would probably unanimous consent that the order for The PRESIDING OFFICER. Objec- be that we would have to make the Tax the quorum call be rescinded. tion is heard. Code less progressive. The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- The bottom line is, if I thought it objection, it is so ordered. imous consent that at a time to be de- would help people, we could do it. It is UNANIMOUS CONSENT REQUESTS—H.R. 2887 termined by me after consultation with going to hurt people. The head of the Mr. COBURN. Mr. President, I would Senator MCCONNELL, the Senate pro- Congressional Budget Office is an ob- like to say Senator REID and I have had ceed to the consideration of Calendar jective spokesman who analyzes gov- several discussions today and we are No. 167, H.R. 2887, the Surface and Air ernment. He testified before the super- working to try to resolve an impasse Transportation Programs Extension committee yesterday that it would be a we have, but we are not there yet. I Act; that the only first-degree amend- mistake to raise taxes. The preponder- wanted to be clear with my colleagues ments in order to the bill be the fol- ance of economists say it would be a what my intent was, and if we can lowing: Coburn amendment regarding mistake to raise taxes in the middle of work the problems out, I am happy to transportation enhancements, Paul a recession. It will lead to more job- try to do that. amendment regarding limitation on lessness. I have three separate unanimous con- highway trust funds, and the Paul Pitting one group—class envy—pit- sent requests I am going to be asking amendment regarding FAA funding ting one group against another gets us for. One will separate the FAA bill, levels; that there be up to 2 hours of nowhere. Years ago we tried this. We pass it, and send it to the House. An- debate on the amendments, equally di- said we will have a special tax on those other will separate the Transportation vided between the two leaders or their who own yachts. Guess who lost their bill, eliminating the transportation en- designees, prior to a vote in relation to jobs. The men and women making hancement component of it and send it the amendments in the order listed; that there be no amendment in order $40,000 and $50,000 a year lost their jobs. to the House, and another one elimi- to any of the amendments prior to the It does not work. It is unhealthy. It is nates the transportation component of votes; that the amendments be subject not good for America to blame one the combined bill and sends it back to to a 60-vote threshold; that upon dis- class of people versus the other. We the House. I understand the leader is position of the amendments, the Sen- want to lift everyone in America. We concerned with those but felt I would ate proceed to a vote on passage of the want a thriving economy. When we exercise my right to offer those unani- bill, as amended, if amended; that lowered tax rates in the 1980s, we had 6 mous consent requests. there be no other amendments, points percent and 7 percent growth in a year. Therefore, I ask unanimous consent of order or motions in order to the bill We are at 1 percent growth and we look that the Senate proceed to the imme- other than budget points of order and like we are headed in the wrong direc- diate consideration of H.R. 2887, the the applicable motions to waive; and tion. They say the definition of insan- House-passed FAA surface transpor- the motions to reconsider be consid- ity is doing the same thing over and tation reauthorization bill, and my ered made and laid upon the table. over and expecting a different result. amendment at the desk related to a 4- This new jobs plan by the President Mr. COBURN. I object. month extension shall be agreed to, the is the ‘‘son of stimulus.’’ It is the son The PRESIDING OFFICER. Objec- bill, as amended, be read a third time of a stimulus that did not work the tion is heard. and passed, the motions to reconsider first time. When we calculate it, it cost Mr. REID. Mr. President, I note the be laid upon the table, with no inter- $400,000 per job. It did not work. We absence of a quorum, and I ask unani- vening action or debate, and any state- should not be doing the same thing mous consent that the time until 4 ments related to the bill be printed in over and over again and expecting a o’clock be equally divided between the the RECORD. different result. majority and minority. I would say in conclusion that my Mr. REID. I object. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Objec- amendment is the responsible budg- objection, it is so ordered. tion is heard. etary amendment, and it pays for the The clerk will call the roll. Mr. COBURN. I ask unanimous con- new disaster funding. If we wish to help The bill clerk proceeded to call the sent that the Senate proceed to the im- people and we think our Federal Gov- roll. mediate consideration of H.R. 2887, the ernment should be involved with dis- Mr. SESSIONS. Mr. President, I ask House-passed FAA surface transpor- aster funding, it should be paid for. It unanimous consent that the order for tation reauthorization bill, that the should not be borrowed from China, the quorum call be rescinded. Coburn amendment at the desk related The PRESIDING OFFICER. Without and it should not be simply printed up to repealing the 10-percent transpor- at the printing press. We should pay for objection, it is so ordered. Mr. SESSIONS. Mr. President, we are it. tation enhancement mandate be agreed I urge other Senators to support my to, the bill, as amended, be read a third looking at a FEMA emergency supple- amendment which would offset the dis- time and passed, the motions to recon- mental. There is no doubt this country aster funding by reducing a cor- sider be laid upon the table, with no in- has sustained a series of disasters that responding amount from foreign aid, tervening action or debate, and any will require Federal support and fund- the welfare we give to other nations, statements related to the bill be printing. We have seen them in Alabama, many of them rich nations. I would ask ed in the RECORD. my home State, where we had the serious consideration of it. Mr. REID. I object. worst series of tornadoes in history, I would also ask serious consider- The PRESIDING OFFICER. Objec- and some of the most powerful, that ation of Senator COBURN’s proposal tion is heard. completely demolished two-story brick that when we have bridges crumbling Mr. COBURN. Mr. President, I ask homes with nothing but foundations in our country, we not force States to unanimous consent that the Senate left. Lives were lost to an extraor- build turtle tunnels, squirrel sanc- proceed to the immediate consider- dinary degree, and people were injured. tuaries, and movie theaters. We have ation of H.R. 2887, the House-passed We have had floods. We have had fires crumbling bridges and we need to get FAA surface transportation reauthor- and droughts around the country. We this through and we need to say we are ization bill, that my amendment at the have some of that every year, and some not going to force the States to decide desk related to a 6-month surface of this is unusual. So it is incumbent to have these beautification projects. transportation extension that repeals upon us in Congress to wrestle with I yield the floor and suggest the ab- the 10-percent transportation enhance- that and to try to figure out what sence of a quorum. ment mandate be agreed to, the bill, as should be done and how we can best The PRESIDING OFFICER (Mr. amended, be read a third time and supplement the insurance and State ac- SANDERS). The clerk will call the roll. passed, the motions to reconsider be tions and local people’s abilities to re- The bill clerk proceeded to call the laid upon the table with no intervening spond and share a bit of the pain roll. action or debate, and any statements throughout the country.

VerDate Mar 15 2010 23:52 Sep 15, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.025 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5657 Since I have been interested in the remember, I was talking to a senior tivity, and competitiveness if that emergency bill and I have some ideas, I Congressman about an emergency bill money is spent the best possible way, was surprised we were told it was going years ago that was not truly an emer- every penny of it to help people truly to be added to the Burma sanctions gency, and he said: Well, JEFF, we need in need and to help increase our na- bill, and it was going to be $6.9 billion. to put it on the emergency supple- tional productivity. I hadn’t had a chance to know and re- mental. Those are some of the concerns I view and see what those numbers were I said: Why? have. I just wanted to share those He said: It doesn’t count against the and whether they were justified. But thoughts because I think we would Majority Leader REID said we want to deficit. I said: Why? have been better off had this bill come move to that. That is what we want to He said: I don’t know. It just doesn’t through the regular process, we had do. count. full testimony from the administration Some said—and surely it is not What he meant was it was not part of witnesses, from FEMA, which will be true—that Senator REID was setting a the budgetary numbers. It was on top handling the money, setting forth in trap for the Republicans; that he would of it. It added to the debt in general. detail where they expect to spend the offer this bill, throw it out there, and We have to be careful about that. We money, how it is needed, and how they he would have extra money in it and are borrowing now 40 cents of every $1 are going to do it in a way that is fair we would complain. Then he would say: we spend. That is not a misprint. I am and helps the people in the right way. The Republicans don’t love people who not speaking erroneously. Forty cents I do not believe the way this bill is have suffered with a disaster as I love of every $1 that is spent this year is moving is careful enough, and I believe people who have suffered with a dis- borrowed. it places at risk the treasury of the aster. You don’t care. You don’t want Responsible senatorial management United States. to help people who are hurting. You are requires us to examine the legislation. I yield the floor. not good people. I am a good person. I When we have a bill that is about 40 love them more than you do. percent more than the President asked I suggest the absence of a quorum. I hope that is not true. I do not be- for, maybe that ought to throw up a The PRESIDING OFFICER. The lieve it is true. Surely, it is not true. red flag around here. Maybe we ought clerk will call the roll. But I will just point this out: that to examine it more closely because The legislative clerk proceeded to President Obama’s funding request for every single penny that is spent should call the roll. this supplemental that we have seen be spent wisely. There are two areas: Mr. THUNE. Mr. President, I ask was for $500 million in 2011, $4.6 billion Are we spending money that is not for next year, totaling $5.1 billion. unanimous consent that the order for needed at all—and we have had some of the quorum call be rescinded. That is what the President proposed. that under emergency spending—or are But the Senate Democrats’ proposal we spending money that could be spent The PRESIDING OFFICER. Without that Senator REID has moved forward better on other problems that arose objection, it is so ordered. has $804 million in 2011, $6.1 billion in from the emergency than the problems Mr. THUNE. Mr. President, in a few 2012, for a total of $6.9 billion. That is we are spending it on? minutes we are going to be voting on a about almost a $2 billion difference. I have been to hurricane damages, I bill that has been put on the floor that You know they say: That is not much have been to flood damages, I have would address many of the emergency money, just $2 billion. We spend a lot been to tornado damages, drought dam- disaster needs that have come our way more money than that around here on ages. It is hard to get the money to the this last year. all kinds of things, and we shouldn’t people who truly need it and whom you In my State of South Dakota, it has worry about it, SESSIONS. You are just can justify. This is not just throwing been a year for the record books. We slowing down the emergency bill. It money at something. have had historically cold winters the has to go through right now. So we can do a better job of that. last couple of winters. We had a his- I just pointed out previously that $2 Congress needs to be more involved. I billion is a lot of money. We have an torically wet spring and, if you look at think $2 billion is a lot. We ought to be the Missouri River basin, unprece- education budget in my State that is careful before we do that. Most of the pretty sizable, but the basic general dented amounts of runoff, to the point money is not going to get spent until where we had flooding on the Missouri fund budget of Alabama is about $2 bil- next year, by far. Overwhelmingly, 80 lion. We are an average-sized State. We River throughout the entire basin, up percent of it is to be spent next year. I and down. My State of South Dakota, are about one-fiftieth—4 million peo- believe we ought to be taking time to ple—of the United States. So $2 billion of course, was impacted dramatically do this right. by that, as were many of the States in is $2 billion. A billion here and a billion I would also like to take the oppor- the basin, and I think, like a lot of there, you are talking about real tunity, while I have the floor, to ad- parts of the country this year that money. I am just raising a question. I dress this morning’s hearing in the have experienced weather-related dis- suggest that this kind of rapid spend- Budget Committee, on which I am the asters, there are a lot of people who ing, emotional, political movement of ranking member. At today’s hearing, I have been hurt by that. In my State of money through this body is why this emphasized the economic danger our South Dakota, we have a lot of home- country has gotten into financial trou- country is facing as a result of the in- owners in the Pierre and Fort Pierre ble. We just increase the pricetag for a creasing deficit. We had three econo- area and the Dakota Dunes area and bill by $2 billion and rush it through mists testify. Two of them were se- the Yankton area. We have had tre- and attack anybody who has the gump- lected by our Democratic majority col- mendous wet weather in northeastern tion to stand, such as Senator TOM leagues. We asked whether they agreed South Dakota, and there are a lot of COBURN, and raise some real questions that it would be wise to pursue policies people who have been flooded up there. about it. How much of this can we pay that create jobs without creating debt. for? Can we pay for it all—we probably They all acknowledge that increasing We have people in these areas of my could and probably should—or pay for debt is a dangerous thing. State who literally have lost every- part of it so it is not borrowed? You We discussed whether we should seek thing—their homes. It was not one of see, an emergency in general is debt. ways to create jobs and growth in those situations where you get an When we declare something an emer- America without adding to the debt. event that comes through, it is gone gency, we are adding to the debt. It Wouldn’t that be smart? They all quickly, and you can go in and clean up means it is not under the budget. We agreed it would—things such as pro- and recover. In this case, they were have a budget limit, and all spending is ducing more American energy, reduc- floods that persisted over long periods supposed to be under our budgetary ing costly bureaucratic regulations, of time—in this case months. I remem- limit, although we have not had a and instituting growth-oriented tax re- ber touring some of those areas in my budget in 2 years. But when we do a form. All three witnesses said those are State and in some cases having to go supplemental, it does not count that good things to do for America. out there literally in a boat to see way. I would say, if we are going to spend homes and having to walk into a home I have seen the Presiding Officer be $7 billion or $5 billion on an emergency, in waders because the water in the liv- pretty sophisticated in these things. I it helps Americans’ growth, producing room was literally up to my waist.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.027 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5658 CONGRESSIONAL RECORD — SENATE September 15, 2011 And the water was there literally for teacher training. I think you have to grasp yet of what some of these dam- weeks. There were a lot of black mold argue that there is plenty of waste and ages are. The assessments are still problems, of course, just a tremendous duplication and redundancy in our Fed- coming in. But I think it is important amount of damage. eral Government, and we ought to be that we be responsible in how we dis- As I said, in many cases these are doing everything we can to eliminate tribute disaster relief, that we know as people who for various reasons did not that, particularly if we are looking at much as possible about the full scale have flood insurance, in most cases be- prioritizing where we spend our tax and the dimensions of the problem and cause they were told they didn’t need dollars. what those damages are and then, sec- it, they were not in the flood plain. In a case such as this, we have people ondly, that we do everything we can to These were homeowners who, when the across our country who have been hurt find areas in the budget in which we Missouri River dams were built, by these natural disasters who need can offset that disaster relief. thought, at least, that they were pro- our assistance. It strikes me, at least, So I hope we can support the amend- tected by those dams and as a con- that if we are serious about priorities— ments that are before us today. As I sequence, perhaps, did not purchase and I think all budgets are about prior- said before, the Coburn amendment is flood insurance, with rare exceptions. ities—we ought to be able to find some not something new to the Senate. The Of course, in all of these cases too savings in these programs and agencies Coburn amendment is an amendment there are homeowners who, if they did that have been identified by the GAO many of us have supported in the past. not have flood insurance, have in some that would enable us to find the funds Sixty-four Senators—that is a very cases lost everything. I am not talking that are necessary to cover the disaster large bipartisan majority here in the about just homeowners who have re- effort. Senate—have supported this amend- sources and means, I am talking about So I would come down here and speak ment to do away with these duplicative people—I met with retired school- in support of the Coburn amendment. programs and to try to gain some effi- teachers who put everything they had I think the Paul amendment as well ciency and some savings in our Federal into these homes along the Missouri seeks to use unobligated balances from Government. River, and now they have literally lost USAID, the State Department. Of It strikes me, at least, that when we everything. So I can appreciate how course, we are getting to the end of the are dealing with an issue as important important it is that we do everything year, and if there are funds that have as disaster relief is to so many Ameri- we can to respond to this enormous not been obligated, that have not been cans, we certainly ought to be able to weather-related disaster that has come used, that strikes me as well as a way prioritize and take some of those dupli- our way. in which we can find some resources cative programs and some of those re- I have great sympathy for those that would help us prioritize and put dundant programs we have in the Fed- other areas of the country that have them where they are really needed eral Government that have been identi- been impacted this year as well. I know right now; that is, to deal with these fied by the Government Accountability that on the east coast, we had flooding impacted communities, these impacted Office—ask the OMB to identify $7 bil- from the hurricane, and we have had families, these impacted homeowners, lion in savings in order to offset the tornadoes this summer that have wiped and helping them rebuild their lives. costs of what we are doing here with out parts of entire communities. But fundamentally, when you have a regard to disaster relief. It has been a very difficult weather $1.3, $1.4 trillion annual deficit and So I am certainly going to support year, and as we approach this issue of when you are already at $14 trillion in these amendments—and I hope my col- how to deal with that, I think it is im- debt and it is growing at the rate it is, leagues will—for a lot of reasons. portant that we bear in mind—that we when you have a debt-to-GDP which is Again, we need to respond when we do everything possible to address the literally about 1 to 1, about 100 per- have a natural disaster such as this, needs these homeowners have and try cent—you have to go back to the end of but we need to do it in a responsible to help them rebuild their lives and put World War II to find a time in our Na- way. And when we are running these things back together. tion’s history when we have seen that massive annual deficits we are running So as we get into this debate, cer- kind of debt. These deficits to GDP, today, we need to do everything we tainly I recognize the importance of us debt to GDP, spending to GDP are at possibly can to see that we are paying having a response. I think that one way historic highs. It strikes me that even the Nation’s bills, that we are not add- or the other, Congress will respond, for important matters such as disaster ing it to the credit card, not handing whether it happens today or in the relief, we have to be as responsible as the bill to our children and grand- form of some relief that may be coming we possibly can and make sure we are children, not spending money we do over from the House of Representa- doing justice to the American taxpayer not have, but doing everything we can tives. But I believe it is important that and not spending money we do not to live within our means. It is the re- we do that. It is also important, given have. sponsible way to go about this. In my the budgetary circumstances in which I think the House of Representa- view, it is a reasonable way to go about we find ourselves, that we pay for it. I tives—and what they intend to do is this. I think it is the right way to deal think there are a couple of amend- address this through the continuing with the Nation’s business; that is, to ments we are going to vote on this resolution which will be coming our pay your bills. The Coburn amendment afternoon that would accomplish just way sometime next week. Their ap- does that. His amendment, I guess of that. proach is to put some additional the two, specifically directs the $7 bil- The Senator from Oklahoma has pro- money, supplemental money, into lion. I am not sure whether the Paul posed an amendment which many of us FEMA, into the Corps of Engineers— amendment has a specific score on it. have voted for in the past. I think it those agencies that are kind of on the But either would be an important, in got 64 votes here in the Senate, both front lines in responding to many of my view, message to the American peo- Republicans and Democrats supporting these disasters. I hope we have an op- ple that we are serious about getting it. It would do away with some of the portunity to vote on that legislation. our fiscal house in order. So I hope we duplication we have in our Federal That will be paid for. That will be will have both Republicans and Demo- Government. within the budget. That will not be def- crats here in the Senate that would The Government Accountability Of- icit spending or borrowing from our support both of those amendments. fice has identified lots of areas of du- children and grandchildren, adding I yield the floor. plication. In fact, I think the Senator more to the debt. So I think it is a re- The PRESIDING OFFICER (Mrs. from Oklahoma has already gone sponsible and reasonable way to deal MCCASKILL). The Senator from Ne- through some of those, but I have been with this, and maybe in the end that is braska. here on the floor and addressed some of where this ends up. Mr. JOHANNS. Madam President, I these as well: 56, or thereabouts, pro- But the debate we are having today ask unanimous consent to speak as in grams spread across 10 or so agencies is whether we are going to appropriate morning business for about 5 minutes. that deal with financial literacy; 82 $6.9 billion, around $7 billion for dis- The PRESIDING OFFICER. Without programs that deal with the issue of aster relief. I don’t think we have a full objection, it is so ordered.

VerDate Mar 15 2010 02:40 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.029 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5659 FARM DUST REGULATION prove Administrator Jackson’s image presided over three deficit reduction Mr. JOHANNS. I rise today to actu- than the charm offensive EPA has re- plans that achieved more than three- ally extend an invitation. The invita- cently undertaken. quarters of their deficit reduction tion I extend is to our EPA Adminis- I yield the floor and suggest the ab- through revenue increases. That was trator, Lisa Jackson. The reason for sence of a quorum. President Reagan. Revenue increases the invitation is very straightforward. The PRESIDING OFFICER. The were a major part of his deficit reduc- There is a lot of confusion about EPA’s clerk will call the roll. tion plan. The deficit reduction legisla- position on regulating farm dust. It is The assistant legislative clerk pro- tion that we passed in 1990 under the remarkable. The Administrator says ceeded to call the roll. first President Bush achieved about one thing, but then the agency takes a The PRESIDING OFFICER. The Sen- one-third of its deficit cuts through different position—back and forth, ator from Michigan. added revenue. President Clinton’s 1993 back and forth it has gone. Mr. LEVIN. Madam President, I ask deficit reduction plan was roughly 55 Administrator Jackson said, and I unanimous consent that the order for percent new revenue and 45 percent am using her words, ‘‘It is a myth that the quorum call be rescinded. spending cuts and yielded our most re- EPA is proposing to regulate farm The PRESIDING OFFICER. Without cent balanced budgets. dust.’’ That seems pretty clear, but objection, it is so ordered. Apart from history, the mathe- then her agency says: Well, no, we can- DEFICIT REDUCTION matical reality simply is that we must not distinguish between farm dust and generate additional revenues. If we are Mr. LEVIN. Madam President, I un- other dust subject to regulation, so going to reduce the deficit and do so derstand that a couple of our col- rural America is not off the hook, it is while avoiding unacceptable cuts to leagues are on their way, and I will out of luck. programs that provide for the common yield to them if they get here as ex- Well, I was very pleased recently to defense and general welfare, revenue pected. offer a solution to this EPA dilemma. must be part of the discussion. My solution was offered in partnership In the meantime, I wish to share some thoughts with the Senate about Many of our Republican colleagues with my friend and colleague from have focused solely on nondefense dis- Iowa, Senator CHUCK GRASSLEY, and the very complex and difficult duty we all now face, which is to agree to legis- cretionary programs for deficit reduc- others actually from both sides of the tion. The simple fact is those programs aisle. We proposed a simple solution to lation that will reduce the deficit by at least $1.2 billion over the next decade. are not big enough to allow real deficit this confusion. We proposed legislation reduction. They make up only about 12 that—very straightforward—says: EPA And, if we fail to do that, by the end of the year, huge automatic budgets in percent of the Federal budget. If we cannot regulate farm dust unless there eliminated all those programs, zeroed is scientific proof that it causes harm. vital national programs, including in security, will take effect to meet the them out, we would have done grave That proof does not exist today. harm to millions of American families, Meanwhile, Ms. Jackson and her agen- deficit reduction goal. Those automatic cuts would take an unacceptable but we still would have huge deficits as cy continue to have problems getting far as the eye can see. this story straight. You see, she scoffs toll on vital programs. I believe every So as the Concord Coalition, a non- at the idea of regulating farm dust, and Member of Congress must do their best partisan group, said: For a grand bar- then her agency turns around and says: to avoid that outcome, and that begins gain on deficit reduction, finding a way Well, it is really a possibility. with the 12 members of the Joint Se- to bring in some revenue is a crucial I understand that sometimes the di- lect Committee who have been given piece of the puzzle. rection from the top can get muddled the assignment of crafting a plan for us as it works its way down. After all, to consider. The nonpartisan Committee for Re- EPA is a very large organization. Despite the difficulty, the task is sponsible Federal Budget said that put- Surely, Administrator Jackson does achievable. We can reach our deficit re- ting the deficit on a downward path re- not intend to be saying one thing while duction targets and help ensure fiscal quires looking at ways to generate ad- her agency is saying and potentially stability while avoiding not only the ditional revenues. doing something quite different. So I damaging automatic cuts but also In the balance of my remarks I set am hopeful I have come up with yet an- avoiding devastating cuts to defense, out seven different loopholes which other solution. health, education, and other programs need to be closed. It is only fair that Today, Senator GRASSLEY and I sent vital to America and to its families. these loopholes be closed. They are a letter to Administrator Jackson. We Achieving this goal will require sac- loopholes which cannot be justified. have invited her to publicly support rifices. Everyone is going to have to They are loopholes which I think al- our bill blocking the regulation of farm contribute. But if all of us, every most every American would say should dust. After all, using her own word, American, will make the sacrifices nec- not be in our Tax Code. If we simply this was a ‘‘myth’’ in the first place. I essary, we can get this done. will change our Tax Code and reform it think it is a perfect solution. She says How can we do it? Well, we could pre- and close these loopholes, we can raise EPA has no intention of regulating tend we can resolve this problem by ig- about $1 trillion over 10 years. That is farm dust, so there is absolutely no noring why we got here to try to bal- a huge part of what this Joint Select reason why she would not support this ance the budget by simply cutting Committee is required to do. legislation that makes it official. My more spending or we can take a real- We have to protect middle-class fam- letter invites her to put her words into istic look at both spending and reve- ilies from tax increases. We have to action by issuing a straightforward nues. We need to take a realistic look protect them from losing critically im- supportive statement. I look forward to at both spending and revenue. A little portant programs, such as education. hearing back from her or simply seeing historical perspective might be helpful. We can do that. I have sent a letter to her statement of support in print. Ei- Federal revenues today are at the the members—including my dear friend ther will be acceptable. lowest share of gross domestic product from Massachusetts—of our select com- I will tell you this: I believe if Ad- in generations, just 14.9 percent. For mittee laying out the seven loopholes ministrator Jackson stands up in re- the past 60 years, that number has which can, and should, be closed which sponse to this and says, yes, I was seri- averaged about 18 percent, and during will have an equitable impact. It is ous, we are not going to regulate farm that period we have balanced the budg- only fair these loopholes be closed, and dust, that is a myth, and Senator et five times, and each time revenues I have laid out including the use of off- JOHANNS has it all wrong, I believe totaled 19 percent of gross domestic shore tax havens to avoid paying taxes. rural America will cheer. product or higher. In this letter that went to all the mem- Supporting my bill that puts an end Past efforts to reduce high deficits bers of this Joint Select Committee, I to this crazy, ridiculous notion of regu- have made new revenue a significant have set forth what these loopholes lating farm dust would do more to im- part of the equation. President Reagan are.

VerDate Mar 15 2010 02:42 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.029 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5660 CONGRESSIONAL RECORD — SENATE September 15, 2011 So revenue needs to be part of the say, in empathy and not in anger: Wel- ated income; and treat credit default swap joint select committee’s agenda. Our come to the club. The spending cuts payments made from the United States to deficit reduction plans will require sac- that will be necessary for significant offshore recipients as taxable U.S. source in- rifice not just from middle-class fami- deficit reduction will be difficult as come. lies but from the corporations and (2) End the Corporate Stock Option Loop- well. They will hurt real American hole. The Ending Excessive Corporate Deduc- upper income Americans who have families, in real ways, and they will tions for Stock Options Act (S. 1375) would done very well in recent years even as damage programs that are at the core eliminate a corporate loophole that cur- middle-class incomes have stagnated. of my own party’s philosophy about rently gives special tax treatment to cor- In fact, from 1980 to 2008, the share of the important role of government in porations that pay their executives with all U.S. income going to the top 1 per- helping to create shared prosperity. stock options. Stock options are the only cent of Americans more than doubled, Democrats will have to compromise on type of compensation which, due to a special from 10 percent to 24 percent. I make these cuts. Republicans will also have method for calculating the tax deduction, often allows corporations to deduct more my proposals with that troubling fact to compromise, and accept the reality in mind. Mr. President, I ask unani- than the compensation expense shown in that revenue must be part of the equa- their books. The latest data available shows mous consent that my letter to the tion, if we are to do our duty. that, over a five-year period, from 2005 to members of the Joint Special Com- The ideas I have proposed, and will 2009, corporate stock option tax deductions mittee be included in the RECORD after discuss in more detail in the days as a whole exceeded corporate stock option my remarks. ahead, outline a path toward such a book expenses by $12 to $61 billion each year, The letter identifies seven possible compromise. It is a fair path. If Repub- forcing ordinary taxpayers to subsidize tens steps to eliminate wasteful tax expend- licans are willing to embrace com- of billions of dollars in excessive executive pay tax deductions. Closing this loophole itures and loopholes so as to share the promise, we can reduce our deficit burden of deficit reduction more broad- would end this unfair tax subsidy of cor- while helping to protect middle-class porate executive compensation. ly. As I say in the letter, ‘‘Those meas- families from further economic harm. ures would not only reduce the deficit, (3) End the Carried Interest Loophole. If Republicans are not willing to com- Under current law, hedge fund and private but also render the federal tax system promise, the automatic cuts involved equity fund managers treat certain income more fair to the millions of honest in sequestration that would be forced received from managing investments as Americans who pay their taxes.’’ Each upon the American people will make ‘‘carried interest’’ taxable at the lower, long- is practical and doable, each achieves our country less safe and the liveli- term capital gains rate, instead of ordinary real deficit reduction, and each pro- hoods of our families less secure. I hope income tax rates. That income is not, however, a return on a capital investment made tects the programs that defend our na- my proposals will help us work to- tion and support middle-class families by the fund managers with their own money, gether to avoid that tragic outcome. but is instead compensation for work per- without increasing the tax burden on Madam President, I ask unanimous the investments that help our economy formed for other investors. Closing this loop- consent to have printed in the RECORD hole and treating carried interest as ordi- grow. a copy of the letter which I sent to the nary income would end an unfair taxpayer I plan in the coming days to lay out members of that Joint Committee. subsidy of this Wall Street income. these ideas in more detail, but to ex- (4) End the Derivatives Blended Rate Loop- plain them briefly. The PRESIDING OFFICER. Without objection, it is so ordered. hole. Under current law, profits from some The first two proposals would close derivative trades are taxed at a ‘‘blended two kinds of unjustified loopholes that There being no objection, the mate- rate’’ comprised of part capital gains and benefit corporations and wealthy indi- rial was ordered to be printed in the part ordinary income, even in the case of de- viduals at the expense of working fami- RECORD, as follows: rivatives held for minutes. This special tax lies: offshore tax shelter abuses that SEPTEMBER 15, 2011. treatment, enacted in 1981, favors derivatives cost American taxpayers billions of Hon. PATTY MURRAY like futures over stocks, and encourages bets on derivatives over direct capital invest- dollars a year and a loophole that Hon. MAX BAUCUS Hon. JOHN KERRY ments that are key to economic growth. forces American taxpayers to subsidize Hon. JON KYL Closing this tax loophole would put a stop to the stock options that corporations Hon. ROB PORTMAN that market distortion. grant to their executives. Hon. PAT TOOMEY (5) Restore Reagan-Era Capital Gains The third and fourth would close two Hon. JEB HENSARLING Rates. In recent years, tax rates have been Wall Street tax loopholes, the ‘‘carried Hon. XAVIER BECERRA repeatedly lowered for capital gains derived interest’’ loophole that forces Ameri- Hon. DAVID CAMP from stock, bonds, and derivative trans- cans to subsidize the paychecks of Hon. JAMES CLYBURN actions compared to income derived from the hedge fund managers, and a derivatives Hon. FRED UPTON salaried work performed by most Americans. blended tax rate loophole that pro- Hon. CHRIS VAN HOLLEN Despite the fact that capital gains rates cur- motes speculation in futures and op- DEAR MEMBERS OF THE JOINT SELECT COM- rently range between 0% and 15%, our econ- MITTEE ON DEFICIT REDUCTION: As you work omy has little to show for it in the way of in- tions, favoring derivatives over long- to construct a proposal to reduce the federal creased investment or other economic bene- term investments that boost economic budget deficit and ensure long-term fiscal fits. At the same time, these lower rates growth. stability for our government, I urge you to have greatly increased the deficit. While The fifth and six would promote tax eliminate wasteful tax expenditures and long-term investments should receive some fairness and ensure shared sacrifice in loopholes and restore more balance to the degree of favorable treatment, restoring cap- reducing the deficit by restoring upper tax code. These measures would not only re- ital gains rates to Reagan-era levels in line bracket income tax rates and capital duce the deficit, but also render the federal with ordinary income rates—as several bi- gains tax rates to rates closer to his- tax system more fair to the millions of hon- partisan deficit reduction proposals have toric norms. est Americans who pay their taxes. suggested—would not only make the federal The seventh is an administrative Here are seven tax reforms that could to- tax system more fair, but also end a tax ex- gether raise over one trillion dollars to re- penditure costing hundreds of billions of dol- change, eliminating the use of paper duce our federal deficits. lars over ten years. tax liens and creating an electronic (1) Target Offshore Tax Abuses. The Stop (6) Restore Upper Income Tax Brackets. database of those liens. Tax Haven Abuse Act (S. 1346) would combat Today, the wealthiest one percent of Ameri- I will discuss these changes in more offshore tax abuses. It contains more than a cans take home 24 percent of all U.S. income, detail in the days ahead, but let me dozen provisions to shut down offshore tax the highest percentage since the Great De- emphasize today the role they can play loopholes and expose offshore tax cheats, in- pression. Yet, just a few decades ago, that in deficit reduction. Combined, these cluding measures to penalize offshore finan- number was below 10 percent. Rather than common-sense changes could reduce cial institutions and jurisdictions that im- have their share of the tax burden go up ac- our deficits by $1 trillion over the next pede U.S. tax enforcement; stiffen penalties cordingly, the wealthiest few have had their 10 years—a sum that would make the on aiders and abettors of tax evasion; shift tax rates lowered several times. Our econ- the burden of proof establishing who controls omy has not grown as a result of this special committee’s difficult goal, one the an offshore entity; stop companies managed treatment, but our deficit has. Restoring or- Congress and the entire government and controlled in the United States from dinary income rates on those earning over share, much more achievable. claiming foreign status; treat U.S. deposits $250,000 would reduce our deficit by hundreds For Republicans, adopting some of and investments by offshore subsidiaries of of billions of dollars over the next 10 years these ideas will be difficult. I would U.S. parent corporations as taxable repatri- while restoring balance to the tax code.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.032 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5661 (7) Eliminate Paper Tax Liens. The Tax put in place an inappropriate principle antee my colleagues we will pay a Lien Simplification Act (S. 1390) would cre- at an inappropriate time. much stiffer price later for increased ate an electronic federal tax lien registry, That argument has been made con- threats to our national security, for available to the public at no cost, in place of siderably. I want to talk for a minute loss of opportunity, for loss of business, the current antiquated system requiring fed- for graver crises, all of which will come eral tax liens to be filed on paper in 4,000 lo- about the merits of this particular pro- cations across the country. This simple, good posal on its face. Let me make as clear as a result of America pulling back. government bill would save administrative as I can that this amendment would be I remind Senators our foreign policy costs, while expediting the removal of tax absolutely devastating to our foreign and development programs have al- liens and freeing up an entire IRS division to aid and development programs. It ready been cut to the bone. The final tackle the collection of unpaid taxes that would decimate agencies that have al- fiscal year 2011 spending agreement cut pose an unfair burden on honest taxpayers. ready taken huge funding cuts in fiscal $6.5 billion from the international af- These common sense proposals, if enacted, year 2011, and it would completely un- fairs budget. That is a 10-percent cut. would significantly reduce the federal def- dermine core national security prior- How many agencies took a 10-percent icit, while removing economic distortions cut? It happens to also be a 15-percent from the marketplace and ending unfair tax ities and humanitarian commitments. expenditures and loopholes that disadvan- Senator PAUL argues that foreign aid cut from the President’s request. tage average taxpayers. Thank you for your is ‘‘welfare we give to other nations, At a time that we are fighting a war consideration of these proposals. many of which are rich nations.’’ I dis- in Afghanistan, when we are managing Sincerely, agree with both parts of that sentence, turmoil in the Middle East, when we CARL LEVIN. and I disagree profoundly with the no- are trying to guarantee that in Egypt, Mr. KERRY. Madam President, I tion that foreign aid is somehow wel- which we have encouraged to have an yield myself such time as I use. fare. uprising, which we have celebrated for Let me, first of all, thank the Sen- Foreign aid is an investment in our its reach for democracy and for free- ator from Michigan, the chairman of national security; it is not a gift to dom, at a time when it is trying to do the Armed Services Committee, for his other countries. It is a very small in- it, are we going to pull the rug out comments and particularly for the rec- vestment that provides an enormous from under them and say: Go ahead ommendations that he is going to return in so many different ways in Muslim brotherhood, its pickings are make to the supercommittee, to each terms of advancing the interests of our all for you? of us. I think all of us in the Senate country, of our citizens. Because of for- It doesn’t make any sense at a time know Senator LEVIN is one of the most eign aid in many parts of the world we when we are coping with unprecedented creative and thoughtful Senators. I am have relationships, and we have pro- famine in the Horn of Africa, millions confident that the suggestions he grams, we have initiatives, joint ven- of people starving to death, a global tragedy that challenges the morality of makes are going to be important ones tures that make Americans safer every our Nation—it would be unbelievably that are going to be worthy of consid- single day. We need to put politics extreme and irresponsible to take the eration. aside and focus on concrete facts. I know also, because it is something I know the easiest thing in the world approach that Senator PAUL’s amend- I began to focus on back in the 1980s, is to walk into a big townhall meeting ment takes. It would jeopardize our national security in several important this issue of offshore havens is abso- and say we ought to be building in— ways. Let me just name a few specifi- lutely staggering. I look forward to whatever the community you are in— this. I know the Senator has led the cally. before we send money somewhere else, First of all, it would threaten the Permanent Subcommittee on Inves- and everybody cheers. There is an in- tigations on that. They have done out- State Department and USAID’s ability stant reaction—easy applause, easy to serve as a critical partner to the standing work. I am confident that a politics, but not smart politics in lot of that work can be certainly put military in postconflict situations. For terms of the interests of our country. instance, in Afghanistan we are work- on the table, and it ought to be seri- The fact is all of our foreign aid pro- ing hand in hand, State Department ously considered. My hope is we can do grams, all of our foreign policy initia- and Defense Department, in order to be something about it. tives, all in the State Department, ev- Mr. LEVIN. I thank my friend. able to transition to the Afghan forces. erything we do in USAID, all the This would put those troops at risk, AMENDMENT NO. 613 things we do from sending a diplomat put that effort at risk. I think it would Mr. KERRY. Madam President, one to Baghdad or Pakistan or Afghani- raise serious questions about the via- of the amendments we will vote on stan, every effort we make to help re- bility of what we are trying to accom- shortly is an amendment by Senator verse the global HIV/AIDS epidemic, plish. RAND PAUL with respect to cutting—or all of the things our State Department We are at a critical juncture in those an offset, if you will—of $6.9 billion engages in make up barely 1 percent of efforts to stabilize Afghanistan and from the State Department and USAID the annual budget. Pakistan. Cutting our aid to those in order to fund FEMA disaster relief So often when we go out to those countries will impact our military op- programs. townhalls that are ready to applaud erations. For all of those Senators who First of all, a number of colleagues the idea of just giving the money here, want to get out of Afghanistan faster, have come to the Senate floor over the we ask people: How much do you think we pull the aid out from underneath it, last couple of days and talked about we give in foreign aid? And people say: and we may be getting out in a way we the principle that has governed our ef- Oh, my God, it is 50 percent of our do not want to, or we will make it forts to provide disaster assistance budget or 10 percent or 5 percent. It is longer before we get out in the way through all of the years of this institu- none of those. It is barely 1 percent. that we do want to. tion. We do not know how to plan on We spend about $700 billion on our I suggest respectfully Senator PAUL the amounts. We do not hold people ac- military. By contrast, the inter- said he would ‘‘much rather send . . . countable to other programs because of national affairs budget in its entirety professors around the world than . . . acts of God, natural disasters that is less than one-tenth of the Penta- our soldiers.’’ I don’t know an Amer- arise suddenly, and the Nation has al- gon’s. A former Secretary of Defense, ican who would not rather do that. We ways been rich enough and responsible Bob Gates, pointed out, I think only a all hope that can happen as soon as enough to guarantee that we provide year or so ago, that if we took the en- possible. But we cannot just ordain it assistance to communities that have tire Foreign Service roster we could by saying: Here it is, here is what we been hard hit by a flood, by a tornado, barely crew one aircraft carrier in the are doing, and change the situations on ravaged by fires—by some natural dis- U.S. Navy. the ground. The wish does not become aster. I understand we face a budget crisis the father to the fact in those situa- I think the notion that suddenly we in our own country. Obviously, I under- tions. are going to start offsetting at a time stand that. We are working hard to ad- As we have seen in recent days with when we are engaged in a very delicate dress this issue in the new committee the attack on our embassy in Kabul, balance of offsets with respect to the that has been formed by the Congress. there is a lot of work to be done in Af- regular budgeting process is to try to But if we cut these funds now, I guar- ghanistan before our college deans can

VerDate Mar 15 2010 02:42 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.007 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5662 CONGRESSIONAL RECORD — SENATE September 15, 2011 take over from our district support minimis. We should not come in here The result was announced—yeas 54, teams. installing a new principle all of a sud- nays 45, as follows: This cut would set back progress in den, for the first time ever, saying we [Rollcall Vote No. 133 Leg.] creating markets for U.S. goods and have to offset money to pay for emer- YEAS—54 services. Here we are struggling to cre- gency assistance to our communities Alexander Graham McConnell ate jobs in the United States. One of at the expense of young kids who are Ayotte Grassley Moran the best opportunities for jobs is ex- starving in another part of the world. Barrasso Hatch Murkowski port—export to the new, emerging mid- I hope my colleagues will recognize Baucus Heller Nelson (NE) Blunt Hoeven Paul dle classes of India, Brazil, Korea, Mex- this amendment is not the right way to Boozman Hutchison Portman ico, China, other places. We want to approach this. It would have a neg- Brown (MA) Inhofe Risch sell them those products. But if all of a ligible impact on our budget deficit, Burr Isakson Roberts Chambliss Johanns Rubio sudden we are pulling back our ability and its real impact on our security Coats Johnson (WI) Sessions to marshal opportunities in those mar- would be enormous. Coburn Kirk Shelby kets, if we reduce the ability of the The PRESIDING OFFICER. The Sen- Cochran Klobuchar Snowe U.S. businesses to get those opportuni- ator from Louisiana. Collins Kyl Tester Ms. LANDRIEU. I know the vote has Corker Lee Thune ties, we diminish our own efforts to Cornyn Lugar Toomey strengthen our economy. been scheduled, but I ask unanimous Crapo Manchin Vitter We don’t just face a budget deficit consent 2 minutes be provided prior to DeMint McCain Webb crisis, we also face a jobs deficit. In the the amendment votes and 4 minutes Enzi McCaskill Wicker face of global competition, our growth prior to final passage. NAYS—45 in our exports is directly tied to our The PRESIDING OFFICER. Is there Akaka Franken Murray ability to create new American mar- objection? Without objection, it is so Begich Gillibrand Nelson (FL) kets. Money we spend helping to sta- ordered. Bennet Hagan Pryor Bingaman Harkin Reed bilize emerging economies has an AMENDMENT NO. 610 Blumenthal Inouye Reid amazing impact on our own economy, Who yields time? Boxer Johnson (SD) Rockefeller and that has been proven for all the Ms. LANDRIEU. Madam President, Brown (OH) Kerry Sanders how much time before the vote? Cantwell Landrieu Schumer years, certainly, since the end of World Cardin Lautenberg Shaheen War II. The PRESIDING OFFICER. There is Carper Leahy Stabenow The Paul amendment would also lead 2 minutes. Casey Levin Udall (CO) to a $1 billion cut in our battle against Ms. LANDRIEU. I wish to speak, if I Conrad Lieberman Udall (NM) could, before the time is out. Coons Menendez Warner global AIDS. PEPFAR, the President’s Durbin Merkley Whitehouse program on which George Bush—Presi- The PRESIDING OFFICER. Without Feinstein Mikulski Wyden objection. dent George Bush, Republican—worked NOT VOTING—1 with us on the Foreign Relations Com- Ms. LANDRIEU. Madam President, Kohl mittee, a program Senator Helms and in a few minutes, because the two Senator Frist and I and others origi- amendments have been debated exten- The PRESIDING OFFICER. On this nally developed, a program that cur- sively this afternoon, I want to thank vote, the yeas are 54, the nays are 45. rently supports 3.5 million people on the Senator from Massachusetts for his Under the previous order requiring 60 lifesaving HIV/AIDS treatment, a re- strong objection to one of the amend- votes for the adoption of this amend- duction this size to 2011 funds would ments and the eloquent way he ex- ment, the amendment is rejected. mean that around 1 million people pressed the feelings of so many of us PAUL AMENDMENT NO. 613 would be thrown off of those treat- who will be voting with Senator KERRY The PRESIDING OFFICER. Under ments, dramatically reducing the num- against the Paul amendment. the previous order, there is now 2 min- bers of lives saved through this pro- Let me put this up, as I have been utes of debate on the Paul amendment gram. using this all week. The underlying bill No. 613. Who yields time? We are a country that has prided our- we will be voting on in a few minutes The Senator from Vermont. selves on our willingness to live our will give the Senate the opportunity to Mr. LEAHY. Madam President, I ask values. The Judeo-Christian ethic is vote for disaster relief now. It is the unanimous consent that there be an one of charity and one of concern for only vehicle available to us in the Sen- additional 1 minute for Senator the poor, the downtrodden, the sick, ate to vote for relatively full disaster LINDSEY GRAHAM to speak on his and so forth. It is hard for me to under- relief for the year 2012 now. I want peo- amendment. stand how we can take an ethic of our ple to realize, as they are considering The PRESIDING OFFICER. Without private lives that everybody talks how they are going to vote, we received objection, it is so ordered. about so pronouncedly around here and 61 votes. Mr. LEAHY. Madam President, my look at the fact that there are some The PRESIDING OFFICER. The time State was devastated by Hurricane folks in America who tithe 10 percent has expired. Irene, and I am going to do everything Ms. LANDRIEU. I understand we are of their income, or others who give a possible to help Vermonters get the aid out of time. I will speak later. Again, it fixed percentage of their income in they need. But I strongly oppose the gives us an opportunity to vote for dis- order to help the world, and here we amendment offered by the junior Sen- aster relief now. are, as a matter of national policy, ator from Kentucky. The PRESIDING OFFICER. Who going to put 1 million people at risk First, it is a terrible idea to cut crit- yields time in opposition? ical national security programs to off- from a program we are currently sav- Ms. LANDRIEU. I yield back the set funding for emergency disasters. It ing lives on? I don’t understand that time, and I ask for the yeas and nays. would set a precedent and make it infi- kind of value system. The PRESIDING OFFICER. All time nitely harder to help our States cope It would derail our efforts to forestall is yielded back. famine in the Horn of Africa, and that Is there a sufficient second? with these crises, whether it is Katrina would trigger long-lasting suffering There appears to be a sufficient sec- or whether it is earthquakes or no mat- and destabilize the neighboring coun- ond. ter what it is. tries such as Yemen, Kenya, and Soma- The question is on agreeing to the Disasters strike unexpectedly. The lia. In Somalia alone approximately 3.2 amendment. funding to recover and rebuild is not million people are in need of imme- The clerk will call the roll. built into the budget. They strike Re- diate lifesaving assistance, a half mil- The bill clerk called the roll. publican and Democratic States alike. lion children are acutely malnourished, Mr. DURBIN. I announce that the To say in this: Well, why don’t we cut and more than 29,000 children under the Senator from Wisconsin (Mr. KOHL) is out our State Department or our em- age of 5 have tragically died. necessarily absent. bassies, so we cut out the aid the This planet knows how to feed peo- The PRESIDING OFFICER (Ms. KLO- United States gives to Haiti—we live in ple. Rich countries have an obligation BUCHAR). Are there any other Senators a global economy—this amendment to try to do that. Our obligation is de in the Chamber desiring to vote? makes no sense.

VerDate Mar 15 2010 05:20 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.036 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5663 The PRESIDING OFFICER. The Sen- The result was announced—yeas 20, 10 minutes of debate on the amend- ator from South Carolina. nays 78, as follows: ments and the bill to be equally di- Mr. GRAHAM. I thank the Chair. [Rollcall Vote No. 134 Leg.] vided between Senators PAUL and the This is very important. We are broke YEAS—20 majority leader or their designees, at home, and there are a lot of things Barrasso Inhofe Sessions prior to votes in relation to the amend- we could and should be doing for our Burr Johnson (WI) Shelby ments in the order listed; that there be States. I want to try to get our fiscal Coburn Lee Thune no amendments in order to any of the house in order, but we have to defend DeMint Moran Toomey amendments prior to the votes; that Enzi Nelson (NE) this country. The foreign operations Vitter the amendments be subject to a 60-vote Grassley Paul Wicker account is national security in another Hutchison Roberts threshold; that upon disposition of the form. If you just do not always want to NAYS—78 amendments, the Senate proceed to bomb people, you need to help people Akaka Durbin McConnell vote on the passage of the bill, as help themselves, and the money in this Alexander Feinstein Menendez amended, if amended; that there be no account will allow people to stand up Ayotte Franken Merkley other amendments, points of order or against terrorism and do things Amer- Baucus Gillibrand Mikulski motions in order to the bill other than ica has been doing for a long time; that Begich Graham Murkowski Bennet Hagan Murray the budget points of order and the ap- is, helping people who really would be Bingaman Harkin Nelson (FL) plicable motion to waive; that the mo- better off for the experience and have a Blumenthal Hatch Portman tion to reconsider be considered made kindness toward us. Blunt Hoeven Pryor and laid upon the table. If you think Israel needs a friend Boozman Inouye Reed Boxer Isakson Reid The PRESIDING OFFICER. Without now, this would hurt our relationship Brown (MA) Johanns Risch objection, it is so ordered. in terms of support to Israel. So all of Brown (OH) Johnson (SD) Rockefeller Mr. LIEBERMAN. Madam President, those in this body who want to make Cantwell Kerry Rubio Cardin Kirk Sanders I rise today to join my colleagues in sure Israel gets the right message at a Carper Klobuchar Schumer urging the Senate to adopt this resolu- time of need, please vote against this Casey Kyl Shaheen tion and replenish the disaster relief amendment because it will hurt our re- Chambliss Landrieu Snowe fund without further delay. lationship. Coats Lautenberg Stabenow Cochran Leahy Tester To so many people struck by disaster The PRESIDING OFFICER. Who Collins Levin Udall (CO) this year, this fund is a life preserver yields time? Conrad Lieberman Udall (NM) to help carry them over until they can The Senator from Kentucky is recog- Coons Lugar Warner get back on their feet and begin the nized. Corker Manchin Webb Cornyn McCain Whitehouse long, hard road to recovery. Without Mr. PAUL. Madam President, I think Crapo McCaskill Wyden assistance from this fund, many dis- we ought to make just one clarification aster survivors would have no place to of fact. Israel gets all their foreign aid NOT VOTING—2 Heller Kohl live due to damaged and exposed in the beginning of the year. They get homes; critical commuting routes it differently than any other country. The PRESIDING OFFICER. On this would remain impassable; and debris This amendment will not affect any vote, the yeas are 20, the nays are 78. would mar communities and morale for funding to Israel. This funding will Under the previous order requiring 60 months on end. take away a percentage. It is about 10 votes for the adoption of this amend- We are not just talking about a few percent of foreign aid. ment, the amendment is rejected. disaster areas. This year seems like a Foreign aid or welfare is opposed by The majority leader is recognized. record for major disasters, affecting all 77 percent of Americans. Even if you Mr. REID. Before I recite the unani- parts of our country. Nearly every thought it was a good idea to give wel- mous consent request that I hope will State has sought and received assist- fare to foreign countries, you do not be approved, what we intend to do is ance, which is why the fund is now per- have it. So you are borrowing this have a vote on final passage of the ilously low. It has dwindled to about money from China or you are printing joint resolution now before us, 10 min- $377 million. At this rate, Senate ap- it up and you are adding to the debt. utes of debate, there will be votes on propriators say the fund may last for Our country faces a debt crisis. We are two amendments and then final pas- just days. borrowing $40,000 a second. I think it is sage. So we have four more votes and As I speak, wildfires are still blazing unwise, when bridges are falling down we should be finished. through drought stricken central and being closed in Louisville, KY, to I wish to express my appreciation to Texas. The worst wildfire in Texas his- send money to other countries, par- everyone. You will note in my last two tory closed area schools down last ticularly money we are borrowing and speeches I made before the Senate yes- week, 1,500 homes were destroyed in printing. terday and today, I said a lot of nice hundreds of fires, and tens of thousands I urge the support of my amendment things about Republicans, the reason of acres have been scorched. to eliminate the 10 percent of foreign being that is how we have accom- My home State of Connecticut was aid. I think it is a very reasonable pro- plished a lot. We got a decent bill from among those affected when Hurricane posal. the House and we have been able to Irene swept ashore at the end of Au- The PRESIDING OFFICER. Under move forward on this legislation. gust, bringing gale force winds and the previous order, the question is on The Republican leader and I had tidal surges that knocked out power agreeing to the Paul amendment No. quite a long conversation here in the for days in many areas, damaged mil- 613. well. We have a lot of work to do, but lions of dollars worth of property, and Mr. MCCAIN. I ask for the yeas and we want to do it together. So the co- left whole communities under water. nays. operation we have had this week by The PRESIDING OFFICER. Is there a And when Irene struck, it didn’t just both Democrats and Republicans has touch down in one State or two. It sufficient second? been extremely important. There appears to be a sufficient sec- sideswiped practically the entire east- ond. UNANIMOUS CONSENT AGREEMENT—H.R. 2887 ern seaboard from North Carolina to The clerk will call the roll. Mr. REID. Madam President, I ask Maine. The legislative clerk called the roll. unanimous consent that at a time to be In Connecticut alone, the early pre- Mr. DURBIN. I announce that the determined by me, after consultation liminary and therefore probably low es- Senator from Wisconsin (Mr. KOHL) is with the Republican leader, the Senate timates of damage from this single dis- necessarily absent. proceed to consideration of Calendar aster are around $300 million. Mr. KYL. The following Senator is No. 167; that the only first-degree These major calamities only take us necessarily absent: the Senator from amendments in order to the bill be the back to the last week of August. Nevada (Mr. HELLER). following, the text of which are at the In June and July, record flooding on The PRESIDING OFFICER. Are there desk: Paul regarding limitation of the Mississippi and Missouri Rivers dis- any other Senators in the Chamber de- highway trust fund; Paul regarding placed thousands of people and ravaged siring to vote? FAA funding levels; that there be up to land throughout the West and Midwest.

VerDate Mar 15 2010 02:42 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.042 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5664 CONGRESSIONAL RECORD — SENATE September 15, 2011 A string of tornadoes ripped through bursement for debris removal, emer- utes of debate on Reid amendment No. the Southeast and Midwest in April, gency response and protective meas- 602. Who yields time? killing hundreds of people, destroying ures, and other critical needs. But The Senator from Louisiana. countless homes and businesses and FEMA has essentially had to begin ra- Ms. LANDRIEU. Madam President, I costing billions of dollars. A third of tioning aid. That is just plain wrong. would like to speak for final passage. I Joplin, MO, was wiped out, and that The people who suffer in one disaster would like to speak last. community continues to struggle to re- are no more or less entitled to aid than Is there anyone who wants to speak build. those who suffer in another disaster. in opposition? In February, the Midwest and North- We are a humane country, not a selec- The PRESIDING OFFICER. Is there east were buried under 2 feet of snow. tively humane country. someone to speak in opposition? That is not an exhaustive list, but As I said when I toured flooded Ms. LANDRIEU. If not, then I will the point is that these disasters have homes on the Connecticut shore 2 take the time to close. I wanted to say been equal opportunity ravagers, af- weeks ago, the Federal Government thanks to several Members, many fecting almost every State in the does not default on its obligations— Members on my side who have helped Union this year. In fact, the President whether we are talking about debts to this week to clarify this issue and to has declared this year a state of emer- foreign nations or promised aid to its build support for disaster funding for gency in 47 States! Only Nevada, West own citizens in need, through no fault the 48 States that are currently experi- Virginia, and Michigan have been of their own. encing devastation. spared. I have faith my colleagues will come I wish to thank Members on the So the replenishment of the disaster together across party lines, as we have other side of the aisle, particularly relief fund should not divide us along done so many times in the past, to re- Senators BLUNT, VITTER, RUBIO, others, partisan lines. Nor should it divide us plenish FEMA’s disaster relief fund, Senator SNOWE who have left their among geographic lines, or city versus which was designed to help make peo- voice and their vote to help us get to rural lines. This fund has been tapped ple whole again after major disasters. this point. I particularly wish to thank by almost every one of our States, and Mr. LEVIN. Madam President, we Senator BLUNT for spending 15 minutes I know that the people of Connecticut soon will vote on a measure that in- on the floor today saying how crucial were relieved when they learned that cludes two significant pieces of legisla- this is not only to his State of Missouri the Federal Government would help tion. I support passage of both—one but to the whole country. them get their lives back on track. I that upholds our duty to assist Ameri- I wish to thank the Members on my suspect the citizens of every other cans coping with natural disasters, and side, Senators LEAHY and SCHUMER and State that received disaster relief one that upholds our duty as Ameri- HAGAN and others who have helped so funds were similarly grateful. cans to speak out against oppression much this week—Senator SHAHEEN, Frankly, it doesn’t really matter if 2 and abuse around the world. who has been at all the press con- States or 47 States have been declared The first measure provides emer- ferences, Senator SANDERS. disaster areas. Helping people in need gency supplemental funding for dis- Let me say this is the only vehicle— is what our Government does. The aster relief and recovery efforts. Con- the only vehicle—we have before us to whole point of a federal government is gress must do its job to appropriate do long-term full funding for the dis- to handle challenges that individual emergency funding for disaster re- aster relief. This bill will provide help States, much less individual commu- sponse and recovery quickly and to Nebraska, to Minot, ND, to New nities, cannot. The defense of our Na- thoughtfully, as we have done numer- York, to the east coast, to Tuscaloosa, tion is first and foremost among these ous times in the past. I will vote for AL, Joplin, MO. Federal responsibilities, but so is pro- this measure because the $6.9 billion in If we do not vote for this, the DRF viding aid to people and States fol- emergency supplemental funding for funding will be empty. This money lowing a natural or man-made disaster disaster relief and recovery is nec- gives us not only additional funding for that takes as heavy a toll as this year’s essary to help families and businesses disaster relief, but it also provides an disasters have. bounce back from catastrophic loss, to additional $1.1 billion for the Corps of Congress has a long history of rebuild damaged infrastructure, to re- Engineers and funding for a few other supplementing the disaster relief fund spond to emergencies, to restore for- programs that are essential to rebuild- to cover those in need. From 2003 to ests and watersheds damaged by dis- ing. 2010, $12.3 billion was appropriated aster, and to improve flood control I ask unanimous consent for an addi- through the regular appropriations structures. Importantly, this legisla- tional 30 seconds. process. But six times that much—$73.4 tion does not set the bad precedent of The PRESIDING OFFICER. Without billion—was appropriated through sup- requiring an offset in order to help objection, it is so ordered. plemental funding. communities and families when dis- Ms. LANDRIEU. Since there is no op- It should be noted that only a small aster strikes. position that is going to speak, I would part of the administration’s request The second measure would renew like to take those 2 minutes as well. seeks supplemental funding. The bulk sanctions against Burma by extending This is a very important vote. I know of the request is for fiscal year 2012, the import restrictions put in place there are some people who think we and the aid requested constitutes dis- under the Burmese Freedom and De- should have gone through a regular aster relief within the meaning of the mocracy Act of 2003. process. The last time we went through Budget Control Act, which allows dis- While the Burmese government has a regular process, with individual votes cretionary spending levels to be raised shown some recent signs of a willing- coming to the floor by October 1, was up to a certain limit—a limit that is ness to implement meaningful reforms, 1994. It is 2011. As the appropriator, the not breached by the administration’s legitimate questions regarding its com- chair of this committee, I knew that request. mitment to these reforms as well as was not a way to go to bring quick re- Already FEMA has had to start continuing concerns about the ongoing lief to the disaster victims who need prioritizing its relief activities so that detention of political prisoners and help. those in most immediate need can be about serious human rights violations So the stand-alone approach, sending assisted. In other words, longer term justify the renewal of these sanctions. a strong vote from the Senate today, recovery projects not yet in the FEMA I urge my colleagues to approve this will help us negotiate with the House. pipeline have been put on hold. That is important measure as a reaffirmation They have a different idea. I happen how low the reserves are in the disaster of our concern for those here at home not to agree with their idea. They are recovery fund. who are struck by disaster, and for entitled to their own idea. We are enti- Current and future survivors will those abroad who suffer under oppres- tled to our own idea, and our own idea continue to receive assistance to help sion. is with Democrats and Republicans replace or repair damages to property AMENDMENT NO. 602 voting yes on this Burma sanctions or cover other personal losses. States The PRESIDING OFFICER. Under bill, we can send reliable, long-term will also continue to receive reim- the previous order, there is now 2 min- funding.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.045 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5665 In closing, let me tell you what the tion, H.J. Res. 66, as amended, is Provided further, That such amount is des- alternative is if you vote no. If you passed, and the motion to reconsider is ignated by Congress as being for disaster relief vote no on this and think you can go considered made and laid upon the pursuant to section 251(b)(2)(D) of the Balanced home and tell your people you helped table. Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended. them, you are going to be faced next The joint resolution (H.J. Res. 66), as week with a vote to give your people 6 amended, was passed, as follows: TITLE II DEPARTMENT OF COMMERCE weeks of disaster funding. That is how H.J. RES. 66 long the continuing resolution lasts. Resolved, That the resolution from the ECONOMIC DEVELOPMENT ADMINISTRATION Believe me, having had to rebuild a House of Representatives (H.J. Res. 66) enti- ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS good part of our State, you cannot do tled ‘‘Joint resolution approving the renewal For an additional amount for ‘‘Economic De- it 6 weeks at a time. I strongly suggest of import restrictions contained in the Bur- velopment Assistance Programs’’ for expenses you give a strong vote for disaster vic- mese Freedom and Democracy Act of 2003.’’, related to disaster relief, long-term recovery, tims, long-term funding they can rely do pass with the following amendment: and restoration of infrastructure in areas that on, and we negotiate with the House Strike all after the resolving clause and in- received a major disaster designation in 2011 next week. sert the following: pursuant to the Robert T. Stafford Disaster Re- The PRESIDING OFFICER (Mr. DIVISION A—RENEWAL OF IMPORT RE- lief and Emergency Assistance Act (42 U.S.C. 5122(2)), $135,000,000, to remain available until FRANKEN). The question is on agreeing STRICTIONS UNDER BURMESE FREE- DOM AND DEMOCRACY ACT OF 2003 expended: Provided, That the amount in this to the Reid amendment No. 602. paragraph shall not become available for obliga- Mr. DURBIN. Mr. President, I ask for SECTION 1. RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE FREEDOM AND DE- tion until October 1, 2011: Provided further, the yeas and nays. MOCRACY ACT OF 2003. That such amount is designated by Congress as The PRESIDING OFFICER. Is there a (a) IN GENERAL.—Congress approves the re- being for disaster relief pursuant to section sufficient second? newal of the import restrictions contained in 251(b)(2)(D) of the Balanced Budget and Emer- There is a sufficient second. section 3(a)(1) and section 3A (b)(1) and (c)(1) of gency Deficit Control Act of 1985 (Public Law The clerk will call the roll. the Burmese Freedom and Democracy Act of 99–177), as amended. The assistant legislative clerk called 2003. TITLE III the roll. (b) RULE OF CONSTRUCTION.—This division DEPARTMENT OF DEFENSE—CIVIL Mr. DURBIN. I announce that the shall be deemed to be a ‘‘renewal resolution’’ for DEPARTMENT OF THE ARMY Senator from Wisconsin (Mr. KOHL) is purposes of section 9 of the Burmese Freedom necessarily absent. and Democracy Act of 2003. CORPS OF ENGINEERS—CIVIL The PRESIDING OFFICER. Are there SEC. 2. EFFECTIVE DATE. MISSISSIPPI RIVER AND TRIBUTARIES any other Senators in the Chamber de- This division shall take effect on the date of For an additional amount for ‘‘Mississippi siring to vote? the enactment of this joint resolution or July 26, River and Tributaries’’ for expenses resulting The result was announced—yeas 62, 2011, whichever occurs earlier. from a major disaster designation pursuant to nays 37, as follows: DIVISION B—SUPPLEMENTAL the Robert T. Stafford Disaster Relief and Emer- [Rollcall Vote No. 135 Leg.] APPROPRIATIONS gency Assistance Act (42 U.S.C. 5122(2)), $890,177,300, to remain available until expended YEAS—62 The following sums are appropriated, out of any money in the Treasury not otherwise appro- for repair of damages to Federal projects: Pro- Akaka Hagan Nelson (FL) priated, to provide emergency supplemental ap- vided, That the amount in this paragraph shall Baucus Harkin Pryor not become available for obligation until Octo- Begich Heller Reed propriations for disaster relief for the fiscal year Bennet Hoeven ending September 30, 2011, and for other pur- ber 1, 2011: Provided further, That the Assistant Reid Secretary of the Army for Civil Works shall pro- Bingaman Inouye Rockefeller poses, namely: vide a monthly report to the Committees on Ap- Blumenthal Johnson (SD) Rubio TITLE I Blunt Kerry propriations of the House of Representatives Sanders DEPARTMENT OF AGRICULTURE Boxer Klobuchar Schumer and the Senate detailing the allocation and obli- Brown (MA) Landrieu Shaheen FARM SERVICE AGENCY gation of these funds, beginning not later than Brown (OH) Lautenberg Snowe 60 days after enactment of this Act: Provided Cantwell Leahy EMERGENCY CONSERVATION PROGRAM Cardin Levin Stabenow For ‘‘Emergency Conservation Program’’ for further, That each amount in this paragraph is Carper Lieberman Tester expenses resulting from a major disaster des- designated by Congress as being for disaster re- Toomey Casey Manchin ignation pursuant to the Robert T. Stafford Dis- lief pursuant to section 251(b)(2)(D) of the Bal- Udall (CO) Collins McCaskill aster Relief and Emergency Assistance Act (42 anced Budget and Emergency Deficit Control Conrad Menendez Udall (NM) Act of 1985 (Public Law 99–177), as amended. Coons Merkley Vitter U.S.C. 5122(2)), $78,000,000, to remain available OPERATION AND MAINTENANCE Durbin Mikulski Warner until expended: Provided, That the amount in Feinstein Murkowski Webb this paragraph shall not become available for For an additional amount for ‘‘Operation and Franken Murray Whitehouse obligation until October 1, 2011: Provided fur- Maintenance’’, $60,000,000, to remain available Gillibrand Nelson (NE) Wyden ther, That such amount is designated by Con- until expended to dredge navigation channels NAYS—37 gress as being for disaster relief pursuant to sec- and repair damage to Corps projects nationwide tion 251(b)(2)(D) of the Balanced Budget and related to natural disasters: Provided, That the Alexander Enzi McCain Emergency Deficit Control Act of 1985 (Public Ayotte Graham McConnell Assistant Secretary of the Army for Civil Works Barrasso Grassley Moran Law 99–177), as amended. shall provide a monthly report to the Commit- Boozman Hatch Paul EMERGENCY FOREST RESTORATION PROGRAM tees on Appropriations of the House of Rep- Burr Hutchison Portman For ‘‘Emergency Forest Restoration Pro- resentatives and the Senate detailing the alloca- Chambliss Inhofe Risch tion and obligation of these funds, beginning Coats Isakson gram’’, for expenses resulting from a major dis- Roberts aster designation pursuant to the Robert T. not later than 60 days after enactment of this Coburn Johanns Sessions Act: Provided further, That the amount in this Cochran Johnson (WI) Stafford Disaster Relief and Emergency Assist- Shelby Corker Kirk ance Act (42 U.S.C. 5122(2)), $49,000,000, to re- paragraph is designated by Congress as being Thune Cornyn Kyl for an emergency requirement pursuant to sec- Wicker main available until expended: Provided, That Crapo Lee the amount in this paragraph shall not become tion 3(c)(1) of H. Res. 5 (112th Congress) and to DeMint Lugar available for obligation until October 1, 2011: section 403(a) of S. Con. Res. 13 (111th Con- NOT VOTING—1 Provided further, That such amount is des- gress), the concurrent resolution on the budget for fiscal year 2010. Kohl ignated by Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced For an additional amount for ‘‘Operation and The PRESIDING OFFICER. On this Budget and Emergency Deficit Control Act of Maintenance’’ for expenses resulting from a vote the yeas are 62, the nays are 37. 1958 (Public Law 99–177), as amended. major disaster designation pursuant to the Rob- ert T. Stafford Disaster Relief and Emergency Under the previous order requiring 60 NATURAL RESOURCES CONSERVATION SERVICE votes for the adoption of this amend- Assistance Act (42 U.S.C. 5122(2)) to dredge EMERGENCY WATERSHED PROTECTION PROGRAM ment, the amendment is agreed to. navigation channels and repair damage to The amendment was ordered to be For ‘‘Emergency Watershed Protection Pro- Corps projects nationwide related to natural dis- gram’’ for expenses resulting from a major disasters, $88,003,700, to remain available until ex- engrossed and the joint resolution to aster designation pursuant to the Robert T. pended: Provided, That the amount in this be read a third time. Stafford Disaster Relief and Emergency Assist- paragraph shall not become available for obliga- The joint resolution was read the ance Act (42 U.S.C. 5122(2)), $139,000,000, to re- tion until October 1, 2011: Provided further, third time. main available until expended: Provided, That That the Assistant Secretary of the Army for The PRESIDING OFFICER. Under the amount in this paragraph shall not become Civil Works shall provide a monthly report to the previous order, the joint resolu- available for obligation until October 1, 2011: the Committees on Appropriations of the House

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 6333 E:\CR\FM\G15SE6.046 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5666 CONGRESSIONAL RECORD — SENATE September 15, 2011 of Representatives and the Senate detailing the Disaster Relief Appropriations Resolution, The legislative clerk read as follows: allocation and obligation of these funds, begin- 2011’’. A bill (H.R. 2887) to provide an extension of ning not later than 60 days after enactment of TITLE V surface and air transportation programs, and this Act: Provided further, That each amount in DEPARTMENT OF HOUSING AND URBAN for other purposes. this paragraph is designated by Congress as DEVELOPMENT being for disaster relief pursuant to section The PRESIDING OFFICER. The ma- COMMUNITY PLANNING AND DEVELOPMENT 251(b)(2)(D) of the Balanced Budget and Emer- jority leader. gency Deficit Control Act of 1985 (Public Law COMMUNITY DEVELOPMENT FUND Mr. REID. Mr. President, I ask unan- 99–177), as amended. For an additional amount for the ‘‘Commu- imous consent that the three votes nity Development Fund’’, for necessary ex- FLOOD CONTROL AND COASTAL EMERGENCIES that will come soon be limited to 10 penses related to disaster relief, long-term recov- For an additional amount for ‘‘Flood Control minutes each. ery, and restoration of infrastructure, housing, The PRESIDING OFFICER. Without and Coastal Emergencies’’, as authorized by sec- and economic revitalization resulting from a tion 5 of the Act of August 18, 1941 (33 U.S.C. major disaster designation pursuant to the Rob- objection, it is so ordered. 701n), for necessary expenses to prepare for ert T. Stafford Disaster Relief and Emergency Under the previous order, there will flood, hurricane and other natural disasters and Assistance Act (42 U.S.C. 5122(2)) in 2011, be 10 minutes of debate equally divided support emergency operations, repair and other $100,000,000, to remain available until expended, between the Senator from Kentucky, activities in response to recent natural disasters for activities authorized under title I of the Mr. PAUL, and the Senator from Ne- as authorized by law, $244,000,000, to remain Housing and Community Development Act of vada, Mr. REID, or their designees. available until expended: Provided, That the 1974 (Public Law 93–383): Provided, That the Assistant Secretary of the Army for Civil Works The PRESIDING OFFICER. The Sen- amount in this paragraph shall not become ator from Kentucky. shall provide a monthly report to the Commit- available for obligation until October 1, 2011: tees on Appropriations of the House of Rep- Provided further, That such amount is des- AMENDMENTS NOS. 621 AND 622 resentatives and the Senate detailing the alloca- ignated by Congress as being for disaster relief Mr. PAUL. Mr. President, I ask unan- tion and obligation of these funds, beginning pursuant to section 251(b)(2)(D) of the Balanced imous consent to call up en bloc my not later than 60 days after enactment of this Budget and Emergency Deficit Control Act of amendments Nos. 621 and 622. Act: Provided further, That the amount in this 1985 (Public Law 99–177), as amended: Provided The PRESIDING OFFICER. Without paragraph is designated by Congress as being further, That funds shall be awarded directly to objection, the clerk will report the for an emergency requirement pursuant to sec- the State or unit of general local government at tion 3(c)(1) of H. Res. 5 (112th Congress) and to amendments by number. the discretion of the Secretary: Provided fur- The legislative clerk read as follows: section 403(a) of S. Con. Res. 13 (111th Con- ther, That prior to the obligation of funds a gress), the concurrent resolution on the budget grantee shall submit a plan to the Secretary de- The Senator from Kentucky [Mr. PAUL] for fiscal year 2010. tailing the proposed use of all funds, including proposes en bloc amendments numbered 621 For an additional amount for ‘‘Flood Control criteria for eligibility and how the use of these and 622. and Coastal Emergencies’’, for expenses result- funds will address long-term recovery and res- Mr. PAUL. Mr. President, I ask unan- ing from a major disaster designation pursuant toration of infrastructure: Provided further, imous consent that reading of the to the Robert T. Stafford Disaster Relief and That funds provided under this heading may be amendments be dispensed with. Emergency Assistance Act (42 U.S.C. 5122(2)) used by a State or locality as a matching re- The PRESIDING OFFICER. Without and as authorized by section 5 of the Act of Au- quirement, share, or contribution for any other gust 18, 1941 (33 U.S.C. 701n), for necessary ex- objection, it is so ordered. Federal program: Provided further, That such The amendments are as follows: penses to prepare for flood, hurricane and other funds may not be used for activities reimburs- natural disasters and support emergency oper- able by, or for which funds are made available AMENDMENT NO. 621 ations, repair and other activities in response to by, the Federal Emergency Management Agency (Purpose: To limit the amount authorized to recent natural disasters as authorized by law, or the Army Corps of Engineers: Provided fur- be expended from the Highway Trust Fund $66,387,000, to remain available until expended: ther, That funds allocated under this heading in any fiscal year to the amount antici- Provided, That the amount in this paragraph shall not adversely affect the amount of any pated to be deposited into the Highway shall not become available for obligation until formula assistance received by a State or sub- Trust Fund in that fiscal year) October 1, 2011: Provided further, That the As- division thereof under the Community Develop- On page 38, line 24, strike ‘‘(d)’’ and insert sistant Secretary of the Army for Civil Works ment Fund: Provided further, That a State or the following: shall provide a monthly report to the Commit- subdivision thereof may use up to 5 percent of (d) LIMITATION ON HIGHWAY TRUST FUND tees on Appropriations of the House of Rep- its allocation for administrative costs: Provided EXPENDITURES.—Notwithstanding any other resentatives and the Senate detailing the alloca- further, That in administering the funds under provision of law, the amount authorized to tion and obligation of these funds, beginning this heading, the Secretary of Housing and be expended or transferred during a fiscal not later than 60 days after enactment of this Urban Development may waive, or specify alter- year from the Highway Trust Fund, estab- Act: Provided further, That each amount in this native requirements for, any provision of any lished under section 9503 of the Internal Rev- paragraph is designated by Congress as being statute or regulation that the Secretary admin- enue Code of 1986, may not exceed the for disaster relief pursuant to section isters in connection with the obligation by the amount appropriated, transferred, or other- 251(b)(2)(D) of the Balanced Budget and Emer- Secretary or the use by the recipient of these wise made available to the Highway Trust gency Deficit Control Act of 1985 (Public Law funds or guarantees (except for requirements re- Fund during such fiscal year, based on esti- 99–177), as amended. lated to fair housing, nondiscrimination, labor mates made by the Congressional Budget Of- TITLE IV standards, and the environment), upon a re- fice. DEPARTMENT OF HOMELAND SECURITY quest by a State or subdivision thereof explain- (e) FEDERAL EMERGENCY MANAGEMENT AGENCY ing why such waiver is required to facilitate the AMENDMENT NO. 622 use of such funds or guarantees, if the Secretary (Purpose: To decrease the authorization of DISASTER RELIEF finds that such waiver would not be incon- For an additional amount for ‘‘Disaster Re- appropriations for the Federal Aviation sistent with the overall purpose of title I of the Administration to fiscal year 2008 levels) lief’’, $500,000,000, to remain available until ex- Housing and Community Development Act of At the end of title II, add the following: pended: Provided, That the amount in this 1974: Provided further, That the Secretary shall paragraph is designated by Congress as being publish in the Federal Register any waiver of SEC. 210. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL AVIATION ADMINIS- for an emergency requirement pursuant to sec- any statute or regulation that the Secretary ad- tion 3(c)(1) of H. Res. 5 (112th Congress) and to TRATION AT FISCAL YEAR 2008 LEV- ministers pursuant to title I of the Housing and ELS. section 403(a) of S. Con. Res. 13 (111th Con- Community Development Act of 1974 no later Notwithstanding the provisions of, or gress), the concurrent resolution on the budget than 5 days before the effective date of such amendments made by, this title, or any for fiscal year 2010. waiver. other provision of law, there are authorized For an additional amount for the ‘‘Disaster This division may be cited as the ‘‘Emergency to be appropriated to the Federal Aviation Relief’’ for expenses resulting from a major dis- Supplemental Disaster Relief Appropriations Administration for the period beginning on aster designation pursuant to the Robert T. Resolution, 2011’’. September 17, 2011, and ending on January Stafford Disaster Relief and Emergency Assist- f 31, 2012, for all purposes (other than for the ance Act (42 U.S.C. 5122(2)), $4,600,000,000, to re- Airport and Airway Trust Fund established main available until expended: Provided, That SURFACE AND AIR TRANSPOR- under section 9502 of the Internal Revenue the amount in this paragraph shall not become TATION PROGRAMS EXTENSION Code of 1986) amounts not to exceed the available for obligation until October 1, 2011: ACT OF 2011 amounts authorized to be appropriated to Provided further, That such amount is des- the Administration for the period beginning ignated by Congress as being for disaster relief Mr. REID. Mr. President, I move to on September 17, 2007, and ending on January pursuant to section 251(b)(2)(D) of the Balanced proceed to H.R. 2887 under the terms of 31, 2008, for such purposes. Budget and Emergency Deficit Control Act of the previous order. 1985 (Public Law 99–177), as amended. This Act The PRESIDING OFFICER. The Mr. PAUL. Mr. President, we are con- may be cited as the ‘‘Emergency Supplemental clerk will report the bill by title. sidering today the highway bill and the

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.015 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5667 FAA bill. The highway bill is a trust The PRESIDING OFFICER. Senator are going to win that amendment. On fund. When we hear the words ‘‘trust REID has 5 minutes total under his con- transportation, Senator PAUL has of- fund,’’ we should have trust that trol. fered an amendment that technically money is only spent on highways. Un- Mrs. BOXER. That is what I said, 21⁄2 doesn’t do anything, but it is his in- fortunately, that money has been spent minutes and 21⁄2 minutes. tent, as he said, to cut the funding by through the years on other items. The The PRESIDING OFFICER. Without one-third. same applies to the Social Security objection, it is so ordered. If that amendment were to pass, and trust fund and with the Medicare trust Mrs. HUTCHISON. If I can clarify, I if his intent was carried out, it would fund. It is all sent to the General think the Senator from California is mean we would lose 608,000 jobs right Treasury, and it is not protected. saying the highway bill will get 21⁄2 away—608,000 jobs right away. We can’t What I am asking today through this minutes, and we will agree to split our afford to do that. amendment to the highway bill is that time with the ranking members. The funding is in this bill. There is we keep the trust fund separate and Mrs. BOXER. That is correct. no need to cut this bill. It is paid for, the trust fund spends only money that The PRESIDING OFFICER. Without and we are ready to go. Republicans comes in from the gas tax. If we con- objection, it is so ordered. and Democrats on the Environment tinue to spend money that is not com- The Senator from West Virginia. and Public Works Committee are in ing in from the gas tax, this will be Mr. ROCKEFELLER. Mr. President, I agreement on a clean extension. money borrowed from China or simply rise in opposition—very strong opposi- I thank my ranking member. As ev- printed, and there are ramifications to tion—to the Paul amendment. The eryone knows, we do not see eye to eye borrowing $40,000 a second. Senate voted on this earlier this year on the environment, and that is an un- So my amendment to the highway and turned it down very emphatically. derstatement. bill would say we only spend what The Federal Aviation Administration, The PRESIDING OFFICER. The Sen- comes in through taxes. I consider this FAA, is taken for granted by some. ator has used her allotted time. to be responsible budgeting and what They just assume there will always be Mrs. BOXER. On infrastructure, we we should be doing and likely what we money and everything can go on con- are together. We want a clean exten- were probably obligated under the stantly. The Senate has rejected this. sion. We fight for these jobs and these original trust agreement to do. So I The FAA has raised very substantial businesses. urge passage of this amendment which concerns publicly—but more impor- I thank the Chair, and I yield the re- would limit the highway trust fund to tantly, from my point of view, to me mainder of my time to the ranking that amount of funds coming in privately—that at all levels they will member. through taxes. have to start compromising safety, al- The PRESIDING OFFICER. The Sen- My second amendment is to the FAA though they will not intend to, and ator from Oklahoma. bill. This amendment says spending in eventually we will put FAA at risk. Mr. INHOFE. We have two amend- the FAA bill go to 2008 levels. Since It is a very bad and dangerous ments we are talking about now in a 2008, spending in our government has amendment—a mischievous amend- short period of time. First, I will sup- gone up 25 percent. We are mounting a ment—and it should be defeated. port the FAA amendment. I think Sen- The PRESIDING OFFICER. The Sen- deficit of $1.5 trillion. Our Nation’s ator PAUL has a good idea. ator from Texas. debt is $14 trillion. There are signifi- I would only say this: I want my Re- Mrs. HUTCHISON. Mr. President, I cant ramifications to incurring so publican conservatives to listen care- urge my colleagues not to support the much debt. fully. This is totally different than any Paul amendment on FAA. Although I other bill because what this is—there is The debt does have a face—it is the understand what he is trying to do, to adequate money right now in the high- face of unemployment. Economists bring it down, this is a clean extension way trust fund to carry out the exist- have said our debt burden is leading to that has been passed by the House. The ing spending until 2013. So I would only our losing 1 million jobs a year; that 1 House has gone out for the weekend, say that money is dedicated for that million people are out of work because and the FAA authorization lapses to- purpose, and it is going to be spent for of the debt we carry. Economists have morrow. We have had a shutdown of that purpose. Anything that came from also said this debt burden, when it is the FAA in the last 6 weeks and it dis- a source other than a gas tax was paid for through the printing of money, rupts airport expansions, and it dis- merely paid back from money bor- leads to higher prices in the stores. Our rupts the FAA itself. rowed out of the trust fund. So from a gas prices have doubled not because gas We will work with Senator PAUL to moral standpoint, this should be spent is more precious but because our dollar make sure we are doing everything we on infrastructure on the highway bill— is less precious. Our dollar is less pre- can to cut the FAA budget, but this is on the extension. Then we will be able cious because we are paying for a debt a clean 2011 extension, with no addi- to talk about something more impor- by inflating the currency. tions, and I urge my colleagues to sup- tant, which is the bill coming up, and What this amendment asks is that we port the bill without the amendment. that will be the permanent one. go back to 2008 levels, which, believe it The PRESIDING OFFICER. The Sen- So I think it is not going to make or not, if we did this through the entire ator from California. any difference. I will oppose it on con- government, will still not balance the Mrs. BOXER. Mr. President, if you cept because that money is dedicated budget. This is a modest proposal. It is can tell me when I have finished with for a purpose and paid for by people the very least we can do if we believe 11⁄2 minutes, please. who believe we are going to improve in a responsible budget and that we The PRESIDING OFFICER. Yes. our highways. must balance our budget. Mr. INHOFE. Point of inquiry, Mr. The PRESIDING OFFICER. The Sen- The second amendment would take President. At some point I want 30 sec- ator from Kentucky has 2 minutes. spending to 2008 levels, and I encourage onds, if we can figure out how to do Mr. PAUL. Mr. President, I am satis- the Senate to pass these amendments. that. fied, and I would ask for the yeas and The PRESIDING OFFICER. The Sen- Mrs. BOXER. I will reserve the rest nays. ator from California. of the time for the Senator to close. So The PRESIDING OFFICER. Is there a Mrs. BOXER. Mr. President, the ma- tell me when I have used that 11⁄2 min- sufficient second? jority leader has asked that Senator utes, and the Senator will have 1 There is a sufficient second. ROCKEFELLER have 21⁄2 minutes of the minute left. The question is on agreeing to time that remains on our side, which Today, Mr. President, was a very Amendment No. 621. shall be divided, and I will have the 21⁄2 rough day for us to get to this moment. The yeas and nays have been ordered. minutes to speak about the highway I thank everyone who came together to The clerk will call the roll. amendment, which I would share that, finally get this moving. The legislative clerk called the roll. if he wants to, with Senator INHOFE. I Let me tell you why we are at a crit- Mr. DURBIN. I announce that the ask unanimous consent that be the ical moment. We clearly have to keep Senator from Wisconsin (Mr. KOHL) is order. the FAA going, and we are. I think we necessarily absent.

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.051 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5668 CONGRESSIONAL RECORD — SENATE September 15, 2011 Mr. KYL. The following Senator is [Rollcall Vote No. 137 Leg.] able to unionize. For decades the necessarily absent: the Senator from YEAS—36 standard has been that a majority of Florida (Mr. RUBIO). Ayotte Graham McConnell employees would have to agree in an The PRESIDING OFFICER. Are there Barrasso Grassley Moran election to form a union. However, the any other Senators in the Chamber de- Blunt Hatch Paul new NMB rules changed that standard Boozman Heller Portman siring to vote? Burr Inhofe Risch so that all it takes to unionize is a ma- The result was announced—yeas 14, Chambliss Isakson Roberts jority of employees voting. The NMB nays 84, as follows: Coburn Johanns Sessions wants to permanently impose unioniza- Corker Johnson (WI) Shelby [Rollcall Vote No. 136 Leg.] Cornyn Kirk Thune tion with less than majority support. YEAS—14 Crapo Kyl Toomey The House passed long-term FAA re- DeMint Lee Vitter Burr Crapo McCain authorization bill includes language I Enzi McCain Wicker Chambliss DeMint Paul strongly support that eliminates this Coats Johnson (WI) Risch NAYS—61 favor for big labor. Coburn Kyl Toomey Akaka Franken Murray The enactment of a long-term FAA Corker Lee Alexander Gillibrand Nelson (NE) reauthorization bill is very important NAYS—84 Baucus Hagan Nelson (FL) and is something we need to accom- Begich Harkin Pryor Akaka Graham Moran Bennet Hoeven plish. However, the NMB issue needs to Alexander Grassley Murkowski Reed Bingaman Hutchison Reid be resolved for long-term FAA reau- Ayotte Hagan Murray Blumenthal Inouye Barrasso Harkin Nelson (NE) Rockefeller thorization to occur. I will work with Boxer Johnson (SD) Sanders Baucus Hatch Nelson (FL) Brown (MA) Kerry my colleagues on a resolution, but they Schumer Begich Heller Portman Brown (OH) Klobuchar should be on notice that avoiding the Shaheen Bennet Hoeven Pryor Cantwell Lautenberg Bingaman Hutchison Reed Snowe issue through 22 short-term extensions Cardin Leahy is no longer an alternative. I hope my Blumenthal Inhofe Reid Carper Levin Stabenow Blunt Inouye Roberts Casey Lieberman Tester friends have a restful weekend, but Boozman Isakson Rockefeller Coats Lugar Udall (CO) they shouldn’t feel too relaxed even Boxer Johanns Sanders Cochran Manchin Udall (NM) though we just extended the FAA for 4 Brown (MA) Johnson (SD) Schumer Collins McCaskill Warner Brown (OH) Kerry Sessions Conrad Menendez Webb months. We need to get back to work Cantwell Kirk Shaheen Coons Merkley Whitehouse on a long-term FAA reauthorization Cardin Klobuchar Shelby Durbin Mikulski Wyden bill right away. Carper Landrieu Snowe Feinstein Murkowski Casey Lautenberg Stabenow Mr. LEAHY. Mr. President, Senators Cochran Leahy Tester NOT VOTING—3 SANDERS, LAUTENBERG, CONRAD, GILLI- Collins Levin Thune Kohl Landrieu Rubio BRAND and I filed an amendment to Conrad Lieberman Udall (CO) Coons Lugar Udall (NM) The PRESIDING OFFICER. On this provide an additional $2.5 billion to the Cornyn Manchin Vitter vote the yeas are 36, the nays are 61. Federal Highway Administration’s Durbin McCaskill Warner Under the previous order requiring 60 Emergency Relief Fund, which is woe- Enzi McConnell Webb fully underfunded right now. In addi- Feinstein Menendez Whitehouse votes, the amendment is rejected. Franken Merkley Wicker Under the previous order, the motion tion, our amendment would waive the Gillibrand Mikulski Wyden to reconsider is considered made and $100 million per State cap on emer- NOT VOTING—2 laid upon the table. gency funding, which has been done for previous disasters, and allow 100 per- Kohl Rubio Mr. LEVIN. Mr. President, I will vote for passage of H.R. 2887, a combined cent Federal reimbursement for dis- The PRESIDING OFFICER. On this FAA and surface transportation exten- aster repair work occurring more than vote, the yeas are 14, the nays are 84. sion bill. 180 days after the disaster. Under the previous order requiring 60 This legislation averts a damaging Nearly 3 weeks ago, Vermont bore votes for the adoption of this amend- shutdown of either program. If we fail the full brunt of then-Tropical Storm ment, the amendment is rejected. to extend these programs, it will mean Irene as it turned gentle mountain Under the previous order, the motion layoffs and the loss of significant rev- streams and valley rivers into raging to reconsider is considered made and enue to fund airport and road pro- torrents of destruction. Whole towns laid upon the table. grams. were cut off from the outside world. VOTE ON AMENDMENT NO. 622 The current FAA extension expires Homes, businesses, farms, water sys- Under the previous order, the ques- tomorrow and the current surface tems, and miles of roads and bridges tion is on agreeing to amendment No. transportation extension expires at the were swept away. And some 622, offered by the Senator from Ken- end of the month, along with the au- Vermonters lost their lives in these tucky, Mr. PAUL. thority to collect the Federal gas taxes devastating floods. Mr. INHOFE. I ask for the yeas and that fund the Highway Trust Fund. Roads, bridges, and rail lines all over nays. Passing this bill quickly and extending the State have been wiped out. Flood- The PRESIDING OFFICER. Is there a the FAA reauthorization for 4 months ing closed more than 300 town and sufficient second? There appears to be and the surface transportation bill for State roads and damaged more than 30 a sufficient second. 6 months allows Congress more time to bridges in Vermont, stranding people The clerk will call the roll. work out the issues that are holding up in more than a dozen towns for days. It The assistant legislative clerk called completing long-term reauthoriza- is going to take years and years for my the roll. tions. small State to recover. Mr. DURBIN. I announce that the Just as important, it keeps thou- In the aftermath, it has been ex- Senator from Wisconsin (Mr. KOHL) and sands of workers on the job, supporting tremely difficult to move emergency the Senator from Louisiana (Ms. LAN- their families. supplies and rebuilding materials DRIEU) are necessarily absent. Mr. HATCH. Mr. President, I want to around, as some of the washed-out Mr. KYL. The following Senator is explain my vote of the FAA extension. roads have gaping gullies in the middle necessarily absent: the Senator from As I have said many times, I share that are 30 feet or more deep, and some Florida (Mr. RUBIO). House Transportation and Infrastruc- of the reopened roads and bridges are Further, if present and voting, the ture Committee Chairman MICA’s frus- not yet recommended for heavy traffic. Senator from Florida (Mr. RUBIO) tration, and the frustration of Repub- The consequences have been harsh. would have voted ‘‘yes.’’ lican leadership in both the House and Residents are forced to make 30-mile- The PRESIDING OFFICER (Mr. the Senate, that favors to organized plus detours to the nearest grocery UDALL of Colorado). Are there any labor have overshadowed the prospects store or doctor—on mountain roads, other Senators in the Chamber desiring for long-term FAA reauthorization. some of them unpaved. Businesses are to vote? Last year the National Mediation struggling to reopen and find cus- The result was announced—yeas 36, Board changed the rules under which tomers. Schools have been forced to re- nays 61, as follows: employees of airlines and railroads are main closed until repairs are made.

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.018 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5669 And tourists are worried about trav- The PRESIDING OFFICER. Is there a RELATIVE TO THE DEATH OF THE eling to Vermont this fall to see the fo- sufficient second? HONORABLE MALCOLM WALLOP, liage or this winter to do some skiing. There appears to be a sufficient sec- FORMER SENATOR FROM THE Our small State is stretched to the ond. STATE OF WYOMING limit right now. Winter is fast ap- The clerk will call the roll. Mr. ENZI. Mr. President, I ask unani- proaching, which means the end of the The assistant legislative clerk called mous consent that the Senate now pro- construction season is near. By Novem- the roll. ceed to the consideration of S. Res. 268, ber it will be too cold to lay asphalt, Mr. DURBIN. I announce that the which was submitted earlier today. and by December snow and ice will Senator from Wisconsin (Mr. KOHL), is The PRESIDING OFFICER. The cover the mountains, leaving many necessarily absent. clerk will report the resolution by towns dangerously isolated. We need to Mr. KYL. The following Senator is title. make more permanent repairs as soon The legislative clerk read as follows: as possible or future rains and the fall’s necessarily absent: The Senator from Florida (Mr. RUBIO). A resolution (S. Res. 268) relative to the freeze-thaw cycle will further deterio- death of the Honorable Malcolm Wallop, rate our roads and make them all but Further, if present and voting, the former Senator from the State of Wyoming. Senator from Florida (Mr. RUBIO) impassable this winter. With just There being no objection, the Senate would have voted ‘‘yea.’’ weeks to accomplish so much, we need proceeded to consider the resolution. the full and immediate support of The PRESIDING OFFICER. Are there Mr. ENZI. I ask unanimous consent FEMA, the Department of Transpor- any other Senators in the Chamber de- that the resolution be agreed to, the tation, and many other Federal agen- siring to vote? preamble be agreed to, and the motions cies. The result was announced—yeas 92, to reconsider be laid upon the table. Earlier natural disasters across the nays 6, as follows: The PRESIDING OFFICER. Without Nation have drawn down our emer- [Rollcall Vote No. 138 Leg.] objection, it is so ordered. gency fund accounts, jeopardizing the YEAS—92 The resolution (S. Res. 268) was ability to respond in those States, as agreed to. Akaka Franken Mikulski well as the newly stricken States such Alexander Gillibrand Moran The preamble was agreed to. as Vermont. FEMA has less than $400 Ayotte Graham Murkowski The resolution, with its preamble, million in its disaster account for the Barrasso Grassley Murray reads as follows: Baucus Hagan rest of fiscal year 2011, and the Federal Nelson (NE) S. RES. 268 Begich Highway Administration’s disaster ac- Harkin Nelson (FL) Bennet Hatch Portman Whereas Malcolm Wallop served in the Wy- count is under $200 million. On top of Bingaman Heller Pryor oming House of Representatives from 1969 to that, the Federal highway account al- Blumenthal Hoeven Reed 1972, and in the Wyoming Senate from 1973 to ready has over $1 billion in backlogged Blunt Hutchison Reid 1976; Boozman Inhofe Risch Whereas Malcolm Wallop represented the projects waiting for funding. Since Boxer Inouye Roberts people of the State of Wyoming in the United damage to Vermont’s Federal-aid roads Brown (MA) Isakson Rockefeller Brown (OH) Johanns States Senate with distinction for 18 years, and bridges alone will exceed half a bil- Sanders Burr Johnson (SD) from 1977 to 1995; lion dollars, it is unclear whether the Cantwell Kerry Schumer Whereas, while serving in the Senate, Mal- $2.5 billion we propose in this amend- Cardin Kirk Sessions colm Wallop championed the development of Shaheen ment will even cover all of the costs for Carper Klobuchar space-based anti-missile defense, supported Casey Kyl Shelby declared disasters including Irene. But Snowe legislation to reduce inheritance and gift Chambliss Landrieu taxes, fought to restore fish habitats in the it is a good start. Coats Lautenberg Stabenow We must act quickly to replenish Cochran Leahy Tester United States, and opposed the control of the FEMA’s disaster relief fund, Federal Collins Levin Thune water resources of the State of Wyoming by Conrad Lieberman Udall (CO) the Federal Government; highway’s emergency road fund, and a Udall (NM) variety of other disaster accounts that Coons Lugar Whereas Malcolm Wallop created the Con- Corker Manchin Vitter gressional Award Program in 1979 as a chal- are at dangerously low levels right Cornyn McCain Warner lenge to young people throughout the United Webb now. Without additional funding to Crapo McCaskill States to change the world around them these and other emergency accounts, Durbin McConnell Whitehouse Enzi Menendez Wicker through personal initiative, achievement, Vermont and all of the other 49 States Feinstein Merkley Wyden and service; with ongoing Federal disasters will not Whereas, in 1984, Malcolm Wallop coau- have the resources they need to re- NAYS—6 thored section 1014 of the Tax Reform Act of build. Coburn Johnson (WI) Paul 1984 (Public Law 98-369; 98 Stat. 1015), com- Thousands of American families and DeMint Lee Toomey monly known as the Wallop-Breaux Amend- businesses have been devastated by an NOT VOTING—2 ment, which remains today as the leading unprecedented series of floods, torna- legislative initiative for sport fish restora- Kohl Rubio tion in the United States; does, hurricanes, wildfires, and other Whereas Malcolm Wallop served as chair- natural disasters this year. The people The bill (H.R. 2887) was passed. The PRESIDING OFFICER. Under man of the Select Committee on Ethics, hurting out there are desperate for a ranking member of the Committee on En- helping hand from their fellow Ameri- the previous order, the motion to re- ergy and Natural Resources and the Com- cans. Given the breadth and depth of consider is considered made and laid mittee on Armed Services, chairman of the Irene’s destruction, on top of the ongo- upon the table. Senate Steering Committee, and was the ing disasters already declared in all 50 The Senator from Wyoming. first nonlawyer in the history of the Senate States, we must ensure that FEMA, the to serve on the Committee on the Judiciary; Department of Transportation, and all f Whereas, after retiring from the Senate, Malcolm Wallop founded the Frontiers of of the other Federal agencies involved Freedom Institute to continue addressing in disaster-relief efforts have the re- MORNING BUSINESS the issues he championed as a Senator and to sources they need to help our citizens Mr. ENZI. Mr. President, I ask unani- ensure that the ideals he espoused were not in their desperate time of need. forgotten; and The PRESIDING OFFICER. The mous consent that the Senate proceed Whereas the hallmarks of Malcolm Wal- question is on the third reading of the to a period of morning business, with lop’s public service were conservatism, civil- bill. Senators permitted to speak for up to ity, and working for the western way of life: The bill was ordered to a third read- 10 minutes each, with an exception for Now, therefore, be it ing and was read the third time. myself and the other Senator from Wy- Resolved, That— The PRESIDING OFFICER. Under oming, concerning a tribute to Mal- (1) the Senate has heard with profound sor- colm Wallop, who passed away yester- row and deep regret the announcement of the the previous order, the bill having been death of the Honorable Malcolm Wallop, read the third time, the question is, day, and that we might have such time former member of the Senate; and Shall the bill pass? as needed. (2) the Secretary of the Senate commu- Mrs. FEINSTEIN. I ask for the yeas The PRESIDING OFFICER. Without nicate this resolution to the House of Rep- and nays. objection, it is so ordered. resentatives and transmit an enrolled copy

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.049 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5670 CONGRESSIONAL RECORD — SENATE September 15, 2011 of this resolution to the family of the de- extensive port-a-potties and built an ad ally on arms control. He was an active ceased. that made the point. Of course, we participant in a number of those talks. Mr. ENZI. Mr. President, it was with can’t show videos on the floor, but I Ultimately, the human rights issues a mixture of sadness for his loss and have to describe this ad because it is and Western pressure on them helped gratitude for having known him that I still considered one of the classics of to bring about deliberations on the received the news that Malcolm Wallop running for office. Baltics and Eastern Europe. had passed away yesterday. He was a The camera first shows a cowboy in a Still, no matter where he was or man of strong principles who served blue work shirt and a tattered straw what he was doing, he never lost his over the years with some truly remark- hat saddling and mounting his horse focus on his constituents back home able people, such as Dick Cheney and while the announcer says: and how they were being affected by Al Simpson, to make up some of the Everywhere you look these days, the Fed- what the Federal Government was most influential and strongly united eral Government is there, telling you what doing or proposing. That is why so State delegations I have ever seen. they think, telling you what they think you many in Wyoming will always remem- Those of us who served with him will ought to think, telling you how you ought to ber him as a warrior who fought with remember him with a great deal of do things, setting up rules you can’t follow. all his might to put an end to the bat- fondness as one of the greatest war- I think the Federal Government is going too tle that was going on back then to in- riors from Wyoming and the West who far. Now they say if you don’t take that crease Federal regulations and reduce portable facility on a roundup, you can’t go. have ever served in the Senate. Wheth- State and local control over many fac- er a person agreed with him or not, he At that point, you see the cowboy ets of life in Wyoming and the West. He earned the respect of those he served shake his head in disgust, and then cut knew it had to be stopped, and he did with because it was clear he spoke back to a donkey tied behind the cow- not rest until he made it happen. from the heart with words that re- boy’s horse, and strapped on the don- Malcolm was a true conservative, and flected his commitment to his home key’s back is a portable toilet. The the principles and values that meant so State of Wyoming and our Western way cowboy rides off. much to him helped to set his inner of life. That ad got him noticed and elected, compass and guide and direct him in Malcolm was born in New York and along with his great ability to explain everything he did. His commitment to later attended and graduated from Yale things. conservative values was so strong that University. He immediately felt the After a spirited campaign, Malcolm it led him to create the Republican call to serve his country, and he joined proudly took his oath of office and pre- steering committee, which now in- the Army. Then, when his days in the pared for the challenges that would lie cludes just about all the Republicans in military were over, he returned to his ahead as Wyoming’s newest Senator. the Senate. He knew how important it life as a rancher in Wyoming. It was a Some may have thought it wise to was to create a working group that vocation he took up with great passion start slowly and eventually gain mo- would serve as a sounding board that as it reflected his love of the land and mentum but not Malcolm. He got here would provide guidance and direction his enjoyment of the great outdoors. I and started right to work on what he for the ideas and proposals he and think those long hours spent on his came here to do. Over the years, he other conservatives wanted to offer to ranch gave him the time he needed to served on a long list of committees, control spending, to limit the growth think about that which really and he had an impact on each and of government, and to ensure freedoms mattered to him and to his future. It every one of them. They included the we have all come to cherish as Ameri- must have been there that he began to Energy and Natural Resources Com- cans, to see that they would forever be get his thoughts together and speak his mittee, the Finance Committee, the protected and preserved. mind on a long list of issues that Small Business Committee, the Armed His love of outdoor sports led him to mattered to him and to all of those Services Committee, and the Select champion a tax on hunting and fishing who shared his political philosophy. It Committee on Intelligence. He will equipment that could only be used for led him on a path over the years that also be remembered as the first non- habitat and facilities. Supported by the would see him writing a long list of lawyer to serve on the Judiciary Com- sportsmen, that provision is still in prestigious and popular publications mittee. place, and we protect its use, to be used that got him noticed and quoted Malcolm served for 18 years in the for what it was intended. throughout his long and productive ca- Senate, and the record reflects that he These are just a few of the items you reer. used his time wisely and well. Al- could find on a list of Malcolm’s ac- Malcolm found his home on his though it would be impossible to list complishments in the Senate. There ranch, but he really found his true call- everything he was able to accomplish are many, many more that would be ing when he ran for and won a seat in during his service, quite a few mile- part of the legacy of his service. But the State legislature, first in the house stones stand out that had a great im- there is one more at the top of the list and later on in the Senate. It was in pact not only on his constituents but which I know was closest to his heart the State legislature that he developed on people across the whole country. and which I have to mention before I a well-earned reputation for being a His legislation to cut inheritance and close. thoughtful legislator who became the gift taxes was passed by Congress, an Throughout his life, Malcolm was a voice of his constituents as he worked achievement that was hailed as one of strong believer in the importance of to ensure their concerns were heard the major legislative accomplishments the volunteer spirit. That is why he and heard clearly on a number of issues at that time on tax reform. He also proposed the Congressional Awards that affected them and their daily fought to stop the Federal Govern- program. First of all, it did not cost lives. ment’s effort to control Wyoming’s anything, which he appreciated as a Encouraged by what he had been able water resources and the taking of pri- fiscal conservative. Secondly, it was to do, Malcolm ran for Governor, but vate property. best described as a challenge issued to God needed a legislator, so he lost the Although Malcolm’s career had young people all across the Nation to primary. Malcolm then set his sites on begun right in his own backyard, it get up, get active, and get involved serving in the U.S. Senate. He ran wasn’t long before he had expanded his down the street, down the block, or against a three-term incumbent. He sights and soon began to work on en- across town. It helped young people to knew running for the Senate would not ergy and foreign trade issues which realize that no matter the problem, be easy, but he was always one willing took him to conferences and meetings there was something they could do to to do whatever was needed to ensure he all over the world. He had a great deal help solve it. achieved his objectives. The Senate of success in those efforts as he worked Malcolm proposed the idea, and Con- race proved to be no exception. to strengthen our relationships with gress soon passed it. No other award OSHA, the Occupational Safety and our foreign trade partners. Because of program is quite like it, and no other Health Administration, had come into his concern about our national defense, award like it is issued by Congress. It being and drafted its first regulations. Malcolm was heavily involved in the is not an easy award to earn. I am cer- Malcolm noted the requirements for work that was being done internation- tain that is how Malcolm intended for

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.021 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5671 it to be. Any young American who has Now Malcolm is taken from us all too I want to send my deepest condo- a dream they wish to pursue can earn soon. He will be greatly missed, and he lences to Malcolm’s family back in Wy- one of these important awards. Wheth- will never be forgotten. When I learned oming and around the country: to Isa- er it is a bronze, silver, or gold award, of his passing, my thoughts turned to bel, his wife; to his beloved children, each participant sets his own goal and those Wyoming Senators we have lost Malcolm, Matthew, Amy, and Paul; to works with an adviser to get there, over the last few years: Craig Thomas, his dear sisters, Jeannie and Carolyn. step by step. They set their own stand- Cliff Hansen, and now Malcolm Wallop. I also want to offer my condolences ards in four program areas: volunteer They may be gone, but their memories to all of those folks who worked for public service, personal development, will live on and serve to remind us that Senator Wallop during his years of ex- physical fitness, and exploration. How each and every one of us—Americans traordinary public service. I have met well they do in each of these categories all across this country of ours—has most and have known many over the determines which award they will earn. something to offer to make a difference years. My wife Bobbi served on his very It may be because of Malcolm’s sta- in the world. If we do not do what God first staff in Washington, and last tus as the founder of the program that has sent us here to do, no one else will night she shared with me again what it always seems to me that when the be able to do it for us. we have all come to know: Malcolm gold award winners come to Wash- Diana and I join in sending our heart- was a kind, caring, and extraordinary ington, DC, for the presentation cere- felt sympathy to Malcolm’s family and gentleman. Malcolm’s staff served him mony, there are more Wyoming win- to everyone who knew him personally ably and honorably. ners than those from any other State. or politically or who followed his pub- I know there are also some in this Just like Malcolm, I am very proud of lic life. He was a remarkable individual body today who served alongside Mal- colm Wallop. You no doubt remember the spirit of my State’s young people who fulfilled his life’s dream by work- him well. It was just 4 years ago that and the way they answer this and every ing hard, always giving the best he had Senator Wallop returned here to this challenge—with enthusiasm and deter- to offer, and constantly looking ahead Chamber and attended my own swear- mination to do whatever it takes to to the problems that were looming on ing-in on June 25, 2007. On that day, as succeed. the horizon so they could be addressed In the years to come, the Congres- before they became too difficult to is tradition, Senator Wallop walked sional Awards will continue to be one handle. with me up to the President’s desk to of the best parts of Malcolm Wallop’s At moments such as these, I have al- take the oath. He stood with me during legacy of service to the Nation, and it ways believed there is no greater gift the ceremony and offered private words will inspire and encourage countless we can give to someone who is grieving of encouragement and advice. I was more young people to do whatever they the loss of a loved one than to keep honored that day to have him there can to change the world around them, them in our thoughts and hold them next to me, and it saddens me greatly beginning like Malcolm did, right in gently in our prayers. I have found that to join Senator ENZI to announce his their own backyard. It already has a God has a way of hearing and healing death. Malcolm Wallop was someone I fol- great record of successes, and I cannot us in our darkest hours. May His pres- lowed throughout his career. I admired think of a better way to remember ence now be a source of peace and com- him greatly. He was a man whom many Malcolm Wallop. In fact, it is probably fort to all those who mourn Malcolm’s of us looked up to, as he grew into one how he would most want to be remem- loss. The knowledge that there are so of the most influential legislators of bered. many who will never forget him may, After Malcolm had served three in time, help to soften the pain his his time. ‘‘Hello, my friend’’—that was his terms in the State senate and given 18 passing leaves behind for all who knew classic western rancher’s drawl, and it more years of his life to the people of him, loved him, and called him their was what you heard if Malcolm Wallop Wyoming, he took another long walk friend. To heal the empty spot in our hearts, was on the other end of the phone line on his ranch, gave it some thought, and I encourage all who knew Malcolm to or came through the door. Malcolm decided it was time for him not to re- write down their memories and share was a real-life version of anyone’s tire—for someone like Malcolm never them. I know with full confidence this image of a western gentleman. slowed down—he just felt it was time will not be the last time Malcolm Wal- Today, I remember him as a brilliant for him to change direction. So he an- lop’s name will be heard on the Senate servant-leader. He possessed a special nounced he was stepping down from the floor. In the years to come, we will western wisdom, which often found Senate to give someone else a chance often think of him and the example he those around him racing just to catch to continue the work that must be provided at so many times. But for up. He found great contentment in all done to make Wyoming and our Nation now, let us say goodbye to our friend. of the many facets of his life. Even dur- a better place to live for us all. He will be missed, but he will never be ing recent years, when numerous med- It was not long after leaving the Sen- forgotten. ical challenges conquered his physical ate that Malcolm founded an organiza- I yield the floor. body, his spirit and his intellect were tion called the Frontiers of Freedom to The PRESIDING OFFICER. The Sen- never diminished. enable him to continue his work to ad- ator from Wyoming. Public service was his heritage and dress the issues of personal freedom Mr. BARRASSO. Mr. President, I his calling. His grandfather, Oliver and the need to keep our government come to the floor today to honor one of Henry ‘‘Noll’’ Wallop, founded the Can- from growing too large and too power- our former colleagues and a dear yon Ranch in the Big Horn Mountains ful. I have always felt, like Will Rogers friend. U.S. Senator Malcolm Wallop of Wyoming in 1888. That is before Wy- said so many years before him, that he died yesterday, September 14, 2011, at oming even became a State. Noll had opened his office just a short distance his Wyoming home overlooking the the distinction of serving first in the from Washington so he would be better majestic Big Horn Mountains. Wyoming State Legislature and then, able to keep an eye on us. Senator Wallop will be remembered later in life, in the House of Lords in In the years he served at the helm of as a unique and enduring figure in the Great Britain. Noll was the youngest the Frontiers of Freedom, it was clear history of Wyoming and in the history son of Lord Isaac Newton Wallop, the that it reflected the true north of Mal- of the United States. Malcolm was a fifth Earl of Portsmouth. When Noll’s colm Wallop’s inner compass. Just like stalwart defender of freedom and de- older brothers died, he reluctantly re- he had done for so many years, the or- mocracy around the world and a deter- turned to England to fulfill the family ganization was completely focused on mined advocate for limited government duty. However, his own son Oliver, who many of the issues he had worked on in and opportunity for every person. Like was Malcolm’s father, had been grown the Senate, and, like him, it was a that iconic range in northern Wyoming up and he remained in Wyoming. much valued and important presence in that he loved, Malcolm stood very Malcolm was born in 1933, and Big the ongoing conversation and debate tall—as a citizen, as a State and Fed- Horn was always his home. His chil- about the direction in which our coun- eral legislator, and as a loyal guardian dren and his grandchildren are the try was headed and whether that need- for Wyoming people and our way of fourth and fifth generations of his fam- ed to change. life. ily to make their lives in the beautiful

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.065 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5672 CONGRESSIONAL RECORD — SENATE September 15, 2011 Big Horn Mountain area of north cen- rights, the rights to privacy, and he in July. In July of 1977, he held the tral Wyoming. They ranch, they own was a champion of the rights of the in- first Frontier East, an east coast cele- businesses, they teach, they raise their dividual. bration of Cheyenne’s Frontier Days, children, they serve their community— He was remembered for the Wallop which is known simply as COWPIE. all those things we do to make this Na- amendment to the Surface Mining Con- COWPIE stands for the Committee of tion strong. trol Act, a property rights issue which Wyoming People in the East. It is still Malcolm was a pilot. He served as a forced the Federal Government to com- today one of the Washington area’s first lieutenant in the U.S. Army. He pensate property owners whose ability most celebrated summer events. was a cattle rancher elected to the Wy- to mine was undercut by regulation. He My wife Bobbi reminds me how abso- oming State Legislature, serving both worked successfully to protect State lutely joyful Malcolm was each year on in the house as well as in the senate interest in the Clean Water Act. He his birthday. His birthday was Feb- from 1969 through 1976. brought significant wilderness to Wyo- ruary 27. As Bobbi reminds me, that is In 1974, Wallop ran unsuccessfully for ming through the 1984 Wilderness Act. when his staff organized the Wally Governor of Wyoming. But it was dur- He was a key force behind the pas- Awards, making great fun of them- ing that summer campaign that Mal- sage of the far-reaching 1982 Energy selves and their boss. I am told the best colm began to distinguish himself as a Policy Act. Senator Wallop, on more was the impersonation of him by his principled and energetic future force in than one occasion, commented that he chief of staff, Bill Hill. That is the Republican politics. He did not shy ‘‘was not burdened with a law degree.’’ same chief of staff who then went on to from the tough issues; instead, he Yet he was selected in his very first serve as Chief Justice of the Wyoming seemed to gather strength from the term to serve on the Judiciary Com- Supreme Court. challenges. mittee, the first nonlawyer ever so cho- Malcolm remained forever steadfast Only 2 years later, he unseated in- sen. against the growth and the power of cumbent U.S. Senator Gale McGee and Perhaps his greatest contribution centralized government. He warned: became Wyoming’s 19th Senator, serv- was his landmark legislation to address ‘‘As we remain the sheep, the governing from 1977 to 1995. the heartbreaking issue of parental ment happily remains our shepherd.’’ When Malcolm was elected to this kidnapping. He was one of a long and He talked often as a Senator of our body in 1976, it was really something. distinguished line of Wyoming Sen- shrinking freedom and the battle to lay You heard about the commercials from ators who served with distinction on claim to our fragile liberty. That was Senator ENZI. Well, a group of young the Senate Finance Committee. His Malcolm Wallop. When he announced people had gathered around to support 1981 bill to cut inheritance and gift his retirement in 1993, after 18 years in his very unlikely bid to serve Wyoming taxes is remembered as one of the most the Senate, Senator Wallop told the in the U.S. Senate. The national press substantive changes to tax policy that Casper Star Tribune simply: ‘‘I don’t called it the Children’s Crusade. Many decade. think the only place to fight for free- of those young people came to Wash- He appreciated opportunities which dom is in the halls of Congress.’’ His life after the Senate was filled ington with him, and my wife Bobbi allowed for private/public sector part- with his continuing work on issues fo- Brown was among those, who began her nerships. Early in his Senate career, cusing on constitutionally limited gov- own public service career as part of his there was talk of establishing a na- ernment, a strong national defense, first-term staff. tional service requirement for young and the rights of the individual. To ad- It is an indication of the affection people. But Malcolm felt that if we dress these issues, he founded the Fron- and the loyalty felt by those who were were going to require young people to tiers of Freedom. part of his team that more than 60 peo- serve the Nation, the Nation should He spoke with power and eloquence ple gathered with Malcolm in Wyoming recognize them for the service so many about the issues which he found to be in 2006 for a 30-year reunion. were already providing through their the core of our great country. In a 2003 He served three terms in the Senate, daily lives. interview with Peter Evans, he said: and his work here was very broad in This resulted in his leadership to es- You’ll find in the American people an enor- scope. His presence was lasting, and it tablish the Congressional Award. He mous sense of pride and self assurance that touched on the mercurial issues of the joined with colleagues in both Houses only comes from people living free. It’s unbe- late 1970s and 1980s, from energy policy of Congress in a bipartisan effort and a lievably invigorating, and very reassuring, to the environment, from national se- unique program available to all inter- to know the great experiment is in the hands curity to tax reform. ested young people in the country was of people who don’t even know it, and isn’t One of our own colleagues, Senator created. in the hands of the people who think they hold it. CARL LEVIN, said of Malcolm: It is a program of Congress which op- While we disagreed, again, probably as erates with private sector funds. It is Malcolm Wallop was so many things. often as we agreed, that did not stand in the an earned honor and is the highest But what Malcolm Wallop was not was way of my admiration for the quality, the honor which we bestow on our Nation’s sentimental. The new phase of his life characteristic that he had of letting you young people. The many young people was the full phase of his life. He did not know precisely where he stood and why. in my State who participate in the dwell on past things. His energy was al- He went on to say: Close Up program do so because Mal- ways spent looking forward. And his patriotism is second to none in colm thought it was an important op- I wish to conclude by repeating Sen- this body. portunity for his young constituents. ator Wallop’s own words. Speaking in Malcolm Wallop was the first elected At the time, Close Up only offered 2005 before the Ronald Reagan Gala official to propose a space-based mis- their program in the cities. Malcolm sponsored by the Frontiers of Freedom, sile system, which eventually became worked to convince the Close Up Foun- Senator Wallop spoke about his own part of our Strategic Defense Initia- dation that a statewide program would beliefs. tive. He was highly regarded for his work. I believe Close Up today counts Government was not meant to possess us, knowledge and understanding of de- their Wyoming program as one of its rule us, encompass us, judge for us, substitute for us. It was meant to serve us. We fense issues and surely helped bring the most successful. were founded as a noble self-governing tribe Berlin Wall down. Later in his Senate Malcolm Wallop reached across Cap- of free people respecting each other as Amer- service, he was a member of the Hel- itol Hill. He reached across party lines icans under God—not under Washington. sinki Commission, and he traveled in in the creation of the Aquatic Re- Americans know this even if their govern- Eastern Europe and the former Soviet sources Trust Fund, commonly known ment does not. Union as an arms control negotiator. as the Wallop-Breaux Trust Fund, The biggest difference between the prin- Speaking of their strategic partner- which has resulted in billions of dollars ciple of government in America, and any- ship, President Reagan said: ‘‘Leader- where else is that here the rulers must stick generated by users for support of fish- to clearly defined tasks, while ordinary peo- ship, hard work, experience, loyalty to eries and wetlands around the country. ple may do whatever they wish. We must Wyoming—that’s what Malcolm Wallop But it was not all serious. He was an make up our minds to put this principle into is all about.’’ Malcolm was fiercely enthusiastic supporter of his staff’s ef- practice again, lest we lose the spirit that protective of States rights, property forts to deal with their homesickness made us the envy of the world.

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.066 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5673 Most important, the American model is wrong with you guys? Why can’t you decades. Here is this article that says based on a certain kind of people—defined work this out in Washington, DC? We Procter & Gamble aims high and low. not by race but by virtue and by the willing- are struggling in the worst economy we I ask unanimous consent that the ar- ness to take responsibility for our own lives. have had since the Great Depression, ticle be printed in the RECORD. People fit to be Americans ask for blessings and what we see are a lot of political There being no objection, the mate- only from God. Because being Americans is rial was ordered to be printed in the not a matter of birth, we must practice it games being played back there. every day—lest we become something else. That is the version of the conversa- RECORD, as follows: The size of our continent, its fabulous tion I have heard now for 21⁄2 years in [From the Wall Street Journal, Sept. 12, wealth, its indescribable beauty, the ships, our State. 2011] tanks and airplanes in our arsenal, are no Then, one of the things we get into at AS MIDDLE CLASS SHRINKS P&G AIMS HIGH treasure compared to the moral character of the very beginning is the fact that this AND LOW the American people. I pray to God that he is not a garden-variety recession that (By Ellen Byron) will graciously help us preserve and protect For generations, Procter & Gamble Co.’s that splendid moral base. we are just coming out of. This is the first time—this last decade, not just growth strategy was focused on developing To Isabel and his beloved children, this recession, the last decade—the household staples for the vast American mid- Malcolm, Matthew, Amy, and Paul, to dle class. first time in this country’s history his dear sisters, Jeannie and Carolyn, Now, P&G executives say many of its when median family income actually we thank you for letting him share so former middle-market shoppers are trading declined instead of going up. much of his life with us all. There is no down to lower-priced goods—widening the Generation after generation after pools of have and have-not consumers at the question our world is better for the generation of Americans saw their in- expense of the middle. time he spent addressing the great come rise. Median family income is That’s forced P&G, which estimates it has issues of the day and we are grateful. sort of shorthand for middle-class fam- at least one product in 98% of American We can cherish our memories and households, to fundamentally change the ily income in this country. It is the stories of Malcolm knowing he would way it develops and sells its goods. For the backbone of this country, and it has cast a wry glance and wonder why we first time in 38 years, for example, the com- fallen for the first time in a decade, as pany launched a new dish soap in the U.S. at were not spending our thoughts and the cost of health insurance doubled on a bargain price. our energy on a challenge that needed the people who live in Colorado, and P&G’s roll out of Gain dish soap says a lot our attention. It is what he would ex- about the health of the American middle the cost of higher education went up by pect of all of us. It is the example he class: The world’s largest maker of consumer 60 percent. left for us. It is his legacy. products is now betting that the squeeze on People are saying: MICHAEL, I have So, today, godspeed, Malcolm. The middle America will be long lasting. been at my job for this whole decade ‘‘It’s required us to think differently about Senate, Wyoming, the United States of and I am earning less at the end of the our product portfolio and how to please the America, has lost one of its most stead- decade than I was at the beginning of high-end and lower-end markets,’’ says fast defenders. the decade. My costs of not ‘‘nice to Melanie Healey, group president of P&G’s I yield the floor and I suggest the ab- North America business. ‘‘That’s frankly haves,’’ my costs of critical things to sence of a quorum. where a lot of the growth is happening.’’ The PRESIDING OFFICER. The move my family ahead to create sta- In the wake of the worst recession in 50 clerk will call the roll. bility for me and my small business— years, there’s little doubt that the American such as health care, such as higher edu- middle class—the 40% of households with an- The assistant legislative clerk pro- nual incomes between $50,000 and $140,000 a ceeded to call the roll. cation—have done nothing but sky- rocket. year—is in distress. Even before the reces- Mr. BENNET. Mr. President, I ask sion, incomes of American middle-class fami- unanimous consent that the order for I am going to show you some num- lies weren’t keeping up with inflation, espe- the quorum call be rescinded. bers that are pretty scary that came cially with the rising costs of what are con- The PRESIDING OFFICER. Without out this week from the Census Bureau sidered the essential ingredients of middle- objection, it is so ordered. that reflect, in numbers, what I am class life—college education, health care and talking about and reflect how profound housing. In 2009, the income of the median f the structural issues are that we face family, the one smack in the middle of the DISAPPEARING MIDDLE CLASS in our economy, structural that do not middle, was lower, adjusted for inflation, than in 1998, the Census Bureau says. Mr. BENNET. Mr. President, I went fit on the back of a bumper sticker or The slumping stock market and collapse in back to the office and I saw my senior a political slogan or during a debate at housing prices have also hit middle-class Senator sitting here at this late hour night on the television set. Americans. At the end of March, Americans and I wanted to come down and keep This week’s Wall Street Journal, on had $6.1 trillion in equity in their houses— him company. So I am glad to be here Monday, had an article on the front the value of the house minus mortgages— with you tonight, proud to be from the page with the headline that reads as half the 2006 level, according to the Federal follows: ‘‘As Middle Class Shrinks, Reserve. Economist Edward Wolff of New West tonight with two great Senators York University estimates that the net from Wyoming remembering Malcolm P&G Aims High and Low.’’ P&G is worth—household assets minus debts—of the Wallop’s service in this body. It was Procter & Gamble. There is not a more middle fifth of American households grew by wonderful to hear their remembrances iconic brand in our country’s history 2.4% a year between 2001 and 2007 and of him. I am glad we were here to share when it comes to the middle class than plunged by 26.2% in the following two years. that being from the West. Procter & Gamble. P&G isn’t the only company adjusting its Similar to the Presiding Officer, I Here are some of the things they business. A wide swath of American compa- make: Crest toothpaste; Head & Shoul- nies is convinced that the consumer market spent most of August in our beautiful is bifurcating into high and low ends and State—the most beautiful State in the ders shampoo; Tide detergent; Pam- eroding in the middle. They have begun to United States, if I do say so myself—in per’s diapers—I am glad to be out of alter the way they research, develop and townhall meetings, mostly in red parts those in my house, by the way—Bounty market their products. of the State, but in red and blue parts paper towels; Downy fabric softener, Food giant H.J. Heinz Co., for example, is of the State. They do not actually Scope mouthwash; Duracell batteries; developing more products at lower price think of themselves that way, but that Charmin toilet paper; Bounce fabric ranges. Luxury retailer Saks Inc. is bol- stering its high-end apparel and accessories is how Washington would talk about it. softener—nobody needed fabric soft- because its wealthiest customers—not those In the townhalls, I always start the ener before there was a middle class in drawn to entry-level items—are driving the same way. I say: Ask any question you this country, but they make it—Mr. chain’s growth. have. Bring any criticism you have. I Clean; Pepto Bismol; Pringles; Swiffer Citigroup calls the phenomenon the ‘‘Con- tell them I was an urban school super- brooms and dusters—we have that in sumer Hourglass Theory’’ and since 2009 has intendent for almost 4 years, it is im- our closet—Old Spice deodorant; urged investors to focus on companies best possible to hurt my feelings. It was Nyquil cough syrup; Puffs tissues; positioned to cater to the highest-income and lowest-income consumers. It created an beaten out of me a long time ago. Then Ivory soap; Covergirl makeup. index of 25 companies, including Estee we have a conversation. That is what Procter & Gamble Lauder Cos. and Saks at the top of the hour- This time, every single meeting makes. That is what they sold to the glass and Family Dollar Stores Inc. and Kel- started with somebody saying: What is great middle class in this country for logg Co. at the bottom. The index posted a

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.061 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5674 CONGRESSIONAL RECORD — SENATE September 15, 2011 56.5% return for investors from its inception Church & Dwight Co. gained momentum. ficult, Mr. Brown said. Over the past two on Dec. 10, 2009, through Sept. 1, 2011. Over Even the company’s huge Gillette refill razor years, P&G has increased its research of the the same period, the Dow Jones Industrial market suffered, declining to 80.1% by May growing ranks of low-income American Average returned 11%. from 82.3% in the second-quarter of 2008, as households. ‘‘Companies have thought that if you’re in Energizer Holdings Inc.’s less-expensive ‘‘This has been the most humbling aspect the middle, you’re safe,’’ says Citigroup ana- Schick brand gained nearly three points. of our jobs,’’ says Ms. Jackson. ‘‘The num- lyst Deborah Weinswig. ‘‘But that’s not P&G began changing course in May 2009. bers of Middle America have been shrinking where the consumer is any more—the con- After issuing a sharply lower-than-expected because people have been getting hurt so sumer hourglass is more pronounced now earnings forecast for the company’s 2010 fis- badly economically that they’ve been falling than ever.’’ cal year, then-CEO A.G. Lafley said the com- into lower income.’’ Companies like Tiffany & Co., Coach Inc. pany would take a ‘‘surgical’’ approach to Mr. BENNET. I wanted to read a few and Neiman Marcus Group Inc., which cater cutting prices on some products and develop to the wealthy, racked up outsize sales last more lower-priced goods. ‘‘You have to see excerpts from it because I think it is Christmas and continue to post strong sales. reality as it is,’’ Mr. Lafley said. instructive about what we are doing. Tiffany says its lower-priced silver bau- When the company’s 2009 fiscal year ended P&G’s profits boomed with the increasing bles, once a favorite of middle-class shoppers a month later, P&G’s sales had posted a rare affluence of middle-class households in the craving a small token from the storied jew- drop, falling 3% to $76.7 billion. post-World War II economy. As masses of eler, are now its weakest sellers in the U.S. In August that year, P&G’s newly ap- housewives set up their new suburban homes, ‘‘I think that there’s probably more separa- pointed CEO, company veteran Robert P&G marketers pledged that Tide detergent tion of affluence in the U.S.,’’ Tiffany Chief McDonald, accelerated the new approach of delivered cleaner clothes, Mr. Clean made Operating Officer James Fernandez said in developing products for high- and low-in- floors shinier and Crest toothpaste fought off June. come consumers. more cavities. In the decades since, new fea- Firms catering to low-income consumers, ‘‘We’re going to do this both by tiering our tures like fragrances or ingredient and pack- such as Dollar General Corp., also are post- portfolio up in terms of value as well as aging enhancements kept P&G’s growth ro- ing gains, boosted by formerly middle-class tiering our portfolio down,’’ Mr. McDonald bust. families facing shrunken budgets. Dollar said in September 2009. To monitor the evolving American con- What is happening now? For genera- stores garnered steady sales increases in re- sumer market, P&G executives study the tions Proctor & Gamble’s growth strat- cent years, easily outpacing mainstream Gini index, a widely accepted measure of in- counterparts like Target Corp. and Wal-Mart egy was focused on developing house- come inequality that ranges from zero, when Stores Inc., which typically are more expen- hold staples for the vast American mid- everyone earns the same amount, to one, sive. dle class. Now, P&G executives say when all income goes to only one person. In P&G’s profits boomed with the increasing many of its former middle-market 2009, the most recent calculation available, affluence of middle-class households in the the Gini coefficient totaled 0.468, a 20% rise shoppers are trading down to lower post-World War II economy. As masses of in income disparity over the past 40 years, priced goods—widening the pools of housewives set up their new suburban homes, according to the U.S. Census Bureau. have and have-not consumers at the ex- P&G marketers pledged that Tide detergent ‘‘We now have a Gini index similar to the delivered cleaner clothes, Mr. Clean made pense of the middle. That has forced Philippines and Mexico—you’d never have P&G, which estimates it has at least floors shinier and Crest toothpaste fought off imagined that,’’ says Phyllis Jackson, P&G’s more cavities. In the decades since, new fea- one product—and you heard the list, so vice president of consumer market knowl- this won’t be surprising in 98 percent of tures like fragrances or ingredient and pack- edge for North America. ‘‘I don’t think we’ve aging enhancements kept P&G’s growth ro- typically thought about America as a coun- American households—to fundamen- bust. try with big income gaps to this extent.’’ tally change the way it develops and Despite its aggressive expansion around Over the past two years, P&G has acceler- sells its goods. the world, P&G still needs to win over a ated its research, product-development and For the first time in 38 years, for ex- healthy percentage of the American popu- marketing approach to target the newly di- lation, because the U.S. market remains its ample, the company launched a new vided American market. dish soap in the United States at a bar- biggest and most profitable. In the fiscal Globally, P&G divides consumers into year ended June 30, the U.S. delivered about three income groups. The highest-earning gain price. P&G’s rollout of Gain Dish 37% of P&G’s $82.6 billion in annual sales and ‘‘ones’’ historically have been the primary Soap says a lot about the health of the an estimated 60% of its $11.8 billion in profit. bracket P&G chased in the U.S. as they are middle class. The world’s largest P&G says that Americans per capita spend the least price sensitive and most swayed by maker of consumer products is now about $96 a year on its products, compared claims of superior product performance. But betting that the squeeze on middle with around $4 in China. as the ‘‘twos,’’ or lower-income American America will be long lasting. During the early stages of the recession, consumers, grew in size during the recession, If you needed any example of what P&G executives defended its long-time ap- P&G decided to target them aggressively, proach of making best-in-class products and our families are struggling with in Col- too. P&G doesn’t specifically target the low- orado every single day, here is a busi- charging a premium, expecting middle-class est-income ‘‘threes’’ in the U.S., since they Americans to pay up. comprise a small percentage of the popu- ness plan that is modeled on a perpet- But cash-strapped shoppers, P&G learned, lation and such consumers are typically ually shrinking middle class by a com- aren’t as willing to splurge on household sta- heavily subsidized by government aid. pany whose whole business model in ples with extra features. Droves of con- At the high end, it launched its most-ex- their history was based on a rising sumers started switching to cheaper brands, pensive skin-care regimen, Olay Pro-X in middle class. slowing P&G’s sales and profit gains and 2009, which includes a starter kit costing denting its dominant market share posi- I will skip the next one in the inter- around $60. Previously, the Olay line had est of time. I will go right to the end. tions. topped out around $25. Last year, the com- In late 2008, unit sales gains of P&G’s pany launched Gillette Fusion ProGlide ra- I want to show some numbers. This was cheaper brands began outpacing its more ex- zors at a price of $10 to $12, a premium to the conclusion of the article: pensive lines despite receiving far less adver- Gillette Fusion razors, which sell for $8 to To monitor the evolving American con- tising. As the recession wore on, U.S. mar- $10, and Gillette Mach3, priced at $8 to $9. sumer market, P&G executives study the ket-share gains for P&G’s cheaper Luvs dia- At the lower end, its new Gain dish soap, Gini index, a widely accepted measure of in- pers and Gain detergent increased faster launched last year, can sell for about half come inequality that ranges from zero, when than its premium-priced Pampers and Tide per ounce of the company’s premium Dawn everyone earns the same amount, to one brands. Hand Renewal dish soap, which hit stores in when all income goes to only one person. In At the same time, lower-priced competi- late 2008. 2009, the most recent calculation available, tors nabbed market share from some of Developing products that squarely target the Gini coefficient totaled 0.468, a 20 percent P&G’s biggest brands. P&G’s dominant fab- the high and low is proving difficult for a rise in income disparity over the past 40 ric-softener sheets business, including its company long accustomed to aiming for a years, according to the U.S. Census Bureau. Bounce brand, fell five percentage points to giant, mainstream group. ‘‘We now have a Gini index similar to the 60.2% of the market as lower-priced options Conquering the high end is difficult be- Philippines and Mexico—you’d never have from Sun Products Corp. and private-label cause it usually involves a smaller quantity imagined that,’’ says Phyllis Jackson, P&G’s brands picked up sales from the second quar- of products. Vice President of consumer market knowl- ter of 2008 through May 2011, according to a ‘‘We do big volumes of things really well,’’ edge for North America. ‘‘I don’t think we Deutsche Bank analysis of data from mar- said Bruce Brown, P&G’s chief technology typically thought about America as a coun- ket-research firm SymphonyIRI. officer. ‘‘Things that are smaller quantities, try with big income gaps to this extent.’’ P&G’s grasp of the liquid laundry deter- with high appeal, we’re learning how to do gent category, led by its iconic Tide brand, that.’’ I don’t think we typically thought also posted a rare slip over the same period Likewise, the cost challenges at the bot- about America that way either. It is as bargain-priced options from Sun and tom of the pyramid are also proving dif- not who we purport to be or who we are

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.040 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5675 going to be. In order to put us on a 21st century, not the products and serv- people who came to my townhalls and path that will actually produce a rising ices of the 20th century. That is the said they cannot afford to send their middle class again, instead of a divi- only way we are going to put these peo- kids to the best schools. They sent sion among the very wealthy at the top ple back to work. We could be invest- their first kid to the fancy school, but and the poorest of the citizens at the ing in infrastructure too; that would they cannot send their second kid bottom, we are going to have to come help. there. They are upset that we are not together on some pretty serious This line is median family income, getting done what we ought to be get- choices. which is what I started this conversa- ting done. I know there have been some who tion with. This is a terrible story. It is What we see on this other chart is argue that this is all a problem that is not just a sad story, it is a terrible that this decline was happening al- caused by too many regulations, and I story. That is that line for median fam- ready because the economy wasn’t lift- am the first to say we should only have ily income. It was over $53,000 in 1999. ing all boats, and it was widening in the regulations that we need. Some say It is $49,000 today. It is almost $4,000 equality terribly. I have things tonight the threat of any revenue—even at a less in real dollars in a decade. that talk about that. Then the reces- time when we are collecting less rev- I could have brought in another slide sion accelerated that decline. They lost enue as a percent of our economy than which shows that this trend has actu- 2.3 percent of median family income in we have over the last 30 years—some ally been going on a little longer than the recession, which is more than any are saying any revenue is choking off that. Think about that. It means half of the previous recessions, going back this recovery. of the families in 1999 were earning less to the Great Depression. So that is how Let me show you something very sur- than $53,000, and half were earning tough this is. The Senator is right. If we keep prising. This is high-tech Senate stuff. more than $53,000. Today half are earn- doing what we have done for the decade Here are some lines on a chart. I know ing less than $49,000 and half are earn- that led us into this recession, if we go people probably cannot see the detail ing more than that. back to those policies and readopt at home. They can get it on the Web These are folks who have done abso- those policies, and that is where we end site. This blue line, from 1992 to 2010, lutely everything that anybody ever up, we will continue to see this slide. which is about 20 years, represents asked them to do. But I don’t care Mr. SCHUMER. I thank my col- what is called the productivity index. whether you are a family or a business, league. It shows that we have become far more it makes it very hard for you to make Mr. BENNET. I thank the Senator productive as an economy over the last ends meet if that is the slope that you from New York. This gives a sense of 20 years. It is not surprising that we are on. I argue that we cannot consume the widening inequality that has hap- have, and we have because we have had one more decade of this new century, pened. This is average income, which is a technological revolution that has with economic policies that are leading different from median income. The made us more productive. us here, and expect to have a vibrant amazing thing is, while middle-class See at the very end where the reces- middle class. I want to be in an econ- income has been falling, and it fell sion is, look what happened to the pro- omy where Procter & Gamble has to throughout this 10 years, average in- ductivity index during our recession— change their business model to catch come actually went up because a few because with every single month that up with a rising middle class, not be in people at the very top of the economy went by we were losing jobs; American a position that they are in today where did incredibly well over this period of business was doing what they had to they believe they have to bet on a fall- time. They have done incredibly well. do, which was figure out how to get ing middle class. This is the very top 1 percent of our through the recession and get to the Mr. SCHUMER. Will my colleague earners who went from here to up here. other end; how to ring out every effi- yield for a question? The top 1 percent saw that, and here ciency they could, how to make them- Mr. BENNET. Sure. is everybody else. This red line is 90 selves as productive as they could. Mr. SCHUMER. I compliment him on percent of the people in America. Their They did and they have. We are much this outstanding speech. The hour is average income was flat from 1967 to more productive today than we were late and many colleagues have gone 2006. That is 90 percent of the people here. home, so I hope he will send this to who live in the United States. It is The green line is our gross domestic every one of our colleagues. It has been hard to see how people can get ahead product, our Nation’s economy per cap- a joy for me to stay and listen. under circumstances like that. ita, the amount of money per person The only question I wanted to ask— It is no wonder that we have these that our economy is generating. Here and we talked about this last night at alarming numbers this week from the is an amazing fact. This is where we dinner—here is another interesting fact Census Bureau which show there are were before the recession. This is where amid so many that my colleague 46.2 million Americans now living in we are today. Our economy is the same brought up in this great speech. poverty. That is a 46-percent increase size today as it was before we went into If we look at that chart, from 1999 to since 2000. I had to look to make sure the recession. We are producing about 2007, before the recession hit, median I was reading that right. Since 2000, the same economic output as a nation income didn’t go up. when 31 million people were in poverty, that we were producing before we went Mr. BENNET. Exactly. it has gone up to 46 million people in into this downturn. I was shocked when Mr. SCHUMER. That is a question we poverty today, and 22 percent of the I learned this number. have to ponder. We need great minds children in the United States of Amer- But look at this. Here is our employ- like the Senator’s to figure out the an- ica tonight are living in poverty. Over ment level. Here is our employment swer. If we just blame the recession one-fifth of the children living in the level today. We have 14 million people and think it will come back up, it United States tonight are living in pov- unemployed, but we are producing won’t. The kinds of structural changes erty. And, by the way, as a former su- about the same as we were before we my colleague talks about are so needed perintendent of the Denver public went into this horrible recession. if we are not going to have a contin- schools, I can tell you we are not doing That is a structural unemployment ually declining middle class, even in a ourselves any favors when the chances problem. That is not a problem that period of growth. Am I right about that of a child living in poverty in this will be solved by slogans, and it is not assumption? country graduating from college are going to be a problem that is solved by Mr. BENNET. I thank the Senator roughly 9 in 100, which is what their companies that have become much from New York. He is right about that. chances are today. Ninety-one out of more efficient at what they do. It is What he will see on another slide—not one hundred poor kids in the country going to be solved by companies that tonight—is that we were already on can’t expect to get a college degree; will be started tomorrow and the day this decline. This is not news to people can’t expect to be anywhere but on the after tomorrow—small businesses, ven- living in our States. It is not news to margin of our democracy or our econ- ture-backed firms, people who are in- people trying to figure out how to omy. I wonder what effect that will venting the technology of the 21st cen- make ends meet week by week. This is have on our median family income tury, the products and services of the not news to them. It is not news to the going forward.

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.064 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5676 CONGRESSIONAL RECORD — SENATE September 15, 2011 This is the last slide, because I know Today was a good day here. I was was passed out of the Senate by unani- the hour is late, and it is one that was pleased. It has been a long time. I was mous consent on December 7, 2006, and in the Washington Post. I am not going pleased to join my senior Senator and signed into law shortly thereafter. This to bother to describe the details, but about 30 other Democrats and Repub- landmark legislation included provi- you can find it on the Web site and it licans at an event to say it is time for sions relating to the diagnosis and is worth looking at. It is worth looking us to think big about solving this coun- treatment of persons with autism spec- at. try’s fiscal challenges and that we are trum disorders, ASD, and expanded and This red line—and it is the only thing anxious to work together to do it. We intensified biomedical research on au- I will talk about from this slide—shows are anxious to create a comprehensive tism, including a focus on possible en- what the bottom 90 percent—and it plan to deal with it. We should be tak- vironmental causes. Additionally, it seems ridiculous to talk about the bot- ing exactly the same approach on jobs. provides for detailed surveillance by tom 90 percent—what the 90 percent of Getting our fiscal house in order is the Centers for Disease Control and earners in this country earned as a per- incredibly important to encourage and Prevention, CDC, of the increasing centage of the income that everybody inspire confidence in our markets and prevalence of autism spectrum dis- earned in the United States from be- confidence in our businesses and con- orders, ASD. The Act also reconsti- fore the 1920s to today, essentially. For fidence in our local economies. But our tutes the Interagency Autism Coordi- the vast majority of time or some ma- work won’t stop there. We need to re- nating Committee to advise the Sec- jority of time in the period from World invent our Tax Code so it is driving in- retary, coordinate the federal response War II—the end of World War II—until novation and driving a rising middle to autism and develop the annual stra- the present, the bottom 90 percent of class. We need to reimagine our regu- tegic plan for autism research. earners earned roughly 70 percent of latory code so it is doing the same. We I am greatly disappointed that my the income in the United States—a ma- need to educate the children in this colleagues on the other side are play- jority of the income, 70 percent of the country so they can take on the jobs of ing politics with this bill. On Sep- income—for a long time. Now they are the 21st century, because the jobs of tember 30, just a couple of short weeks earning roughly 50 percent. The bottom the 20th century are not coming back. from now, the programs authorized 90 percent is earning roughly 50 percent We will be waiting in vain for those under the CAA sunset, and with them of the income. That means, by the way, jobs to come back. the myriad programs which have the other 10 percent are earning rough- The people in my meetings back in helped families better understand, ly 50 percent of the income. That is Colorado are demanding—that is the treat and live with ASD. Now is not the how it is distributed. It is a unique mo- right way to say it, they are demand- time for politics. Now is the time to re- ment in the country’s history, actu- ing—we work together. Our State is a authorize the Combating Autism Act ally, uniquely unbalanced. In fact, we third Republican, a third Independent, so families living with ASD can con- have to go back to 1928—the year be- and a third Democrat, but they are tinue receiving the care and support fore the market crashed, the year be- Coloradans before any of that, and they they deserve. fore Black Friday, the year before our are Americans maybe even before that, f financial markets collapsed and put us and it is time for us to meet their NATIONAL POW/MIA RECOGNITION into the Great Depression—to find in- standard. DAY come disparity that looks like the in- Tonight we had votes on the reau- Mr LUGAR. Mr. President, Sep- come disparity we face today. thorization of FEMA—our emergency tember 16 is National POW/MIA Rec- In my view, the 20th century rep- agency—to respond to the incredible ognition Day. resented a period in this country’s his- tragedies that have happened around Throughout history, American men tory of limitless opportunity, limitless the country. It got 62 votes and we and women have stood up to defend economic growth, limitless educational were able to pass it. We had a vote on freedom by courageous and selfless attainment. Our democracy succeeded the transportation extension, the FAA service across the world. Today, 46,010 in generating an economy that gave ev- reauthorization, and I think the vote American men and women are actively erybody a fighting chance. Maybe a was 92 to 6, with Democrats and Repub- engaged in uniform in Iraq with a total definition of whether we are giving licans moving this country forward. of 84,310 deployed to the region aboard people a fighting chance is whether That is what we have to do in order to ships at sea, on bases, and air stations middle-class income is rising or falling. get this economy going again. The peo- in the region supporting Iraq oper- Now we are in a period where it is fall- ple in Colorado today are saying: We ations. Mr. President, 98,900 military ing and we find ourselves in the posi- want more of that and less of the bick- personnel are deployed in Afghanistan, tion of producing the same domestic ering, more problem solving and less with a total of 131,900 deployed to the product we were producing before this finger pointing. My hope is that on an region aboard ships at sea, on bases, recession with 14 million more people occasion such as today, when we actu- and air stations in the region sup- unemployed. ally have made some progress, no mat- porting Afghanistan operations. Others The economists tell us we have re- ter how limited, it may give us the are engaged in Libya operations. All covered, that we are in a recovery. The chance to move forward together. are fighting to ensure our security here technical definition is that we are in a Mr. President, I appreciate the at home, to protect the life and liberty recovery because the technical defini- Chair’s endurance and allowing me to of our friends and allies, and to pro- tion is based on whether GDP is grow- speak on the floor tonight. mote American values. ing. That is a very cruel definition of f Amidst the current economic crisis recovery for the 14 million people who and countless other challenges, one COMBATING AUTISM are unemployed. It is a very cruel defi- thing is clear, members of Congress nition of recovery for a middle class Mr. MENENDEZ. Mr. President, I and the executive branch cannot be- that is getting wiped out because me- want to address a very important issue come distracted from a commitment to dian family income is falling. that is currently before the Senate. ensure the return of POWs and MIAs at Look, the people who live in Colo- This past Tuesday I submitted a bill to the end of hostilities. This commit- rado, notwithstanding all of this, are the Senate—the Combating Autism Re- ment must continue through pains- optimistic. They are optimistic about authorization Act, S. 1094—for a unani- taking on-site investigations, diplo- their communities and they are opti- mous consent agreement. Since then, matic negotiations and complete ex- mistic about their families. It gets the Republicans have blocked this bi- aminations of records following a con- tougher and tougher, but they rise to partisan bill from passing. The Health, flict. the occasion. And you know what. That Education, Labor and Pensions Com- As we look forward with resolve, I is what they are asking us to do. They mittee reported this legislation unani- would like to recognize the work that are asking us to knock off the political mously on September 7, 2011. the many POW/MIA organizations have games that seem to be only about My legislation is a simple 3-year ex- done, led by the Department of Defense Washington and seem to have nothing tension of the Combating Autism Act, Prisoner of War/Missing Personnel Of- to do with the challenges they face. CAA, of 2006. This original legislation fice, DPMO. The painstaking work of

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.067 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5677 recovery operations has, since Janu- War II recoveries. Teams from the U.S. The team will conduct underwater ex- ary, seen the return of 32 Americans Army Central Identification Labora- cavations for 30 days at the crash site. from World War II and the war in tory in Hawaii continue to implement We must also be vigilant on the topic Southeast Asia. Nevertheless, 1,683 re- cutting-edge DNA technology, and as of American POWs and North Korea, main unaccounted for at this time renowned experts in the field, have and I have encouraged the Obama ad- from SEA, 1,292 from Vietnam alone. contributed their know-how and direct ministration to include this important Last year, those numbers stood at 1,703 assistance to the operations in New issue in any talks with North Korea. and 1,305 respectively. York and the Pentagon. As we all know, this is a team effort This June, in an effort to recover JPAC announced on August 12 that requiring the commitment and dedica- nine American servicemembers from teams had been recently deployed to tion of the Congress, the administra- crash sites in Laos, 25 Joint POW/MIA Vietnam, Canada, Vanuatu, Germany tion, the Departments of Defense and Accounting Command, JPAC, recovery and Papua New Guinea to search for State, the Joint Chiefs of Staff and the members deployed, marking the 119th Americans unaccounted for from the NSA. I am hopeful that all of us, Joint Field Activity conducted. As a Vietnam War and World War II. through continued humanitarian sup- member of U.S. Pacific Command, port and dedicated diplomatic endeav- JPAC is an organization of over 400 The deployment to Vietnam, the ors will gain further information about military and civilian specialists whose 104th joint field activity to that coun- the servicemen still missing to honor mission is to return America’s heroes try, has approximately 35 team mem- their sacrifice and provide peace and home and achieve the fullest possible bers who will search for five Americans solace to their loved ones. You are not accountability of Americans lost in our at burial and aircraft crash sites in forgotten. Nation’s past conflicts. three provinces. They expect to spend Mr. President, I ask unanimous con- In Korea, where the fighting ended in 35 days on the mission. sent to have printed in the RECORD the 1953, progress continues. This year, Separately, JPAC team members and names of Indiana’s missing and unac- Joint Recovery Operations have been Navy divers from Virginia Beach, Va. counted for from the Korea and Viet- conducted in North Korea resulting in have deployed to Newfoundland prov- nam wars. the recovery of seven Americans to ince in Canada to search for three There being no objection, the mate- their families and final resting places. Americans that remain unaccounted- rial was ordered to be printed in the Two have been identified from World for from a World War II aircraft crash. RECORD, as follows: VIETNAM/SOUTHEAST ASIA

Date of Name incident Status Rank Branch Country Home of record

Bancroft, William W. Jr ...... 11/13/1970 NBR ...... O2 ...... USAF ...... N. Vietnam...... Indianapolis. Beals, Charles Elbert ...... 07/07/1970 NBR ...... E4 ...... USA ...... S. Vietnam...... French Lick. Beecher, Quentin Rippetoe ...... 06/11/1967 PFD ...... W2 ...... USA ...... S. Vietnam...... Terre Haute. Breiner, Stephen Eugene ...... 09/24/1968 NBR ...... E2 ...... USMC ...... S. Vietnam...... Decatur. Carver, Harry Franklin ...... 04/10/1968 NBR ...... E6 ...... USA ...... S. Vietnam...... New Albany. Chomel, Charles Dennis ...... 06/11/1967 NBR ...... E2 ...... USMC ...... S. Vietnam...... Columbus. Clark, Lawrence ...... 10/18/1966 PFD ...... E5 ...... USAF ...... N. Vietnam...... Logansport. Clem, Thomas Dean ...... 05/03/1968 PFD ...... O2 ...... USMC ...... N. Vietnam...... New Paris. Davis, Gene Edmond ...... 03/13/1966 PFD ...... E5 ...... USAF ...... Laos ...... Evansville. Ducat, Phillip Allen ...... 09/25/1966 NBR ...... O3 ...... USMC ...... S. Vietnam...... Fort Wayne. Duvall, Dean Arnold ...... 03/13/1966 PFD ...... E3 ...... USAF ...... Laos ...... Monticello. Green, George Curtis Jr ...... 12/04/1970 NBR ...... E5 ...... USA ...... Laos ...... Attica. Heitman, Steven W...... 03/13/1968 PFD ...... E5 ...... USA ...... S. Vietnam...... Indianapolis. Held, John Wayne ...... 04/17/1968 PFD ...... O3 ...... USAF ...... S. Vietnam...... Indianapolis. Hills, John Russell ...... 02/14/1966 NBR ...... O4 ...... USAF ...... Laos ...... South Bend. Johns, Paul F ...... 06/28/1968 PFD ...... O4 ...... USAF ...... Laos ...... Laconia. Johnson, James Reed ...... 08/21/1966 NBR ...... E3 ...... USA ...... S. Vietnam...... Indianapolis. Jones, Grayland ...... 11/23/1969 NBR ...... E3 ...... USA ...... S. Vietnam...... Indianapolis. Klute, Karl Edwin ...... 03/14/1966 NBR ...... O3 ...... USAF ...... S. Vietnam...... Richmond. Knochel, Charles Allen ...... 09/22/1966 NBR ...... O3 ...... USN ...... N. Vietnam...... Lafayette. Kuhlman, Robert J. Jr ...... 01/17/1969 PFD ...... O2 ...... USMC ...... S. Vietnam...... Richmond. Lambton, Bennie Richard ...... 06/13/1966 NBR ...... E7 ...... USN ...... N. Vietnam...... Indianapolis. Lautzenheiser, Michael ...... 10/26/1971 NBR ...... E5 ...... USA ...... S. Vietnam...... Muncie. Lawson, Karl Wade ...... 04/09/1968 NBR ...... E4 ...... USA ...... S. Vietnam...... Terre Haute. Lyon, James Michael ...... 02/05/1970 PFD ...... O3 ...... USA ...... S. Vietnam...... Indianapolis. Mann, Robert Lee ...... 10/22/1965 NBR ...... O3 ...... USAF ...... S. Vietnam...... Lafayette. Martin, Jerry Dean ...... 11/03/1970 NBR ...... E3 ...... USA ...... S. Vietnam...... Bedford. McGarvey, James Maurice ...... 04/17/1967 PFD ...... O4 ...... USMC ...... N. Vietnam...... Valparaiso. Midnight, Francis B ...... 08/23/1967 PFD ...... O2 ...... USAF ...... N. Vietnam...... Gary. Miller, George C ...... 03/12/1975 NBR ...... CIV ...... S. Vietnam...... IN. Mitchell, Harry E ...... 05/05/1968 PFD ...... E8 ...... USN ...... S. Vietnam...... Marion. Montgomery, Ronald Wayne ...... 10/02/1969 NBR ...... E5 ...... USN ...... N. Vietnam...... Moores Hill. Moore, Ralph Edward ...... 05/03/1967 NBR ...... E3 ...... USA ...... S. Vietnam...... Indianapolis. Nellans, William L ...... 09/17/1967 PFD ...... O3 ...... USAF ...... N. Vietnam...... Warsaw. Newburn, Larry Stephen ...... 08/29/1967 NBR ...... E3 ...... USA ...... S. Vietnam...... Kokomo. Parker, Thomas Aquinas ...... 04/05/1967 NBR ...... E6 ...... USN ...... S. Vietnam...... Oxford. Posey, George Ray ...... 09/05/1968 NBR ...... E3 ...... USN ...... S. Vietnam...... Anderson. Rogers, Billy Lee ...... 12/01/1969 NBR ...... E3 ...... USN ...... N. Vietnam...... Gary. Rogers, Charles Edward ...... 05/04/1967 NBR ...... O4 ...... USAF ...... Laos ...... Gary. Schoonover, Charles David ...... 01/16/1966 NBR ...... O4 ...... USN ...... S. Vietnam...... Indianapolis. Smith, Ronald Eugene ...... 11/28/1970 NBR ...... E7 ...... USA ...... Laos ...... Covington. Soucy, Ronald Philip Sr ...... 05/23/1967 NBR ...... E5 ...... USN ...... N. Vietnam...... Whiting. Staehli, Bruce Wayne ...... 04/30/1968 PFD ...... E3 ...... USMC ...... S. Vietnam...... Crown Point. Stonebraker, Kenneth Arnol ...... 10/28/1968 PFD ...... O3 ...... USAF ...... N. Vietnam...... Hobart. Stuart, John F ...... 12/20/1972 PFD ...... O4 ...... USAF ...... N. Vietnam...... Indianapolis. Stuckey, John Steiner Jr ...... 11/11/1967 NBR ...... E2 ...... USA ...... S. Vietnam...... Cloverdale. Trampski, Donald Joseph ...... 09/16/1969 PFD ...... E2 ...... USA ...... S. Vietnam...... Chesterton. Wagner, Raymond Anthony ...... 03/27/1972 NBR ...... E3 ...... USAF ...... Evansville. Whittle, Junior Lee ...... 09/24/1966 NBR ...... E4 ...... USA ...... S. Vietnam...... Indianapolis. Wright, Thomas T ...... 02/27/1968 PFD ...... O3 ...... USAF ...... Laos ...... Gary. Young, Jeffrey Jerome ...... 04/04/1970 NBR ...... E3 ...... USA ...... S. Vietnam...... Indianapolis.

Korea

Date of in- Name cident Status Rank Branch Country Home of record

Acton, Floyd Neal ...... 05/17/1951 MIA ...... E4 ...... USA ...... Korea ...... Jackson. Adams, James Dwight ...... 11/29/1950 KIA ...... E4 ...... USA ...... Korea ...... Tippecanoe. Akers, Herbert D ...... 12/01/1950 POW ...... E4 ...... USA ...... Korea ...... Vigo. Anspaugh, George ...... 05/17/1951 MIA ...... E7 ...... USA ...... Korea ...... DeKalb. Archer, Robert Gene ...... 12/02/1950 POW ...... E4 ...... USA ...... Korea ...... Clay. Baker, David ...... 11/28/1950 MIA ...... E3 ...... USA ...... Korea ...... Lake. Baker, Donald Lewis ...... 09/06/1950 POW ...... E5 ...... USA ...... Korea ...... Howard. Barker, Donald Lee ...... 11/26/1950 KIA ...... E4 ...... USA ...... Korea ...... Cass. Bauer, Lester William ...... 07/27/1950 MIA ...... E4 ...... USA ...... Korea ...... Clinton.

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Date of in- Name cident Status Rank Branch Country Home of record

Beard, Robert Allen ...... 11/26/1950 MIA ...... 02 ...... USA ...... Korea ...... Vermillion. Beed, Milton Marion ...... 02/12/1951 POW ...... E7 ...... USA ...... Korea ...... Marion. Bender, Victor Vernon ...... 12/27/1950 MIA ...... E7 ...... USA ...... Korea ...... Marion. Berry, A D ...... 12/02/1950 POW ...... E8 ...... USA ...... Korea ...... Vandervurgh. Binge, Charles F...... 07/15/1953 MIA ...... E4 ...... USA ...... Korea ...... Newton. Blasdel, William Stanley ...... 11/28/1950 MIA ...... E4 ...... USMC ...... Korea ...... New Albany. Bowerman, William J...... 12/02/1950 MIA ...... E4 ...... USA ...... Korea ...... DeKalb. Bowman, Allen Milford ...... 11/28/1950 KIA ...... E4 ...... USMC ...... Korea ...... Covington. Bradley, Eldon R...... 11/02/1950 POW ...... E4 ...... USA ...... Korea ...... St. Joseph. Brock, Kenneth Wilber ...... 12/01/1950 KIA ...... E3 ...... USMC ...... Korea ...... Indianapolis. Brown, Kenneth ...... 08/14/1952 KIA ...... E3 ...... USA ...... Korea ...... Marion. Brown, Thomas James ...... 05/18/1951 MIA ...... E4 ...... USA ...... Korea ...... Elkhart. Burch, Hugh Maynard ...... 04/12/1951 MIA ...... E6 ...... USA ...... Korea ...... New Carlisle. Burns, Forrest S...... 08/30/1952 KIA ...... 02 ...... USA ...... Korea ...... Bartholomew. Byard, Billie Jack ...... 11/28/1950 KIA ...... E3 ...... USA ...... Korea ...... Marion. Caddell, Donald ...... 01/12/1952 KIA ...... E1 ...... USN ...... Korea ...... Greene. Calhoun, Stanley Louis Jr...... 10/01/1950 MIA ...... EMFN ...... USA ...... Korea ...... Dunkirk. Chadwell, George R...... 12/12/1950 MIA ...... E3 ...... USA ...... Korea ...... Tippecanoe. Chappel, Richard A...... 11/02/1950 MIA ...... E4 ...... USA ...... Korea ...... Allen. Clark, Harold Robert ...... 02/13/1951 POW ...... E3 ...... USA ...... Korea ...... Marion. Clifford, Clyde R...... 07/26/1950 MIA ...... E4 ...... USA ...... Korea ...... Elkhart. Coleman, James Allen ...... 04/25/1951 KIA ...... E7 ...... USA ...... Korea ...... Vermillion. Conde, Louis Bernard ...... 01/29/1952 MIA ...... E5 ...... USA ...... Korea ...... Lake. Conrad, Jack Dwayne ...... 07/31/1950 KIA ...... E2 ...... USA ...... Korea ...... Delaware. Conrad, Richard Leon ...... 07/31/1950 KIA ...... E3 ...... USA ...... Korea ...... Delaware. Constant, James L...... 09/08/1950 MIA ...... E3 ...... USA ...... Korea ...... Marion. Cosby, Folton ...... 08/15/1950 NBD ...... E7 ...... USA ...... Korea ...... Edinburg. Cowger, John Harold ...... 11/28/1950 KIA ...... E4 ...... USMC ...... Korea ...... Terre Haute. Cox, Clarence Vernon Jr...... 11/01/1950 MIA ...... E7 ...... USA ...... Korea ...... Madison. Cozad, Kenneth Lee ...... 07/30/1950 MIA ...... E5 ...... USA ...... Korea ...... Jennings. Cranor, George Eldon ...... 11/28/1950 MIA ...... E3 ...... USA ...... Korea ...... Lake. Criswell, Reed A...... 02/13/1951 POW ...... E4 ...... USA ...... Korea ...... Washington. Cunningham, William R...... 12/02/1950 MIA ...... E4 ...... USA ...... Korea ...... Vigo. Dally, Kenneth Horton ...... 12/01/1950 POW ...... E8 ...... USA ...... Korea ...... Steuben. Dalton, Howard Dale ...... 04/27/1951 POW ...... E4 ...... USA ...... Korea ...... Tippecanoe. Davis, Ezekiel Alfonso ...... 02/11/1951 MIA ...... E1 ...... USA ...... Korea ...... Grant. Davis, Jack A...... 02/12/1951 MIA ...... E3 ...... USA ...... Korea ...... St. Joseph. Davis, Norman Glen ...... 09/12/1951 MIA ...... E6 ...... USAF ...... Korea ...... Hymera. Debaun, George Jr...... 07/25/1953 MIA ...... E4 ...... USMC ...... Korea ...... Shelbyville. Decker, Hobart ...... 12/20/1950 NBD ...... E3 ...... USA ...... Korea ...... IN. Decker, Raymond Alfred ...... 07/19/1951 MIA ...... 02 ...... USAF ...... Korea ...... Hobart. Delong, Clayton C...... 12/12/1950 MIA ...... E4 ...... USA ...... Korea ...... Allen. Dennis, Gene Alton ...... 09/28/1952 MIA ...... 02 ...... USAF ...... Korea ...... Marion. Dewitt, Stanley L...... 12/06/1950 MIA ...... E5 ...... USA ...... Korea ...... Cass. Dick, William L. Jr...... 08/15/1950 MIA ...... E3 ...... USA ...... Korea ...... Jennings. Doody, James Thomas ...... 07/17/1952 KIA ...... E4 ...... USA ...... Korea ...... Marion. Drew, Donald Dale ...... 07/20/1950 MIA ...... E4 ...... USA ...... Korea ...... Washington. Dunn, James R...... 11/02/1950 MIA ...... E7 ...... USA ...... Korea ...... Knox. Durakovich, Joseph ...... 11/28/1950 MIA ...... E8 ...... USA ...... Korea ...... Lake. Eads, Donald Wayne ...... 03/26/1953 MIA ...... E3 ...... USMC ...... Korea ...... Bloomington. Eaton, John Omer ...... 07/20/1950 POW ...... E4 ...... USA ...... Korea ...... Crawford. Eggers, Herbert Phillip ...... 07/16/1950 MIA ...... E3 ...... USA ...... Korea ...... Marion. Emrick, Howard W...... 07/20/1950 MIA ...... E3 ...... USA ...... Korea ...... Allen. Enright, William Chester ...... 12/02/1950 KIA ...... E5 ...... USMC ...... Korea ...... Hammond. Estes, Robert Vernon ...... 11/30/1950 POW ...... E4 ...... USA ...... Korea ...... White. Faith, Don Carlos Jr...... 12/02/1950 KIA ...... O5 ...... USA ...... Korea ...... Daviess. Finch, Robert Clarence ...... 09/07/1951 MIA ...... 02 ...... USAF ...... Korea ...... Lafayette. Fluhr, Peter Paul Jr...... 09/03/1950 MIA ...... E4 ...... USA ...... Korea ...... Scott. Frakes, Edward Leo ...... 10/03/1951 MIA ...... 02 ...... USMC ...... Korea ...... Branchville. Frankart, Ned Charles ...... 11/03/1951 KIA ...... 02 ...... USAF ...... Korea ...... Fort Wayne. Frans, Jack Marvin ...... 02/12/1951 MIA ...... E4 ...... USA ...... Korea ...... Daviess. Frantz, George Arthur ...... 07/11/1950 POW ...... E3 ...... USA ...... Korea ...... Marion. Garrigus, Charles ...... 12/01/1950 KIA ...... E5 ...... USA ...... Korea ...... Gibson. Gibson, Clifton E...... 10/15/1952 MIA ...... E3 ...... USA ...... Korea ...... St. Joseph. Gibson, Willard M...... 12/01/1950 POW ...... E5 ...... USA ...... Korea ...... Sullivan. Goe, Clyde ...... 11/30/1950 MIA ...... E8 ...... USA ...... Korea ...... Brown. Goodall, Robert ...... 02/12/1951 POW ...... E3 ...... USA ...... Korea ...... Delaware. Greene, Joseph P...... 02/14/1951 KIA ...... E3 ...... USA ...... Korea ...... Vanderburgh. Griffith, Jack Walter ...... 07/04/1952 MIA ...... O1 ...... USN ...... Korea ...... Evansville. Gude, Edward Allen ...... 11/19/1950 MIA ...... E4 ...... USA ...... Korea ...... Perry. Guynn, John Edwin ...... 11/04/1950 POW ...... E4 ...... USA ...... Korea ...... Huntington. Hamilton, Donald Sewell ...... 12/02/1950 MIA ...... E5 ...... USA ...... Korea ...... Greene. Hamm, Donald Lane ...... 11/28/1950 MIA ...... E5 ...... USA ...... Korea ...... Daviess. Hammon, Keith Edward ...... 11/08/1952 MIA ...... E6 ...... USAF ...... Korea ...... Rockville. Harmon, Gilbert Larry ...... 07/26/1953 MIA ...... E3 ...... USMC ...... Korea ...... Terre Haute. Harris, Elmer Jr...... 11/28/1950 MIA ...... E4 ...... USA ...... Korea ...... Monroe. Harris, Max Eugene ...... 12/12/1950 POW ...... E7 ...... USA ...... Korea ...... White. Harrison, Bannie Jr...... 12/01/1950 POW ...... E4 ...... USA ...... Korea ...... Allen. Hatch, Gene N...... 12/01/1950 POW ...... E5 ...... USA ...... Korea ...... Allen. Hay, Kenneth Verne ...... 03/19/1951 POW ...... E4 ...... USA ...... Korea ...... Wayne. Henkenius, Leo Joseph ...... 11/28/1950 MIA ...... E3 ...... USMC ...... Korea ...... Fort Wayne. Hill, James Fella ...... 12/01/1950 POW ...... O5 ...... USA ...... Korea ...... Spencer. Hinds, Robert Lee ...... 12/07/1950 KIA ...... E3 ...... USMC ...... Korea ...... Indianapolis. Hodge, William M...... 07/26/1950 MIA ...... E1 ...... USA ...... Korea ...... Lake. Holle, Joseph Francis ...... 07/08/1953 MIA ...... E4 ...... USA ...... Korea ...... Marion. Holman, Charles Rutherford ...... 08/01/1952 KIA ...... 02 ...... USN ...... Korea ...... Indianapolis. Hubartt, Ralph Ernest Jr...... 11/27/1950 MIA ...... E4 ...... USA ...... Korea ...... Huntington. Hukill, Paul F...... 11/30/1950 POW ...... E3 ...... USA ...... Korea ...... Lake. Inman, Richard George ...... 07/07/1953 MIA ...... O1 ...... USA ...... Korea ...... Knox. Jaynes, Edward R...... 12/01/1950 MIA ...... E3 ...... USA ...... Korea ...... Gibson. Jester, William F...... 07/12/1950 POW ...... 02 ...... USA ...... Korea ...... Marion. Jester, William R...... 07/11/1950 POW ...... E4 ...... USA ...... Korea ...... Switzerland. Jinks, Leonard W. E...... 07/16/1950 MIA ...... E4 ...... USA ...... Korea ...... Ripley. Jochim, Cornelius A...... 11/28/1950 MIA ...... E7 ...... USA ...... Korea ...... Vanderburgh. Johnson, William H...... 12/03/1950 MIA ...... E3 ...... USA ...... Korea ...... Clark. Killar, Paul Martin ...... 07/09/1953 MIA ...... E3 ...... USA ...... Korea ...... Lake. Lander, Lawrence Edward ...... 12/01/1950 POW ...... E5 ...... USA ...... Korea ...... Vanderburgh. Leffler, Everett W...... 11/30/1950 MIA ...... E4 ...... USA ...... Korea ...... Knox. Liddle, Harry H. Jr...... 06/11/1952 KIA ...... E3 ...... USA ...... Korea ...... Dearborn. Loveless, Larry ...... 08/11/1950 KIA ...... E3 ...... USA ...... Korea ...... Harrison. Lykins, Earl Paul ...... 07/20/1950 POW ...... E4 ...... USA ...... Korea ...... Randolph. Mace, Delbert Ulysses ...... 12/12/1951 KIA ...... E7 ...... USA ...... Korea ...... Porter. Magnus, Donald F...... 07/12/1950 POW ...... E4 ...... USA ...... Korea ...... Vanderburgh. Manion, Everett D...... 07/22/1950 MIA ...... E4 ...... USA ...... Korea ...... Montgomery. Marlatt, Donald Lee ...... 11/28/1950 MIA ...... E4 ...... USA ...... Korea ...... Jasper. Martin, Albert F...... 10/29/1952 MIA ...... E4 ...... USA ...... Korea ...... Jay. Martin, Herbert O...... 09/05/1950 KIA ...... E3 ...... USA ...... Korea ...... Gibson. Mastabayvo, Steve A...... 08/14/1952 MIA ...... E3 ...... USA ...... Korea ...... Lake. McClain, Earl E...... 09/04/1950 MIA ...... E5 ...... USA ...... Korea ...... Marion. McDaniel, Charles H...... 11/02/1950 MIA ...... E8 ...... USA ...... Korea ...... Jennings. McDoniel, Raymond John ...... 11/28/1950 KIA ...... O3 ...... USA ...... Korea ...... Monroe.

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Date of in- Name cident Status Rank Branch Country Home of record

McFarren, Edward Q...... 11/28/1950 MIA ...... E3 ...... USA ...... Korea ...... Kosciusko. McIntyre, James T...... 07/11/1950 POW ...... E4 ...... USA ...... Korea ...... Floyd. McKeehan, Herbert V...... 11/02/1950 KIA ...... E3 ...... USA ...... Korea ...... La Porte. McNally, Joseph Lawrence ...... 11/02/1950 MIA ...... E8 ...... USA ...... Korea ...... Hancock. Meshulam, Morris ...... 12/01/1950 POW ...... E4 ...... USA ...... Korea ...... Marion. Metzcar, Maurice R...... 04/25/1951 POW ...... O3 ...... USA ...... Korea ...... Delaware. Michaels, Melvin J...... 09/07/1951 KIA ...... E3 ...... USA ...... Korea ...... Porter. Middleton, Harry Richard ...... 04/30/1951 KIA ...... O3 ...... USAF ...... Korea ...... Nappanee. Minniear, Robert G...... 11/30/1950 POW ...... E4 ...... USA ...... Korea ...... Tippecanoe. Mishler, James E...... 11/30/1950 POW ...... E3 ...... USA ...... Korea ...... Clay. Mitchell, Donald K...... 11/30/1950 KIA ...... E4 ...... USA ...... Korea ...... Lake. Moore, John D. Jr...... 11/27/1950 POW ...... E5 ...... USA ...... Korea ...... Lake. Morris, Clarence Taylor ...... 12/27/1952 MIA ...... E3 ...... USMC ...... Korea ...... Gary. Morris, David Wesley ...... 02/12/1951 POW ...... E4 ...... USA ...... Korea ...... Madison. Morris, Russell F...... 02/13/1951 MIA ...... E5 ...... USA ...... Korea ...... Delaware. Mullett, Richard Everett ...... 06/15/1952 MIA ...... E8 ...... USMC ...... Korea ...... Butler. Murdock, Jackie Lee ...... 07/06/1950 POW ...... E3 ...... USA ...... Korea ...... Montgomery. Myers, Donald William ...... 12/02/1950 MIA ...... E3 ...... USMC ...... Korea ...... Fort Wayne. Neiswinger, Thomas W...... 09/06/1950 MIA ...... E4 ...... USA ...... Korea ...... Clay. Nicholson, Richard L...... 09/06/1950 MIA ...... E4 ...... USA ...... Korea ...... Henry. Northcutt, Charles Jr...... 07/20/1950 MIA ...... E4 ...... USA ...... Korea ...... Montgomery. Olcott, Richard Lee ...... 10/06/1951 KIA ...... 02 ...... USAF ...... Korea ...... Fort Wayne. Pearson, Raymond Edward ...... 07/14/1950 POW ...... 02 ...... USA ...... Korea ...... Montgomery. Pickens, Russell B...... 07/20/1950 MIA ...... E4 ...... USA ...... Korea ...... Allen. Pleiss, Lewis Peifer ...... 09/23/1951 MIA ...... 02 ...... USAF ...... Korea ...... New Albany. Plump, James ...... 11/27/1950 KIA ...... E8 ...... USA ...... Korea ...... St. Joseph. Pothast, Bobby Lee ...... 06/13/1952 KIA ...... E3 ...... USMC ...... Korea ...... Indianapolis. Reynolds, Bernard Clayton ...... 05/18/1951 MIA ...... E4 ...... USA ...... Korea ...... Randolph. Rice, Donald Ray ...... 05/18/1951 POW ...... E5 ...... USA ...... Korea ...... Porter. Rider, Alexander David ...... 12/06/1950 KIA ...... E6 ...... USMC ...... Korea ...... Gary. Riley, Charles D...... 11/28/1950 POW ...... E4 ...... USA ...... Korea ...... Delaware. Rodman, Marvin L...... 10/20/1952 MIA ...... E7 ...... USA ...... Korea ...... Washington. Ross, Edward F...... 04/25/1951 MIA ...... E5 ...... USA ...... Korea ...... DeKalb. Ross, Robert Lewis ...... 06/10/1952 MIA ...... E6 ...... USAF ...... Korea ...... Rockville. Ruby, Gene Robert ...... 11/30/1950 KIA ...... E3 ...... USMC ...... Korea ...... Roanoke. Rush, John Earl ...... 12/02/1950 MIA ...... E4 ...... USMC ...... Korea ...... South Bend. Scott, Marle D...... 11/29/1950 KIA ...... E3 ...... USA ...... Korea ...... Fountain. Scott, Richard Dale ...... 10/01/1950 MIA ...... E3 ...... USN ...... Korea ...... Peru. Sechman, Donald R...... 07/20/1950 MIA ...... E6 ...... USA ...... Korea ...... Montgomery. Selman, Clifford Gene ...... 05/17/1953 MIA ...... 02 ...... USAF ...... Korea ...... Lafayette. Serwise, Luther Dean ...... 02/12/1951 MIA ...... E7 ...... USA ...... Korea ...... Lake. Shepler, Gerald Ivin ...... 11/29/1950 KIA ...... E4 ...... USA ...... Korea ...... Union. Simmons, Wallace Jr...... 12/06/1950 MIA ...... E8 ...... USA ...... Korea ...... Marion. Smith, Charles E...... 07/27/1950 MIA ...... E3 ...... USA ...... Korea ...... St. Joseph. Smith, Leland Ford ...... 11/28/1950 POW ...... E4 ...... USA ...... Korea ...... Steuben. Soderstrom, Marvin W...... 09/09/1951 MIA ...... E3 ...... USA ...... Korea ...... Porter. Spangler, Donald E...... 11/02/1950 MIA ...... E3 ...... USA ...... Korea ...... Delaware. Stebbens, Alvin Lowell ...... 12/02/1950 MIA ...... E4 ...... USA ...... Korea ...... Grant. Strawser, Paul P...... 07/06/1950 POW ...... E4 ...... USA ...... Korea ...... Steuben. Sturdivant, Charles ...... 02/12/1951 POW ...... E3 ...... USA ...... Korea ...... Huntington. Sturgeon, Gene Alfred ...... 11/28/1950 KIA ...... E4 ...... USMC ...... Korea ...... Connersville. Surber, Harold Paul ...... 05/18/1951 POW ...... E4 ...... USA ...... Korea ...... Marion. Tabaczynski, Edwin Felix ...... 08/20/1951 KIA ...... O1 ...... USAF ...... Korea ...... Mishawaka. Talley, James Willis ...... 11/26/1950 KIA ...... E3 ...... USA ...... Korea ...... Lake. Thurman, John Edward ...... 10/16/1952 NBD ...... E3 ...... USAF ...... Korea ...... Greensboro. Titus, Robert Eli ...... 07/16/1950 POW ...... E3 ...... USA ...... Korea ...... Grant. Toops, William Wilbur ...... 06/16/1952 KIA ...... 02 ...... USAF ...... Korea ...... Anderson. Turner, Robert William ...... 10/12/1950 KIA ...... E7 ...... USN ...... Korea ...... Logansport. Wagner, Gene Lewis ...... 07/16/1950 POW ...... E4 ...... USA ...... Korea ...... White. Wasiak, Richard L...... 12/02/1950 MIA ...... E4 ...... USA ...... Korea ...... Lake. White, Robert Lee ...... 11/30/1950 POW ...... E4 ...... USA ...... Korea ...... Henry. White, Robert Louis ...... 11/30/1950 MIA ...... E5 ...... USA ...... Korea ...... Decatur. Wilder, Robert Dewitt ...... 10/06/1952 KIA ...... E4 ...... USMC ...... Korea ...... Evansville. Williams, Grover Lois ...... 11/28/1950 MIA ...... E4 ...... USMC ...... Korea ...... Walkerton. Wilson, Merble Eugene ...... 02/15/1951 POW ...... E3 ...... USA ...... Korea ...... Tippecanoe. Woliung, John George ...... 11/05/1952 MIA ...... O3 ...... USAF ...... Korea ...... Greencastle. Zekucia, Bernard M...... 08/27/1951 KIA ...... E4 ...... USA ...... Korea ...... Lake. NBD = Non-battle Death NBR = No body recovered PFD = Presumptive Finding of Death

RECOGNIZING WOMEN IN SCIENCE formance of polymer-based solar cells; TRIBUTE TO WOLFGANG MATTES Ms. LANDRIEU. Mr. President, I rise Dr. Karlin Bark, for work in haptic Mr. LEVIN. Mr. President, today, I today to honor an extraordinary group feedback that aims to help retrain the honor a son of Michigan, Mr. Wolfgang of women for their passion and com- motor pathways of stroke survivors; ‘‘Wolf’’ Mattes, a loving husband, dedi- mitment to scientific research. These Dr. Sasha Devore, a neuroscientist cated father, caring friend, and stal- women have pursued careers in the studying sensory processing which wart patriot. Mr. Mattes will celebrate science, technology, engineering and could lead to understanding numerous his 80th birthday on Sunday, Sep- mathematics, or STEM, fields knowing neurological diseases and disorders; Dr. tember 18. that their hard work and dedication Regan Blythe Towal, a biomedical en- Mr. Mattes is a dedicated public serv- might one day have profound effects in gineer working to understand informa- ant who has selflessly served his coun- the worlds of science and medicine. tion processing of the nervous system try, State and community in various In partnership with the American As- thus leading to improved robotic tech- capacities for nearly six decades. sociation for the Advancement of nologies; and, Dr. Tijana Ivanovic, a vi- Known as an honest, warm, and gen- Science, the L’Ore´al USA for Women in rologist working on how viruses, such erous man, Mr. Mattes chose a career Science Fellowship program was estab- as influenza, enter into cells. These as a public servant and worked for the lished in 2003. Today, five remarkable women are truly an inspiration to us city of Detroit for many years, where women are being accepted into this fel- all. he retired as the supervising naturalist lowship where they will join the 35 Please join me in honoring these five at the Belle Isle Nature Center. Wolf is postdoctoral women scientists from extraordinary women and the L’Ore´al a wildlife conservationist at heart and across the United States who came be- USA for Women in Science Fellowship spent countless hours rehabilitating fore them. Program for striving to raise aware- wild animals and protecting their habi- I would like to recognize each of ness of women’s contributions in the tat. Additionally, when his country these five women: Dr. Trisha Andrew, field of scientific research and serving called, he did not hesitate to respond for research in organic electronics with as strong female role models for gen- and proudly served in the U.S. Army the possibility of improving the per- erations to come. during the Korean war.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.060 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5680 CONGRESSIONAL RECORD — SENATE September 15, 2011 An avid sports fan and athlete, Wolf brothers. Admiral King attended Lo- In nominating her for these awards, worked as an usher at Tiger and Olym- rain High School and graduated fourth teachers, staff, students, and parents pia Stadiums. At Olympia Stadium, he in his class from the U.S. Naval Acad- have praised Shelly’s work to build a was the guard for the Red Wing’s lock- emy in 1901. Still enrolled at the Naval respectful environment at East Middle er room and bench and was known as Academy, he served in the Spanish School while creating a personalized ‘‘Wolfie on the bench’’ by the players. American War. In 1905, he married Mar- learning environment for each student, After Olympia Stadium closed, the De- tha Lankin Edgerton in Baltimore, her ability to collaborate and seek in- troit Red Wings brought him with with whom he raised six daughters and novative solutions to complex prob- them to Joe Louis Arena, where he a son. King was known to return to Lo- lems. Shelly has also worked to inte- worked in the press box. rain throughout his life to visit his grate more technology into the cur- Mr. Mattes understands the value childhood friends. riculum to help prepare students for and importance of community service, After his distinguished service in the challenges of the 21st century econ- and his many efforts have been fit- World War I, in 1927, he became a naval omy. Shelly says she loves being in tingly honored through his selection as aviator, and only 6 years later, he was education, ‘‘because of the relation- a volunteer and firefighter of the year, made chief of the Bureau of Aero- ships you build with kids and their Kiwanis volunteer of the year, and Elk nautics of the U.S. Navy, where he families. I love the energy of middle- volunteer of the year. made patrol bombers an essential naval schoolers, you can’t take yourself too On Sunday, we will all look back and arm. He was appointed by President seriously with them.’’ see the hallmarks of a life well lived. Franklin D. Roosevelt in World War II Shelly is also involved in the Great He is beloved not for a litany of accom- as chief of the U.S. Fleet and Chief of Falls community volunteering for the plishments, but simply for who he is. Naval Operations, taking the post only United Way and serving in leadership Beneath a humble exterior lies a gen- 2 weeks after the attack on Pearl Har- positions at Central Christian Church. erous and kind soul. His quiet deter- bor. He earned his nickname, Eagle This month Shelly will be visiting mination, unfailing kindness, and Eye Ernie, by possessing boundless en- Washington, DC, with other award-win- unyielding spirit have made him a pil- ergy, and being a strict disciplinarian. ning principals when they will be rec- lar not only of a proud and loving fam- He retired from the Navy as a deco- ognized for their hard work and ily, but of all who have come to know rated officer, having been awarded 10 achievement in educating and pre- him. medals and 14 Foreign Awards, includ- paring our children for the future, and He remains the dedicated husband to ing the Navy Distinguished Service have the opportunity to share ideas on his lovely bride Barb, whom he met at Medal and the National Defense Serv- how to strengthen our education sys- Michigan State on a blind date over 52 ice Medal. Upon Admiral King’s pass- tem. years ago, and he has been a wonderful ing, on June 25, 1956, President Eisen- I congratulate Shelly on being named father to his adoring daughters Erika hower remarked: ‘‘Admiral King car- the 2011 Montana Principal of the Year Lynn Mattes Rebbe, Heidi Leigh ried his heavy responsibility with cour- and thank her for her decades of serv- Mattes Mason, Brigitte Beth Mattes age, brilliance and continued devotion ice to the Great Falls school system. Cooper, and Inger Ann Mattes Griffin. to duty.’’ Montana has some of the best teachers, This weekend, the city of Lorain, the Today, we offer heartfelt congratula- principals, and school administrators Black River Historical Society, tions to Wolf as he celebrates his 80th in the country. I would like to com- Charleston Village Society, Lorain birthday. This is truly a joyous occa- mend all of them for their hard work City Schools, along with several mem- sion. His unending love of family, and dedication in providing young bers of Admiral King’s family will join friends, and country, as well as his de- Montanans with a world class edu- together to honor the legacy of an cation that prepares them for a bright votion to those who have had the privi- American hero. For school children future.∑ lege of knowing him serve as inspira- who will attend Admiral King Elemen- tion to all. f tary School, and for all Lorain resi- Happy birthday, Wolf. May you enjoy dents who will pass by his home on TRIBUTE TO MR. AND MRS. happiness, good fortune, and good Hamilton Avenue, let us remember the VIRGIL POE health for many years to come. lessons of Admiral Ernest Joseph King, ∑ Mrs. HUTCHISON. Mr. President, f that patriotism and service forever an- today I wish to honor the 65th wedding REMEMBERING ADMIRAL ERNEST chors the greatness of our Nation. anniversary of Mr. and Mrs. Virgil Poe, JOSEPH KING f the parents of my good friend serving the 2nd District of Texas, Congressman Mr. BROWN of Ohio. Mr. President, I ADDITIONAL STATEMENTS TED POE. rise to speak today as citizens of Lo- In the summer of 1945, following his rain County, OH soon gather to honor service in Germany in the Second TRIBUTE TO SHELLY one of their favorite sons, ADM Ernest World War, TSgt Virgil Poe was sta- FAGENSTROM Joseph King, an American hero, who tioned at the US Army Post in Fort served as commander in chief of the ∑ Mr. BAUCUS. Mr. President, today I Hood, TX, re-equipping and preparing U.S. Fleet, and Chief of Naval Oper- recognize Shelly Fagenstrom, an out- for a possible land invasion of Japan. ations during World War II. standing educator from my home State At the same time, Miss Dorrace Hill This Sunday, September 18, 2011, Ad- of Montana. Shelly is the principal of was serving the local Army hospital as miral King’s memory will be honored East Middle School in Great Falls and a volunteer for the Red Cross. On a with a Lorain elementary school has been recognized by the Montana Wednesday night during that summer named in his honor. An open green Association of Secondary School Prin- of 1945, Virgil met Dorrace at a prayer space, in the shape of an anchor, will cipals as the Montana Principal of the meeting church service. The next year, be dedicated directly across the street Year for 2011. the couple was married on October 16, from the admiral’s birthplace, a home Shelly has taught and served as an 1946. at 113 Hamilton Avenue that still administrator in the Great Falls school Virgil and Dorrace began their wed- stands today. Both the elementary system for 38 years; all but 2 of those ded life operating a DX service station school and the green space will remind have been at the middle school level. where Virgil pumped gas, sold tires, future generations of the admiral’s She has been the principal at East Mid- and fixed cars. Soon thereafter, they contributions to our country and the dle School since 2005 and prior to that moved to Abilene, TX, where Virgil en- personal traits that made him an served for 6 years as the principal at rolled at Abilene Christian University. American hero: tenacity, love of coun- Paris Gibson Middle School. This isn’t While there, he supported his family try, fearlessness. the first time Shelly has been honored and paid his tuition by working nights Ernest Joseph King was born in Lo- for her dedication to her students—in for Southwestern Bell and KRBC rain on November 23, 1878, to Elizabeth 2010 she was named Educator of the Radio. and James Clydesdale King. He was the Year by the Montana Parent Teacher After college, the Poes moved to older brother to two sisters and two Association. Houston, where Virgil and Dorrace

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.040 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5681 raised TED and Jayne. Virgil worked Additionally, he had an outstanding the owners, who were known as the Secaucus for more than 40 years as an engineer ability to bring people to his views, Seven. When the owners tried to turn things at the Southwestern Bell Telephone earning enormous respect and alle- around in 1996, they selected the well-liked Company, and the Poes were active giance. He was highly moral and hon- Mr. Taub as chairman. Two years later, they members of the Memorial Church of est and encouraged trust in all who sold the team to another group of New Jer- Christ. knew him. He was without trappings, sey businessmen. Virgil and Dorrace’s marriage is and with Henry Taub his word was his Henry Taub was born in Paterson on Sept. rooted in faith and love. The Poes are bond. He shared affection and deep love 20, 1927, the son of a junk dealer, and was celebrating 65 years of marriage sur- with family and friends and could al- raised in a working-class neighborhood rounded by their beloved family, in- ways be counted upon for straight an- there. ‘‘The streets were just filled with peo- cluding their son TED and his wife swers when questions arose. ple and kids and debate and excitement and, Carol and their daughter Jayne, their 8 Henry Taub was my junior by a few from my point of view, intellectual fervor,’’ grandchildren, and 13 great-grand- years, but through more than 50 years he said in a 1996 interview with The New children. Mr. President, I am proud to of friendship, his high personal stand- York Times. honor the 65th wedding anniversary of ards set a target for decency and qual- After skipping two grades in public school, Virgil and Dorrace Poe, and join with ity in life. He will long be remembered Mr. Taub graduated from New York Univer- their family and friends in recognizing as an example for others to follow and sity with a degree in accounting in three them on this special occasion.∑ I remain extremely grateful for his years at 19 and joined an accounting practice. When a client, a clothing business, did f contributions to my life. I ask to have printed in the RECORD, not issue paychecks one week because of an REMEMBERING HENRY TAUB a copy of the obituary that appeared in illness, causing an employee walkout, Mr. ∑ Mr. LAUTENBERG. Mr. President, I the New York Times at the time of his Taub had the idea for a new business: payroll speak today in commemoration of the passing. processing. life of Henry Taub, founder of ADP in The information follows. Mr. Taub retired from A.D.P. in the mid- 1949 at 21 years of age. He was 19 years [From the New York Times, Apr. 4, 2011] 1980s, when the company said it was processing paychecks for a 10th of the nation’s old when he received his degree in ac- HENRY TAUB, A FOUNDER OF A PAYROLL FIRM counting from NYU. THAT BECAME A GLOBAL GIANT, DIES AT 83 work force. Afterward he became involved in an array of community, philanthropic and The company then called Automatic (By Duff Wilson) other business endeavors. With his wife he Payrolls was started with a loan of Henry Taub, a founder of the payroll com- created the Henry and Marilyn Taub Foun- $5,000. pany that grew into the global giant Auto- Henry Taub and I became acquainted matic Data Processing, died on Thursday in dation, with assets estimated at $150 million. in 1952 when we both worked in a build- Manhattan. He was 83 and lived in Tenafly, He financed the Taub Institute for Re- ing in Paterson, NJ where Henry’s pay- N.J. search on Alzheimer’s Disease and the Aging roll service company was based. Our The cause was complications of leukemia, Brain at Columbia University, the Taub Cen- occasional contact served to famil- his son Steven said. ter for Israel Studies at New York Univer- For many years Mr. Taub was also a co- sity and the Taub Center for Social Policy iarize me with a vital service to busi- owner of the New Jersey Nets. Studies in Israel in Jerusalem. nesses large and small. Starting in 1949 in an office above a It was in 1952 that I joined this fledg- Paterson, N.J., ice cream parlor and then in Among other activities, he was president ling organization to become its first a hotel basement, Mr. Taub and his brother, of the American Technion Society, the salesman and early on a senior member Joseph, built the company on a reputation United States affiliate of an Israeli institute of management. Henry, his brother Jo- for precision and timeliness. They were of technology, and was chairman of the insti- seph Taub, and I worked well together, joined in the early years by an aspiring tute’s international board of governors. He and the business began the growth that salesman who had been their childhood was chairman of the United Israel Appeal friend—Frank R. Lautenberg, now a Demo- from 1986 to 1990. would lead ultimately to a status few cratic senator from New Jersey. companies achieve. ‘‘The idea was not a brilliant idea, it was a He was also a trustee of New York Univer- Today ADP employs over 45,000 peo- good idea, but what we did in terms of hard sity and served on the boards of Rite-Aid, ple in 23 countries and holds the record work made it,’’ Senator Lautenberg said in Hasbro, Bank Leumi and Trust Company of for at least 10 percent growth in profits an interview on Sunday. ‘‘Lots of seven-day New York, Interfaith Hunger Appeal and the each year for 42 years in a row. It is a workweeks, lots of 12-hour days.’’ New York Shakespeare Festival/Public The- record unmatched by any other pub- Today, A.D.P, based in Roseland, N.J., has ater. annual sales of more than $9 billion and licly held company. It is now also only about 550,000 clients and is one of the world’s Mr. Taub is survived by his brother, Jo- one of four companies in our country largest providers of business services. Back seph; his wife of 53 years, Marilyn; their to qualify as a AAA rated company. then, however, it was a shoestring operation: three children, Judith Gold, Steven and Ira; Thirty years at ADP in various as- the Taubs often delivered payrolls by bus and 10 grandchildren.∑ signments as head of marketing, presi- and cleaned their own offices at night. dent, chairman, and CEO of ADP ‘‘Each of us had a function,’’ Senator Lau- f brought me to think my experience tenberg said. ‘‘Henry was the strategic one might be of value for service in the in the firm and designed the system, and Joe managed the operation, and I was the mar- MESSAGES FROM THE PRESIDENT public interest. In that connection I de- keter, the salesman.’’ cided to try to win a seat in the U.S. The company, initially called Automatic Messages from the President of the Senate. Good fortune came my way, Payrolls, changed its name to Automatic United States were communicated to and in 1982 I won a first term as a Sen- Data Processing in 1958 and went public in the Senate by Mr. Pate, one of his sec- ator. 1961. The timing was perfect because I.B.M. retaries. My business experience and back- had recently begun marketing an attrac- tively priced business computer system that ground credentials were principal f issues in a tough campaign. I learned a increased A.D.P.’s capabilities. Mr. Taub was president of the company great deal over the three decades at from 1949 to 1970, chairman and chief execu- EXECUTIVE MESSAGES REFERRED ADP, but a major factor in that suc- tive from 1970 to 1977 and chairman from 1977 cess was my good luck to have worked to 1985. He was an honorary board chairman As in executive session the Presiding side by side with Henry Taub. since then. Senator Lautenberg left the com- Officer laid before the Senate messages Henry was an unusually talented in- pany in 1983 after winning election to the from the President of the United United States Senate. He is now the longest- dividual. He had superb instincts States submitting sundry nominations buoyed by extraordinary intelligence. serving senator in New Jersey history. which were referred to the appropriate His modesty was widely known, and a Mr. Taub and his brother were among seven local businessmen who were co-owners committees. subtle demeanor was included. He was of the struggling Nets franchise in the Na- a strategic thinker and responded tional Basketball Association for almost 20 (The nominations received today are calmly and directly with problem solv- years. The Nets suffered injuries, coaching printed at the end of the Senate pro- ing. changes, many losses and bickering among ceedings.)

VerDate Mar 15 2010 03:57 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.023 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5682 CONGRESSIONAL RECORD — SENATE September 15, 2011 PRESIDENT’S REPORT TO CON- whale meat to Japan reportedly in- months, or immediately upon the re- GRESS RELATIVE TO THE SEC- creased significantly in both March sumption of fin whaling by Icelandic RETARY OF COMMERCE’S CER- and April 2011. nationals, I have directed relevant de- TIFICATION UNDER SECTION 8 Iceland’s actions threaten the con- partments and agencies to report to me OF THE FISHERMAN’S PROTEC- servation status of an endangered spe- through the Departments of State and TIVE ACT OF 1967, AS AMENDED cies and undermine multilateral efforts Commerce on their actions. I believe (THE ‘‘PELLY AMENDMENT’’) (22 to ensure greater worldwide protection these actions hold the most promise of U.S.C. 1978) THAT NATIONALS OF for whales. Iceland’s increased com- effecting a reduction in Iceland’s com- ICELAND HAVE CONDUCTED mercial whaling and recent trade in mercial whaling activities. WHALING ACTIVITIES THAT DI- whale products diminish the effective- BARACK OBAMA. MINISH THE EFFECTIVENESS OF ness of the IWC’s conservation program THE WHITE HOUSE, September 15, 2011. because: (1) Iceland’s commercial har- THE INTERNATIONAL WHALING f COMMISSION (IWC) CONSERVA- vest of whales undermines the morato- TION PROGRAM—PM 21 rium on commercial whaling put in MESSAGES FROM THE HOUSE place by the IWC to protect plum- The PRESIDING OFFICER laid be- At 9:40 a.m., a message from the meting whale stocks; (2) the fin whale fore the Senate the following message House of Representatives, delivered by harvest greatly exceeds catch levels Mr. Novotny, one of its reading clerks, from the President of the United that the IWC’s scientific body advised announced that the House has passed States which was referred to the Com- would be sustainable if the moratorium the following joint resolution, in which mittee on Commerce, Science, and were removed; and (3) Iceland’s har- it requests the concurrence of the Sen- Transportation: vests are not likely to be brought ate: To the Congress of the United States: under IWC management and control at On July 19, 2011, Secretary of Com- sustainable levels through multilateral H.J. Res. 77. Joint resolution relating to merce Gary Locke certified under sec- the disapproval of the President’s exercise of efforts at the IWC. authority to increase the debt limit, as sub- tion 8 of the Fisherman’s Protective In his letter of July 19, 2011, Sec- mitted under section 3101A of title 31, United Act of 1967, as amended (the ‘‘Pelly retary Locke expressed his concern for States Code, on August 2, 2011. Amendment’’) (22 U.S.C. 1978), that na- these actions, and I share these con- tionals of Iceland are conducting whal- cerns. To ensure that this issue con- At 2:44 p.m., a message from the ing activities that diminish the effec- tinues to receive the highest level of House of Representatives, delivered by tiveness of the International Whaling attention, I direct: (1) relevant U.S. Mr. Novotny, one of its reading clerks, Commission (IWC) conservation pro- delegations attending meetings with announced that the House has passed gram. This message constitutes my re- Icelandic officials and senior Adminis- the following bills, in which it requests port to the Congress consistent with tration officials visiting Iceland to the concurrence of the Senate: subsection (b) of the Pelly Amendment. raise U.S. concerns regarding commer- H.R. 2587. An act to prohibit the National In 1982, the IWC set catch limits for cial whaling by Icelandic companies Labor Relations Board from ordering any all commercial whaling at zero. This and seek ways to halt such action; (2) employer to close, relocate, or transfer em- decision, known as the commercial Cabinet secretaries to evaluate the ap- ployment under any circumstances. whaling moratorium, is in effect today. propriateness of visits to Iceland de- H.R. 2867. An act to reauthorize the Inter- Iceland abided by the moratorium until pending on continuation of the current national Religious Freedom Act of 1998, and 1992, when it withdrew from the IWC. suspension of fin whaling; (3) the De- for other purposes. In 2002, Iceland rejoined the IWC with a partment of State to examine Arctic The message also announced that reservation to the moratorium on com- cooperation projects, and where appro- pursuant to 22 U.S.C. 276d and the order mercial whaling. In 2003, Iceland began priate, link U.S. cooperation to the Ice- of the House of January 5, 2011, the a lethal scientific research whaling landic government changing its whal- Speaker appoints the following Mem- program. In 2004, Secretary of Com- ing policy and abiding by the IWC mor- bers of the House of Representatives to merce Donald L. Evans certified Ice- atorium on commercial whaling; (4) the Canada-United States Inter- land under the Pelly Amendment for the Departments of Commerce and parliamentary Group: Mr. DREIER of lethal scientific research whaling. State to consult with other inter- California, Mr. LUNGREN of California, When Iceland resumed commercial national actors on efforts to end Ice- Mrs. MILLER of Michigan, Mr. SMITH of whaling in 2006, Secretary Carlos M. landic commercial whaling and have Nebraska, Mr. HUIZENGA of Michigan, Gutierrez retained Iceland’s certifi- Iceland abide by the IWC moratorium Mr. HIGGINS of New York, Mr. MEEKS of cation, which remains in effect today. on commercial whaling; (5) the Depart- New York, Ms. SLAUGHTER of New Iceland’s commercial harvest of fin ment of State to inform the Govern- York, Mr. WELCH of Vermont, and Mr. whales escalated dramatically over the ment of Iceland that the United States LARSEN of Washington. past few years. In addition, Iceland re- will continue to monitor the activities f cently resumed exporting whale prod- of Icelandic companies that engage in ucts. Of particular concern to the commercial whaling; and (6) relevant MEASURES REFERRED United States, Iceland harvested 125 U.S. agencies to continue to examine The following bill was read the first endangered fin whales in 2009 and 148 in other options for responding to contin- and the second times by unanimous 2010, a significant increase from the ued whaling by Iceland. consent, and referred as indicated: total of 7 fin whales it commercially I concur with the Secretary of Com- H.R. 2867. An act to reauthorize the Inter- harvested between 1987 and 2007. merce’s recommendation to pursue the national Religious Freedom Act of 1998, and Iceland’s sole fin whaling company, use of non-trade measures and that the for other purposes; to the Committee on For- Hvalur hf, suspended its fin whaling actions outlined above are the appro- eign Relations. due to the earthquake and tsunami in priate course of action to address this f Japan, where it exports its whale meat. issue. Accordingly, I am not directing Despite this suspension, Iceland con- the Secretary of the Treasury to im- MEASURES PLACED ON THE tinues to permit whaling and has a pose trade measures on Icelandic prod- CALENDAR government issued fin whale quota in ucts for the whaling activities that led The following joint resolution was effect for the 2011 season that con- to the certification by the Secretary of read the first and second times by tinues to exceed catch levels that the Commerce. However, to ensure that unanimous consent, and placed on the IWC’s scientific body advised would be this issue continues to receive the calendar pursuant to Public Law 112– sustainable if the moratorium was re- highest level of attention, I am direct- 25, section 301(a)(2): moved. This continues to present a ing the Departments of State and Com- H.J. Res. 77. Joint resolution relating to threat to the conservation of fin merce to continue to keep the situa- the disapproval of the President’s exercise of whales. Further, Icelandic nationals tion under review and continue to urge authority to increase the debt limit, as sub- continue to hunt minke whales com- Iceland to cease its commercial whal- mitted under section 3101A of title 31, United mercially and Iceland’s exports of ing activities. Further, within 6 States Code, on August 2, 2011.

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.032 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5683 MEASURES READ THE FIRST TIME fice of the President of the Senate on Sep- Treasury, transmitting, pursuant to law, the tember 14, 2011; to the Committee on Armed report of a rule entitled ‘‘Update of Weighted The following bill was read the first Services. Average Interest Rates, Yield Curves, and time: EC–3255. A communication from the Direc- Segment Rates’’ (Notice 2011–75) received in H.R. 2587. An act to prohibit the National tor of Defense Procurement and Acquisition the Office of the President of the Senate on Labor Relations Board from ordering any Policy, Department of Defense, transmit- September 13, 2011; to the Committee on Fi- employer to close, relocate, or transfer em- ting, pursuant to law, the report of a rule en- nance. ployment under any circumstance. titled ‘‘Multiyear Contracting’’ ((RIN0750– EC–3265. A communication from the Chief AG89) (DFARS Case 2009–D026)) received in of the Publications and Regulations Branch, f the Office of the President of the Senate on Internal Revenue Service, Department of the EXECUTIVE AND OTHER September 14, 2011; to the Committee on Treasury, transmitting, pursuant to law, the COMMUNICATIONS Armed Services. report of a rule entitled ‘‘List of Nonbank EC–3256. A communication from the Direc- Trustees and Custodians’’ (Announcement The following communications were tor of Defense Procurement and Acquisition 2011–59) received in the Office of the Presi- laid before the Senate, together with Policy, Department of Defense, transmit- dent of the Senate on September 13, 2011; to accompanying papers, reports, and doc- ting, pursuant to law, the report of a rule en- the Committee on Finance. EC–3266. A communication from the Chief uments, and were referred as indicated: titled ‘‘Annual Representations and Certifi- cations’’ ((RIN0750–AG39) (DFARS Case 2009– of the Publications and Regulations Branch, EC–3247. A communication from the Con- Internal Revenue Service, Department of the D011)) received in the Office of the President gressional Review Coordinator, Animal and Treasury, transmitting, pursuant to law, the of the Senate on September 14, 2011; to the Plant Health Inspection Service, Department report of a rule entitled ‘‘Announcement of Committee on Armed Services. of Agriculture, transmitting, pursuant to the Results of the 2010–2011 Allocation Round EC–3257. A communication from the Chief law, the report of a rule entitled ‘‘Tuber- of the Qualifying Advanced Coal Project Pro- Counsel, Federal Emergency Management culosis in Cattle and Bison; State and Zone gram’’ (Announcement 2011–62) received in Agency, Department of Homeland Security, Designations; Michigan’’ (Docket No. the Office of the President of the Senate on transmitting, pursuant to law, the report of APHIS–2011–0075) received in the Office of the September 13, 2011; to the Committee on Fi- a rule entitled ‘‘Suspension of Community President of the Senate on September 14, nance. Eligibility’’ ((44 CFR Part 64) (Docket No. 2011; to the Committee on Agriculture, Nu- EC–3267. A communication from the Chief FEMA–8195)) received in the Office of the trition, and Forestry. of the Publications and Regulations Branch, President of the Senate on September 14, EC–3248. A communication from the Under Internal Revenue Service, Department of the 2011; to the Committee on Banking, Housing, Secretary of Defense (Comptroller), trans- Treasury, transmitting, pursuant to law, the and Urban Affairs. mitting, pursuant to law, a report relative to report of a rule entitled ‘‘Examination of Re- EC–3258. A communication from the Fed- violations of the Antideficiency Act that oc- turns and Claims for Refund, Credit, or eral Register Certifying Officer, Financial curred within the Operation and Mainte- Abatement; Determination of Tax Liability’’ Management Service, Department of the nance, Navy account 17* 1804, during Fiscal (Rev. Proc. 2011–45) received in the Office of Treasury, transmitting, pursuant to law, the Year (FY) 2004 and FY 2006 at the Bureau of the President of the Senate on September 13, report of a rule entitled ‘‘Indorsement and Naval Personnel and was assigned Navy case 2011; to the Committee on Finance. Payment of Checks Drawn on the United EC–3268. A communication from the Chief number 07–10; to the Committee on Appro- States Treasury’’ (RIN1510–AB25) received in of the Publications and Regulations Branch, priations. the Office of the President of the Senate on Internal Revenue Service, Department of the EC–3249. A communication from the Assist- September 13, 2011; to the Committee on Treasury, transmitting, pursuant to law, the ant Secretary, Bureau of Political-Military Banking, Housing, and Urban Affairs. report of a rule entitled ‘‘Section 6707A and Affairs, Department of State, transmitting, EC–3259. A communication from the Regu- the Failure to Include on Any Return or pursuant to law, an addendum to a certifi- latory Specialist, Office of the Comptroller Statement Any Information Required to be cation, transmittal number: DDTC 11–069, of of the Currency, Department of the Treas- Disclosed under Section 6011 with Respect to the proposed sale or export of defense arti- ury, transmitting, pursuant to law, the re- a Reportable Transaction’’ ((RIN1545–BF61) cles and/or defense services to a Middle East port of a rule entitled ‘‘Retail Foreign Ex- (TD 9550)) received in the Office of the Presi- country regarding any possible effects such a change Transactions’’ (RIN1557–AD42) re- dent of the Senate on September 13, 2011; to sale might have relating to Israel’s Quali- ceived in the Office of the President of the the Committee on Finance. tative Military Edge over military threats to Senate on September 12, 2011; to the Com- EC–3269. A communication from the Chief Israel; to the Committee on Armed Services. mittee on Banking, Housing, and Urban Af- of the Publications and Regulations Branch, EC–3250. A communication from the Under fairs. Internal Revenue Service, Department of the Secretary of Defense (Personnel and Readi- EC–3260. A communication from the Chair- Treasury, transmitting, pursuant to law, the ness), transmitting a report on the approved man and President of the Export-Import report of a rule entitled ‘‘Implementation of retirement of Admiral Gary Roughead, Bank, transmitting, pursuant to law, a re- Form 990’’ ((RIN1545–BH28) (TD 9549)) re- United States Navy, and his advancement to port relative to transactions involving U.S. ceived in the Office of the President of the the grade of admiral on the retired list; to exports to Ireland; to the Committee on Senate on September 13, 2011; to the Com- the Committee on Armed Services. Banking, Housing, and Urban Affairs. mittee on Finance. EC–3251. A communication from the Sec- EC–3261. A communication from the Sec- EC–3270. A communication from the Assist- retary of Defense (Personnel and Readiness), retary of the Securities and Exchange Com- ant Secretary, Bureau of Legislative Affairs, transmitting a report on the approved retire- mission, transmitting, pursuant to law, the Department of State, transmitting, pursuant ment of Lieutenant General Allen G. Peck, report of a rule entitled ‘‘Privacy Act of 1974; to law, a report relative to the justification United States Air Force, and his advance- Implementation and Amendment of Exemp- for the President’s waiver of the restrictions ment to the grade of lieutenant general on tions’’ (17 CFR Part 200) received in the Of- on the provision of funds to the Palestinian the retired list; to the Committee on Armed fice of the President of the Senate on Sep- Authority; to the Committee on Foreign Re- Services. tember 13, 2011; to the Committee on Com- lations. EC–3271. A communication from the Sec- EC–3252. A communication from the Acting merce, Science, and Transportation. Secretary of Defense (Acquisition, Tech- EC–3262. A communication from the Fed- retary of the Department of Homeland Secu- nology and Logistics), transmitting, pursu- eral Register Certifying Officer, Financial rity, transmitting, a legislative proposal rel- ant to law, a report entitled ‘‘The Fiscal Management Service, Department of the ative to implementing a pay reform initia- Year 2010 Inventory of Contracts for Serv- Treasury, transmitting, pursuant to law, the tive referenced in the Department of Home- ices’’; to the Committee on Armed Services. report of a rule entitled ‘‘Federal Govern- land Security’s Fiscal Year 2012 Congres- sional Budget Justification; to the Com- EC–3253. A communication from the Direc- ment Participation in the Automated Clear- mittee on Homeland Security and Govern- tor of Defense Procurement and Acquisition ing House’’ (RIN1510–AB24) received in the Policy, Department of Defense, transmit- mental Affairs. Office of the President of the Senate on Sep- EC–3272. A communication from the Reg- ting, pursuant to law, the report of a rule en- tember 13, 2011; to the Committee on Fi- titled ‘‘Ships Bunkers Easy Acquisitions ister of Copyrights, United States Copyright nance. Office, Library of Congress, transmitting, (SEA) Card and Aircraft Ground Services’’ EC–3263. A communication from the Chief pursuant to law, a report entitled ‘‘Satellite ((RIN0750–AH07) (DFARS Case 2009–D019)) re- of the Publications and Regulations Branch, Television Extension and Localism Act’’; to ceived in the Office of the President of the Internal Revenue Service, Department of the the Committee on the Judiciary. Senate on September 12, 2011; to the Com- Treasury, transmitting, pursuant to law, the mittee on Armed Services. report of a rule entitled ‘‘Air Transportation f EC–3254. A communication from the Direc- and Aviation Fuels Excise Taxes’’ (Notice REPORTS OF COMMITTEES tor of Defense Procurement and Acquisition 2011–69) received in the Office of the Presi- Policy, Department of Defense, transmit- dent of the Senate on September 13, 2011; to The following reports of committees ting, pursuant to law, the report of a rule en- the Committee on Finance. were submitted: titled ‘‘Presumption of Development Exclu- EC–3264. A communication from the Chief By Mr. INOUYE, from the Committee on sively at Private Expense’’ ((RIN0750–AF84) of the Publications and Regulations Branch, Appropriations, with an amendment in the (DFARS Case 2007–D003)) received in the Of- Internal Revenue Service, Department of the nature of a substitute:

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H.R. 2219. A bill making appropriations for combining the categories of ‘‘cellulosic By Mr. ENZI (for himself, Mr. BAR- the Department of Defense for the fiscal year biofuel’’ and ‘‘advance biofuel’’ into 1 RASSO, Mr. MCCONNELL, Mr. REID, Mr. ending September 30, 2012, and for other pur- technology- and feedstock-neutral category AKAKA, Mr. ALEXANDER, Ms. AYOTTE, poses (Rept. No. 112–77). of ‘‘advanced biofuel’’, and for other pur- Mr. BAUCUS, Mr. BEGICH, Mr. BENNET, By Ms. MIKULSKI, from the Committee on poses; to the Committee on Environment and Mr. BINGAMAN, Mr. BLUMENTHAL, Mr. Appropriations, without amendment: Public Works. BLUNT, Mr. BOOZMAN, Mrs. BOXER, S. 1572. An original bill making appropria- By Mr. CASEY: Mr. BROWN of Massachusetts, Mr. tions for Departments of Commerce and Jus- S. 1565. A bill to establish the National BROWN of Ohio, Mr. BURR, Ms. CANT- tice, and Science, and Related Agencies for Competition for Community Renewal to en- WELL, Mr. CARDIN, Mr. CARPER, Mr. the fiscal year ending September 30, 2012, and courage communities to adopt innovative CASEY, Mr. CHAMBLISS, Mr. COATS, for other purposes (Rept. No. 112–78). strategies and design principles to programs Mr. COBURN, Mr. COCHRAN, Ms. COL- By Mr. DURBIN, from the Committee on related to poverty prevention, recovery and LINS, Mr. CONRAD, Mr. COONS, Mr. Appropriations, without amendment: response, and for other purposes; to the Com- CORKER, Mr. CORNYN, Mr. CRAPO, Mr. S. 1573. An original bill making appropria- mittee on Finance. DEMINT, Mr. DURBIN, Mrs. FEINSTEIN, tions for financial services and general gov- By Mr. KIRK (for himself, Mr. ALEX- Mr. FRANKEN, Mrs. GILLIBRAND, Mr. ernment for the fiscal year ending Sep- ANDER, Mr. BURR, Mr. ISAKSON, Mr. GRAHAM, Mr. GRASSLEY, Mrs. HAGAN, tember 30, 2010, and for other purposes (Rept. MCCAIN, Mr. ROBERTS, Mr. RUBIO, and Mr. HARKIN, Mr. HATCH, Mr. HELLER, No. 112–79). Mr. WICKER): Mr. HOEVEN, Mrs. HUTCHISON, Mr. By Mr. NELSON of Nebraska, from the S. 1566. A bill to amend the Elementary INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. Committee on Appropriations, with an and Secondary Education Act of 1965 regard- JOHANNS, Mr. JOHNSON of Wisconsin, amendment in the nature of a substitute: ing public charter schools; to the Committee Mr. JOHNSON of South Dakota, Mr. H.R. 2551. A bill making appropriations for on Health, Education, Labor, and Pensions. KERRY, Mr. KIRK, Ms. KLOBUCHAR, the Legislative Branch for the fiscal year By Mr. ALEXANDER (for himself, Mr. Mr. KOHL, Mr. KYL, Ms. LANDRIEU, ending September 30, 2012, and for other pur- ISAKSON, Mr. KIRK, Mr. ROBERTS, and Mr. LAUTENBERG, Mr. LEAHY, Mr. poses (Rept. No. 112–80). Mr. WICKER): LEE, Mr. LEVIN, Mr. LIEBERMAN, Mr. S. 1567. A bill to amend title II of the Ele- LUGAR, Mr. MANCHIN, Mr. MCCAIN, f mentary and Secondary Education Act of Mrs. MCCASKILL, Mr. MENENDEZ, Mr. EXECUTIVE REPORTS OF 1965, and for other purposes; to the Com- MERKLEY, Ms. MIKULSKI, Mr. MORAN, COMMITTEE mittee on Health, Education, Labor, and Ms. MURKOWSKI, Mrs. MURRAY, Mr. Pensions. NELSON of Nebraska, Mr. NELSON of The following executive reports of By Mr. ALEXANDER (for himself, Mr. Florida, Mr. PAUL, Mr. PORTMAN, Mr. nominations were submitted: BURR, Mr. RUBIO, Mr. GRASSLEY, Mr. PRYOR, Mr. REED, Mr. RISCH, Mr. By Mr. LEAHY for the Committee on the ROBERTS, Mr. WICKER, and Mr. COR- ROBERTS, Mr. ROCKEFELLER, Mr. Judiciary. NYN): RUBIO, Mr. SANDERS, Mr. SCHUMER, Edgardo Ramos, of Connecticut, to be S. 1568. A bill to amend section 9401 of the Mr. SESSIONS, Mrs. SHAHEEN, Mr. United States District Judge for the South- Elementary and Secondary Education Act of SHELBY, Ms. SNOWE, Ms. STABENOW, ern District of New York. 1965 with regard to waivers of statutory and Mr. TESTER, Mr. THUNE, Mr. TOOMEY, Andrew L. Carter, Jr., of New York, to be regulatory requirements; to the Committee Mr. UDALL of Colorado, Mr. UDALL of United States District Judge for the South- on Health, Education, Labor, and Pensions. New Mexico, Mr. VITTER, Mr. WAR- ern District of New York. By Mr. BURR (for himself, Mr. ALEX- NER, Mr. WEBB, Mr. WHITEHOUSE, Mr. James Rodney Gilstrap, of Texas, to be ANDER, Mr. ISAKSON, Mr. ROBERTS, WICKER, and Mr. WYDEN): S. Res. 268. A resolution relative to the United States District Judge for the Eastern Mr. RUBIO, and Mr. WICKER): death of the Honorable Malcolm Wallop, District of Texas. S. 1569. A bill to amend the Elementary former Senator for the State of Wyoming; Jesse M. Furman, of New York, to be and Secondary Education Act of 1965 to provide State educational agencies and local considered and agreed to. United States District Judge for the South- By Mr. GRAHAM (for himself, Mrs. ern District of New York. educational agencies with flexible Federal education funding that will allow such State HAGAN, Mr. ALEXANDER, Mr. BURR, (Nominations without an asterisk and local educational agencies to fund lo- Mr. BROWN of Ohio, Mr. CARDIN, Mr. were reported with the recommenda- cally determined programs and initiatives CHAMBLISS, Mr. COBURN, Mr. COCH- tion that they be confirmed.) that meet the varied and unique needs of in- RAN, Mr. COONS, Mr. CORNYN, Mr. dividual States and localities; to the Com- DEMINT, Mr. DURBIN, Mrs. f mittee on Health, Education, Labor, and HUTCHISON, Mrs. MCCASKILL, Ms. INTRODUCTION OF BILLS AND Pensions. LANDRIEU, Ms. MIKULSKI, Mr. NELSON JOINT RESOLUTIONS By Mr. MCCAIN: of Florida, Mr. CARPER, and Mr. S. 1570. A bill to provide for high-quality LEVIN): The following bills and joint resolu- academic tutoring for low-income students, S. Res. 269. A resolution designating the tions were introduced, read the first and for other purposes; to the Committee on week beginning September 19, 2011, as ‘‘Na- and second times by unanimous con- Health, Education, Labor, and Pensions. tional Historically Black Colleges and Uni- versities Week’’; considered and agreed to. sent, and referred as indicated: By Mr. ISAKSON (for himself, Mr. ALEXANDER, Mr. KIRK, Mr. RUBIO, Mr. By Mr. NELSON of Nebraska (for him- By Ms. STABENOW (for herself, Mr. ROBERTS, and Mr. WICKER): self, Mr. CHAMBLISS, Mr. NELSON of THUNE, Mr. BROWN of Ohio, Mr. BEN- S. 1571. A bill to amend title I of the Ele- Florida, and Mr. ISAKSON): NET, Mr. WYDEN, Mr. COONS, Mr. mentary and Secondary Education Act of S. Res. 270. A resolution supporting the BLUNT, Mr. COCHRAN, and Mr. 1965, and for other purposes; to the Com- goals and ideals of ‘‘National Life Insurance INHOFE): mittee on Health, Education, Labor, and Awareness Month’’; to the Committee on S. 1561. A bill to amend the Internal Rev- Pensions. Banking, Housing, and Urban Affairs. enue Code of 1986 to provide for the deduct- By Ms. MIKULSKI: f ibility of charitable contributions to agricul- S. 1572. An original bill making appropria- ADDITIONAL COSPONSORS tural research organizations, and for other tions for Departments of Commerce and Jus- purposes; to the Committee on Finance. tice, and Science, and Related Agencies for S. 228 By Mr. LUGAR (for himself and Ms. the fiscal year ending September 30, 2012, and At the request of Mr. JOHNSON of Wis- COLLINS): for other purposes; from the Committee on consin, his name was added as a co- S. 1562. A bill to amend section 1502 of title Appropriations; placed on the calendar. sponsor of S. 228, a bill to preempt reg- 5, United States Code, to permit law enforce- By Mr. DURBIN: ment officers to be candidates for sheriff, ulation of, action relating to, or con- S. 1573. An original bill making appropria- sideration of greenhouse gases under and for other purposes; to the Committee on tions for financial services and general gov- Homeland Security and Governmental Af- ernment for the fiscal year ending Sep- Federal and common law on enactment fairs. tember 30, 2010, and for other purposes; from of a Federal policy to mitigate climate By Ms. SNOWE (for herself and Mr. the Committee on Appropriations; placed on change. BROWN of Massachusetts): the calendar. S. 366 S. 1563. A bill to require the President’s f At the request of Mrs. GILLIBRAND, budget to include, at a minimum, a request the name of the Senator from Rhode Is- for disaster funding based on to the 10 year SUBMISSION OF CONCURRENT AND land (Mr. WHITEHOUSE) was added as a average; to the Committee on the Budget. SENATE RESOLUTIONS By Mr. UDALL of New Mexico (for cosponsor of S. 366, a bill to require dis- himself and Mr. CRAPO): The following concurrent resolutions closure to the Securities and Exchange S. 1564. A bill to amend the Clean Air Act and Senate resolutions were read, and Commission of certain sanctionable ac- to improve the renewable fuel program by referred (or acted upon), as indicated: tivities, and for other purposes.

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S. 384 S. 742 S. 1214 At the request of Mrs. FEINSTEIN, the At the request of Mr. BROWN of Ohio, At the request of Mrs. GILLIBRAND, name of the Senator from Pennsyl- the name of the Senator from Montana the name of the Senator from Alaska vania (Mr. CASEY) was added as a co- (Mr. TESTER) was added as a cosponsor (Mr. BEGICH) was added as a cosponsor sponsor of S. 384, a bill to amend title of S. 742, a bill to amend chapters 83 of S. 1214, a bill to amend title 10, 39, United States Code, to extend the and 84 of title 5, United States Code, to United States Code, regarding restric- authority of the United States Postal set the age at which Members of Con- tions on the use of Department of De- Service to issue a semipostal to raise gress are eligible for an annuity to the fense funds and facilities for abortions. funds for breast cancer research. same age as the retirement age under S. 1280 S. 412 the Social Security Act. At the request of Mr. ISAKSON, the S. 821 name of the Senator from Colorado At the request of Mr. LEVIN, the name of the Senator from Florida (Mr. At the request of Mr. LEAHY, the (Mr. BENNET) was added as a cosponsor of S. 1280, a bill to amend the Peace NELSON) was added as a cosponsor of S. name of the Senator from Washington 412, a bill to ensure that amounts cred- (Ms. CANTWELL) was added as a cospon- Corps Act to require sexual assault ited to the Harbor Maintenance Trust sor of S. 821, a bill to amend the Immi- risk-reduction and response training, and the development of sexual assault Fund are used for harbor maintenance. gration and Nationality Act to eliminate discrimination in the immigra- protocol and guidelines, the establish- S. 434 tion laws by permitting permanent ment of victims advocates, the estab- At the request of Mr. COCHRAN, the partners of United States citizens and lishment of a Sexual Assault Advisory name of the Senator from Virginia (Mr. lawful permanent residents to obtain Council, and for other purposes. ARNER W ) was added as a cosponsor of S. lawful permanent resident status in S. 1301 434, a bill to improve and expand geo- the same manner as spouses of citizens At the request of Mr. LEAHY, the graphic literacy among kindergarten and lawful permanent residents and to names of the Senator from Ohio (Mr. through grade 12 students in the United penalize immigration fraud in connec- BROWN) and the Senator from North States by improving professional devel- tion with permanent partnerships. Carolina (Mr. BURR) were added as co- opment programs for kindergarten S. 1002 sponsors of S. 1301, a bill to authorize through grade 12 teachers offered At the request of Mr. SCHUMER, the appropriations for fiscal years 2012 to through institutions of higher edu- name of the Senator from Massachu- 2015 for the Trafficking Victims Pro- cation. setts (Mr. BROWN) was added as a co- tection Act of 2000, to enhance meas- S. 484 sponsor of S. 1002, a bill to prohibit ures to combat trafficking in person, At the request of Mr. BENNET, the theft of medical products, and for other and for other purposes. name of the Senator from Hawaii (Mr. purposes. S. 1335 AKAKA) was added as a cosponsor of S. S. 1025 At the request of Mr. INHOFE, the 484, a bill to direct the Secretary of At the request of Mr. LEAHY, the name of the Senator from Alabama Education to pay to Fort Lewis College name of the Senator from Wyoming (Mr. SESSIONS) was added as a cospon- in the State of Colorado an amount (Mr. ENZI) was added as a cosponsor of sor of S. 1335, a bill to amend title 49, equal to the tuition charges for Indian S. 1025, a bill to amend title 10, United United States Code, to provide rights students who are not residents of the States Code, to enhance the national for pilots, and for other purposes. State of Colorado. defense through empowerment of the S. 1366 S. 497 National Guard, enhancement of the At the request of Ms. CANTWELL, the At the request of Ms. MIKULSKI, the functions of the National Guard Bu- name of the Senator from Idaho (Mr. name of the Senator from Alaska (Mr. reau, and improvement of Federal- RISCH) was added as a cosponsor of S. BEGICH) was added as a cosponsor of S. State military coordination in domes- 1366, a bill to amend the Internal Rev- 497, a bill to amend the Immigration tic emergency response, and for other enue Code of 1986 to broaden the special and Nationality Act to modify the re- purposes. rules for certain governmental plans quirements of the visa waiver program S. 1039 under section 105(j) to include plans es- and for other purposes. At the request of Mr. CARDIN, the tablished by political subdivisions. S. 1369 S. 506 name of the Senator from Idaho (Mr. RISCH) was added as a cosponsor of S. At the request of Mr. CRAPO, the At the request of Mr. CASEY, the 1039, a bill to impose sanctions on per- name of the Senator from Mississippi name of the Senator from Hawaii (Mr. sons responsible for the detention, (Mr. WICKER) was added as a cosponsor AKAKA) was added as a cosponsor of S. abuse, or death of Sergei Magnitsky, of S. 1369, a bill to amend the Federal 506, a bill to amend the Elementary for the conspiracy to defraud the Rus- Water Pollution Control Act to exempt and Secondary Education Act of 1965 to sian Federation of taxes on corporate the conduct of silvicultural activities address and take action to prevent bul- profits through fraudulent transactions from national pollutant discharge lying and harassment of students. and lawsuits against Hermitage, and elimination system permitting require- S. 641 for other gross violations of human ments. At the request of Mr. DURBIN, the rights in the Russian Federation, and S. 1392 name of the Senator from New Jersey for other purposes. At the request of Ms. COLLINS, the (Mr. MENENDEZ) was added as a cospon- S. 1094 name of the Senator from North Caro- sor of S. 641, a bill to provide 100,000,000 At the request of Mr. MENENDEZ, the lina (Mrs. HAGAN) was added as a co- people with first-time access to safe name of the Senator from Kansas (Mr. sponsor of S. 1392, a bill to provide ad- drinking water and sanitation on a sus- MORAN) was added as a cosponsor of S. ditional time for the Administrator of tainable basis within six years by im- 1094, a bill to reauthorize the Com- the Environmental Protection Agency proving the capacity of the United bating Autism Act of 2006 (Public Law to issue achievable standards for indus- States Government to fully implement 109–416). trial, commercial, and institutional the Senator Paul Simon Water for the S. 1151 boilers, process heaters, and inciner- Poor Act of 2005. At the request of Mr. LEAHY, the ators, and for other purposes. S. 693 name of the Senator from Connecticut S. 1399 At the request of Mr. JOHNSON of Wis- (Mr. BLUMENTHAL) was added as a co- At the request of Mr. FRANKEN, the consin, his name was added as a cosponsor of S. 1151, a bill to prevent and name of the Senator from Colorado sponsor of S. 693, a bill to establish a mitigate identity theft, to ensure pri- (Mr. UDALL) was added as a cosponsor term certain for the conservatorships vacy, to provide notice of security of S. 1399, a bill to protect children af- of Fannie Mae and Freddie Mac, to pro- breaches, and to enhance criminal pen- fected by immigration enforcement ac- vide conditions for continued operation alties, law enforcement assistance, and tions, and for other purposes. of such enterprises, and to provide for other protections against security S. 1472 the wind down of such operations and breaches, fraudulent access, and misuse At the request of Mrs. GILLIBRAND, dissolution of such enterprises. of personally identifiable information. the name of the Senator from Indiana

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.037 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5686 CONGRESSIONAL RECORD — SENATE September 15, 2011 (Mr. COATS) was added as a cosponsor (Ms. KLOBUCHAR) was added as a co- sultants, and research personnel who of S. 1472, a bill to impose sanctions on sponsor of S. 1558, a bill to amend the are actively researching better agri- persons making certain investments Internal Revenue Code of 1986 to apply culture products and practices. Be- that directly and significantly con- payroll taxes to remuneration and tween 2009 and 2010, the foundation tribute to the enhancement of the abil- earnings from self-employment up to spent nearly $80 million on agriculture ity of Syria to develop its petroleum the contribution and benefit base and research activities, and this work has resources, and for other purposes. to remuneration in excess of $250,000. recently resulted in development of S. 1514 S. RES. 232 Texoma MaxQ II, a cool-weather fescue At the request of Mr. TESTER, the At the request of Mr. MENENDEZ, the grass that will reduce the reliance of names of the Senator from Nevada (Mr. name of the Senator from Colorado livestock producers upon costly hay REID), the Senator from Oregon (Mr. (Mr. UDALL) was added as a cosponsor and feed for their livestock during the MERKLEY), the Senator from New York of S. Res. 232, a resolution recognizing winter months. I congratulate the (Mr. SCHUMER) and the Senator from the continued persecution of Falun Noble Foundation on this break- Delaware (Mr. COONS) were added as co- Gong practitioners in China on the 12th through and look forward to hearing sponsors of S. 1514, a bill to authorize anniversary of the campaign by the about the future benefits of this re- the President to award a gold medal on Chinese Communist Party to suppress search. behalf of the Congress to Elouise the Falun Gong movement, recognizing The Food and Agriculture Organiza- Pepion Cobell, in recognition of her the Tuidang movement whereby Chi- tion has estimated that food produc- outstanding and enduring contribu- nese citizens renounce their ties to the tivity will need to expand by 70 percent tions to American Indians, Alaska Na- Chinese Communist Party and its af- over the next 40 years to meet rising tives, and the Nation through her tire- filiates, and calling for an immediate global demand. This underscores the less pursuit of justice. end to the campaign to persecute need for continued funding for agriculture research and development so S. 1523 Falun Gong practitioners. f that more breakthroughs like those at At the request of Mr. GRAHAM, the the Noble Foundation occur. Today, a names of the Senator from Georgia STATEMENTS ON INTRODUCED substantial amount of agriculture re- (Mr. CHAMBLISS), the Senator from Mis- BILLS AND JOINT RESOLUTIONS search funding is provided by the Fed- sissippi (Mr. COCHRAN), the Senator By Ms. STABENOW (for herself, eral Government; however, the govern- from Texas (Mrs. HUTCHISON), the Sen- Mr. THUNE, Mr. BROWN of Ohio, ment’s share is declining. Since fiscal ator from Wisconsin (Mr. JOHNSON), the Mr. BENNET, Mr. WYDEN, Mr. year 2010, Federal funding for agri- Senator from Florida (Mr. RUBIO) and COONS, Mr. BLUNT, Mr. COCH- culture research has decreased by near- the Senator from Kentucky (Mr. PAUL) RAN, and Mr. INHOFE): ly $200 million, and further cuts are were added as cosponsors of S. 1523, a S. 1561. A bill to amend the Internal likely as we try to tackle the national bill to prohibit the National Labor Re- Revenue Code of 1986 to provide for the debt. Because government is scaling lations Board from ordering any em- deductibility of charitable contribu- down its role, Congress should do what ployers to close, relocate, or transfer tions to agricultural research organiza- it can to encourage the private sector employment under any circumstance. tions, and for other purposes; to the to fill the gap. S. 1528 Committee on Finance. One way that we can do this is with At the request of Mr. JOHANNS, the Mr. INHOFE. Mr. President, Agri- the Charitable Agriculture Research name of the Senator from Mississippi culture is one of the key forces driving Act, of which I am a cosponsor. This (Mr. COCHRAN) was added as a cospon- Oklahoma’s economy. In 2008 alone, bill, introduced today by Senators STA- sor of S. 1528, a bill to amend the Clean Oklahoma’s agriculture industry di- BENOW and THUNE, will allow the cre- Air Act to limit Federal regulation of rectly supported 188,000 jobs and con- ation of Agricultural Research Organi- nuisance dust in areas in which that tributed more than $8.5 billion to the zation, ARO, which would extend pub- dust is regulated under State, tribal, or States’s economy. The importance of lic charity tax status to entities con- local law, to establish a temporary pro- agriculture to the Nation’s economy is ducting continuous agriculture R&D in hibition against revising any national also difficult to understate, and the in- collaboration with land-grant univer- ambient air quality standard applica- dustry’s products rank among the top sities and agriculture colleges. ble to coarse particulate matter, and exports each year. This year, USDA es- Currently, several organizations con- for other purposes. timates that U.S. farmers and live- ducting research focused on agriculture S. 1538 stock producers will export nearly $140 are structured as private foundations. At the request of Ms. COLLINS, the billion in goods to nearly every coun- This is one of the two main types of name of the Senator from Mississippi try on Earth. charities that are provided with bene- (Mr. WICKER) was added as a cosponsor Knowing that strength, it is not sur- ficial tax treatment under U.S. law. of S. 1538, a bill to provide for a time- prising that the industry is a hotbed of Public charities—the other type—are out on certain regulations, and for innovation. The agriculture commu- given full tax exempt status, but be- other purposes. nity has long been involved in the re- cause private foundations are often search and development of better crops very large and supported by a small S. 1540 and farming methods. This work has group of donors, they are not com- At the request of Mr. CASEY, the produced crops that are resistant to pletely tax free and must pay taxes on name of the Senator from Alaska (Mr. drought and certain farming chemicals, the investment income earned by their BEGICH) was added as a cosponsor of S. are packed with more and better nutri- endowments. Donors are also prevented 1540, a bill to amend the Internal Rev- ents, and ultimately provide higher from collecting their full deduction on enue Code of 1986 to allow credits for yields for every acre farmed. This re- gifts relative to those made to public the purchase of franchises by veterans. search will only grow in importance as charities. Because of these restrictions, S. 1552 the global population continues to the United States is not reaching its At the request of Mr. CRAPO, the grow and demand more food. Fortu- full potential when it comes to attract- name of the Senator from Wyoming nately, the United States is leading the ing private dollars for agriculture re- (Mr. ENZI) was added as a cosponsor of world in this effort. search. S. 1552, a bill to amend the Endangered Oklahoma is also a key agriculture The Charitable Agriculture Research Species Act of 1973 to provide an excep- R&D player in the United States. This Act seeks to encourage individuals and tion to that Act for actions carried out is in large part due to the work of the families of wealth to contribute more against grizzly bears in self-defense, Samuel R. Noble Foundation. of their assets to public agricultural defense of others, or a reasonable belief Headquartered in Ardmore, OK, the research by working in conjunction of imminent danger. Noble Foundation is one of the top 50 with the Nation’s land-grant univer- S. 1558 private foundations in the United sities and non land-grant colleges of At the request of Mr. SANDERS, the States, and the foundation employs agriculture. This legislation will pro- name of the Senator from Minnesota hundreds of scientists, agriculture con- vide donors with an additional option

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.038 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5687 of where to direct their agriculture re- By Ms. SNOWE (for herself and spending. By basing the President’s search and development donations. Mr. BROWN of Massachusetts): budget request for disaster funding on This beneficial tax treatment does S. 1563. A bill to require the Presi- a ten-year average, and excluding the not come without restrictions. To dent’s budget to include, at a min- highs and the lows, we are assuring maintain its tax exempt status, an imum, a request for disaster funding that funds are neither overextended ARO must conduct research and devel- based on the 10 year average; to the nor falsely underestimated. In these opment on agriculture issues in con- Committee on the Budget. hard economic times, Congress must junction with a land-grant university Ms. SNOWE. Mr. President, I rise promote fiscal responsibility while en- or an agriculture college. An ARO today in support of the Safeguarding suring that those areas struck by disas- must either commit more than 50 per- Disaster Funding Act of 2011, which I ters are able to access the funds needed cent of its assets to the continuous ac- am introducing along with Senator to quickly rebuild. tive conduct of agriculture research or BROWN from Massachusetts. This legis- I hope that my fellow colleagues will it must expend at least 3.5 percent of lation would amend the Congressional support this bill. In the wake of recent its endowment for the same in each Budget Act and the Budget Control Act disasters it is readily apparent that we calendar year. These restrictions are to require the President to provide a must plan better for these events. put in place to ensure that the ARO more comprehensive view of disaster structure is not being abused as a tax funding in his annual budget request. By Mr. CASEY: shelter for the accumulated personal Our bill would ensure that the true S. 1565. A bill to establish the Na- wealth of an ARO’s benefactors. cost of disaster assistance is reflected tional Competition for Community Re- Over the past decade many families in the President’s budget, by requiring newal to encourage communities to with a passion for agricultural research that Presidents’ annual budget readopt innovative strategies and design have expressed their desire to do for quests for disaster programs include principles to programs related to pov- their geographies and their crops of in- funding levels equal to the average erty prevention, recovery and response, terest what the Noble Foundation has amount provided annually over the and for other purposes; to the Com- done for Oklahoma, forages, and beef previous ten years, excluding the high- mittee on Finance. cattle operations. However, the tax est and lowest years, to account for Mr. CASEY. Mr. President, today code is not conducive to such efforts years with unusually high or low dis- over 15 percent of Americans live in and discourages them from maximizing aster activity. poverty including 22 percent of our their contributions to agricultural re- As disaster funding is already consid- children. 46.2 million Americans and search. ered ‘‘no-year’’ money, unused monies 16.4 million children struggle every day The ARO tax structure is modeled would carry over to support years to survive in a system that is demor- after the extremely successful Medical where additional funds are required. alizing and unfortunately does more to Research Organization model. Similar The status quo of Congress providing maintain people who live in poverty to AROs, these charities must do their emergency appropriations to support than to help them escape. Last year, medical research in conjunction with a these efforts, rather than including 2.6 million Americans were added to non-profit or government hospital. The the poverty rolls and 8.9 million have Howard Hughes Medical Institute and reasonable estimates, based on past been added since 2007. the Stowers Institute for Medical Re- disaster activity trends, is fiscally irre- This must change. That is why I am search are prime examples of MROs. sponsible. We should be working with today reintroducing the National Op- The MRO structure has made these or- the Administration to fund the nec- portunity and Community Renewal ganizations more effective and produc- essary and appropriate activities of the Act. This legislation puts forth some tive, and I expect no less from the ARO Federal government, including disaster new ideas and will grant waivers to ten tax structure. assistance. Responsible budgeting for This bill will directly benefit Okla- disasters is the right thing to do for communities so they can test different homa by building on its legacy as a the victims of devastation, as the vivid approaches to combatting poverty. I leader in agriculture R&D. As better images of the damage from Hurricane am not saying this is the only path for- agricultural methods and crop yields Irene have reminded us. ward or the most suitable path for- are produced in Oklahoma, the State Hurricane Irene caused more than 4.5 ward. But we must begin somewhere will continue to serve as a global lead- million homes and businesses along the and we must take a comprehensive ap- er in agriculture. Oklahoma is home to East Coast to lose power, including proach. As Robert Kennedy once said 86,000 farms that occupy 80 percent of nearly 185,000 in my home State of when talking about tackling the pov- the State’s land area. The State has Maine, which suffered flooding and erty problem in our country, we must the land, the natural resources, and the washed out bridges in the Western por- ‘‘grab the web whole.’’ Piecemeal ap- facilities necessary to enhance agricul- tion of the state. But now that the proaches won’t work. tural research. The creation of AROs winds and rain have subsided, our cit- I know there are other Senators and will help attract the necessary private ies and towns must rebuild from the Congressmen along with policy profes- capital to build on this success and devastation. sionals and academics who share my boost research at our Nation’s land- With the Federal Emergency Man- concern and commitment to reducing grant universities and non land-grant agement Agency’s funding currently poverty. I invite people to review this colleges of agriculture. running unnecessarily low, they now proposal. Let me know what you think AROs will not be provided with a new must work on an ‘‘immediate needs and if you have other ideas to bring tax incentive or a benefit greater than funding’’ basis, meaning that non- them to the table. It is long past time existing charitable organizations. They emergency recovery projects are put on to reinstill our national commitment will, however, offer individuals an addi- hold. Support of natural disaster recov- to the least fortunate. tional choice of where to send their ery should not be stalled by the need We must also acknowledge that there charitable dollars. When individuals for Emergency Supplemental Appro- is not one answer to helping people out donate to AROs they will have cer- priations. While we cannot completely of poverty. That is why this legislation tainty that their money will con- predict the number or nature of nat- is important. It will allow commu- tribute directly to agriculture research ural disasters, we do know that these nities to pursue innovative approaches rather than to other causes, which are events occur and cause massive dam- to problems arising from poverty and guarantees not provided by most other age. Policymakers cannot continue to avoids a ‘‘one size fits all’’ method. charitable organizations. As we face play with the livelihoods of recovering This legislation also targets individ- deeper budget cuts on everything from Americans; assurances must be made uals and mandates the creation of an education to agriculture research, we that their recovery is facilitated individual opportunity plan for every need to take the steps to encourage the through current Federal disaster recov- household. It also helps address the private sector to step into the void left ery programs. root causes of poverty by giving local by Washington. AROs will help do this The Safeguarding Disaster Funding communities to design programs that in the agriculture R&D community, so Act of 2011 will ensure that the Presi- fit their community and they would I urge its swift passage. dent properly accounts for disaster not be restricted by the current law.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.044 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5688 CONGRESSIONAL RECORD — SENATE September 15, 2011 These pilots will help us test new ideas crats. Education is about our children. strict oversight of tutoring service pro- and understand how new approaches If they aren’t getting what they need viders, from certification to evalua- can help lift people out of poverty. in the classroom, we need to work with tion, in order to ensure that parents In closing, I should note it has been schools to help them improve. At the can rely upon qualified tutoring service almost fifty years since Michael Har- same time, we must provide students providers to help their children. rington published The Other America in struggling schools with the help I do not favor more Federal control and opened Americans eyes to the per- they need to ensure they receive a over education. That is why the Tutor- nicious impact of poverty. While there quality education. ing for Students Act is not a Federal have been improvements made in the The foundation for success in edu- mandate. Rather, it is a guarantee that ensuing years we still have a long way cation is setting high expectations for parents will have the right to stand up to go. Let us begin anew today. our schools and holding them account- for their children and give them the op- able to develop our most precious re- portunity for a better education and a By Mr. MCCAIN: source—our children. Every child, no better life. Empowering parents with S. 1570. A bill to provide for high- matter what their economics, deserves the ability to positively impact their quality academic tutoring for low-in- not only a chance, but has an absolute child’s education is not a mandate. It come students, and for other purposes; right, to a good education. If students is common sense. Freedom is not a to the Committee on Health, Edu- can’t get what they deserve in the Federal mandate. It is an individual cation, Labor, and Pensions. classroom, then we must empower par- right. The best use of Federal dollars in Mr. MCCAIN. Mr. President, when ents with educational support tools education is to make them more acces- poor children in low performing schools and the ability to make meaningful sible to parents, empowering them to need help, what options are available choices about what is best for their look out for the needs of their children. to their parents to give them a chance children. High quality tutoring is a common- to improve their learning achieve- When Congress passed No Child Left sense, academic lifeline. ment? Sadly, very few options exist to Behind, embedded in that landmark In my home State of Arizona, organi- give children in low performing schools legislation were certain programs spe- zations like the Education Break- a chance. cifically designed to recognize the im- through Network to Literacy Volun- I am pleased to introduce legislation portance of parental empowerment and teers of Tucson and the Arizona Chap- that will protect and enhance the right parental participation. Supplemental ter of Campfire USA have voiced their of parents to have final say in their Education Services is a program spe- strong support. Nationwide, organiza- children’s education. In order to create cifically designed to give low-income tions such as the United Farm Workers better outcomes for our nation’s youth, families the ability to access edu- of America, the National Urban we must restore power to parents. We cational support opportunities just like League, the Commonwealth Founda- must ensure that parents have real families with more financial freedom, tion and the John Locke Institute con- choices to raise their child’s achieve- to shop for the best tutoring services tinue to stand up for the rights of par- ment level when schools fail to do so. for their child. ents to have more tools and choices to The Tutoring for Students Act, fur- Thoughtful education reform means help their children achieve. There is thers this critical goal by establishing building upon successes and lessons strong support for this program among a state-level grant program to give learned. We have learned a great deal communities across America, particu- low-income parents the ability to pro- since passage of No Child Left Behind. larly among the parents who so often vide their children high quality aca- That includes our experience in pro- do not have a voice representing their demic tutoring. viding tutoring services to low-income needs and interests here in Wash- Low-income parents should have the children. One of the most important ington. same opportunities to help their chil- lessons we learned is that tutoring I look forward to working with Sen- dren achieve as families with greater works. In March, the U.S. Department ator ENZI, Senator HARKIN, and the rest economic means. of Education released a study stating of my colleagues to secure passage of Tutoring is as much a part of edu- that the tutoring program led to sig- meaningful education reform that in- cation in America as the yellow school nificant gains in math and reading stu- cludes protecting and strengthening bus or the neighborhood school build- dent achievement. Studies by respected the ability of parents to make edu- ing. If your child is struggling aca- organizations like the Rand Corpora- cational choices for their children, demically, and you have the financial tion and school districts like the Chi- choices that include high quality tu- means to do so, you get your child a cago Public schools have come to simi- toring. tutor. Tutoring is time proven and lar conclusions. f common sense. Equally, while there Another important lesson from NCLB are many ideas about how to improve is the cynical lengths to which some SUBMITTED RESOLUTIONS education in America, one thing upon low performing schools districts are which everyone agrees plays a critical willing to go in order to avoid account- role in any child’s education: the ac- ability and deny parents the oppor- SENATE RESOLUTION 268—REL- tive involvement of their parents. tunity to access tutoring services for ATIVE TO THE DEATH OF THE The Tutoring for Students Act en- their children. Far too often these dis- HONORABLE MALCOLM WALLOP, courages the active engagement of par- tricts gamed the enrollment process for FORMER SENATOR FOR THE ents by giving them a say in helping tutoring services, making it difficult, STATE OF WYOMING their child’s education. Parents can if not impossible for parents to exer- Mr. ENZI (for himself, Mr. BARRASSO, drive schools to apply for tutoring cise their right to take advantage of Mr. MCCONNELL, Mr. REID of Nevada, grants. Parents choose to enroll their the SES program and get their children Mr. AKAKA, Mr. ALEXANDER, Ms. children. Parents pick which tutoring the educational support services—tu- AYOTTE, Mr. BAUCUS, Mr. BEGICH, Mr. provider they send their child to. Par- toring—they desperately needed. Simi- BENNET, Mr. BINGAMAN, Mr. ents receive progress updates on their larly, due to poor oversight, there have BLUMENTHAL, Mr. BLUNT, Mr. BOOZMAN, child. been cases where tutors failed to meet Mrs. BOXER, Mr. BROWN of Massachu- For too long in this country the de- their responsibility to provide high setts, Mr. BROWN of Ohio, Mr. BURR, bate about education has been more quality tutoring. Ms. CANTWELL, Mr. CARDIN, Mr. CAR- about the institutions—the institution These problems are addressed in this PER, Mr. CASEY, Mr. CHAMBLISS, Mr. of powerful unions, the institution of legislation by establishing a state-ad- COATS, Mr. COBURN, Mr. COCHRAN, Ms. the school bureaucracies. Make no mis- ministered grant program. Any school COLLINS, Mr. CONRAD, Mr. COONS, Mr. take about it, strong leadership in the can elect to participate, allowing low- CORKER, Mr. CORNYN, Mr. CRAPO, Mr. classroom and in school administration income parents with children attending DEMINT, Mr. DURBIN, Mrs. FEINSTEIN, is important. However, education is participating schools to take advan- Mr. FRANKEN, Mrs. GILLIBRAND, Mr. not about protecting and preserving tage of high quality tutoring services. GRAHAM, Mr. GRASSLEY, Mrs. HAGAN, union contracts and the jobs of bureau- The Tutoring for Students Act requires Mr. HARKIN, Mr. HATCH, Mr. HELLER,

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.034 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5689 Mr. HOEVEN, Mrs. HUTCHISON, Mr. SENATE RESOLUTION 269—DESIG- ance and financial planning advice, including INHOFE, Mr. INOUYE, Mr. ISAKSON, Mr. NATING THE WEEK BEGINNING an assessment of their life insurance needs; JOHANNS, Mr. JOHNSON of Wisconsin, SEPTEMBER 19, 2011, AS ‘‘NA- and Whereas numerous groups supporting life Mr. JOHNSON of South Dakota, Mr. TIONAL HISTORICALLY BLACK insurance have designated September 2011 as KERRY, Mr. KIRK, Ms. KLOBUCHAR, Mr. COLLEGES AND UNIVERSITIES ‘‘National Life Insurance Awareness Month’’ KOHL, Mr. KYL, Ms. LANDRIEU, Mr. LAU- WEEK’’ as a means to encourage consumers to be- TENBERG, Mr. LEAHY, Mr. LEE, Mr. Mr. GRAHAM (for himself, Mrs. come more aware of their life insurance LEVIN, Mr. LIEBERMAN, Mr. LUGAR, Mr. HAGAN, Mr. ALEXANDER, Mr. BURR, Mr. needs, seek advice from qualified insurance MANCHIN, Mr. MCCAIN, Mrs. MCCASKILL, BROWN of Ohio, Mr. CARDIN, Mr. CHAM- professionals, and take the actions necessary to achieve financial security for their loved Mr. MENENDEZ, Mr. MERKLEY, Ms. MI- BLISS, Mr. COBURN, Mr. COCHRAN, Mr. KULSKI, Mr. MORAN, Ms. MURKOWSKI, ones: Now, therefore, be it COONS, Mr. CORNYN, Mr. DEMINT, Mr. Resolved, That the Senate— Mrs. MURRAY, Mr. NELSON of Nebraska, DURBIN, Mrs. HUTCHISON, Mrs. MCCAS- (1) supports the goals and ideals of ‘‘Na- Mr. NELSON of Florida, Mr. PAUL, Mr. KILL, Ms. LANDRIEU, Ms. MIKULSKI, Mr. tional Life Insurance Awareness Month’’; PORTMAN, Mr. PRYOR, Mr. REED of NELSON of Florida, Mr. CARPER, and and Rhode Island, Mr. RISCH, Mr. ROBERTS, Mr. LEVIN) submitted the following res- (2) calls on the Federal Government, Mr. ROCKEFELLER, Mr. RUBIO, Mr. olution; which was considered and States, localities, schools, nonprofit organi- SANDERS, Mr. SCHUMER, Mr. SESSIONS, agreed to: zations, businesses, and the people of the United States to observe the month with ap- Mrs. SHAHEEN, Mr. SHELBY, Ms. SNOWE, S. RES. 269 propriate programs and activities. Ms. STABENOW, Mr. TESTER, Mr. THUNE, Whereas there are 105 historically Black Mr. TOOMEY, Mr. UDALL of Colorado, colleges and universities in the United f Mr. UDALL of New Mexico, Mr. VITTER, States; AMENDMENTS SUBMITTED AND Mr. WARNER, Mr. WEBB, Mr. WHITE- Whereas historically Black colleges and PROPOSED HOUSE, Mr. WICKER, and Mr. WYDEN) universities provide the quality education essential to full participation in a complex, SA 610. Mr. COBURN submitted an amend- submitted the following resolution; ment intended to be proposed to amendment which was considered and agreed to: highly technological society; Whereas historically Black colleges and SA 602 proposed by Mr. REID to the joint res- S. RES. 268 universities have a rich heritage and have olution H.J. Res. 66, approving the renewal of import restrictions contained in the Bur- Whereas Malcolm Wallop served in the Wy- played a prominent role in the history of the mese Freedom and Democracy Act of 2003. oming House of Representatives from 1969 to United States; SA 611. Mr. COBURN submitted an amend- 1972, and in the Wyoming Senate from 1973 to Whereas historically Black colleges and ment intended to be proposed to amendment 1976; universities allow talented and diverse stu- SA 602 proposed by Mr. REID to the joint res- Whereas Malcolm Wallop represented the dents, many of whom represent underserved olution H.J. Res. 66, supra; which was or- people of the State of Wyoming in the United populations, to attain their full potential dered to lie on the table. States Senate with distinction for 18 years, through higher education; and Whereas the achievements and goals of his- SA 612. Mr. COBURN submitted an amend- from 1977 to 1995; ment intended to be proposed to amendment Whereas, while serving in the Senate, Mal- torically Black colleges and universities are SA 602 proposed by Mr. REID to the joint res- colm Wallop championed the development of deserving of national recognition: Now, therefore, be it olution H.J. Res. 66, supra; which was or- space-based anti-missile defense, supported dered to lie on the table. legislation to reduce inheritance and gift Resolved, That the Senate— (1) designates the week beginning Sep- SA 613. Mr. PAUL submitted an amend- taxes, fought to restore fish habitats in the ment intended to be proposed to amendment United States, and opposed the control of the tember 19, 2011, as ‘‘National Historically Black Colleges and Universities Week’’; and SA 602 proposed by Mr. REID to the joint res- water resources of the State of Wyoming by olution H.J. Res. 66, supra. the Federal Government; (2) calls on the people of the United States and interested groups to observe the week SA 614. Mr. NELSON of Nebraska sub- Whereas Malcolm Wallop created the Con- mitted an amendment intended to be pro- gressional Award Program in 1979 as a chal- with appropriate ceremonies, activities, and programs to demonstrate support for histori- posed by him to the joint resolution H.J. lenge to young people throughout the United Res. 66, supra; which was ordered to lie on States to change the world around them cally Black colleges and universities in the United States. the table. through personal initiative, achievement, SA 615. Mr. SANDERS (for himself and Mr. and service; f LEAHY) submitted an amendment intended to Whereas, in 1984, Malcolm Wallop coau- SENATE RESOLUTION 270—SUP- be proposed to amendment SA 602 proposed thored section 1014 of the Tax Reform Act of PORTING THE GOALS AND by Mr. REID to the joint resolution H.J. Res. 1984 (Public Law 98-369; 98 Stat. 1015), com- 66, supra; which was ordered to lie on the monly known as the Wallop-Breaux Amend- IDEALS OF ‘‘NATIONAL LIFE IN- SURANCE AWARENESS MONTH’’ table. ment, which remains today as the leading SA 616. Mr. SANDERS (for himself, Mr. legislative initiative for sport fish restora- Mr. NELSON of Nebraska (for him- LEAHY, and Mr. LAUTENBERG) submitted an tion in the United States; self, Mr. CHAMBLISS, Mr. NELSON of amendment intended to be proposed to Whereas Malcolm Wallop served as chair- Florida, and Mr. ISAKSON) submitted amendment SA 602 proposed by Mr. REID to man of the Select Committee on Ethics, the joint resolution H.J. Res. 66, supra; ranking member of the Committee on En- the following resolution; which was referred to the Committee on Banking, which was ordered to lie on the table. ergy and Natural Resources and the Com- SA 617. Mr. LAUTENBERG (for himself, Housing, and Urban Affairs: mittee on Armed Services, chairman of the Mr. LEAHY, Mr. SANDERS, Mr. MENENDEZ, and Senate Steering Committee, and was the S. RES. 270 Mrs. GILLIBRAND) submitted an amendment first nonlawyer in the history of the Senate Whereas the vast majority of people in the intended to be proposed to amendment SA to serve on the Committee on the Judiciary; United States recognize that life insurance is 602 proposed by Mr. REID to the joint resolu- Whereas, after retiring from the Senate, important to protecting their loved ones; tion H.J. Res. 66, supra; which was ordered to Malcolm Wallop founded the Frontiers of Whereas the life insurance industry pays lie on the table. Freedom Institute to continue addressing approximately $60,000,000,000 to beneficiaries SA 618. Mr. SESSIONS submitted an the issues he championed as a Senator and to each year, providing a tremendous source of amendment intended to be proposed to ensure that the ideals he espoused were not financial relief and security to families that amendment SA 602 proposed by Mr. REID to forgotten; and experience the loss of a loved one; the joint resolution H.J. Res. 66, supra; Whereas the hallmarks of Malcolm Wal- Whereas, as of the date of agreement to which was ordered to lie on the table. lop’s public service were conservatism, civil- this resolution, the unfortunate reality is SA 619. Mr. LEAHY (for himself, Mr. SAND- ity, and working for the western way of life: that approximately 95,000,000 adults in the ERS, Mr. LAUTENBERG, Mrs. GILLIBRAND, and Now, therefore, be it United States have no life insurance, and Mr. CONRAD) submitted an amendment in- Resolved, That— ownership of both individual and employer- tended to be proposed by him to the joint (1) the Senate has heard with profound sor- sponsored life insurance has declined in re- resolution H.J. Res. 66, supra; which was or- row and deep regret the announcement of the cent years; dered to lie on the table. death of the Honorable Malcolm Wallop, Whereas life insurance products protect SA 620. Mr. CONRAD (for himself, Mr. former member of the Senate; and against the uncertainties of life by enabling LEAHY, Mr. LAUTENBERG, Mrs. GILLIBRAND, (2) the Secretary of the Senate commu- individuals and families to manage the fi- Mr. MENENDEZ, Mr. SANDERS, and Mr. nicate this resolution to the House of Rep- nancial risks of premature death, disability, HOEVEN) submitted an amendment intended resentatives and transmit an enrolled copy and long-term care; to be proposed by him to the joint resolution of this resolution to the family of the de- Whereas individuals, families, and busi- H.J. Res. 66, supra; which was ordered to lie ceased. nesses can benefit from professional insur- on the table.

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.036 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5690 CONGRESSIONAL RECORD — SENATE September 15, 2011 SA 621. Mr. PAUL proposed an amendment training programs with duplicative and over- ligated funds, $28,000,000,000 in appropriated to the bill H.R. 2887, to provide an extension lapping missions identified in the 2011 Gov- discretionary funds are hereby rescinded. of surface and air transportation programs, ernment Accountability Office reports to (b) IMPLEMENTATION.—The Director of the and for other purposes. Congress, entitled ‘‘Opportunities to Reduce Office of Management and Budget shall de- SA 622. Mr. PAUL proposed an amendment Potential Duplication in Government Pro- termine and identify from which appropria- to the bill H.R. 2887, supra. grams, Save Tax Dollars, and Enhance Rev- tion accounts the rescission under sub- f enue’’ (GAO–11–318SP) and ‘‘Multiple Em- section (a) shall apply and the amount of ployment and Training Programs: Providing such rescission that shall apply to each such TEXT OF AMENDMENTS Information on Consolidating Services and account. Not later than 60 days after the SA 610. Mr. COBURN submitted an Consolidating Administrative Structures date of the enactment of this Act, the Direc- amendment intended to be proposed to Could Promote Efficiencies’’ (GAO–11–92), in- tor of the Office of Management and Budget cluding the Department of Health and shall submit a report to the Secretary of the amendment SA 602 proposed by Mr. Human Services’ Temporary Assistance for Treasury and Congress of the accounts and REID to the joint resolution H.J. Res. Needy Families (TANF) and the Department amounts determined and identified for re- 66, approving the renewal of import re- of Labor’s Employment Service and Work- scission under the preceding sentence. strictions contained in the Burmese force Investment Act (WIA) Adult programs, (c) EXCEPTION.—This section shall not Freedom and Democracy Act of 2003; as and apply the savings towards deficit reduc- apply to the unobligated funds of the Depart- follows: tion; ment of Defense, the Department of Veterans (2) reduce by no less than 10 percent the ex- Affairs, or the Social Security Administra- At the appropriate place, insert the fol- cessive administrative costs of Government tion. lowing: employment and training services identified SEC. ll. CONSOLIDATING UNNECESSARY DUPLI- in the 2011 Government Accountability Of- SA 613. Mr. PAUL submitted an CATIVE AND OVERLAPPING GOV- fice reports to Congress, entitled ‘‘Opportu- ERNMENT PROGRAMS. amendment intended to be proposed to nities to Reduce Potential Duplication in Notwithstanding any other provision of amendment SA 602 proposed by Mr. Government Programs, Save Tax Dollars, law, not later than 150 days after the date of REID to the joint resolution H.J. Res. and Enhance Revenue’’ (GAO–11–318SP) and enactment of this Act, the Director of the 66, approving the renewal of import re- ‘‘Multiple Employment and Training Pro- Office of Management and Budget shall co- grams: Providing Information on Consoli- strictions contained in the Burmese ordinate with the heads of the relevant de- dating Services and Consolidating Adminis- Freedom and Democracy Act of 2003; as partment and agencies to— trative Structures Could Promote Effi- follows: (1) use available administrative authority ciencies’’ (GAO–11–92), including the On page 12, between lines 11 and 12, insert to eliminate, consolidate, or streamline Gov- $160,000,000 spent by the Temporary Assist- the following: ernment programs and agencies with dupli- ance for Needy Families program to admin- cative and overlapping missions identified in TITLE VI ister employment and training services and the March 2011 Government Accountability OFFSET the $56 million spent by the Department of Office report to Congress, entitled ‘‘Opportu- EC Labor to administer the WIA Adult program, S . 601. (a) All unobligated balances made nities to Reduce Potential Duplication in including the approximately $4,000 spent for available to the United States Agency for Government Programs, Save Tax Dollars, each WIA Adult participant who receives International Development for foreign as- and Enhance Revenue’’ (GAO–11–318SP) and training services, and apply the savings to- sistance programs for fiscal year 2011 are re- apply the savings towards deficit reduction; wards deficit reduction; scinded. (2) identify and report to Congress any leg- (b) There is rescinded on a pro rata base (3) eliminate, as part of the consolidation islative changes required to further elimi- from the unobligated balances made avail- described in paragraph (1), Government em- nate, consolidate, or streamline Government able to the Department of State for fiscal ployment and training programs that have programs and agencies with duplicative and 2011 an amount equal to the difference ob- not demonstrated effectiveness in docu- overlapping missions identified in the March tained by subtracting— menting a high rate of participants entering 2011 Government Accountability Office re- (1) the amount rescinded under subsection full-time employment or obtaining other port to Congress, entitled ‘‘Opportunities to (a); from positive job-related outcomes, such as in- Reduce Potential Duplication in Govern- (2) the amount appropriated under this di- creased wage or promotion; ment Programs, Save Tax Dollars, and En- vision. (4) identify and report to Congress any leg- hance Revenue’’ (GAO–11–318SP); islative changes required to further elimi- (3) determine the total cost savings that SA 614. Mr. NELSON of Nebraska nate, consolidate, streamline, and reduce ad- shall result to each agency, office, and de- submitted an amendment intended to ministrative costs of Government employ- partment from the actions described in para- ment and training programs with duplicative be proposed by him to the joint resolu- graph (1); and and overlapping missions identified in the tion H.J. Res. 66, approving the renewal (4) rescind from the appropriate accounts March 2011 Government Accountability Of- of import restrictions contained in the the amount greater of— fice report to Congress, entitled ‘‘Opportuni- Burmese Freedom and Democracy Act (A) $7,000,000,000; or ties to Reduce Potential Duplication in Gov- (B) the total amount of cost savings esti- of 2003; which was ordered to lie on the ernment Programs, Save Tax Dollars, and mated by paragraph (3). table; as follows: Enhance Revenue’’ (GAO–11–318SP); After section 2, insert the following: (5) determine the total cost savings that Mr. COBURN submitted an SEC. 3. EXEMPTION. SA 611. shall result to each department and program The reconstruction process of any road, amendment intended to be proposed to from the actions described in paragraphs (1), highway, or bridge that is in operation or amendmdent SA 602 proposed by Mr. (2), and (3); and under construction when damaged by a nat- REID to the joint resolution H.J. Res. (6) rescind from the appropriate accounts ural disaster, including a flood, and recon- 66, approving the renewal of import re- of the Department of Labor and the Depart- structed in the same location shall be ex- ment of Health and Human Services the strictions contained in the Burmese empt from any environmental review amount greater of— Freedom and Democracy Act of 2003; under— (A) $7,000,000,000; or which was ordered to lie on the table; (1) the National Environmental Policy Act (B) the total amount of cost savings esti- as follows: of 1969 (42 U.S.C. 4321 et seq.); mated under paragraph (5). At the appropriate place, insert the fol- (2) sections 402 and 404 of the Federal lowing: SA 612. Mr. COBURN submitted an Water Pollution Control Act (33 U.S.C. 1342, SEC. lll. CONSOLIDATING UNNECESSARY DU- amendment intended to be proposed to 1344); PLICATIVE, OVERLAPPING, AND IN- amendmdent SA 602 proposed by Mr. (3) the National Historic Preservation Act EFFECTIVE GOVERNMENT PRO- (16 U.S.C. 470 et seq.); EID GRAMS. R to the joint resolution H.J. Res. (4) the Migratory Bird Treaty Act (16 Notwithstanding any other provision of 66, approving the renewal of import re- U.S.C. 703 et seq.); law, not later than 150 days after the date of strictions contained in the Burmese (5) the Wild and Scenic Rivers Act (16 enactment of this Act, the Director of the Freedom and Democracy Act of 2003; U.S.C. 1271 et seq.); Office of Management and Budget shall co- which was ordered to lie on the table; (6) the Fish and Wildlife Coordination Act ordinate with the heads of the relevant de- as follows: (16 U.S.C. 661 et seq.); partments and agencies, including the Sec- At the appropriate place insert the fol- (7) the Endangered Species Act of 1973 (16 retary of the Department of Labor, the Sec- lowing: U.S.C. 1531 et seq.), except when the recon- retary of the Department of Health and SEC. lll. RESCISSION OF UNSPENT FEDERAL struction occurs in designated critical habi- Human Services, and the Secretary of Edu- FUNDS TO OFFSET INCREASE IN tat for threatened and endangered species; cation, to— SPENDING. (8) Executive Order 11990 (42 U.S.C. 4321 (1) use available administrative authority (a) IN GENERAL.—Notwithstanding any note; relating to the protection of wetlands); to consolidate Government employment and other provision of law, of all available unob- and

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(9) any Federal law (including regulations) SEC. ll. DISASTER ASSISTANCE. (b) DEFINITIONS.—In this section the fol- requiring no net loss of wetlands. (a) DEFINITIONS.—In this section— lowing definitions apply: (1) the term ‘‘covered major disaster’’ (1) COVERED TEMPORARY TORNADO SHELTER SA 615. Mr. SANDERS (for himself means the major disaster described in para- FACILITY.—The term ‘‘covered temporary and Mr. LEAHY) submitted an amend- graph (2) for a covered State; tornado shelter facility’’ means a structure— ment intended to be proposed to (2) the term ‘‘covered State’’ means a (A) designed to provide children protection amendment SA 602 proposed by Mr. State for which the Federal obligations from a tornado; and REID to the joint resolution H.J. Res. under the Robert T. Stafford Disaster Relief (B) constructed or acquired with Federal 66, approving the renewal of import re- and Emergency Assistance Act (42 U.S.C. financial assistance. strictions contained in the Burmese 5121 et seq.) relating to a major disaster dur- (2) EDUCATIONAL INSTITUTION.—The term ing fiscal year 2011 are not less than double Freedom and Democracy Act of 2003; ‘‘educational institution’’ means any ele- the threshold amount applicable to fiscal mentary school or any secondary school that which was ordered to lie on the table; year 2011 under section 206.47(b) of title 44, is an eligible applicant for FEMA assistance as follows: Code of Federal Regulations; and pursuant to section 403 of the Robert T. Staf- At the appropriate place, insert the fol- (3) the term ‘‘major disaster’’ means a ford Disaster Relief and Emergency Assist- lowing: major disaster declared by the President ance Act (42 U.S.C. 5170b). SEC. ll. HIGHWAY EMERGENCY RELIEF. under section 401 of the Robert T. Stafford (a) DEFINITION OF QUALIFYING STATE.—In Disaster Relief and Emergency Assistance SA 619. Mr. LEAHY (for himself, Mr. this section, the term ‘‘qualifying State’’ Act (42 U.S.C. 5170). SANDERS, Mr. LAUTENBERG, Mrs. GILLI- means a State in which— (b) INCREASED FEDERAL SHARE.—Notwith- BRAND, and Mr. CONRAD) submitted an (1) there occurred, during fiscal year 2011, a standing any other provision of law, for as- amendment intended to be proposed by major disaster or emergency designated by sistance under section 403, 406, 407, and 408 of the President under the Robert T. Stafford the Robert T. Stafford Disaster Relief and him to the joint resolution H.J. Res. 66, Disaster Relief and Emergency Assistance Emergency Assistance Act (42 U.S.C. 5170b, approving the renewal of import re- Act (42 U.S.C. 5121 et seq.); and 5172, 5173, and 5174) provided in a covered strictions contained in the Burmese (2) the major disaster or emergency re- State relating to the covered major disaster Freedom and Democracy Act of 2003; sulted in estimated damages to the Federal- for the State, the Federal share of the assist- which was ordered to lie on the table; aid highway system in the State in an ance shall be 100 percent of the eligible costs as follows: amount that exceeds an amount equal to under such sections. At the appropriate place, insert the fol- twice the total annual apportionment pro- (c) MITIGATION ASSISTANCE.—Notwith- lowing: vided to any State under section 104(b) of standing the second sentence of section title 23, United States Code, for fiscal year 404(a) of the Robert T. Stafford Disaster Re- SEC. ll. EMERGENCY RELIEF FUND. 2011. lief and Emergency Assistance Act (42 U.S.C. (a) FUNDING.—There is appropriated, out of (b) EXEMPTION.—As determined by the Sec- 5170c(a)), for a covered State that has a miti- money in the Treasury not otherwise appro- retary of Transportation— gation plan approved by the Administrator priated, for the fiscal year ending September (1) in the case of a qualifying State, not- of the Federal Emergency Management 30, 2012, for an additional amount for the withstanding section 120(e) of title 23, United Agency under section 322 of the Robert T. ‘‘Emergency Relief Fund’’, authorized under States Code, or any other provision of law, Stafford Disaster Relief and Emergency As- section 125 of title 23, United States Code, for the Federal share of the cost of carrying out sistance Act (42 U.S.C. 5165), the total of con- expenses described in subsection (a) of such eligible emergency repairs to minimize dam- tributions in the covered State under such section resulting from a major disaster (as age, protect facilities, or restore essential section 404 for the covered major disaster defined in section 102(2) of the Robert T. traffic, and the cost of carrying out perma- shall not exceed 20 percent of the estimated Stafford Disaster Relief and Emergency As- nent restoration work on all Federal-aid aggregate amount of grants to be made (less sistance Act (42 U.S.C. 5122(2)), $2,500,000,000, highways (as defined in section 101 of title 23, any associated administrative costs) in the to remain available until expended: Provided, United States Code), affected by the major State under the Robert T. Stafford Disaster That such amount is designated by Congress disaster or emergency in the State using Relief and Emergency Assistance Act with as being for disaster relief pursuant to sec- funds made available under section 125 of respect to the covered major disaster. tion 251(b)(2)(D) of the Balanced Budget and title 23, United States Code, shall be 100 per- Emergency Deficit Control Act of 1985 (Pub- cent; and SA 617. Mr. LAUTENBERG (for him- lic Law 99–177). (2) in the case of any State described in self, Mr. LEAHY, Mr. SANDERS, Mr. (b) DISASTER-RELATED REPAIR WORK.— subsection (a)(1), the limitations under sec- MENENDEZ, and Mrs. GILLIBRAND) sub- (1) DEFINITION OF QUALIFYING STATE.—In tion 125(d) of title 23, United States Code, on mitted an amendment intended to be this subsection, the term ‘‘qualifying State’’ the maximum amount of funding that may proposed to amendment SA 602 pro- means a State in which a major disaster or be received by the State shall not apply. posed by Mr. REID to the joint resolu- emergency was designated by the President (c) ADDITIONAL FUNDING.— tion H.J. Res. 66, approving the renewal under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. (1) IN GENERAL.—Subject to paragraph (2), of import restrictions contained in the there is appropriated, out of money in the 5121 et seq.). Treasury not otherwise appropriated, for the Burmese Freedom and Democracy Act (2) EXEMPTIONS.—As determined by the fiscal year ending September 30, 2012, for an of 2003; which was ordered to lie on the Secretary of Transportation, in the case of a additional amount for the ‘‘Emergency Re- table; as follows: qualifying State— lief Fund’’, authorized under section 125 of On page 4, line 18, strike ‘‘$135,000,000’’ and (A) notwithstanding section 120(e) of title title 23, United States Code, for expenses de- insert ‘‘$500,000,000’’. 23, United States Code, or any other provi- scribed in subsection (a) of that section re- sion of law, the Federal share of the cost of sulting from a major disaster (as defined in SA 618. Mr. SESSIONS submitted an carrying out eligible emergency repairs to section 102 of the Robert T. Stafford Disaster amendment intended to be proposed to minimize damage, protect facilities, or re- Relief and Emergency Assistance Act (42 amendment SA 602 proposed by Mr. store essential traffic, and the cost of car- U.S.C. 5122), $2,500,000,000, to remain avail- REID to the joint resolution H.J. Res. rying out permanent restoration work on all able until expended. 66, approving the renewal of import re- Federal-aid highways (as defined in section (2) BUDGET CONTROL AUTHORITY.—The strictions contained in the Burmese 101 of title 23, United States Code), affected by the major disaster or emergency in the amount made available by paragraph (1) is Freedom and Democracy Act of 2003; designated by Congress as being for disaster State using funds made available under sec- relief pursuant to section 251(b)(2)(D) of the which was ordered to lie on the table; tion 125 of title 23, United States Code, shall Balanced Budget and Emergency Deficit as follows: be 100 percent; and Control Act of 1985 (Public Law 99–177). On page 12, between lines 11 and 12, insert (B) the limitations under section 125(d) of the following: title 23, United States Code, on the max- SA 616. Mr. SANDERS (for himself, TITLE VI—GENERAL PROVISIONS imum amount of funding that may be re- Mr. LEAHY and Mr. LAUTENBERG) sub- SEC. 601. NO REIMBURSEMENT REQUIRED FOR ceived by a State shall not apply. mitted an amendment intended to be COVERED TORNADO SHELTER FA- proposed to amendment SA 602 pro- CILITIES. SA 620. Mr. CONRAD (for himself, posed by Mr. REID to the joint resolu- (a) IN GENERAL.—Notwithstanding any Mr. LEAHY, Mr. LAUTENBERG, Mrs. tion H.J. Res. 66, approving the renewal other provision of law, the Federal Emer- GILLIBRAND, Mr. MENENDEZ, Mr. SAND- of import restrictions contained in the gency Management Agency (in this section ERS, and Mr. HOEVEN) submitted an referred to as ‘‘FEMA’’) shall not require an amendment intended to be proposed by Burmese Freedom and Democracy Act educational institution Public Assistance of 2003; which was ordered to lie on the applicant to reimburse FEMA for the market him to the joint resolution H.J. Res. 66, table; as follows: value of a covered temporary tornado shelter approving the renewal of import re- At the appropriate place, insert the fol- facility when the facility is no longer needed strictions contained in the Burmese lowing: for its temporary purpose. Freedom and Democracy Act of 2003;

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.056 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5692 CONGRESSIONAL RECORD — SENATE September 15, 2011 which was ordered to lie on the table; mittee on Health, Education, Labor, EXECUTIVE SESSION as follows: and Pensions be authorized to meet On page 10, line 14, strike ‘‘$100,000,000’’ and during the session of the Senate, to insert ‘‘$1,000,000,000’’. conduct a hearing entitled ‘‘The Fu- ture of Employment for People with EXECUTIVE CALENDAR Mr. PAUL proposed an SA 621. the Most Significant Disabilities’’ on Mr. BENNET. Mr. President, I ask amendment to the bill H.R. 2887, to September 15, 2011, at 10 a.m., in room unanimous consent that the Senate provide an extension of surface and air 106 of the Dirksen Senate Office Build- proceed to executive session to con- transportation programs, and for other ing. sider the following nomination: Cal- purposes; as follows: The PRESIDING OFFICER. Without endar No. 358; that the nomination be On page 38, line 24, strike ‘‘(d)’’ and insert objection, it is so ordered. confirmed; the motion to reconsider be the following: COMMITTEE ON INDIAN AFFAIRS considered made and laid upon the (d) LIMITATION ON HIGHWAY TRUST FUND EXPENDITURES.—Notwithstanding any other Mrs. BOXER. Mr. President, I ask table, with no intervening action or de- provision of law, the amount authorized to unanimous consent that the Com- bate; that no further motions be in be expended or transferred during a fiscal mittee on Indian Affairs be authorized order to the nomination; that any re- year from the Highway Trust Fund, estab- to meet during the session of the Sen- lated statements be printed in the lished under section 9503 of the Internal Rev- ate on September 15, 2011, at 2:15 p.m., RECORD; that the President be imme- enue Code of 1986, may not exceed the in room 628 of the Dirksen Senate Of- diately notified of the Senate’s action amount appropriated, transferred, or other- fice Building, to conduct a hearing en- and the Senate then resume legislative wise made available to the Highway Trust Fund during such fiscal year, based on esti- titled ‘‘Tribal Transportation: Paving session. mates made by the Congressional Budget Of- the Way for Jobs, Infrastructure, and The PRESIDING OFFICER. Without fice. Safety in Native Communities.’’ objection, it is so ordered. (e) The PRESIDING OFFICER. Without The nomination considered and con- objection, it is so ordered. firmed is as follows: SA 622. Mr. PAUL proposed an COMMITTEE ON THE JUDICIARY amendment to the bill H.R. 2887, to DEPARTMENT OF STATE Mrs. BOXER. Mr. President, I ask provide an extension of surface and air Wendy Ruth Sherman, of Maryland, to be transportation programs, and for other unanimous consent that the Com- an Under Secretary of State (Political Af- purposes; as follows: mittee on the Judiciary be authorized fairs). to meet during the session of the Sen- Mr. INHOFE. Mr. President, I would At the end of title II, add the following: ate, on September 15, 2011, at 10 a.m., SEC. 210. AUTHORIZATION OF APPROPRIATIONS like to inform the Chamber that I sup- FOR FEDERAL AVIATION ADMINIS- in SD–226 of the Dirksen Senate Office port the nomination of Wendy Sher- TRATION AT FISCAL YEAR 2008 LEV- Building, to conduct an executive busi- man to be Under Secretary of State for ELS. ness meeting. Political Affairs. I had previously Notwithstanding the provisions of, or The PRESIDING OFFICER. Without voted against her nomination earlier amendments made by, this title, or any objection, it is so ordered. other provision of law, there are authorized this week when it was brought before to be appropriated to the Federal Aviation COMMITTEE ON SMALL BUSINESS AND the Senate Foreign Relations Com- Administration for the period beginning on ENTREPRENEURSHIP mittee, but I have received information September 17, 2011, and ending on January Mrs. BOXER. Mr. President, I ask since that leads me to change my vote. 31, 2012, for all purposes (other than for the unanimous consent that the Com- My good friend Senator ISAKSON of Airport and Airway Trust Fund established mittee on Small Business and Entre- Georgia spoke to me about his 30-plus- under section 9502 of the Internal Revenue preneurship be authorized to meet dur- year relationship with the Sherman Code of 1986) amounts not to exceed the ing the session of the Senate on Sep- amounts authorized to be appropriated to family. Ms. Sherman’s mother, Miriam the Administration for the period beginning tember 15, 2011, at 10 a.m., to conduct a ‘‘Mimi’’ Sherman, started working for on September 17, 2007, and ending on January hearing entitled ‘‘Disaster Recovery: Northside Realty, Senator ISAKSON’s 31, 2008, for such purposes. Evaluating the Role of America’s business based in Marietta, GA, in the f Small Business in Rebuilding Their late seventies and eighties. Mimi Sher- Communities.’’ man, who passed away in 2005, was a AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without terrific person, and Senator ISAKSON MEET objection, it is so ordered. was very happy to call her a close COMMITTEE ON ENERGY AND NATURAL SELECT COMMITTEE ON INTELLIGENCE friend and fellow coworker. He also has RESOURCES Mrs. BOXER. Mr. President, I ask known Wendy during this entire time Mrs. BOXER. Mr. President, I ask unanimous consent that the Select and knows that she embodies the same unanimous consent that the Com- Committee on Intelligence be author- qualities that her mother did. He is mittee on Energy and Natural Re- ized to meet during the session of the confident that she is qualified for the sources be authorized to meet during Senate on September 15, 2011, at 2:30 position and will do a great job at the the session of the Senate on September p.m. State Department as Under Secretary 15, 2011, at 9:30 a.m., in room 366 of the The PRESIDING OFFICER. Without of State for Political Affairs. Dirksen Senate Office Building. objection, it is so ordered. I have great respect for the wisdom The PRESIDING OFFICER. Without SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- and good judgment of my friend from objection, it is so ordered. AGEMENT, GOVERNMENT INFORMATION, FED- Georgia. We both serve on the Africa COMMITTEE ON FINANCE ERAL SERVICES, AND INTERNATIONAL SECU- Subcommittee, and as its ranking Mrs. BOXER. Mr. President, I ask RITY member, Senator ISAKSON always en- unanimous consent that the Com- Mrs. BOXER. Mr. President, I ask sures that the views of his fellow Re- mittee on Finance be authorized to unanimous consent that the Com- publican members are fully rep- meet during the session of the Senate mittee on Homeland Security and Gov- resented, even to the point of sharing on September 15, 2011, at 10 a.m., in ernmental Affairs’ Subcommittee on his own speaking time at hearings with room 215 of the Dirksen Senate Office Federal Financial Management, Gov- members like me who are passionate Building, to conduct a hearing entitled ernment Information, Federal Serv- about bringing relief to the people on ‘‘Tax Reform Options: Promoting Re- ices, and International Security be au- the African Continent. And when he ex- tirement Security.’’ thorized to meet during the session of presses confidence in a particular per- The PRESIDING OFFICER. Without the Senate on September 15, 2011, at son like Wendy Sherman, whom he has objection, it is so ordered. 2:30 p.m., to conduct a hearing entitled, known personally for over three dec- COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘Improving Financial Accountability ades, that is good enough for me. AND PENSIONS at the Department of Defense.’’ I support Ms. Sherman’s nomination Mrs. BOXER. Mr. President, I ask The PRESIDING OFFICER. Without to be Under Secretary of State for Po- unanimous consent that the Com- objection, it is so ordered. litical Affairs.

VerDate Mar 15 2010 05:13 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A15SE6.061 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5693 LEGISLATIVE SESSION employer to close, relocate, or transfer em- floated; they have actually passed the ployment under any circumstance. The PRESIDING OFFICER. The Sen- Congress, the House of Representa- ate will resume legislative session. Mr. BENNET. I now ask for a second tives—would be devastating to Rhode reading, and in order to place the bill Island seniors: an end to Medicare in 10 f on the calendar under the provisions of years; $6,000 in increased costs to each NATIONAL HISTORICALLY BLACK rule XIV, I object to my own request. senior, on average, per year, hidden in COLLEGES AND UNIVERSITIES The PRESIDING OFFICER. Objec- what the Republicans like to call their WEEK tion is heard. The bill will have its sec- cut, cap and balance plan, with an even Mr. BENNET. Mr. President, I ask ond reading on the next legislative day. worse attack on Medicare and on Medi- unanimous consent that the Senate f care beneficiaries than was in the now proceed to the consideration of S. House budget that passed, which was a Res. 269, which was submitted earlier ORDERS FOR FRIDAY, SEPTEMBER bad enough attack on its own. That today. 16, 2011 simply is more than seniors in Rhode The PRESIDING OFFICER. The Mr. BENNET. Mr. President, I ask Island can manage. It is not fair; it is clerk will report the resolution by unanimous consent that when the Sen- not right. And, most importantly it is title. ate completes its business today, it ad- not necessary. The assistant legislative clerk read journ until 10 a.m. on Friday, Sep- I do concede that rising health care as follows: tember 16; that following the prayer spending has placed a lot of stress on A resolution (S. Res. 269) designating the and pledge, the Journal of proceedings our national budget. In the joint ses- week beginning September 19, 2011, as ‘‘Na- be approved to date, the morning hour sion of Congress in September 2009, tional Historically Black Colleges and Uni- be deemed expired, and the time for the President Obama himself said: Put versities Week.’’ two leaders be reserved for their use simply, our health care problem is our There being no objection, the Senate later in the day; that following any deficit problem. Nothing else even proceeded to consider the resolution. leader remarks, the Senate be in a pe- comes close. Mr. BENNET. I ask unanimous con- riod of morning business, with Sen- If you go to the other side of the po- sent that the resolution be agreed to, ators permitted to speak therein for up litical spectrum and to the other the preamble be agreed to, and the mo- to 10 minutes each. Chamber of Congress, Congressman tion to reconsider be laid upon the The PRESIDING OFFICER. Without RYAN said: Our debt and deficit prob- table. objection, it is so ordered. lem is, at its core, a health care prob- The PRESIDING OFFICER. Without f lem. I agree with that. We need to ad- objection, it is so ordered. dress it. The question is how. The resolution (S. Res. 269) was PROGRAM The fundamental fact that so many agreed to. Mr. BENNET. Mr. President, there of our colleagues overlook in their ur- The preamble was agreed to. will be no rollcall votes on Friday. The gency to attack Medicare—a program The resolution, with its preamble, next rollcall vote will be Monday, Sep- that Republicans have been against reads as follows: tember 19, at 5:30 p.m. from its very founding and that the re- S. RES. 269 f newed tea party assault on Medicare Whereas there are 105 historically Black has revived—has misled the debate, be- colleges and universities in the United ORDER FOR ADJOURNMENT cause the cost problem in Medicare is States; Whereas historically Black colleges and Mr. BENNET. Mr. President, if there not a problem that is unique to Medi- universities provide the quality education is no further business to come before care. Wherever you look in the Amer- essential to full participation in a complex, the Senate, I ask unanimous consent it ican health care system, costs are ex- highly technological society; adjourn under the previous order, fol- ploding. They are going up in Medicare Whereas historically Black colleges and lowing the remarks of Senator WHITE- probably at a lower rate than other universities have a rich heritage and have HOUSE. quadrants of the health care sector, played a prominent role in the history of the The PRESIDING OFFICER. Without but they are going up. They are going United States; up in Medicaid. States are having trou- Whereas historically Black colleges and objection, it is so ordered. universities allow talented and diverse stu- The PRESIDING OFFICER. The Sen- ble dealing with that burden. They are dents, many of whom represent underserved ator from Rhode Island is recognized. going up in TRICARE and in veterans’ populations, to attain their full potential f care. Indeed, Secretary Gates said: through higher education; and Health care costs are eating the De- Whereas the achievements and goals of his- COSTS OF HEALTH CARE fense Department alive. Eating the De- torically Black colleges and universities are Mr. WHITEHOUSE. Mr. President, we fense Department alive, health care deserving of national recognition: Now, all traveled over to the House Chamber costs are. And if you are in private in- therefore, be it surance, whether it is Kaiser or United Resolved, That the Senate— a few days ago to hear President (1) designates the week beginning Sep- Obama present his jobs plan, a jobs or Blue Cross, pick your insurer, the tember 19, 2011, as ‘‘National Historically plan for which I intend to support and costs are going up dramatically. Our Black Colleges and Universities Week’’; and fight. But during the course of that own hospitals in Rhode Island, which (2) calls on the people of the United States speech, we also heard the President in- provide health care, are watching their and interested groups to observe the week dicate that he was going to come and health care costs accelerate at signifi- with appropriate ceremonies, activities, and make some recommendations to the cant rates far above a multiple of our programs to demonstrate support for histori- rate of inflation. cally Black colleges and universities in the Senate and to the House regarding our United States. debt and deficit strategy. This problem of rising health care costs is creating real strain. It is not f I come to the floor today to urge the White House, in dealing with our debt just creating strain on the Federal MEASURE READ THE FIRST and our deficit issues, to pursue a budget—granted, it is creating strain TIME—H.R. 2587 strategy for cost reduction in our in the Federal budget—but it is also Mr. BENNET. Mr. President, I under- health care system that does not rely creating incredible stress on seniors, stand there is a bill at the desk, and I on harmful cuts to our seniors’ Medi- on small business owners who can’t af- ask for its first reading. care benefits. I cannot tell you how im- ford health insurance for themselves, The PRESIDING OFFICER. The portant this is in Rhode Island where or have to whittle away at the health clerk will read the bill for the first we have a significant senior popu- insurance their employees have in time. lation. Many of our seniors are low in- order to keep it affordable, or have to The assistant legislative clerk read come. The average Social Security ben- give it up entirely as they face the as follows: efit is around $13,000 to $14,000. stresses of this economic downturn. A bill (H.R. 2587) to prohibit the National Some of the ideas that have been As the Presiding Officer, the senior Labor Relations Board from ordering any floated in this body—more than just Senator from Colorado, knows because

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.069 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5694 CONGRESSIONAL RECORD — SENATE September 15, 2011 his, like Rhode Island, is a small busi- The only socialized medicine we have Incredibly overbloated expenditure ness State. When you are a small busi- in this country is the kind we give our and at best moderate performance are ness, your employees are pretty darned veterans, which is the very best quality the two prevailing characteristics of close to family. When you have to care they are entitled to—what Bob our health care system. That means whittle away at their health care bene- Dole has said is the place we should there is a lot of ground to be gained. fits, when you have to whittle away at look toward for health care reform. It has been quantified by President what they get, when you have to raise But that is a separate argument. But Obama’s own Council of Economic Ad- their costs, that is a hard decision for my point is there was a whole lot of visers who estimated $700 billion every that small business owner/manager to phony controversy about that health year could be saved if we cleaned up make. care bill. the health care system and made it It is tough on American families. It What was completely not discussed moderately efficient. We could save is tough on big businesses. It is tough was that a huge chunk of that bill was that $700 billion without harming the on American big export companies. Our dedicated to delivery system reform of quality of care for Americans. automobile industry, the tractor man- the health care system, to turning the That seems like a big number, but ufacturers, the road building equip- bus before we hit the cliff. There is a actually the New England Healthcare ment manufacturers, the folks who lot in there for the President to work Institute says that number is $850 bil- build big American products that we with. There are literally dozens of pro- lion a year. George Bush’s Treasury export overseas, we build enormous grams and pilots to turn us in this new Secretary, Secretary O’Neill, who amounts of health care costs into those direction. I urge very strongly, as we knows a lot about this from his time as products. It has been estimated that address the government health care CEO of Alcoa and as the person leading nearly $2,000 in health care costs goes cost problem that we face, we look at the Pittsburgh Regional Health Initia- into an American car. Well, the foreign it as a systemic problem, and we ad- tive, combined with the Lewin Group, car that competes in the international dress it as a health care cost delivery which is a very well regarded Wash- market with that American car comes system problem rather than pick out ington institution that looks at health out of a national health care system. seniors, throw them off the bus, and care issues and evaluates them, they keep it careening toward the cliff with- So that health care cost isn’t in the both agree that the number is $1 tril- out changing its underlying direction. cost structure of the company that lion a year that we could save without That would be, in medical parlance, a makes the car. And because they col- harming the experience or quality of misdiagnosis of the illness and a mis- lected most of their taxes through a care for the American consumer. value-added tax, it doesn’t even come treatment of it as a result, and fun- We tried to throw pretty much every- in through the tax system, because the damentally malpractice. But that is thing we could at this problem in the the direction we are being led, and I am export products get out of those com- Affordable Care Act. A consultant to here to urge us that we go in a dif- panies and into the international mar- the administration, MIT Professor Jon- ferent direction. ket without a tax burden. So there are athan Gruber, said about the Afford- our products, trying to compete over- There is a lot to be gained. America’s health care system is provably, wildly able Care Act and its delivery system seas, with this weight of our health reform component: care system cost on them and it helps inefficient. We burn more than 18 per- Everything is in here. I can’t think of any- make America uncompetitive. So it is cent of America’s gross domestic product on our health care system every thing I would do that they are not doing in not just Medicare. It is everywhere in that bill. the American health care system. It is year—18 percent. To put that into con- text, the next most inefficient industri- We gave the administration literally systemwide. everything they could want, every- A couple of years back, when we were alized competitor that we deal with thing they asked for. I had a group that first discussing this issue and the internationally runs at around 12 per- met with me as we were designing the White House held a couple of health cent of gross domestic product. So here Affordable Care Act, people from care conferences, I was fortunate to be we are, the United States of America— unions, people from NGOs that work on invited to those conferences. The Presi- the most innovative, the most techno- dent used a metaphor in discussing logically developed country in the health care issues, people from the where we were in health care in those world, a country that prides itself on business sector, people who are experts discussions. He used the discussion of efficiency, on common sense, on mak- in this area—to say, What are we miss- us being headed for a cliff. If we didn’t ing smart decisions—and what are we ing? What more could we put in to help do something about our health care doing? We are 50 percent more ineffi- get at this problem of excessive costs costs as a country, we were headed for cient than the most inefficient other for moderate results? By the time the bill came to the a cliff. industrialized country in the world. Well, nothing has changed. We are One would think that we would not floor, this was the answer from my still headed for that cliff, and the solu- be the most inefficient. One would cer- group: Nothing. We can’t think of any- tion we have to find is to take the bus tainly think we would not be the most thing else. We tried. It is all in there. that we are all on and turn it before we inefficient by a margin of 50 percent So I agreed with Professor Gruber’s as- get to the cliff. over the second most inefficient coun- sessment. It is not an adequate solution to sim- try in the world. It just does not make What is the nature of what we did? It ply throw seniors off the bus in order any sense, but that is how bad it is. boils down to what I contend are five to lighten the Medicare cost load with- That is a pretty strong measure of how basic strategies. One is quality im- out doing what we need to do to change laden with excess costs our national provement. The quality of American the direction of the American health health care system is. medicine is not anywhere near as good care system to alleviate this cross-sys- For all of that, we do not get better as it should be. Anybody who was lis- tem, this economywide burden. outcomes. I wouldn’t mind spending 50 tening to me talk, who has had a loved Fortunately, we gave President percent more than Switzerland or one in their family seriously ill, ill for Obama tools to do this in the Afford- France or any other country if we got any length of time, or who has been se- able Care Act. We fought about all 50 percent better outcomes, if we lived riously ill themselves, they know that sorts of elements in the Affordable 50 percent longer, if we were 50 percent from their own experience. They know Care Act. We fought about the public healthier, if we had 50 percent better of the lost records. They know of the option. We fought about universal cov- care, if we had 50 percent better mater- confusion between multiple doctors erage. There were imaginary claims nal mortality in childbirth—but we do who are treating them and not talking raised that there were death panels in not. When we look at the measures of to them, maybe both prescribing medi- the health care bill. It was considered how we do for our people in the Amer- cations that are contra-indicated with to be socialized medicine, the same ican health care system, we compare each other, but they don’t know the phrase that was trotted out years ago with countries such as Greece and Cro- other one is doing it. They know the to oppose Medicare. They brought that atia. We are down in the thirties in the experience of having to be your own old stalwart phrase out again—totally ranking if you look at most of the navigator through this complex sys- false. quality measures. tem. They know what a nightmare that

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.071 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5695 is. They know it. It is not a debatable pitals and doctors. Ask any hospital, not have modern electronic infrastruc- proposition. ask any doctor what it is like dealing ture in this country. It also works out in some pretty with the insurance companies, trying When I started arguing about this a identifiable data. Nearly one in every to get paid for the services they de- few years ago, I can remember The 20 hospitalized patients in the United liver. They will tell you it is torture. Economist magazine publishing an ar- States gets a hospital-acquired infec- The last time I was at the Cranston ticle that said the health care industry tion. A hospital-acquired infection Community Health Center in Rhode Is- in America was the worst industry for should be a ‘‘never’’ event. If we apply land, they told me half of their per- the deployment of information tech- the Pronovost principles and do things sonnel are dedicated to trying to get nology of all of the American indus- started in Michigan and are carried out paid. The other half do the health care tries except one. The only industry around the country now, we can knock work. Half of their personnel are dedi- that was behind the health care indus- that down by about 90 percent, but still cated to trying get paid. And they have try and the deployment of information it is endemic. a $200,000 a year contract with experts technology was the mining industry. Everybody knows somebody who has to try to help train the 50 percent of We have improved, thanks to President gone to a hospital for a procedure and their personnel who are dedicated to Obama and this administration putting came out with a hospital-acquired in- trying to get paid in what the latest a big investment in this area, but we fection, often a life-threatening one. tricks are from the insurance industry have a long way to go because we were Just treating those infections costs so they can keep ahead of the game. way behind the curve. about $2.5 billion a year. They are com- Because it is an arm’s race. Well, my Those five things—quality improve- pletely avoidable. guess is that about 10 percent of the ment, serious investment and preven- That is just one element of the health care dollar that goes through tion where it saves money, payment re- health care system. If we got after the the insurance companies goes to delay form so that the system has incentive quality gaps in our health care system, and denial of payment. There is 10 to provide value rather than volume, the savings would be far greater. So cents right off the top, leaving only 90 knocking down the administrative there is a lot to be gained in quality. cents for the rest of the health care overhead that drapes over this system That is one of the five. equation. and weighs it down, and a robust The second is prevention. We do not The doctors and the hospitals have to health information technology infra- analyze and evaluate and implement fight back. They have to hire their own structure, those are the five keys and prevention strategies very well as a consultants and their own experts and almost every single one of the pro- country. We don’t even evaluate effec- their own billing companies. They are grams I referred to that is in the Af- tively what prevention methods save not as efficient. There are more of fordable Care Act fits one of those prin- enough money in the long run that we them. They are more spread out. It is ciples. Why are we not doing this? Why is should just pay for them for everybody not what they are expert at. It is hard- this not a bigger part of the debate if it because it saves money to have people er for them to fight back. I think they is $700 billion to $1 trillion a year, if do this. We don’t differentiate between pay more than 10 cents out of every the result is better care for Americans, what is probably a good idea for an in- dollar. You put the 2 together, that is fewer medical errors, more prevented dividual to pay for and what is such a 20 cents out of the health care dollar illness, less nonsense and unnecessary good idea and saves so much money on the private insurance side that does care from their doctors in chasing the that it should be part of the baseline of not go to health care at all. It goes to payment model of volume, less fighting medical treatment that every Amer- fund the arms race between insurers with the insurance company over try- ican gets. It doesn’t matter how sick and doctors over getting paid. ing to get paid and a health informa- This year Health Affairs: Journal of they are, doesn’t matter how old they tion record that is yours, that is pri- Health Care Policy published a study are, doesn’t matter how wealthy they vate, that is secure, that goes with you are, doesn’t matter where they live, that compared the administrative costs wherever you are? they should be getting this prevention of physician practices in Ontario, Can- There was a fellow in Rhode Island treatment because it saves all of us ada, and physician practices in the whose daughter was taken ill. She had money. United States. It found if doctors in a pretty serious condition. She was We should be analyzing those things, the United States could lower their ad- taken to the emergency room in Rhode proving them and putting that preven- ministrative costs to match those of Island, and they realized that this was tion strategy to work because the the Ontario physicians, the total sav- bad. They needed specialty care, spe- cheapest way to treat an illness is to ings would be approximately $27.6 bil- cialty machinery and treatment, and prevent it in the first instance. The lion a year. The Ontario doctors have they had to rush to the specialty hos- third is payment reform. We pay doc- administrative costs, but they have a pital in Massachusetts that could do tors more—the more they prescribe, single-payer system and it is pretty the work on her she needed to save her the more tests they order, the more easy to deal with. The $27.6 billion is life. So off they went. When they got medications they order, the more pro- primarily fighting with the different there, they discovered that they had cedures they direct, the more they get insurance companies that all have dif- not brought her paper health records paid. It should come as no surprise that ferent systems about claims and bill- with her. They had to redo all the test- when you send that incentive out there ing. There are big savings to be had by ing. They had to start from scratch. into that particular marketplace, you eliminating that unnecessary and ex- Seconds counted as they fought for this get dramatic overuse, which has been pensive warfare that produces zero woman’s life. Thankfully it all turned quantified in study after study. health care benefit to anybody. out fine, but it put her life at risk and This bill, the Affordable Care Act, The last piece, which is the structure it cost a fortune to redo all the tests. It has pilots to start directing the pay- for most of the rest of it, is a solid, made her recovery harder because a lot ment for medical procedures and for strong health information technology of time was wasted. Are you kidding medical care based on the outcomes so infrastructure for this country. I can me, a paper health record? But that is that its value is how well you get that go to a bank anywhere in this country where we are. dictates payment, not how much the and I can take out my ATM card and All of this is win-win. Where is the doctor does to you. That will be a para- access my checking account. I can find pressure to do it? Well, there is a prob- digm shift in health care. You have to out what is in my savings account. I lem, and the problem is that it is not get it right. It is not easy to do. It is can do transactions. I can make depos- the kind of change that CBO—the peo- going to take some doing, but it is vi- its. However, if I step out of that ATM ple who guide our budget decisions tally important. That is the third part. booth and get whacked by a taxicab around here—can score. I asked Alan The fourth is administrative sim- and rushed to the emergency room, Simpson from the Simpson-Bowles plification, in particular, administra- they have no idea what my health his- budget group during one of our Budget tive simplification in the area of the tory is or what my health records are. Committee hearings if he believed that warfare that currently exists between We do not have a modern electronic reducing health care costs through de- health insurance companies and hos- health record in this country. We do livery system reform is an important

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.072 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE S5696 CONGRESSIONAL RECORD — SENATE September 15, 2011 part of addressing our debt and deficit try—I should say of the flight industry. mation so your doctor is a little bit problem. And he answered: What you What did we know when the Wright like that pilot landing the plane out of are saying is exactly right. It is not, Brothers first put their flying machine Dulles, making their own decisions, unfortunately, scoreable. That is why into the air at Kitty Hawk? We knew a flying the plane directly but sur- it is not in our report. curved surface sped through the air, rounded by that decision support that I get it. It is not scoreable. It is not generated lift. We knew a whirling air makes plane landings so safe—if your in the report. We should not overlook screw generated propulsion, and we wheels aren’t down, the alarms go off. these factors as we make these deci- knew that if you twisted the ends of If you get out of the glide slope, the sions on behalf of the American people the wings, you could control the direc- alarms go off. If there are wind gusts because even if you cannot score how tion. Those principles haven’t changed. on the field, the alarms go off. All that you get to that $700 billion in savings I just got back from Afghanistan and information and more is captured so or if the New England Health Care In- Pakistan. We flew for 14 hours from the the pilots can focus on flying the plane. stitute is right, that $850 billion, or if Arabian Peninsula back to Dulles Air- That is the kind of support our doctors Bush Secretary O’Neill is right, that $1 port. That plane had movies on it. It can have. That is the kind of support trillion a year in savings using meth- had food on it. Everybody was com- we can have. Those are American in- ods that improve both our experience fortable. It had air-conditioning. We dustries that will grow and emerge. and quality of care needs to be a pri- landed a plane that was the size of So we need to get behind this. I feel ority even if it is not scoreable. probably the average small town in very strongly about this, as my col- Tomorrow I will send a letter to the America at the time the Wright Broth- leagues can tell and as the four pages President, which the Presiding Officer ers were flying and everybody on it felt have had to wait and listen to me at has been good enough to sign, along perfectly safe and comfortable. It came this late hour can tell. But I say now it with a broad array of my colleagues down a tube of electronic decision sup- would be a shameful act on the part of who have agreed to cosign, which reit- port for those pilots so they knew ex- the Congress of the United States if, erates the case I make here tonight. actly what was going on every mo- with an opportunity like that in front The letter urges the President’s atten- ment. If you went back to the Wright of us, if with a compelling cost target, tion to the potential of delivery system Brothers, you could not score in the ac- as we have from delivery system re- reform rather than Medicare benefit tuarial sense the progress that would form in front of us, and with the prov- cuts for seniors. It should be our first lead us in less than a century from a en thesis that by getting there we ac- priority to fix that overloaded 50 per- rickety wooden canvas, manned kite, tually improve the quality of care for cent more inefficient than the most in- puffing down the beach at Kitty Hawk, people—we are not taking anything efficient country in the world system, to these sleek, computer-guided, mi- away; we are making their quality and the one with $700 billion or $850 billion raculous aircraft that fly us in comfort experience of care better, which is a or $1 trillion in annual savings that are around the world today. You could not win-win-win. If we turn away from that possible. Fix that before you go to a do it. But that didn’t mean we win-win-win and instead take the easy, senior who had no part in this, who shouldn’t bet on it. That didn’t mean lazy way of throwing seniors off the cannot help but try to do their best, we shouldn’t pursue it. That didn’t bus and putting Medicare benefit cuts and say to them, we are taking away mean it wouldn’t make a huge dif- on them and let that bus just keep your benefit. That is not the way to ference in the quality of mankind’s life rocketing toward that cliff, that will proceed. That is the wrong way to pro- to be able to have that technological be a moment that will merit the scorn ceed. It is morally wrong and it is lead. of the American people and the shame wrong as a matter of policy. So that is where we are. These five of our own conscience because we will Where I contend we are—and I will principles are a little bit beyond the have done the wrong thing and we will say this in closing—there is a move- Kitty Hawk stage perhaps but not by have done it because it was the easy ment and an industry emerging in the much. If we invest and if we get behind way out. area of health care delivery system re- this, the day will come, and it will I urge the White House not to take form. It is strong in the private sector, come soon, when the quality of health that road and to instead redouble their whether we look at places such as Pal- care each one of us receives—we will efforts on delivery system reform, back metto down the Carolina Coast; look back and we will think, what we Secretary Sebelius in what she is doing Geisinger in the Pennsylvania area; up are getting now, that was canvas and and Don Berwick in what he is doing in the Wisconsin area, Gundersen Lu- wood sticks. That was primitive. We and, most significantly, put a hard theran; out toward Utah, the west, will have personalized electronic date and dollar metric out there so the Inner Mountain; Mayo in Minnesota health care. Companies will emerge to world can evaluate how well the ad- and Florida; or Kaiser, based in Cali- create applications so whatever illness ministration did. If this is as impor- fornia. These are all major American you have, the very best treatment will tant as I think it is, if this is as impor- health care delivery companies that be downloaded so you know what you tant as the administration thinks it is have seen the potential delivery sys- should be doing, when, and it will be by the work they have already dedi- tem reform. They are working hard to adjusted for your blood type and family cated to it, then they should be willing make it happen. They are committed history and gender, if it is a factor that to set for themselves a date and dollar to it, and they are getting results. We makes a difference, and for your body savings target to tell the country: By need to have their back. We need to mass. Whatever it is that is relevant to this date, we will save this many hun- support them as they do this. you getting the best treatment as an dreds of billions of dollars a year But it is never going to be scorable individual, that is the kind of stuff through delivery system reform. If we because this is not a mathematical that will be available. We will aggre- don’t, then it is murk, it is mush. equation where we say: You are not gate the data about what is effective, There is no accountability to it. It is getting this benefit. We are going to and people who have far more bril- generally going in the right direction. take away 20 percent of what you get. liance than I will plow through all the A young President many years ago We are going to run it through the data about America’s health care expe- had a similar opportunity. We were los- same nonsensical system that causes rience and they will start learning ing the space race to the Soviet Union. most of our cost problems and at the things about what works and what He could have said in his speech: I end we are going to say it is going to doesn’t, what two things we didn’t no- think it is time that we bent the curve be 20 percent cheaper. It is easy to do tice are connected. We will start to of America’s space program. I think it the math that way, but it is a pretty find those anomalies or those associa- is time we bent the curve of America’s cruel way, and it is lazy because we tions, and that will open a whole new space exploration. But he didn’t. He need to be in the middle fixing that era of discovery and treatment. Be- said something much more specific. He piece. tween those new applications that will said: Within a decade, the United But it is not arithmetically easy be- guide in a personalized way health care States of America is going to put a cause where we are is like the early for Americans, based on their own data man on the Moon and bring him home stages, I contend, of the airline indus- and based on the best available infor- safely. If President John Fitzgerald

VerDate Mar 15 2010 04:15 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G15SE6.073 S15SEPT1 tjames on DSK6SPTVN1PROD with SENATE September 15, 2011 CONGRESSIONAL RECORD — SENATE S5697 Kennedy had given that first speech, TATIANA CATHERINE GFOELLER-VOLKOFF, OF THE DIS- MATTHEW ALAN WEILLER, OF NEW YORK TRICT OF COLUMBIA HOYT B. YEE, OF CALIFORNIA we would never have put a man on the BRIAN L. GOLDBECK, OF NEVADA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, Moon. The reason we put a man on the DOUGLAS C. GREENE, OF VIRGINIA CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND DOUGLAS M. GRIFFITHS, OF TEXAS SECRETARIES IN THE DIPLOMATIC SERVICE OF THE FRANCISCA THOMAS HELMER, OF CALIFORNIA Moon is because when a President of UNITED STATES OF AMERICA: ALEXANDER KARAGIANNIS, OF MISSOURI the United States sets a hard target for THOMAS PATRICK KELLY, OF CALIFORNIA JAMES B. ANGELL, OF CALIFORNIA the Government of the United States, JAMES ALCORN KNIGHT, OF NEW YORK MICHAEL J. BARELA, OF VIRGINIA JERRY P. LANIER, OF NORTH CAROLINA MAURICE C. CROSSLAND, JR., OF PENNSYLVANIA that vast bureaucracy moves to BARBARA ANNE LEAF, OF VIRGINIA JAN MARIE FLATTUM-REIMERS, OF NORTH DAKOTA achieve that purpose. If the President FRANK JOSEPH LEDAHAWSKY, OF NEW JERSEY MELISSA CLAIRE FOYNES, OF TEXAS EDWARD ALEX LEE, OF TEXAS GLEN A. GERSHMAN, OF MARYLAND of the United States denies that vast DAVID ERIK LINDWALL, OF TEXAS PETER G. GIBBONS, OF VIRGINIA bureaucracy, the clarity of that pur- MICHELLE RABAYDA LOGSDON, OF FLORIDA BARRY L. HANEY, OF FLORIDA SHARON E. LUDAN, OF VIRGINIA PETER S. HARGRAVES, OF TEXAS pose does not give a specific measur- ERIC H. MADISON, OF VIRGINIA LEIGH ANN KIDD, OF VIRGINIA able goal, and it makes that goal far CHRISTOPHER J. MARUT, OF CONNECTICUT ANDRIY R. KOROPECKYJ, OF MARYLAND ATHENA M. MOUNDALEXIS, OF TENNESSEE DOYLE R. LEE, OF FLORIDA less likely to achieve. DANIEL R. MUHM, OF WASHINGTON NIALL E. MEEHAN, OF VIRGINIA So not only do I ask the White House RICHARD A. NICHOLAS, OF COLORADO EDWARD J. MIRON, OF NEW YORK EDWIN RICHARD NOLAN, JR., OF VIRGINIA JOHN S. MORETTI, OF VIRGINIA to turn away from Medicare benefit GEETA PASI, OF NEW YORK KURT E. OLSSON, OF VIRGINIA cuts and redouble their efforts on deliv- MARJORIE R. PHILLIPS, OF VIRGINIA LAWRENCE PAUL OSTROWSKI, OF FLORIDA GEOFFREY R. PYATT, OF CALIFORNIA JOSEPH N. RAWLINGS, OF GEORGIA ery system reform, I ask them to de- PAMELA G. QUANRUD, OF VIRGINIA JIM W. SCHNAIBLE, OF VIRGINIA cide how much they are going to save, MICHAEL A. RAYNOR, OF MARYLAND DANIEL J. WEBER, OF WASHINGTON and by when, and let us know so we can FRANKIE ANNETTE REED, OF MARYLAND THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN NANCY C. ROLPH-O’DONNELL, OF VIRGINIA SERVICE OF THE DEPARTMENT OF COMMERCE TO BE evaluate their success in meeting that ERIC SETH RUBIN, OF NEW YORK CONSULAR OFFICERS AND SECRETARIES IN THE DIPLO- RICHARD MILTON SANDERS, OF PENNSYLVANIA MATIC SERVICE OF THE UNITED STATES OF AMERICA: goal. I promise them every support in DANIEL L. SHIELDS III, OF PENNSYLVANIA reaching that goal. SANDRA JEAN SHIPSHOCK, OF VIRGINIA ROBERT DONOVAN, JR., OF THE DISTRICT OF COLUMBIA KAREN CLARK STANTON, OF VIRGINIA PETER FOWLER, OF THE DISTRICT OF COLUMBIA I thank the Presiding Officer for his MARK CHARLES STORELLA, OF MARYLAND ALBERT KEYACK, OF VIRGINIA patience and yield the floor. ALAINA TEPLITZ, OF THE DISTRICT OF COLUMBIA BARBARA LAPINI, OF VIRGINIA HEATHER ANN TOWNSEND, OF THE DISTRICT OF COLUM- LINDA MINSKER, OF THE DISTRICT OF COLUMBIA f BIA BRENDA VANHORN, OF VIRGINIA HUGH FLOYD WILLIAMS, OF PENNSYLVANIA IN THE COAST GUARD ADJOURNMENT UNTIL 10 A.M. SUSAN L. ZIADEH, OF WASHINGTON THE FOLLOWING-NAMED CAREER MEMBERS OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TOMORROW FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR IN THE UNITED STATES COAST GUARD TO THE GRADE IN- DICATED UNDER TITLE 14, U.S.C, SECTION 271: The PRESIDING OFFICER. Under FOREIGN SERVICE, AS INDICATED: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE To be rear admiral (lower half) the previous order, the Senate stands OF THE UNITED STATES OF AMERICA, CLASS OF COUN- adjourned until 10 a.m. tomorrow. SELOR: CAPTAIN MARK E. BUTT BRIAN C. AGGELER, OF THE DISTRICT OF COLUMBIA CAPTAIN LINDA L. FAGAN Thereupon, the Senate, at 8:07 p.m., ELIZABETH MOORE AUBIN, OF MARYLAND CAPTAIN THOMAS W. JONES adjourned until Friday, September 16, COLOMBIA A. BARROSSE, OF VIRGINIA CAPTAIN STEVEN D. POULIN GLORIA F. BERBENA, OF CALIFORNIA CAPTAIN JAMES E. RENDON 2011, at 10 a.m. PAUL SIDNEY BERG, OF NEW YORK CAPTAIN JOSEPH A. SERVIDIO RENA BITTER, OF THE DISTRICT OF COLUMBIA IN THE ARMY f STEVEN CRAIG BONDY, OF VIRGINIA PAUL A. BROWN, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS RUSSEL BROWN, OF MARYLAND IN THE GRADE INDICATED IN THE REGULAR ARMY IAN G. BROWNLEE, OF MARYLAND NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND Executive nominations received by RANDALL C. BUDDEN, OF MICHIGAN 3064: the Senate: KATHRYN A. CABRAL, OF FLORIDA ELLEN MARY CONWAY, OF MARYLAND To be major THE JUDICIARY JOYCE EDITH CURRIE, OF VIRGINIA KELLY A. CRICKS JON F. DANILOWICZ, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RONALD LEE BUCH, OF VIRGINIA, TO BE A JUDGE OF ELIZABETH W. DAVIS, OF CALIFORNIA IN THE GRADE INDICATED IN THE REGULAR ARMY MED- THE UNITED STATES TAX COURT FOR A TERM OF FIF- MICHAEL J. DODMAN, OF VIRGINIA ICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SECTIONS TEEN YEARS, VICE DAVID LARO, TERM EXPIRED. BRUCE E. DONAHUE, OF VIRGINIA 531 AND 3064: DEPARTMENT OF THE TREASURY DALE B. EPPLER, OF WASHINGTON MARTHA E. ESTELL, OF VIRGINIA To be major ALASTAIR M. FITZPAYNE, OF MARYLAND, TO BE A DEP- ANNETTE P. FEELEY, OF THE DISTRICT OF COLUMBIA UTY UNDER SECRETARY OF THE TREASURY, VICE KIM N. ROBERT S. GILCHRIST, OF FLORIDA DAMIAN G. MCCABE WALLACE. LINDA THOMPSON-TOPPING GONZALEZ, OF THE DIS- THE FOLLOWING NAMED OFFICER IN THE GRADE INDI- TRICT OF COLUMBIA DEPARTMENT OF DEFENSE CATED IN THE REGULAR ARMY UNDER TITLE 10, U.S.C., CANDY GREEN, OF CALIFORNIA SECTION 531: ALYSON LYNN GRUNDER, OF VIRGINIA BRAD CARSON, OF OKLAHOMA, TO BE GENERAL COUN- To be major SEL OF THE DEPARTMENT OF THE ARMY, VICE BENE- BONNIE S. GUTMAN, OF THE DISTRICT OF COLUMBIA KATHERINE B. HADDA, OF NEW YORK DICT S. COHEN, RESIGNED. JOHN R. PENDERGRASS KRISTIN M. HAGERSTROM, OF LOUISIANA THE JUDICIARY HELEN H. HAHN, OF VIRGINIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LISA KENNEDY HELLER, OF VIRGINIA TO THE GRADE INDICATED IN THE RESERVE OF THE KEVIN A. OHLSON, OF VIRGINIA, TO BE A JUDGE OF THE DAVID EDWARD HENIFIN, OF VIRGINIA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: UNITED STATES COURT OF APPEALS FOR THE ARMED KATHLEEN M. HENNESSEY, OF NEW YORK To be colonel FORCES FOR THE TERM OF FIFTEEN YEARS TO EXPIRE PATRICIA K. KABRA, OF THE DISTRICT OF COLUMBIA ON THE DATE PRESCRIBED BY LAW, VICE ANDREW S. EDWARD WESLEY KASKA, JR., OF VIRGINIA ROBERT D. BLACK EFFRON, TERM EXPIRING. KATHLEEN ANN KAVALEC, OF CALIFORNIA GEORGETTE GOONAN FOREIGN SERVICE ATUL KESHAP, OF VIRGINIA TRUDY A. SALERNO MARC E. KNAPPER, OF CALIFORNIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING-NAMED CAREER MEMBERS OF THE DAVID J. KOSTELANCIK, OF ILLINOIS TO THE GRADE INDICATED IN THE RESERVE OF THE SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF STEVEN HERBERT KRAFT, OF VIRGINIA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: STATE FOR PROMOTION INTO AND WITHIN THE SENIOR JOHN M. KUSCHNER, OF NEW HAMPSHIRE FOREIGN SERVICE TO THE CLASSES INDICATED: KAMALA SHIRIN LAKHDHIR, OF CONNECTICUT To be colonel CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE TIMOTHY LENDERKING, OF THE DISTRICT OF COLUMBIA OF THE UNITED STATES OF AMERICA, CLASS OF CAREER MARK A. LEONI, OF CALIFORNIA JAMES A. CHRISTENSEN MINISTER: MARK STEVEN MAYFIELD, OF TEXAS CHRISTOPHER J. DEMEULENAERE PATRICIA SHEEHAN MCCARTHY, OF VIRGINIA FORD D. PAULSON JOHN ROSS BEYRLE, OF MICHIGAN KATHLEEN A. WILLIAMS ROBERT O. BLAKE, OF MARYLAND JOHN F. MCNAMARA, OF MARYLAND JEFFREY DAVID FELTMAN, OF OHIO WILLIAM R. MEARA, OF NEW YORK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARGARET SCOBEY, OF TENNESSEE STEPHANIE ANNE MILEY, OF VIRGINIA TO THE GRADE INDICATED IN THE RESERVE OF THE HARRY K. THOMAS, JR., OF NEW YORK RICHARD M. MILLS, JR., OF FLORIDA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PETER F. MULREAN, OF NEW YORK CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, MIREMBE NANTONGO, OF KANSAS To be colonel CLASS OF MINISTER-COUNSELOR: WILLIAM A. OSTICK, OF GEORGIA MATTHEW J. CONDE CHARLES V. BARCLAY, OF CALIFORNIA NANCY BIKOFF PETTIT, OF VIRGINIA RAYMOND FEELEY JOHN R. BASS II, OF NEW YORK JOAN POLASCHIK, OF VIRGINIA MICHAEL E. GAFNEY ROBERT STEPHEN BEECROFT, OF CALIFORNIA EMILIA A. PUMA, OF VIRGINIA DANE S. HARDEN RICHARD C. BEER, OF VIRGINIA RICHARD S. SACKS, OF VIRGINIA GARY J. MCKAY PHILIP JACKSON BREEDEN, OF CALIFORNIA JO ANN E. SCANDOLA, OF THE DISTRICT OF COLUMBIA OWEN F. MUELLER PETER MEIER BRENNAN, OF OREGON ANDREW J. SCHOFER, OF THE DISTRICT OF COLUMBIA VICTOR M. PALOMARES SCOTT P. BULTROWICZ, OF OHIO JEFFREY R. SEXTON, OF FLORIDA BEATRICE A. CAMP, OF VIRGINIA GARY LEE SHEAFFER, OF VIRGINIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JUDITH BETH CEFKIN, OF TEXAS ADNAN A. SIDDIQI, OF TEXAS TO THE GRADE INDICATED IN THE RESERVE OF THE ANDREW GILMAN CHRITTON, OF TEXAS ANDREW D. SIEGEL, OF CALIFORNIA ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PETER CLAUSSEN, OF FLORIDA LAWRENCE ROBERT SILVERMAN, OF VIRGINIA To be colonel THOMAS FREDERICK DAUGHTON, OF NEW YORK TERESA FAYE STEWART, OF TENNESSEE PANAKKAL DAVID, OF NEW YORK MARY E. TARNOWKA, OF CALIFORNIA LEE A. ADAMS JOSEPH ADAM ERELI, OF THE DISTRICT OF COLUMBIA MARK TONER, OF MARYLAND ROXANNE M. ARNDT RODNEY ALLEN EVANS, OF VIRGINIA CONRAD ROBERT TRIBBLE, OF CALIFORNIA BEVERLY A. BLAIR PAUL MICHAEL FITZGERALD, OF VIRGINIA KATHERINE VAN DE VATE, OF TENNESSEE PATRICIA M. BRIGHAM THOMAS R. GENTON, OF NEW JERSEY LEO F. VOYTKO, JR., OF VIRGINIA NANCY A. CANTRELL

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DIANE L. CASSELL CAROL STPIERRE ELENOR G. JESSEN MARY A. COLBERG JODENE M. STRONG DOROTHY JOHNSON VALERIE COLEMAN PATRICIA L. TENHAAF VICKI L. NOLIN JOHN N. ELZIE CHRISTIAN L. TOLLIVER THE FOLLOWING NAMED OFFICERS IN THE GRADE IN- SUSAN M. FITZGERALD MARK A. YOUNG DICATED IN THE REGULAR ARMY UNDER TITLE 10, U.S.C., NANCY P. GRIEGO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SECTION 531: GARY J. GROSSI TO THE GRADE INDICATED IN THE RESERVE OF THE GLORIA HARRIS ARMY UNDER TITLE 10, U.S.C, SECTION 12203: To be major LAVONNA J. HEATH NATHAN W. BLACK DIANNE JACKSON To be colonel GREGORY L. CATO CINDY B. KATZ KATHIE S. CLARK TROY G. DANDERSON TRISHA E. KILIANY RONALD D. EARDLEY SHERRIE L. LAKES NANCY L. MCLAUGHLIN KATHRYN A. MARTIN f JAMES D. MELSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CATHLEEN M. NELSON TO THE GRADE INDICATED IN THE RESERVE OF THE CONFIRMATION DARLENE M. NICHOLS ARMY UNDER TITLE 10, U.S.C. SECTION 12203: SUSAN M. PALMER To be colonel Executive nomination confirmed by BARBARA J. PILAK MARILYN E. RICHMONDJOHNSON LYNN R. GAYLORD the Senate September 15, 2011: JOAN M. RUTTLEKING SIERRA A. GOWER DEPARTMENT OF STATE JOY A. SAARI NATALIE R. HIGHLEY ROBERT T. SHORT CAROLYN A. HUNT WENDY RUTH SHERMAN, OF MARYLAND, TO BE AN JAN L. SHRINER MARION J. JARRETT UNDER SECRETARY OF STATE (POLITICAL AFFAIRS).

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HONORING RIVERBANK NAVAL him for his more than thirty-three years of dis- DISAPPROVAL RESOLUTION RE- PETTY OFFICER THIRD CLASS tinguished service and dedication to the LATING TO DEBT LIMIT IN- JAMES RAY LAYTON United States House of Representatives. CREASE

Mr. VanDyke has played an integral role in SPEECH OF HON. JEFF DENHAM the Information Technology journey of the OF CALIFORNIA House. He began in 1978 as a COBOL pro- HON. RUSH D. HOLT OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES grammer supporting mainframe applications, IN THE HOUSE OF REPRESENTATIVES Thursday, September 15, 2011 transitioned readily into online application de- Wednesday, September 14, 2011 Mr. DENHAM. Mr. Speaker, I rise today to velopment using CICS, and then integrated Mr. HOLT. Mr. Speaker, nearly two-thirds of acknowledge and honor fallen Riverbank mainframe and workstation technologies for Americans say that job creation should be Naval Petty Officer Third Class James Ray the Information Services and Integrated Sys- Washington’s top priority. But no one here Layton. tems (ISIS) project. Finally, Mr. VanDyke HM3 James Ray Layton was born in Liver- worked on the design, development and sup- needs an opinion poll to learn that. I am sure more, California on January 29, 1987 and died port of the CAO’s Web-based services. all my colleagues are hearing what I hear by mail, fax, e-mail, Twitter, phone calls, September 8, 2009 in Kunar Province, Af- Mr. VanDyke developed the first electronic ghanistan serving during Operation Enduring Facebook, and passersby on the street. Ev- mail system on the House mainframe and eryone is saying, ‘‘Congress, get on with it! Freedom. Artist, healer and music lover James played a key role in the design and develop- Ray Layton brought joy and love into the lives Make jobs! Get America to work! Get my hus- ment of the mainframe-based Member Infor- band, my cousin, my daughter to work.’’ And, of his family, friends and Comrades in Arms. mation Network (MIN). MIN provided congres- At the time of his death Layton was as- yet again, the Republican majority in the sional offices with online information services House is playing political games—wasting signed to Combined Security Transition Com- including newswires, LEGIS and GRANTS, as mand in Afghanistan, which is responsible for time debating a senseless resolution when we well as Member services such as scheduling, training and equipping Afghan security forces. could, and should, be doing the work that the casework and tracking. Mr. VanDyke excels at Lt. Cmdr. John Daniels, a Navy spokesman at American people sent us here to do: creating the Pentagon, said Layton deployed to Af- developing standardized processes that are jobs and revitalizing our economy. I recently ghanistan with an element of the Okinawa- then readily adapted for multiple uses in sup- visited several manufacturers in Central New based 3rd Marine Division. Layton enlisted port of House office business. Jersey to hear directly from job creators about Dec. 20, 2007. Mr. VanDyke played a key role in the design what the federal government can do to promote growth. The political circus surrounding Layton’s death was described by McClatchy and development of the first release of the the debt ceiling negotiations was not men- Newspapers correspondent Jonathan Landay, www.house.gov web site and the Write Your tioned once. With 25 million Americans either who was embedded with a group of Marines Representative Service, providing Members and pinned down by heavy fire in a rugged unemployed or underemployed, it’s time to their first opportunity for a customized Web stop the political shenanigans and focus on section of Kunar Province on Tuesday. ‘‘The presence and e-communications. Marines were cut down as they sought cover the task at hand: putting America back to in a trench at the base of the village’s first Many of the core services Mr. VanDyke work. The debt ceiling debate this summer al- layer cake-style stone house. Much of their originally developed for the mainframe, he ready wasted months that could have other- ammunition was gone. One Marine (later de- successfully made available on the Internet. wise been spent focusing on job creation. In termined to be Layton) was bending over a These services continue to provide Member the end, the government made the responsible second, tending his wounds, when both were offices ease of communication with their con- choice to pay its bills—case closed. Instead of killed, said Marine Cpl. Dakota Meyer, 21, of stituency including, but not limited to, Google further exacerbating the partisan divide on Greensburg, Ky., who retrieved their bodies.’’ Site Search, custom in-House content man- Capitol Hill, we should be coming together to Layton is the 28th soldier or Marine from the agement and publishing services, zip code au- fashion an effective, bipartisan jobs bill that Northern San Joaquin Valley and foothills thentication, and Web form processes ena- the American people expect and deserve. killed in the wars in Iraq and Afghanistan, and bling both the development of dynamic sur- How much time must we waste before we get serious about putting America back to work? the first from Riverbank. veys as well as the electronic submission of He is survived by his father Brent Layton, constituent requests to one’s specific House f mother Nikki Freitas, step-father Gilbert Representative. EDISON INTERNATIONAL Freitas, brothers Jonathon, Jesse, Brandon Mr. VanDyke’s knowledge, experience, dedi- and Sage, and sister Jordan, grandmothers HON. DAVID DREIER Kathy Anderson and Shirley Hughes, grand- cation and consistently outstanding performance of his daily tasks have been exemplary. OF CALIFORNIA father Winn Layton, stepsister Andrea Freitas, IN THE HOUSE OF REPRESENTATIVES stepbrother Jason Freitas, and loving aunts, His ability to adapt to emerging technologies uncles and cousins and friends. He was pre- and his skilled transition of core House serv- Thursday, September 15, 2011 ceded in death by his Papa, Ray Hughes. ices has provided House offices seamless Mr. DREIER. Mr. Speaker, I would like to f support and earned the respect of his co- take this opportunity to recognize Edison Inter- workers, peers and management. Mr. Van- national on its 125th year of business. HONORING MR. RONNY VANDYKE Dyke has provided House offices with superior Edison was founded on July 4, 1886 in UPON THE OCCASION OF HIS RE- customer service, almost always from behind Visalia, California and from then on, Edison TIREMENT the scenes, by providing those on the front has worked to find new and more efficient lines with the confidence to propose technical ways to serve its customers safely and reli- HON. DANIEL E. LUNGREN solutions knowing that he will make it work. ably. For example, in 1898, Orville Ensign, an Edison engineer, designed the first insulator OF CALIFORNIA On behalf of the entire House community, made from porcelain instead of glass which IN THE HOUSE OF REPRESENTATIVES we extend congratulations to Mr. Ronny Van- enabled the company to increase voltage on Dyke for his many years of dedication, out- Thursday, September 15, 2011 transmission lines. In the early 1900s, Edison Mr. DANIEL E. LUNGREN of California. Mr. standing contributions and service to the engineer James Lighthipe designed the long- Speaker, I rise to highlight the career of Mr. House. est and highest voltage transmission line. It Ronny VanDyke on the occasion of his retire- We wish him many wonderful years to fulfill was also the first to be supported entirely by ment, on September 1, 2011, and to thank his retirement dreams. steel towers.

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

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A15SE8.001 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1638 CONGRESSIONAL RECORD — Extensions of Remarks September 15, 2011 Today, Edison employs over 14,000 individ- based youth development for Americans fac- Howard University in Washington, DC where uals in Southern California alone and its utility ing homelessness. he received both a bachelor’s and master’s subsidiary, Southern California Edison, has SSUSA builds trust through sports to help degree, respectively. over 12,000 miles of transmission lines. Edi- adults and youth overcome homelessness, Dr. Kirk led a life devoted to family, faith son is also currently building the Tehachapi and is a powerful tool for workforce develop- and intellectual pursuits and fought to bring Renewable Transmission Project, the largest ment, educational advancement, improved about social justice and equality for African wind transmission venture in the United health, and crime and violence reduction. Americans in public facilities and accommoda- States. Edison is also involved with developing This summer, over 200 athletes from 18 tions in educational institutions. Dr. Kirk and wind energy. Edison Mission Energy, one of U.S. cities competed as part of the Nation’s his wife of more than sixty years, Vivian the largest developers of wind energy, has 30 premier sport-for-change event in DC June Tramble married in 1946 and had two chil- projects in operation or under construction in 10–12. dren. The Kirk’s core values centered on faith I ask my colleagues to please join me in 11 states. and family and intellectual curiosity and social Edison continues looking towards the future congratulating this year’s participating teams. responsibility—beliefs Dr. Kirk graciously and is leading an initiative to prepare the elec- They are among a distinguished group of indi- shared with family and friends. tric grid for the widespread adoption of plug- viduals dedicated to improving their lives. in electric vehicles. Finally, Edison is currently Congratulations to the men’s and women’s Upon completing his Master’s degree in working to upgrade its electric system infra- teams from Street Soccer Minneapolis, both of Government from Howard University in 1974, structure so that they will be prepared for the whom took home the Leonsis Trophy for first Dr. Kirk and wife Vivian relocated to Austin, next 125 years. place. Texas where he assumed the position of pro- It is important to note the dedication of Edi- Thanks to the hard-working employees and fessor of Government and Economics at son International to the communities it serves. volunteers who made the event such a huge Huston-Tillotson College. Dr. Kirk, active in With many families struggling in the current success. May God bless you with many more Austin civic life was an organizer in the local economy, Edison is working with residents successful years ahead. chapter of the NAACP and arranged peaceful and businesses to help them save money by Indeed these individuals are demonstrating protests that led to desegregation of the Aus- utilizing energy efficiency techniques. In addi- that ending homelessness and poverty is a tin Public Library and many other public facili- tion, in 2010, employees contributed $4.3 mil- team sport! ties. Dr. Kirk’s work against discrimination also lion to schools and non-profits. This year, to f focused on the University of Texas where he celebrate its 125th anniversary, Edison em- applied and was admitted to a PhD Program. ployees are taking part in 125 community HONORING CHRISTOPHER NOAL Dr. Kirk’s refusal to study in segregated class- service events, including assisting City of BROWNING es prompted a lawsuit by the Austin chapter of Hope and other valuable organizations. the NAACP. Subsequently, Kirk began his Congratulations to Edison and its employ- HON. SAM GRAVES studies at the University after a United States ees for 125 years of innovation, reliable serv- OF MISSOURI Supreme Court ruling of Sweatt v. Painter, ice and commitment to the community. IN THE HOUSE OF REPRESENTATIVES which ended segregation of the University’s f school was applied to its graduate program as Thursday, September 15, 2011 well. In 1958, W. Astor Kirk, Sr. became the HONORING NATHAN JAY Mr. GRAVES of Missouri. Mr. Speaker, I first African American to earn and receive a CHALOUPKA proudly pause to recognize Christopher Noal Doctorate in Political Science from the Univer- Browning. Christopher is a very special young sity of Texas. HON. SAM GRAVES man who has exemplified the finest qualities Dr. Kirk was awarded a Fulbright Scholar- OF MISSOURI of citizenship and leadership by taking an ac- ship and studied at the London School of Eco- IN THE HOUSE OF REPRESENTATIVES tive part in the Boy Scouts of America, Troop nomics and Political Science in London, Eng- Thursday, September 15, 2011 237, and earning the most prestigious award land. Professionally, in addition to his teaching of Eagle Scout. Mr. GRAVES of Missouri. Mr. Speaker, I post at Huston-Tillotson, Dr. Kirk was adjunct Christopher has been very active with his proudly pause to recognize Nathan Jay Associate Professor at the University of Mary- troop, participating in many scout activities. Chaloupka. Nathan is a very special young land and had teaching assignments at Rutgers Over the many years Christopher has been inman who has exemplified the finest qualities University, Boston University School of The- volved with scouting, he has not only earned of citizenship and leadership by taking an ac- ology and Howard University. numerous merit badges, but also the respect tive part in the Boy Scouts of America, Troop of his family, peers, and community. Most no- Dr. Kirk also had a distinguished career as 397, and earning the most prestigious award tably, Christopher has contributed to his com- a federal government executive and manage- of Eagle Scout. ment consultant. In 1968, Dr. Kirk was person- Nathan has been very active with his troop, munity through his Eagle Scout project. Chris- topher designed and constructed a divider wall ally recruited by President Lyndon B. Johnson participating in many scout activities. Over the for the post of Deputy Regional Director many years Nathan has been involved with around the restrooms at Bunceton Park in Bunceton, Missouri. (Southwest Region) of the United States Of- scouting, he has not only earned numerous fice of Economic Opportunity. He continued merit badges, but also the respect of his fam- Mr. Speaker, I proudly ask you to join me in commending Christopher Noal Browning for his government service under the Nixon, Ford, ily, peers, and community. Most notably, Na- Carter and Reagan administrations. Following than has contributed to his community through his accomplishments with the Boy Scouts of America and for his efforts put forth in achiev- his retirement from the federal civil service, Dr. his Eagle Scout project. Nathan designed and Kirk founded and was CEO of Organization built an outdoor prayer and meditation area for ing the highest distinction of Eagle Scout. f Management Services Corporation, an organi- the First United Methodist Church of Kearney. zational development firm. Mr. Speaker, I proudly ask you to join me in HONORING THE LIFE OF DR. WIL- Prior to his passing, Dr. Kirk initiated an commending Nathan Jay Chaloupka for his LIAM ASTOR KIRK, SR., EDUCA- anti-discrimination mass petition in an effort accomplishments with the Boy Scouts of TOR AND SOCIAL ACTIVIST America and for his efforts put forth in achiev- with the Church to end, in his words, ‘‘the mandatory negative differential treatment of ing the highest distinction of Eagle Scout. HON. BENNIE G. THOMPSON f gays, lesbians and bisexuals United Meth- OF MISSISSIPPI odists.’’ RECOGNIZING STREET SOCCER IN THE HOUSE OF REPRESENTATIVES Dr. Kirk’s lifetime of contributions to edu- USA Thursday, September 15, 2011 cation, racial and gender equality and broad Mr. THOMPSON of Mississippi. Mr. Speak- civil rights issues inspires all, as he was not HON. MIKE McINTYRE afraid to tackle the biggest, most looming OF NORTH CAROLINA er, I rise today to recognize Dr. William Astor Kirk, Sr., educator, social activist and author. issues of his day. IN THE HOUSE OF REPRESENTATIVES Dr. William Astor Kirk, Sr., was the eldest of Again, I ask that my colleagues please join Thursday, September 15, 2011 six children born to Alex and Exella Kirk in me in saluting the life and legacy of educator, Mr. MCINTYRE. Mr. Speaker, I rise to rec- Harleton, Texas. He briefly attended Wiley humanitarian and social activist, Dr. William ognize Street Soccer USA, a leader in sports- College in Marshall, Texas before enrolling in Astor Kirk, Sr.

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K15SE8.001 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1639 RECOGNIZING ANTONIO M. ‘‘TONY’’ life time commitment to youth and the entire poisonings, be misused, or diverted for crimi- PE´ REZ 2011 FRANK P. ZEIDLER Milwaukee Community. I wish him many more nal purposes. PUBLIC SERVICE AWARD HON- years of success. Every fifteen minutes, a child under four will OREE f overdose on drugs found at home. In 2011, HONORING AUSTIN SALMON the Centers for Disease Control (CDC) re- HON. GWEN MOORE ported that unintentional prescription opioid OF WISCONSIN overdoses now kill more Americans than co- IN THE HOUSE OF REPRESENTATIVES HON. SAM GRAVES caine and heroin combined. In Florida, the OF MISSOURI death rate for prescription drugs increased 84 Thursday, September 15, 2011 IN THE HOUSE OF REPRESENTATIVES percent. Ms. MOORE. Mr. Speaker, I rise to pay trib- Thursday, September 15, 2011 ute to Antonio M. ‘‘Tony’’ Pe´rez, recipient of Without safe disposal options, our most vul- the 2011 Frank P. Zeidler Public Service Mr. GRAVES of Missouri. Mr. Speaker, I nerable and unsuspecting citizens are in the Award. Mr. Pe´rez is a long-time social justice proudly pause to recognize Austin Salmon. bull’s eye of a proliferating pharmaceutical advocate, mentor, community leader and con- Austin is a very special young man who has black market. The elderly are at risk of violent summate professional. He currently serves as exemplified the finest qualities of citizenship home break-ins, scams, and death as pre- secretary-executive director of the Housing and leadership by taking an active part in the scription drug addicts seek to steal their medi- Authority of the City of Milwaukee (HACM). Boy Scouts of America, Troop 1376, and earn- cations. ing the most prestigious award of Eagle Scout. The Frank P. Zeidler Public Service Award ac- Drug thieves also target ‘open house’ Austin has been very active with his troop, knowledges residents whose efforts most em- events and ask to use the bathroom in order participating in many scout activities. Over the body the social justice and public service val- to have access to the medicine cabinet. The many years Austin has been involved with ues and vision of former Mayor Zeidler, who problem is so rampant that realtors in Ohio scouting, he has not only earned numerous died in 2006 at the age of 93. are given medication lockboxes to store medi- merit badges, but also the respect of his fam- Mr. Pe´rez’ body of work has been exem- cations during open houses and the National ily, peers, and community. Most notably, Aus- plary. He founded the Milwaukee Community Association of Realtors recommends hiding all tin became a brotherhood member of the Service Corps (MCSC), a non-profit vocational prescription medications during open houses. Order of the Arrow and earned the rank of training organization that continues to provide Americans who want to reduce the threat to employment and education to young adults in Fire Builder in the Tribe of Mic-O-Say, as well as maintaining a position on the Honor Roll of their health and safety posed by leftover pre- Milwaukee. It was modelled after the 1930s scription medications have few options. Civilian Conservation Corps (CCC). Mr. Pe´rez Liberty North High School in Liberty, Missouri. developed a holistic program that integrates Austin has also contributed to his community Federal agencies from the Office of National education and life skills with on-the-job work through his Eagle Scout project. Austin built Drug Control Policy to the Drug Enforcement experience for low-income 18–23-year-olds. shelving and renovated the basement of Blue Agency are encouraging Americans to use se- During his tenure at MCSC from 1991 to Ridge Trinity Lutheran Church in Raytown, cure medicine take-back programs to return 2000, more than 900 participants found jobs Missouri, a small church long in need of the drugs for environmentally sound disposal. But and received more than $4.5 million in in- renovation. these programs are too few and far between, come. MCSC serves an average of 100 young Mr. Speaker, I proudly ask you to join me in and communities are struggling to provide participants per year and has served approxi- commending Austin Salmon for his accom- them. Because secure take-back programs mately 2,000 young adults since its inception. plishments with the Boy Scouts of America are not widely available, the FDA currently In 1996, Mr. Pe´rez was one of six inspira- and for his efforts put forth in achieving the recommends that the most toxic and addictive tional youth role models and mentors profiled highest distinction of Eagle Scout. substances be flushed down the toilet and into on PBS’, ‘‘The Merrow Report: Searching for f the wastewater system. When take-back programs are not available, federal agencies are Heroes’’. Mr. Pe´rez serves on a number of PHARMACEUTICAL STEWARDSHIP forced to advise that all other unwanted pills prestigious committees and has received nu- ACT OF 2011 merous awards including member of the Exec- should be mixed with undesirable substances utive Committee of the AmeriCorps National HON. LOUISE McINTOSH SLAUGHTER in an attempt to prevent theft and then thrown Civilian Community Corps, past president of in the trash for delivery to the landfill. OF NEW YORK the National Association of Service and Con- The current disposal methods are inad- IN THE HOUSE OF REPRESENTATIVES servation Corps, and has served as a consult- equate and even dangerous. A mother with ant to the Peace Corps. In 2006, HACM re- Thursday, September 15, 2011 Crohn’s disease was prescribed an opioid ceived the prestigious World Leadership Ms. SLAUGHTER. Mr. Speaker, I rise in patch 100 times stronger than morphine but Award in London, England for developing so- support of the Pharmaceutical Stewardship she was afraid her plumbing could not handle lutions to housing that are innovative to city Act of 2011. the used patch so she threw it away. Her 4- leaders around the world. Also, in 2007 Mr. Across the country, unused and expired year old died after finding and applying the Pe´rez was recognized by the National Child pharmaceuticals are polluting our water ways, patch from the trash. Labor Committee with the Lewis Hine Award. poisoning our children, and putting our public Furthermore, pharmaceuticals disposed in ´ At HACM, Mr. Perez oversees an inter- safety at risk. Americans should have a con- the trash or down the drain reach our nation’s nationally-recognized agency that provides af- venient and safe option when they want to rid waterways and our drinking water. fordable housing options for over 12,000 low- their cabinets of unused drugs. The pharma- income families, elderly and disabled persons ceutical stewardship bill I introduced today In 2002, the United States Geological Sur- in the City of Milwaukee. During his tenure, would ensure that these drugs are kept out of vey found that 80 percent of streams and 93 the agency received or leveraged more than drinking water and out of the hands of both percent of groundwater was contaminated with $265 million in development resources. Ac- criminals and unsuspecting children. at least one pharmaceutical. In 2008, an in- complishments while at HACM include the The need for a safe drug disposal program vestigation found that at least 46 million Amer- construction of the $28 million Milwaukee Job has never been greater. In a 2008 investiga- icans are exposed to prescription drugs Corps Center in conjunction with the U.S. De- tion, pharmaceutical contamination was found through their drinking water. Others are ex- partment of Labor. The facility opened in the in 24 out of 28 metropolitan areas’ drinking posed when food crops are fertilized with pol- fall 2010 and has resulted in the creation of water. Over 50 pharmaceuticals or byproducts luted biosolids and absorb pharmaceuticals over 125 administrative, teaching, health care were found in the Philadelphia source water- through the roots to the plant itself. Perhaps and service jobs. Additionally, during his ten- shed alone. even more frightening is that the current ex- ure the City of Milwaukee obtained a five-year, Unlike the citizens of approximately a dozen tent of pharmaceutical pollution is unknown $24 million federal Enterprise Zone grant that other countries, Americans do not have a con- and understudied. helped thousands of youth gain training and venient and consistent place to bring their Aquatic organisms and indeed whole eco- employment. medications. Without a drug take back pro- systems can never escape this witches brew Mr. Speaker, I am proud Antonio M. ‘‘Tony’’ gram, pharmaceuticals are frequently diverted of pharmaceuticals. The USGS recently re- Pe´rez hails from the 4th Congressional District to purposes for which they were not intended. ported the widespread sexual disruption in fish and that I can call him friend. I am honored to The results can be deadly. Unguarded, un- across the United States. Of the many com- give praise to his many accomplishments and used pharmaceuticals can cause accidental pounds in the pharmaceutical slurry that

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15SE8.006 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1640 CONGRESSIONAL RECORD — Extensions of Remarks September 15, 2011 aquatic organisms swim in, estrogens are par- in Washington, and over the skies of Pennsyl- HONORING SAMUEL MORRISON ticularly concerning. In a review of the lit- vania, took nearly 3,000 lives. It was the worst EVANS erature, fish were found to be particularly sus- attack against the homeland since Pearl Har- ceptible to these endocrine disrupting chemi- bor, and a higher death toll was inflicted on 9/ HON. SAM GRAVES cals. Intersexed fish are found around the na- 11 than even on that date in 1941 ‘‘that will OF MISSOURI tion and even at a wastewater treatment plant live in infamy,’’ as Franklin Roosevelt memori- IN THE HOUSE OF REPRESENTATIVES in the Nation’s Capital. In this District of Co- alized for the nation. lumbia study, female eggs were found in over Thursday, September 15, 2011 80 percent of the small mouth bass male re- On this 9/11, our sole responsibilities are Mr. GRAVES of Missouri. Mr. Speaker, I productive organs. the simple, sacred acts of remembrance and proudly pause to recognize Samuel Morrison Unused and expired pharmaceuticals are a rededication: remembrance of those whose Evans. Samuel is a very special young man threat to our homes, families, communities, lives were taken, and rededication to our who has exemplified the finest qualities of citi- and the environment. Sporadic take back country and its future. zenship and leadership by taking an active events are not sufficient. DEA Administrator part in the Boy Scouts of America, Troop 87, Michele M. Leonhart recently stated that the Those who perished will never be forgotten; and earning the most prestigious award of 309 tons of pills collected at two recent com- their names are called out every year. And if Eagle Scout. munity-funded take-back events ‘‘represents a anything, American patriotism is stronger than Samuel has been very active with his troop, clear need for a convenient way to rid homes ever. participating in many scout activities. Over the of unwanted or expired prescription drugs.’’ The 9/11 attacks were directed at our free- many years Samuel has been involved with Public safety organizations and medical or- doms, our way of life, and modern civilization scouting, he has not only earned numerous ganizations have called for expanded drug merit badges, but also the respect of his fam- itself. It was an assault against American lead- takeback programs. The Blue Cross Blue ily, peers, and community. Most notably, Sam- ership in the world, against the ideals that Shield Association (BCBSA) senior vice presi- uel has earned 65 merit badges and spent dent and chief medical officer, Allan Korn, have guided us since the founding of the Re- countless hours volunteering at the Cameron M.D., stated that ‘‘Unused prescription medi- public, and against the rule of law and any Food Pantry and with the American Legion. cines that remain in homes can be misused or sense of morality. Samuel has also contributed to his community abused if they get in the wrong hands of chil- But the fact is that those responsible for 9/ through his Eagle Scout project. Samuel dren, family or friends,’’ and commended, 11 could never—and will never—defeat the planned and constructed landscaping around ‘‘providing a safe and easy way for Americans United States of America. No act of terrorism Parkview Elementary in Cameron, Missouri. to drop off their unnecessary prescription can overcome the spirit of the American peo- Samuel also designed and painted murals in- drugs.’’ side the school gymnasium to make the room ple and our pursuit of our destiny. The bill I introduce today would help solve more appealing to the student population. these serious environmental, public health, Our resolve from that terrible day was clear: Mr. Speaker, I proudly ask you to join me in and public safety concerns by providing Amer- to pursue and defeat those who perpetrated commending Samuel Morrison Evans for his icans with a convenient way to safely dispose this evil, and to make sure they can never accomplishments with the Boy Scouts of of their pharmaceuticals. Producer responsi- again threaten the United States of America America and for his efforts put forth in achiev- bility and stewardship is the backbone of this and those who live here. ing the highest distinction of Eagle Scout. legislation. Simply put, producers must take f responsibility for their product beyond the ini- As we commemorate the tenth anniversary tial manufacture and sale. By establishing a of 9/11, we must note that the wars in Afghan- IN REMEMBRANCE OF MRS. HELEN national drug take back program financed by istan and Iraq have now lasted longer than the W. SOGGS producers, this legislation will help reduce the Civil War and World War II combined. We supply of unused medications across the have suffered substantial casualties—over HON. DENNIS J. KUCINICH country and prevent the entry of pharma- 6,300 dead and 35,000 injured in Iraq and Af- OF OHIO ceuticals into the water supply. ghanistan since 2001. The financial cost of the IN THE HOUSE OF REPRESENTATIVES In addition, this legislation establishes a two wars is over $1.2 trillion—nearly equal to Thursday, September 15, 2011 commission of stakeholders to investigate this year’s Federal budget deficit. President risks, causes, and potential solutions of phar- Mr. KUCINICH. Mr. Speaker, I rise today in Bush did not ask the American people for a maceutical contaminants in the environment remembrance of Mrs. Helen W. Soggs, a long- tax increase to finance these wars, so we and waterways. Using this information, the time, active member of the Greater Cleveland Commission will develop a strategy that will have not only a legacy of great human casual- community. prevent pharmaceutical contaminants from ties, but also one of immense financial debt. Helen was born on March 4, 1921, as a first polluting our waterways and environments The American involvement in the war in Iraq generation American, in Cleveland, Ohio. At the age of four, her family moved to Cleve- from cradle-to-grave. is drawing to a close, and I support President land’s Old Brooklyn neighborhood. She at- Without a safe means of disposing our phar- Obama’s stated intention to remove all Amer- tended Oak Park School, Our Lady of Good maceuticals, we risk our public health, our ican combat forces by year’s end. public safety, and our environment. We cannot Counsel Catholic School and James Ford wait any longer for action. But I also believe it past time to end our in- Rhodes High School. Following her high f volvement in Afghanistan. We should bring our school graduation, in 1939, Helen enrolled in troops home now. There is nothing more for typing and shorthand classes at the Dyke REFLECTIONS ON SEPTEMBER 11 our forces to achieve there. There are other School of Commerce. fronts in the war on terror, such as Pakistan, On May 4, 1941, Helen married Kenneth SPEECH OF Soggs. Because of Kenneth’s job as a con- Yemen, and Sudan, and we need to continue struction equipment operator, the young cou- HON. HENRY A. WAXMAN our efforts to combat violent extremists in ple frequently relocated throughout the onset OF CALIFORNIA those countries. But there is no overriding pur- IN THE HOUSE OF REPRESENTATIVES of World War II before returning to Old Brook- pose served by continuing military involvement lyn. During the War, in 1942, Helen became Friday, September 9, 2011 in Afghanistan. Let us leave Afghanistan to its the first woman to be hired by Republic Steel; Mr. WAXMAN. Mr. Speaker, on this tenth people, and reserve the right to strike at any she worked as a ‘‘scale girl’’ for three years. anniversary of the attacks on our country on foe arising from Afghanistan that poses a Following the War, Helen and Kenneth start- September 11, 2001, I simply want to pay trib- threat to our country and its people. ed their family and had two sons. The Soggs family would eventually settle in Seven Hills, ute to the American people, and to our coun- As a nation we grieve for those whose lives try, and what it stands for: our enduring com- Ohio. Kenneth and Helen became involved in were so brutally taken on 9/11. We honor their mitment to the freedoms we cherish, to liberty family-owned furniture stores, including Parma and democracy, and to our system of govern- memory, and we support their families. And I Home Appliance and Pleasant Valley Fur- ment and our way of life. hope that all our military forces in Iraq and Af- niture. Helen would later work for Higbee’s on The attacks on 9/11 against the World ghanistan will be brought home to us very their furniture customer service team. She re- Trade Center in New York, the Pentagon here soon. tired in 1986.

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15SE8.007 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1641 Helen was an involved member of the Corps account of the events. Meyer saved the SCHOOL VIOLENCE AND BULLYING Greater Cleveland community. She was a pa- lives of 13 U.S. troops and 23 Afghan soldiers. rishioner of St. Columbkille Catholic Church I join Dakota Meyer’s hometown of Colum- HON. LINDA T. SA´ NCHEZ and an active member of her ladies mission bia, Kentucky in pride as they celebrate this OF CALIFORNIA circle. She was involved with the Seven Hills rare distinction for their native son. Meyer IN THE HOUSE OF REPRESENTATIVES Golden Agers, St. Columbkille Golden Agers, joins the ranks of a small company, who in the Thursday, September 15, 2011 Justo Lane Club and was a longtime volunteer face of adversity rise to the occasion and do ´ as an election day poll worker. what needs to be done regardless of the con- Ms. LINDA T. SANCHEZ of California. Mr. Mr. Speaker and colleagues, please join me sequences. His heroic actions reflect the val- Speaker, I would like to discuss an important in remembrance of Mrs. Helen W. Soggs. I ues taught and practiced in small communities issue that affects too many young people offer my condolences to her sons, Loree and throughout the heart of America. across this country. As many students look Jim, her eight grandchildren, and four great- f forward to the new school year, there are too grandchildren. many who fear returning because their school PERSONAL EXPLANATION f environment is made unsafe by bullying. Bul- lying is not a rite of passage and no child HONORING DAKOTA MEYER HON. VERN BUCHANAN should be afraid to go to school. An unsafe OF FLORIDA school environment, including one made un- HON. ED WHITFIELD IN THE HOUSE OF REPRESENTATIVES safe by daily bullying and harassment, leads OF KENTUCKY to increased absences and decreased gradua- Thursday, September 15, 2011 IN THE HOUSE OF REPRESENTATIVES tion rates. Mr. BUCHANAN. Mr. Speaker, on rollcall A majority of parents, students, and edu- Thursday, September 15, 2011 No. 706 I was inadvertently recorded as voting cators report that bullying and harassment are Mr. WHITFIELD. Mr. Speaker, the small ‘‘nay.’’ issues of major concern. To combat this prob- community of Columbia in south central Ken- Please let the permanent record reflect that lem, I have introduced the Safe Schools Im- tucky is not unlike many of the rural areas of I support H.J. Res. 77 and my vote should be provement Act which would help schools and America that have given of their best young recorded as ‘‘aye.’’ school districts develop and improve anti-bul- men and women to guarantee our freedom. I support H.J. Res. 77 because Congress lying and anti-harassment initiatives. Fortu- As of today, however, Columbia has the dis- should not increase the debt limit until addi- nately, others are also beginning to address tinction of being the birthplace of Dakota tional substantial cuts are made to the Federal this issue and are seeking ways to address Meyer, only the third living recipient and the budget. bullying and make schools safer. first Marine to be awarded the Medal of Honor f One effort to combat bullying in our schools for actions in Iraq and Afghanistan. is the ‘‘be a STAR (Show Tolerance And Re- Today, President Barack Obama will award IN HONOR OF MR. JAY WILLIAMS spect) program’’ being led by World Wrestling Dakota Meyer the Medal of Honor for con- Entertainment, WWE, in collaboration with the spicuous gallantry and intrepidity at the risk of HON. DENNIS J. KUCINICH Creative Coalition, the National Education As- his life above and beyond the call of duty. He OF OHIO sociation’s Health Information Network, NEA will receive the Medal of Honor for his coura- IN THE HOUSE OF REPRESENTATIVES HIN, Stomp Out Bullying, the Gay & Lesbian geous actions while serving as a member of Alliance Against Defamation, and the National Thursday, September 15, 2011 Marine Embedded Training Team 2–8, Re- School Climate Center amongst others. This gional Corps Advisory Command 3–7, in Mr. KUCINICH. Mr. Speaker, I rise today in program provides teachers across America Kunar Province, Afghanistan, in support of Op- honor of Mr. Jay Williams, who has recently with a comprehensive toolset to teach children eration Enduring Freedom. He and his family been appointed as the Department of Labor’s an anti-bullying message. ‘be a STAR’ is pro- will join the President at the White House to Executive Director of the Office of Recovery viding an easily accessible teaching aid written commemorate his example of selfless service. for Auto Communities and Workers by Presi- by the NEA HIN and educator Dr. Fran The Medal of Honor is awarded to members dent Obama. Prolman that meets National Education Stand- of the Armed Forces who distinguish them- Mr. Williams was born and raised in ards. This teaching aid is available at no cost selves with meritorious conduct involving great Youngstown, Ohio. He attended Youngstown to educators and is designed to promote posi- personal bravery or self-sacrifice so con- State University and studied finance. After tive and equitable social environments for stu- spicuous as to clearly distinguish the individual graduating, he began working with banks dents within and beyond the classroom set- above his or her comrades, and the action around the Youngstown area. He continued ting. The alliance is also offering a ‘‘Start Your must have involved risk of life. There must be working in the banking industry as an exam- Own Be a STAR’’ Chapter toolkit encouraging incontestable proof of the performance of the iner for the Federal Reserve Bank of Cleve- students to spread the anti-bullying message meritorious conduct, and each recommenda- land. in their schools and communities. The be a tion for the award must be considered on the Upon leaving the financial industry, Mr. Wil- STAR Alliance has also been instrumental in standard of extraordinary merit. liams became the director of Youngstown’s encouraging students to seek out resources or On September 8, 2009 an Afghan battalion Community Development Agency. He served proper intervention to help protect victims of was set to go to a village in the Ganjgal Val- as the leader of Youngstown 2010. This ongo- bullying and other forms of intolerance through ley. According to the plan, Meyer was to stay ing initiative plans for a Youngstown that is its ‘be a STAR’ pledge. with the vehicles near the mouth of the valley ‘‘smaller, greener, cleaner, makes efficient use I had the opportunity to participate in anti- and the Afghan soldiers and their U.S. advis- of its available resources, and capitalizes on bullying events with WWE Superstars Rey ers would walk into the village from there. But its many cultural amenities and business ad- Mysterio and Eve, Los Angeles Mayor Antonio as the lead of the column approached the vil- vantages.’’ Villaraigosa, American Idol Winner Jordan lage more than 50 insurgents fired from posi- In 2005, Mr. Williams was elected as the Sparks, actor Tim Daly, Dancing with the tions on mountains surrounding the valley and Mayor of Youngstown. He was the first African Stars’ Chelsie Hightower and many more. I from within the village. The troops were American elected as Youngstown’s mayor and joined them at the Algin Sutton Community trapped. was also the first independent candidate elect- Center to discuss with children the issue of Back at the vehicles, Meyer heard the firing. ed since 1922. Mr. Williams was re-elected in bullying and to deliver a strong anti-bullying When requests for airstrikes and permission to 2009. On July 6, 2011, President Obama an- message of tolerance and respect. The reac- drive into the valley were repeatedly denied, nounced Mr. Williams as the Executive Direc- tion from the more than 500 children and fami- Meyer set himself in the turret of a Humvee tor of the Office of Recovery for Auto Commu- lies that participated was very positive. and rode straight into the firefight, taking fire nities and Workers; he began on August 8, Through its participation and leadership in the from all directions. He went in not once, but 2011. alliance, WWE has demonstrated a real com- five times, trying to rescue his comrades and Mr. Speaker and colleagues, please join me mitment to raise awareness about bullying, taking to foot in an effort to locate his team. in honoring Mr. Jay Williams as he begins his and is working in local communities around During about six hours of chaotic fighting, he tenure as the Executive Director of the Office the country and overseas to combat bullying in took out eight Taliban militants and provided of Recovery for Auto Communities and Work- our schools. cover for Afghan and U.S. servicemen to es- ers. I extend my congratulations and well The anti-bullying movement has a new cape the ambush, according to a Marine wishes as he embarks on this new endeavor. champion in the ‘be a STAR’ Alliance, co-

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K15SE8.006 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1642 CONGRESSIONAL RECORD — Extensions of Remarks September 15, 2011 founded by WWE and The Creative Coalition sinister deliberate effort to kill the great tree, A TRIBUTE IN HONOR OF DR. C.J. and I want to commend them for the great Cullen poisoned it with enough pesticides to HUANG ON THE OCCASION OF work they are doing to promote equality for all kill a hundred trees. And as most outlaws do, RECEIVING THE DEAN’S MEDAL people regardless of age, race, religion and he bragged about his crime, resulting in his FROM THE STANFORD UNIVER- sexual orientation. swift arrest and incarceration. He was charged SITY SCHOOL OF MEDICINE f with felony criminal mischief. TWO MIGHTY OAK TREES: Of course, I promptly volunteered to try that HON. ANNA G. ESHOO SYMBOLS OF THIS GREAT STATE case while I was still a judge in Houston. Al- OF CALIFORNIA though I didn’t get to hear the case, a jury of IN THE HOUSE OF REPRESENTATIVES HON. TED POE 12 tree-loving Texans in Austin found him Thursday, September 15, 2011 OF TEXAS guilty and sentenced the culprit to nine years Ms. ESHOO. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES in prison for trying to kill the mighty oak. The honor Dr. C.J. Huang who was awarded the Thursday, September 15, 2011 nation was stunned that Texans would send a Dean’s Medal on Saturday, September 10, person to prison for so long for ‘‘just’’ trying to 2011, by Dean Philip Pizzo of the Stanford Mr. POE of Texas. Mr. Speaker, my grand- kill a tree. But this wasn’t any old tree. This father, Theodore Otto Herman Hill, or ‘‘Thun- University School of Medicine. Dr. Huang tree was a symbol of Texas. derhead’’ as he was more appropriately called the event the ’happiest day of his life’ known, was a hunter, a taxidermist and a Amazingly, the Treaty Oak survived the at- and he spoke eloquently about his philosophy Teddy Roosevelt conservationist. He was the tack, and her survival has astonished cynics and that of generations in his family of giving frontiersman type. He could tell the type of who predicted the tree would certainly die. and the privilege of philanthropy. Dr. Huang tree by looking at the bark or observing the While she may not stand as mighty as before, was described in the event program as fol- leaves. He predicted the weather by watching she continues now to be a new symbol of lows: the actions of animals. He found and collected Texas perseverance, ruggedness and deter- ‘‘Dr. Chang Jen Huang was born in 1916 in arrowheads on his land in central Texas. His mination. Liu Yang City, in Hunan Province, China. He love of nature was impressed on me as a received a Master’s degree in engineering Two mighty oaks of Texas . . . symbols of from University of Michigan, Ann Arbor, and is child. no place but Texas. Being born near where Texas independence a special member of the Stanford Research was declared, Washington-on-the-Brazos, he And that’s just the way it is. Institute. Dr. Huang has established a number told me many stories of famous Texas trees. of graduate scholarship funds and fellowships Two trees in particular stand out in my mind. f at Stanford supporting surgical oncology, car- In Gonzales, Texas, stands the ‘‘Sam Hous- diovascular research, and the exchange of ton Oak.’’ This tree was made famous 175 IN HONOR AND RECOGNITION OF medical education and research between years ago this month during the War for Texas THE 2011 HISPANIC HERITAGE China and the United States. Independence. Before towns were settled, un- MONTH Dr. Huang is a passionate supporter of Dr. usual or gigantic trees were often used as Sam So, Lui Hac Minh Professor in the School landmarks for people to gather under to wor- of Medicine and Director of the Asian Liver ship, to hear campaign speeches or to pre- HON. DENNIS J. KUCINICH Center at Stanford University. Dr. Huang is the pare for battle. OF OHIO honorary founder of the Asian Liver Center, William Barrett Travis and 187 volunteers established in 1996, to address the dispropor- sacrificed their lives on the altar of freedom IN THE HOUSE OF REPRESENTATIVES tionately high prevalence of Hepatitis B and after 13 glorious days at the Alamo. Sam liver cancer in the Asian and Pacific Islander Thursday, September 15, 2011 Houston and his boys regrouped with Seguin populations) with the ultimate goal of eradi- and his company of Tejanos at this mighty Mr. KUCINICH. Mr. Speaker, I rise today in cating Hepatitis B worldwide. oak. This tree became a rendezvous place for honor of the 2011 Hispanic Heritage Month, A dedicated philanthropist in many areas re- the new Texas Volunteers to organize and to as we celebrate the members of this commu- lated to education and global health, Dr. later fight dictator Santa Anna. nity and their invaluable contributions to the Huang has most recently given a gift to estab- The ‘‘Sam Houston Oak’’ site is considered Greater Cleveland Area and to our country. lish the C.J. Huang Building at Stanford Uni- by most historians as the beginning of the versity. When constructed, this building with ‘‘road to San Jacinto’’ taken by General Sam In 1968, Hispanic Heritage Week began; the be the future home of the Asian Liver Center and his ragtag bunch of freedom fighters on week was expanded to a month in 1988. and other medical school programs.’’ April 21, 1836, in the final battle for independ- Every year, Hispanic Heritage Month begins Mr. Speaker, I ask my colleagues to join me ence along the marshy banks of the San on September 15, a day that is celebrated in in honoring a great philanthropist, one whose Jacinto River. Today, a historical marker along Costa Rica, El Salvador, Guatemala, Hon- life’s work has been to promote science and St. Louis Street in Gonzales recognizes this duras and Nicaragua as the anniversary of education. Dr. Huang’s support of the Asian historical tree. their independence. Mexico and Chile’s inde- Liver Center will help eradicate this disease Another tree my outdoorsman grandfather pendence days also fall within the month. This and his gifts to Stanford will ensure that future told me about was the ‘‘Treaty Oak.’’ The year’s theme is ‘‘Many Backgrounds, Many generations will enjoy a high quality of life be- Treaty Oak is an immortal symbol of Texas Stories . . . One American Spirit.’’ cause of his extraordinary vision and gen- history that holds a special place in the hearts Hispanic Heritage month celebrates and illu- erosity. of all Texans. It is more than 500 years old. minates the significant contributions that f The Treaty Oak was a place of worship for the Americans of Hispanic heritage have had on WE MUST CONTINUE TO STAND Comanches and Tonkawa Indians. The story American culture. Hispanic Americans have WITH ISRAEL goes that Stephen F. Austin signed the first contributed immeasurably toward efforts to boundary treaty with the Indians under the elevate the human condition. Americans of Treaty Oak, which is located in downtown Hispanic descent have served our country in HON. JIM JORDAN Austin. numerous ways—as elected officials, teach- OF OHIO The Treaty Oak has endured multiple ers, musicians, physicians, veterans, commu- IN THE HOUSE OF REPRESENTATIVES threats throughout its life. In 1920, the land nity activists, and dedicated employees in vir- that the Treaty Oak lives on was put up for Thursday, September 15, 2011 tually every sector of the economy. Their rich sale, and the tree was almost cut down. There Mr. JORDAN. Mr. Speaker, this past week- and diverse culture has touched the life of was a massive outcry to save the Treaty Oak. end’s shocking attack on Israel’s embassy in every American and has been an invaluable Texans felt a loyalty to this tree and so in Cairo reminded us of the ongoing challenges addition to Cleveland’s diverse social fabric. 1947, the city of Austin purchased the land so faced by Israel as it continues to take risk that the Treaty Oak could remain untouched Mr. Speaker and colleagues, please join me after risk in the name of establishing lasting as a historic treasure for the state of Texas in honor and celebration of Hispanic Heritage peace in the Middle East. forever. month of 2011, as we recognize the great Thousands of rioters knocked down a re- Back in 1989, a criminal by the name of contributions made by Hispanic Americans in cently installed protective barrier, ransacked Paul Cullen poisoned the great tree. In some my district and around the country. the embassy, burned Israeli flags, and held six

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A15SE8.011 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1643 security guards hostage. These shameful acts pression and intolerance in countries around It was the vision of church members in 1959 had the potential to do great harm to the hard- the world. that led to the start of a committee that ex- won 1979 peace treaty—a treaty penned bare- USCIRF helps to advance the visibility of re- plored innovative ways to take action to the ly a generation after the Holocaust and in the ligious freedom as a priority of U.S. foreign issue of fewer housing choices for seniors in wake of the blatant 1973 attacks by Egypt and policy and helps to address the challenges of northern California. In 1961, the committee Syria that opened the Yom Kippur War. religious extremism, intolerance, and repres- moved forward to incorporate, and three years Yet even in the face of evidence that the ri- sion throughout the globe. later, they received their first U.S. Department oters seek an end to the peace treaty, Israel I support the USCIRF and its mission and I of Housing and Development (HUD) loan and remains dedicated to it. Israeli Prime Minister encourage my colleagues to join me in sup- began construction on Garfield Park Village in Benjamin Netanyahu paid rich tribute to the ul- port of H.R. 2867. Santa Cruz, CA. timate actions of Egyptian authorities to quell f Today, CCH serves more than 6,000 resi- the riot and rescue the embassy guards. He dents in over 60 properties in six States—Cali- pledged that the ambassador and the embas- IN REMEMBRANCE OF MR. JOSEPH fornia, Colorado, Florida, Missouri, Oregon, sy’s staff will return to Cairo when security can LECZNAR, SR. and Texas. CCH employs around 450 experi- be better guaranteed. Israelis well know that enced people and works with 350 dedicated peace with Egypt is in the best interest of both HON. DENNIS J. KUCINICH volunteers to keep and maintain a high quality nations and the entire region. OF OHIO of life for its residents through community As Prime Minister Netanyahu said in his IN THE HOUSE OF REPRESENTATIVES events, activities, and services such as fresh May address to Congress, Israel is ‘‘the one Thursday, September 15, 2011 produce markets, ‘‘feel good bingo,’’ computer anchor of stability’’ in the Middle East. Unwav- labs, wellness clinics, exercise rooms, and ering, self-sustaining, and yet faced with Mr. KUCINICH. Mr. Speaker, I rise today in education workshops. threats to its sovereignty from many sides, remembrance of Mr. Joseph Lecznar, Sr., a CCH takes pride in its Service Coordination Israel has taken every chance to secure dedicated leader of Greater Cleveland’s Polish Program that provides resident assessments peace over its six-plus decades of existence. community. and referrals to services that match the needs The prime minister has repeatedly said that Joe was born to Anthony and Mary Lecznar of the residents. Through the guidance of Israel is willing to make ‘‘painful compromises’’ on July 25, 1921 in the southern province of service coordinators, residents can access the to achieve a two-state solution and quell vio- Lancut, Poland. After attending elementary resources available in the greater community, lence in Gaza and the West Bank. In re- and junior high school, Joe began working on which ultimately can allow for extended ability sponse, Israel is vilified in the United Nations, his family’s farm. He served in the Polish to remain in their CCH community. mocked for its attempts to survive, and met Armed Forces, 2nd Corps during World War II Moreover, CCH has been leading the with open calls for its elimination. and was wounded in action. He fought in ‘‘Aging in Place’’ movement that blends health Mr. Speaker, we must continue to stand many battles throughout the War and was and human service provisions into affordable shoulder to shoulder with Israel, a vanguard honored with many medals and commenda- senior housing. These features allow for our against the terror states of the Middle East. tions for his bravery. He transferred to Eng- senior citizens to live comfortably and become Our two nations share a strong, long-lasting land and was honorably discharged in 1947. better acquainted with their community, while partnership based on mutual democratic val- Following the War, Joe immigrated to To- maintaining dignity and independence. ues and freedoms. We must remain united ronto, Canada and later Cleveland, Ohio to As a private non-profit corporation, CCH has against all threats to Israel’s peace, stability, join his siblings. He attended the Westside benefitted from leveraging public and private and its very existence—which, as we were re- Technical Center to study to become a tool resources for affordable housing development. minded just days ago, cannot be taken for and die maker. He worked for the Chrysler By accessing all available funding on the Fed- granted. Corporation for 30 years, where he was eral, State, local, and private levels, it allows f awarded with a citation and plaque for excel- CCH to provide additional services and bene- lence. fits to its residents. In addition, a majority of its UNITED STATES COMMISSION ON Joe was an active member of his commu- communities are funded through HUD, and INTERNATIONAL RELIGIOUS nity; in particular the Greater Cleveland Polish many communities offer Project-based Section FREEDOM REFORM AND REAU- community. He was a member of the Polish 8 or other subsidy programs which allow resi- THORIZATION ACT OF 2011 Army Veterans Association of America, Alli- dents to pay 30 percent of their income in ance of Poles, Polish National Alliance, Polish rent. SPEECH OF Legion of American veterans, Association of On behalf of California’s 9th Congressional HON. CHRIS VAN HOLLEN Polish Women, Polish American Congress, District, I want to extend my congratulations OF MARYLAND Parma Polish American League, Foundations on this important milestone. I want to thank all IN THE HOUSE OF REPRESENTATIVES and Center of the 2nd Polish Corps and the of the many people who have contributed to Chopin Singing Society. Wednesday, September 14, 2011 the continued success of Christian Church Mr. Speaker and colleagues, please join me Homes of Northern California. I wish you the Mr. VAN HOLLEN. Madam Speaker, I rise in remembrance of Mr. Joseph Lecznar, Sr. I very best. in support of H.R. 2867, a bill to reauthorize offer my condolences to his wife, Irene; four f the U.S. Commission on International Reli- children, Joseph, Barbara, Daniel and Nancy; gious Freedom (USCIRF). and nine grandchildren, Joseph III, Julie, Jes- PERSONAL EXPLANATION Around the world, millions of people suffer sica, Nicholas, Lindsey, LeAnn, MacKenzie, persecution merely because they practice a Morgan and Macy. HON. MARTIN HEINRICH different religion than other people around f OF NEW MEXICO them. No one should be made to feel that the IN THE HOUSE OF REPRESENTATIVES practice of their religion is a crime or a source HONORING CHRISTIAN CHURCH of shame. Such persecution violates their in- HOMES OF NORTHERN CALIFORNIA Thursday, September 15, 2011 alienable human right to practice the religion Mr. HEINRICH. Mr. Speaker, I unfortunately of their own choosing and promotes political HON. BARBARA LEE missed three votes on September 12, 2011, instability. The historical record is replete with OF CALIFORNIA which included roll call votes 699, 700 and incidents of violence and conflicts that have IN THE HOUSE OF REPRESENTATIVES 701. their source in sectarian and religious dif- If I had been present, I would have voted in ferences and rivalries. Thursday, September 15, 2011 favor of rollcall vote 699, H.R. 2076, the Inves- The U.S. Commission on International Reli- Ms. LEE. Mr. Speaker, I rise today to honor tigative Assistance for Violent Crimes Act of gious Freedom is an important advocate for the 50th Anniversary of Christian Church 2011. the freedom of religion and helps promote the Homes of Northern California (CCH). Since its If I had been present, I would have voted in issue as an integral part of the U.S. foreign debut in 1961, CCH has provided quality, af- favor of rollcall vote 700, H.R. 2633, the Ap- policy and national security agendas. Addition- fordable housing in creating caring commu- peal Time Clarification Act of 2011. ally, by providing data analysis and assess- nities for low-income seniors, as well as as- Finally, if I had been present, I would have ment of conditions in affected areas, USCIRF sisting its residents with accessing critical voted in favor of rollcall vote 701, H.R. 1059, enables the U.S. to impact acts of religious re- services to maintain their well-being. to protect the safety of judges by extending

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15SE8.014 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1644 CONGRESSIONAL RECORD — Extensions of Remarks September 15, 2011 the authority of the Judicial Conference to re- to Texas City for one hundred years of excel- gratitude for having met Alfred. I am a better dact sensitive information contained in their fi- lence and to a bright future ahead. person for knowing him and our community is nancial disclosure reports, and for other pur- f better because of his tireless and dedicated poses. work. PERSONAL EXPLANATION f f IN RECOGNITION OF THE HON. JOHN A. YARMUTH RECOGNIZING THE 20TH ANNIVER- LEVERETT JOHNSON HISTORICAL OF KENTUCKY SARY OF UKRAINE’S MODERN MARKER INDEPENDENCE IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH Thursday, September 15, 2011 HON. MARCY KAPTUR OF OHIO Mr. YARMUTH. Mr. Speaker, I was unable OF OHIO IN THE HOUSE OF REPRESENTATIVES to cast the recorded votes for rollcall 700 and IN THE HOUSE OF REPRESENTATIVES 701. Had I been present I would have voted Thursday, September 15, 2011 ‘‘yes’’ and ‘‘yes’’ for these measures. Thursday, September 15, 2011 Mr. KUCINICH. Mr. Speaker, I rise today in Ms. KAPTUR. Mr. Speaker, I rise today to Rollcall recognition of the Leverett Johnson Historical Bill No. Vote commemorate the twentieth anniversary of Marker being dedicated in Westlake, Ohio’s Ukrainian independence. Twenty years ago H.R. 2633—On Motion to Suspend the Rules and Evergreen Cemetery on September 15, 2011. Pass, as Amended ...... 700 Yes Ukraine succeeded from the Soviet Union and Leverett Johnson became the City of H.R. 1059—On Motion to Suspend the Rules and on August 24, 1991 asserted its independ- Westlake’s first settler in 1811 at the age of Pass ...... 701 Yes ence. For the first time since 1921, Ukraine sixteen. On August 15, 1814, he married Abi- f was once again free. The Western world and gail Cahoon, marking the first marriage in the in particular the United States welcomed City of Westlake. Leverett and Abigail raised HONORING ALFRED L. PELOQUIN Ukraine’s sovereignty and its pursuit of demo- nine children together in a cabin that he built. cratic ideals. Leverett was an active and dedicated mem- HON. DALE E. KILDEE Ukraine as a new nation has achieved much ber of his community. He served as the town- OF MICHIGAN in the short time. Ukrainians enjoy the ability ship trustee and treasurer for Westlake from IN THE HOUSE OF REPRESENTATIVES to share with the world their language, culture, 1815 through 1847. Additionally, he was Thursday, September 15, 2011 history, and heritage without fear of persecu- Westlake’s Justice of the Peace from 1822 tion. During the Orange Revolution of 2004 through 1833. He continued his political career Mr. KILDEE. Mr. Speaker, I rise today with the world saw Ukrainians united to uphold the and served as the Cuyahoga County Commis- a heavy heart and deep sympathy to com- sacred belief that in a democracy the will of sioner in 1829 and was elected to serve in the memorate the life of a tremendous journalist the people must be fulfilled. Ohio State legislature five times between 1837 and friend Alfred L. Peloquin. As we look back, we must remember that and 1856. Mr. Peloquin enlisted in the U.S. Army in the path to democracy faces difficulties. In 1820, Leverett generously donated a 1943, where he was a 1st lieutenant and later Ukraine still struggles with its past, both inside piece of his land to the City of Westlake for promoted to captain in the U.S. Army Re- and outside its borders. Legacies of the Soviet the purpose of creating a cemetery, the Ever- serve. After a stint in Europe during WWII he Union can still be seen in Ukrainian politics green Cemetery. The Cemetery now serves became a reporter at The Bay City Times in today. Political opponents have been intimi- as the final resting place for many of 1946. He was later named city editor of The dated and journalists harassed. Ukraine strug- Westlake’s early settlers, including the John- Times in 1959. In the 1970s he was named gles to maintain civil liberties and the national son family. It is one of Westlake’s most his- metro editor of The Saginaw News until 1981 identity of Ukraine has been endangered. Rus- toric locations. Now, 200 years later, the Ohio when he was named editor of the Flint Jour- sia continually attempts to subjugate Ukraine Historical Society is honoring the City of nal, a job he held until his retirement in 1989. by threatening Ukrainian territorial integrity, at- Westlake’s founder, Leverett Johnson, and his During his time in journalism, Alfred tempting to create Ukrainian reliance on Rus- legacy, with an Ohio Historical Marker. Peloquin remained deeply involved in each sian energy, and threatens Ukraine’s pro-Eu- Mr. Speaker and colleagues, please join me community, serving as chairman of Bay City’s ropean ambitions. There are many challenges in recognition of the dedication of the Leverett Planning Commission, Commodore of the Bay in democratization, but with the will of the Johnson Historical Marker. City Yacht Club, a member of the Bay City Ski Ukrainian people and the support of the world f Club, Bay City Industrial Development Com- they can be realized. mittee, the Bay City Community Concerts As- On this twenty-year anniversary of inde- COMMENDING TEXAS CITY, TEXAS sociation and Chairman of the United Fund pendence I would like to offer my best wishes ON ITS 100 YEAR ANNIVERSARY Campaign. In Flint, he helped establish the to all Ukrainians around the world who join us former Alliance for Greater Flint and the com- in celebrating this great milestone. It is impor- HON. PETE OLSON munity-wide World of Difference anti-prejudice tant that we all reaffirm our strong commitment OF TEXAS program. He also created a high school work- to Ukraine’s independence as well as our tire- IN THE HOUSE OF REPRESENTATIVES shop for minority journalists. less efforts to help democracy live strong in Shortly after his retirement, he joined the Thursday, September 15, 2011 Ukraine. Flint AARP chapter and held a variety of posts f Mr. OLSON. Mr. Speaker, I rise today to with the local and Michigan AARP. Mr. commend Texas City, Texas on its one hun- Peloquin was active in AARP from April 1990 IN RECOGNITION OF COGSWELL dred year anniversary. Located alongside Gal- until December 2005 and his positions include HALL veston Bay, this city has made significant con- Chairman of the AARP Michigan State Legis- tributions to both the Houston and Texas lative Committee and member of AARP’s Ex- HON. DENNIS J. KUCINICH economies. Congratulations to Texas City for ecutive Leadership Council. In the 90s, he OF OHIO a wonderful century of contributions to the was also vice chairman of the Bay City Plan- IN THE HOUSE OF REPRESENTATIVES Great State of Texas! ning Commission, director for Jennison Hard- September 16th, 1911 marks the founding ware Co., a member of the Steering Com- Thursday, September 15, 2011 of Texas City. This city has grown from a mittee for the Bay County Civic Arena and a Mr. KUCINICH. Mr. Speaker, I rise today in sleepy town of 3,500 people in 1925, to a vi- member of the Community Round Table on recognition of Cogswell Hall, a permanent brant city of more than 45,000 people today. Care for the Patient with Dementia. He spon- housing residence for low income adults fac- Texas City plays a critical role in our state’s sored numerous seminars and public forums ing critical life challenges. economy with its contributions to the shipping addressing civic responsibility and good gov- Founded by Mrs. Benjamin Cogswell in and petrochemical industries. The Texas City ernment and he continued to share his wis- 1889, Cogswell Hall evolved from her earlier Industrial Complex is a leading center of the dom and knowledge to aspiring journalists advocacy work as leader of the Women’s petrochemical industry. throughout his retirement. Christian Temperance Union (WCTU). In 1878 The history and economic efforts of Texas Mr. Speaker, I would like to offer my deep- Mrs. Cogswell formed the Missionary Com- City bring pride to our state. Congratulations est sympathies to the Peloquin family and my mittee of the Open Door to provide young

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15SE8.017 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1645 women temporary shelter, training, employ- for U.S. Naval Aviation. He ended his active families invited him into their homes, and men ment services, and spiritual guidance. How- duty career as Chair of Tactical Analysis at and women enjoyed his company during their ever, she soon realized that these women NPS. Gordon was awarded two Legions of daily commutes. Juke used radio to knit to- needed a permanent residence and the Home Merit, two Bronze Stars, two Purple Hearts, gether and tighten a community. He helped of Friendless Girls was established. two Meritorious Service Medals, Distinguished make national issues local, and local people The Training Home for Girls continued to Marksman (Rifle) Medal, Distinguished Pistol neighborly. operate. After several moves, it settled at its Medal, Prisoner of War Medal, and various Mr. Van Oss is not only a radio personality, current location on Franklin Boulevard in 1914. other campaign, service, and individual but a community servant. He served as a In 1952, the Training Home for Girls was re- awards. member of the Saugatuck Schools Board of named Cogswell Hall in honor of its founder. Active duty retirement did not end Gordon’s Education and Village Council, including three Cogswell Hall has also adapted its mission public service career. He continued to educate years as Mayor, as well as President of the several times, expanding its clientele from ad- our service members at NPS and served on Chamber of Commerce and a seat on the Re- olescent girls to women of all ages with limited the Monterey Peninsula Unified School District gion 8 Criminal Justice Planning Council. I fer- incomes and disabilities. Board for over 8 years. He was an active vently wish for every community in our Nation Today, Cogswell Home’s mission is to ‘‘pro- member in numerous organizations including their own Juke. Mr. Speaker, please let it be vide safe, affordable housing and supportive the Military Officers Association of America, known that on this Sept. 16, 2011, that the services to adults of limited income facing crit- Naval Postgraduate School Foundation, the U.S. House of Representatives acknowledges ical life challenges who may otherwise be Marina Foundation, the Veterans Transition the achievements of Mr. Van Oss and wishes homeless.’’ They serve as a permanent home Center, and the Central Coast State Veterans him the best in his future years in broad- for adult men and women facing life struggles Cemetery. His commitment to his community casting. ranging from developmental and physical dis- was honored by being named the 2004 Mon- f abilities to mental illness and addiction to terey County Veteran of the Year, and sharing abuse and HIV/AIDS. the 2006 Marina Citizen of the Year with his TRIBUTE TO KIDNEY DISEASE Mr. Speaker and colleagues, please join me wife. AWARENESS WEEK in recognition of the Cogswell Hall, as they Gordon’s life is a great American story. He continue to serve as a safe haven for Greater was a hero who defended our nation with HON. WILLIAM L. OWENS Cleveland’s disadvantaged. valor, an esteemed educator who shared his OF NEW YORK f knowledge with generations of students, and IN THE HOUSE OF REPRESENTATIVES he was a strong leader in the community who Thursday, September 15, 2011 IN HONOR OF CAPTAIN GORDON led by example. Above all, he was a devoted ROSS NAKAGAWA husband to Jeanne; a loving father to Gregory, Mr. OWENS. Mr. Speaker, I rise today to Kathleen, and Steven; and a caring grand- honor the American Nephrology Nurses Asso- HON. SAM FARR father to Ryan, Graham, and Tait. ciation as well as all those involved in the an- OF CALIFORNIA Mr. Speaker, I speak on behalf of the whole nual Kidney Disease Awareness Week, which IN THE HOUSE OF REPRESENTATIVES House when I extend my deepest sympathies took place this year from August 8th through August 12th. Thursday, September 15, 2011 to the family of Captain Gordon Ross Nakagawa, and extend to them the gratitude There are over four hundred thousand Mr. FARR. Mr. Speaker, I rise today to pay of the nation. Americans who have irreversible kidney fail- tribute to a true American hero. Captain Gor- f ure, and the only treatment for this disease is don Ross Nakagawa was a career naval offi- dialysis or kidney transplantation. However, cer who completed his life journey with incred- COMMEMORATION OF THE transplants are limited due to the shortage of ible dignity and grace on August 23, 2011. He SERVICE OF JUKE VAN OSS donors, and the majority of patients who suffer was just 77 years old. Gordon’s golden spirit from this forgotten ailment must undergo reg- was admired by many and will be deeply HON. BILL HUIZENGA ular dialysis treatments. missed. I count myself privileged to have OF MICHIGAN The leading causes of end-stage kidney dis- known him and know that his memory will be IN THE HOUSE OF REPRESENTATIVES ease (ESRD), a disease that 24,000 New with us for generations to come. Yorkers suffer from, are Hypertension and Di- Thursday, September 15, 2011 Gordon was born on June 13, 1935 in Au- abetes. An additional 15,000 people in my burn, California. In 1941, Gordon, his parents Mr. HUIZENGA of Michigan. Mr. Speaker, I state suffer from these two ailments and are at Bunny and Harriet, and two brothers were would like to honor Juke Van Oss’s 60 years risk of ESRD. Despite these staggering num- sent to an internment camp at Tule Lake, Cali- of broadcasting on WHTC 1450 in Holland, bers, debilitating kidney diseases are typically fornia, and later to a farm labor camp in Michigan. On Aug. 9, Juke celebrated 60 forgotten. Caldwell, Idaho. In 1945, they returned to Cali- years of service to the station and his commu- Our area Nephrology Nurses play a funda- fornia where Gordon attended elementary nity. mental role in providing our sick with dialysis school in Lincoln. There he first set eyes on Juke’s work in radio began during World and related treatments in my community and his wife Jeanne. He graduated from UC War II in the Philippines and Korea. No doubt, across the entire country. I applaud them for Berkeley, where he served as the NROTC his service transmitting codes and protecting their efforts to contribute to the overall health Midshipmen Battalion Commander. radio equipment helped coordinate American of our nation. On February 7, 1958, Gordon received his troops against the great foes of National So- Mr. Speaker, I thank the American Nephrol- commission as an ensign in the United States cialism and Fascism. For any American, this ogy Nurses Association for their work to treat Navy. He was designated a Naval Aviator in service should be more than sufficient to earn these diseases and urge every American to August 1959, earning the coveted Naval Avia- the gratitude of others, but Juke further en- observe Kidney Disease Awareness Week this tion ‘‘Wings of Gold.’’ After receiving a mas- deared himself to the people of West Michigan August. ter’s degree in electrical engineering from the with his work during peacetime. f Naval Postgraduate School (NPS) in 1966, he After the war, Juke attained his amateur li- was selected to fly Navy jets. He flew 185 cense and became a radio engineer for CONGRATULATING STREET SOC- combat missions in an A–6 Intruder. In De- WHTC at the age of 27. Juke recognized that CER USA ON THE OCCASION OF cember 1972, during Operation Linebacker II, radio is a medium like no other. Nothing else THE 4TH ANNUAL STREET SOC- his aircraft was struck down by enemy fire in commands such great respect for the spoken CER USA CUP North Vietnam. The North Vietnamese held word, and Juke soon learned to inspire that Gordon as a prisoner of war at the infamous respect in listeners throughout the community. HON. CHRIS VAN HOLLEN ‘‘Hanoi Hilton’’ until his release on March 28, One morning, the scheduled announcer failed OF MARYLAND 1973. to arrive on time so Juke took a seat at the IN THE HOUSE OF REPRESENTATIVES Gordon’s service in the Navy continued until microphone. An instant favorite of listeners, September 1989. During his career, he helped Van Oss began hosting his own morning Thursday, September 15, 2011 develop tactics to protect carrier groups, show, and for the past 45 years he has hosted Mr. VAN HOLLEN. Mr. Speaker, I rise today taught at the United States Naval Academy, ‘‘Talk of the Town.’’ Juke became a local ce- to recognize Street Soccer USA—a leader in and coordinated all major design competitions lebrity in the Holland area as thousands of sports-based youth development for the least-

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K15SE8.011 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1646 CONGRESSIONAL RECORD — Extensions of Remarks September 15, 2011 served in our country—on the occasion of its They are demonstrating that ending homeless- our nation’s students. And I congratulate those 4th Annual Street Soccer USA Cup that was ness is a team sport. institutions for their efforts as HSIs across the held here in Washington, D.C. this summer. f country celebrate National HSIs Week next Street Soccer USA is an effective and inno- week, September 19–25, 2011. vative organization which builds trust through RECOGNIZING ORANGE COUNTY’S Hispanic Serving Institutions play an impor- sports to better leverage existing social serv- 1ST ANNUAL STAND DOWN tant role in educating many underprivileged ices in communities across the U.S., enhanc- students and helping them attain their full po- ing their outcomes and tying the greater com- HON. LORETTA SANCHEZ tential through higher education. National His- munity to the issues of homelessness and OF CALIFORNIA panic-Serving Institutions Week recognizes the poverty in a new way. Building on the basic IN THE HOUSE OF REPRESENTATIVES contributions of these exemplary institutions at sports platform, Street Soccer USA creates a the forefront of service to our nation’s young- Thursday, September 15, 2011 positive community around people who are est and largest ethnic population. It is signifi- homeless, dramatically transforming their lives. Ms. LORETTA SANCHEZ of California. Mr. cant that we pay tribute to them for their com- SSUSA uses team sports to deliver job and Speaker, I rise today to proudly recognize the mitment to secure academic access, equity, life skills training and other specialized serv- First Annual Orange County Stand Down to be excellence and success for every American. ices, ultimately connecting participants directly held in Santa Ana, California on September Hispanic-Serving Institutions provide hope to jobs, education, and housing. It has a broad 17–18, 2011. Nationally, it is estimated that and opportunity to America’s diverse commu- coalition of implementing parties in 18 cities one-third of the homeless population in the nities of learners, reflecting the belief that across the United States, including the Foun- United States are veterans of the United every American should have access to a col- dation for Change in Montgomery County in States Armed Forces, many of whom face a lege education. While HSIs constitute less my district. The program’s systemic approach constant battle with the effects of their time in than 5 percent of America’s institutions of is designed to build trust, self-esteem, dis- service to our nation. There are approximately higher education, they enroll 50 percent of all cipline, and basic financial literacy. Mentoring 5,000 veterans residing within the borders of Hispanic Americans enrolled in colleges and and goal setting practices are designed to Orange County that currently experience some universities. transform lives and address barriers like drug form of homelessness during the year. This year also marks the 25th Anniversary addiction and mental instability head on. This event will create a ‘‘one-stop’’ environ- or Silver Anniversary of the Hispanic Associa- In 2010, SSUSA launched a research initia- ment for these homeless veterans and their tion of Colleges and Universities (HACU), an tive with four universities to examine the im- families to receive basic social services such association working to improve the capacity of pact of sport based programming on as veterans benefit assistance, mental health HSIs to help students succeed across our na- marginalized populations and looking both at and substance abuse counseling, along with tion. the impact of its 265 day a year programming housing and employment placement assist- In honoring the many contributions of His- and its single day events. ance. The first Orange County Stand Down panic-Serving Institutions (HSIs), we recognize Since its creation in 2007, SSUSA has a expects to serve approximately 400–500 of the critical role that HSIs play in providing history of success including 410 players the county’s homeless veterans and their fami- quality educational opportunities to Hispanics placed in jobs and housing through 18 pro- lies, many of whom have served their country and to all other students who attend these in- grams across the country. 92 percent of par- valiantly in theaters of combat ranging from stitutions. ticipants show a new motivation for life, and World War II to the current wars in Afghani- Congratulations to HACU and to the nations’ 75 percent pursue further education, address stan and Iraq. Attendees of the Stand Down Hispanic Serving Institutions, and thank you substance abuse issues, reconnect with fam- will be able to receive hot showers, new cloth- for your service to our communities and your ily, or address mental health issues. ing, hot meals and a chance to bond with their contributions to higher education. This June, members of the Montgomery fellow veterans. f County program joined over 200 athletes over- Veterans First, a community-based organi- coming homelessness from 18 cities across zation in my district that serves homeless vet- THE INTRODUCTION OF THE FED- the United States to compete alongside an es- erans along with other community groups and ERAL EMPLOYEE SHORT-TERM timated 500 youth, adult, and corporate team government entities such as the United States DISABILITY INSURANCE ACT OF players as part of the nation’s premier sport Veterans Administration (VA), State of Cali- 2011 for social change event in D.C. The Cup at- fornia Employment Development Department tracted national media attention and participa- (EDD) and Department of Motor Vehicles HON. ELEANOR HOLMES NORTON tion from professional athletes, and involved (DMV), the County of Orange, the American OF THE DISTRICT OF COLUMBIA grassroots outreach throughout the Spring and Legion, Elks Lodge, American GI Forum, the IN THE HOUSE OF REPRESENTATIVES Summer. I am proud that the Montgomery American Red Cross, and Furnishing Hope, Thursday, September 15, 2011 County team took home a second place finish have come together to serve a group of brave to the Street Soccer Minneapolis team during individuals who have fought for the freedoms Ms. NORTON. Mr. Speaker, today, I intro- a hard-fought battle that ended in overtime we value and cherish. duce the Federal Employee Short-Term Dis- penalty kicks. I would like to recognize the First Annual ability Insurance Act of 2011. This bill will offer Top achievers on and off the field were se- Orange County Stand Down and commend its federal employees short-term disability insur- lected to represent the United States men’s mission to restore honor to our homeless vet- ance at no cost to the federal government. and women’s teams at the 56 Nation Home- erans and assist them in rebuilding their lives. Employees will be responsible for 100 percent less World Cup in Paris, France in August. As ranking woman on the Armed Services of the premiums. If federal employees elect to Two members of the Montgomery County Committee, I would like to extend best wishes purchase the short-term insurance provided program, Salvador ‘‘Chamba’’ Matos and of success to the First Annual Orange County for in my bill and they become injured or ill be- Alvaro Gonzales, were among the 16 chosen Stand Down in the hopes that it will become cause of a non-work related injury or illness, from 8 different cities to represent our country a sustainable annual event to assist our federal employees will be able to collect dis- in Paris. Both have returned safely and are homeless veterans until all of our heroes are ability insurance benefits, for up to one year, now employed, housed, and using their free no longer on the streets. to replace a portion of their lost income. time to help others who are in the situation f I decided to investigate how we could pro- where they once found themselves. vide short-term disability insurance to federal Mr. Speaker, I ask my colleagues to join me HISPANIC SERVING INSTITUTION employees after learning that many of them al- in congratulating all of this year’s participating WEEK, SEPTEMBER 19–25, 2011 ready buy short-term disability insurance in the Street Soccer USA Cup teams and the players private market at high individual rates. Al- chosen for the national teams. They are HON. RAU´ L M. GRIJALVA though federal employees have good health among a distinguished group of individuals OF ARIZONA insurance, federal health benefits do not re- dedicated to improving their lives. IN THE HOUSE OF REPRESENTATIVES place lost income if employees are unable to I also want to recognize SSUSA’s entire work. And, while federal employees may have staff of employees and volunteers, who work Thursday, September 15, 2011 limited available sick or annual leave days, so hard to strengthen their organization and Mr. GRIJALVA. Mr. Speaker, I rise today to these are often insufficient to cover the costs help so many, and extend to them my best recognize the important role that Hispanic of an employee’s living expenses if he or she wishes for many successful years ahead. Serving Institutions (HSIs) play in educating has to be out of work for an extended period

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A15SE8.022 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1647 of time. Moreover, although there are long- I hope my colleagues will congratulate all TRIBUTE TO DR. EDWARD A. term disability options for federal employees those whose talent carried them to the final SHELDON who become permanently disabled, federal weeks of a long competition. And, I thank employees do not qualify if they have not America for recognizing a true talent in this HON. WILLIAM L. OWENS worked for at least 18 months. My bill does no fine son of West Virginia. Thankfully, we will OF NEW YORK more than put federal employees in the same be hearing a lot more from Landau Eugene IN THE HOUSE OF REPRESENTATIVES position as their private sector counterparts, Murphy, Jr., for many more years to come. who have access to disability insurance at Thursday, September 15, 2011 group rates. The bill will not allow participating f Mr. OWENS. Mr. Speaker, I rise today to employers to exclude persons based on pre- honor and remember the life of Dr. Edward A. existing conditions. And, because of the fed- IN RECOGNITION OF GARY YATES Sheldon, founder of Oswego State University eral government’s purchasing power, the bill in New York, as we celebrate the college’s will provide all of these benefits at a more HON. JACKIE SPEIER 150th anniversary. competitive rate than is available if the em- OF CALIFORNIA A native of Perry Center, New York, Dr. ployees seek such insurance as an individual. Sheldon spent decades devoting his life to the IN THE HOUSE OF REPRESENTATIVES According to the Social Security Administra- New York education system by organizing and tion, studies indicate that a 20-year-old worker Thursday, September 15, 2011 spearheading an educational system acces- has a 30 percent chance of becoming dis- Ms. SPEIER. Mr. Speaker, I rise to honor sible to all children. Throughout the years, he abled by retirement age. The majority of dis- Gary L. Yates for providing two decades of served as a teacher, superintendent, and sec- abilities are not caused by major accidents, leadership in health philanthropy through his retary of the board of education in Oswego, but by conditions or illnesses such as cancer work at the California Wellness Foundation. NY. In 1861 he founded the Oswego Primary or back injuries, according to the Council for After three years at Children’s Hospital Los Teachers’ Training School, known today as Disability Awareness. Angeles, Mr. Yates joined the Foundation as a Oswego State University. Serving as President I strongly urge my colleagues to support this senior program officer in 1992, was named the until 1897, he worked to transform the subject bill. Interim President in 1994 and President and matter and methods of formal education and f CEO in 1995. to extend educational opportunities to all chil- LANDAU ENGENE MURPHY, JR. Mr. Yates received his B.A. in Government dren. AMERICA’S GOT TALENT WINNER from American University and his Masters in Through his lifetime, Dr. Sheldon garnered Counseling Psychology from the University of national attention creating the Oswego method HON. NICK J. RAHALL II Northern Colorado. He also served in the of object training. His time spent working to United States Army from 1968–1970. He is a enhance the quality of education in Upstate OF WEST VIRGINIA New York provided a strong foundation for IN THE HOUSE OF REPRESENTATIVES licensed marriage, family, child therapist and a clinical assistant professor of pediatrics at the countless students and teachers. Thursday, September 15, 2011 University of Southern California Medical Mr. Speaker, I rise today to honor and re- Mr. RAHALL. Mr. Speaker, America has School where he trains doctors, psychologists, member the life of Dr. Edward A. Sheldon and voted. The Nation voted for a winning com- and social workers on how to work with ado- congratulate Oswego State University on their bination of humility, hard work, life-long dream, lescents. In brief, he is dedicated to improving 150th year. and finely tuned talent. Today, I join with my health outcomes for those most in need. f friends in Logan County and all throughout Since joining the TCWF, Mr. Yates has DISAPPROVAL RESOLUTION RE- West Virginia in congratulating Landau Eu- worked tirelessly to create, lead and support LATING TO DEBT LIMIT IN- gene Murphy, Jr., this year’s winner of NBC initiatives to improve health and decrease vio- CREASE Television’s ‘‘America Got Talent.’’ lence throughout the state of California. In Landau’s journey is a true American suc- 1992, he led TCWF’s first proactive SPEECH OF cess story. Coming from humble beginnings, grantmaking program, a 10-year, $60 million he worked hard, never lost faith in his Lord, Violence Prevention Initiative. His approach to HON. GARY C. PETERS and always remained determined to pursue grantmaking has ensured that funds reach the OF MICHIGAN his dream. right people, places, and causes, such as en- IN THE HOUSE OF REPRESENTATIVES I believe what Landau accomplished last vironmental health, violence protection, teen Wednesday, September 14, 2011 night should stand as an example to every pregnancy prevention and women’s health. young person throughout this great Nation. He Mr. PETERS. Mr. Speaker, I rise today in Mr. Yates’ commitment to philanthropy can has shown them that they should always set opposition to H.J. Res. 77. This resolution is only be described as inexhaustible and inspi- their goals high and work until they get there, another pointless political gesture put forward rational. He also serves as a member of the and indeed, if you should take some blows, by Republicans in their efforts to fight our board of Independent Sector and is co-chair of just let the record show, you did it your way. President tooth and nail, regardless of the im- I send my very best to Landau, his lovely Voices for Philanthropy, a project of the Phi- pact on American families and our economy. wife, Jennifer, and their family as they begin lanthropy Roundtable. He has previously This resolution has already failed in the this new and exciting journey in their lives. I served as the treasurer of Hispanics in Philan- Senate; it is going nowhere. It is beyond irre- know that Landau remains as humble today thropy, vice-chair of the boards of the Council sponsible to spend time catering to far-right as he was when he first took the stage at the on Foundations and Independent Sector, and Tea Party Members with doomed procedural Logan County Arts and Crafts Fair’s annual chair of the boards of Grantmakers in Health, technicalities while American families face a talent show some years ago. the Foundation Consortium, and Southern jobs crisis. I would like to commend the Logan County California Grantmakers. Early this year, we were seeing hundreds of Chamber of Commerce, the Hatfield and During his time at TCWF, Mr. Yates has re- thousands of jobs created each month and McCoy Convention and Visitors’ Bureau, and ceived many prestigious awards and honors, real economic recovery was taking root. Since Diana Barnette and all the fine folks at and this fall he will be recognized by the Cen- then, Republicans have manufactured one cri- Fountainplace Cinema 8 in Logan for their ter for Community Health and Well-Being, the sis after another. Whether it is threatening to support of our hometown hero. As we always California Primary Care Association and the shut down the government, default on our have in West Virginia, we stand behind and National Hispanic Health Foundation. debt, or cripple the FAA with furloughs, Re- support our own, and the work these organiza- It has been a personal privilege to work with publicans have shown an unbelievable willing- tions and individuals have done is phe- him on a myriad of issues over the years, es- ness to harm our economy so they can score nomenal. Undoubtedly, their efforts were in- pecially women’s health. points with their Tea Party base. strumental in Landau’s victory. Mr. Yates and his wife Ann are the proud Washington gave our country a pointless, Mr. Murphy accepted his victory with the parents of five sons. dangerous debt limit showdown in July, and hugs and ‘‘high fives’’ of his competitors, the Mr. Speaker, it is right to honor Gary L. our nation’s employers responded by creating hallmark of good sportsmanship. Throughout Yates for his tireless dedication to the people zero new jobs in August. We need to move the weeks of competition he often spoke of his of California upon the occasion of his retire- past this divisive, debt limit gamesmanship respect and compassion for, and friendship ment on September 14, 2011, after 19 years and take action to get our economy moving by with, his opponents—a timely lesson for us all. as a leading health philanthropist. passing the American Jobs Act now.

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A15SE8.025 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1648 CONGRESSIONAL RECORD — Extensions of Remarks September 15, 2011 HONORING MAYOR JOHN HAMM III Barker, a charismatic Brooklynite who carries the United States of America’s intelligence sat- the energy to inspire and motivate others. ellites. When the United States needs eyes HON. JERRY F. COSTELLO Ms. Dolores Reid Barker is a native of and ears in critical places where no human OF ILLINOIS Colon, Panama but was raised in the Costa can reach—be it over the most rugged terrain IN THE HOUSE OF REPRESENTATIVES Rican province of La Lola by her maternal or the most hostile territory—we turn to the Thursday, September 15, 2011 grandparents. Ms. Barker received her primary National Reconnaissance Office. and secondary education in Costa Rica before Mr. COSTELLO. Mr. Speaker, I rise today to migrating to the United States to pursue her We are proud to applaud the National Re- ask my colleagues to join me in recognizing quest and rich interest in attaining advanced connaissance Office for recently completing the dedicated community service of Madison, degrees. With dedicated and focused atten- one of the most aggressive launch campaigns Illinois Mayor John Hamm III as he is recog- tion, Ms. Barker obtained her Bachelor of Arts since its inception by launching six complex nized for his lifetime of community service by Degree from Brooklyn College, a Masters De- satellite systems in only seven months. With the Southwestern Illinois Chamber of Com- gree in Special Education from Long Island fewer people and less infrastructure than in merce of Madison County. University, and a second Masters in Edu- years past, this great accomplishment is a tes- As the Executive Director of the Madison cational Administration and Supervision. tament to the diligent National Reconnais- County Housing Authority, John has taken the Through her academic achievements, Ms. sance Office program teams and the essential Authority to a new level of activity, con- Barker developed a relentless focus on the collaborative launch efforts with the United structing hundreds of new residential units and student-teacher relationship as a prerequisite States Air Force and the talented workforce communities in southwestern Madison County. for sustained student success. It was this em- they draw from across the Department of De- He has overseen the redevelopment of numer- phasis that drove Ms. Barker to assume the fense and the Intelligence Community. Wheth- ous homes and properties and created new first of several positions in the academic envi- er creating the latest innovations in satellite housing opportunities for the people of our ronment as a bilingual teacher, eventually be- technology, contracting with the most cost-effi- area. He has helped break ground and rede- coming staff developer/resource specialist and cient industrial supplier, conducting rigorous velop new housing facilities for seniors and assistant principal. It is of most importance to launch schedules, or providing the highest- low to moderate income families, giving many Ms. Barker that she clearly communicates her quality products to our customers, these suc- families a place to call home. vision of high achievement and teacher ac- cessful launches prove the National Recon- Mayor Hamm has been a consistent, active countability in order to build a positive rapport participant in community service for South- naissance Office’s never-ending commitment with the parents of children. Ms. Barker cur- to protect our Nation and its citizens. western Illinois serving as a municipal rep- rently holds the position of principal of one of resentative on the Southwestern Illinois Metro- New York City’s elementary schools, PS 95 As one of the 16 Intelligence Community politan Area Planning Commission and East Queens, where she raised the schools’ eval- agencies, the National Reconnaissance Office West Gateway Council of Governments. uation from mediocrity to high achievement. is a hybrid organization consisting of some Both he and his wife, Carol, have been Within her community Ms. Barker is very ac- 3,000 personnel that is jointly staffed by mem- longstanding community supporters of Madi- tive with her Seventh Day Adventist church bers of the Armed Services, the Central Intel- son’s schools and are active with sports and several organizations. The organizations ligence Agency and Department of Defense ci- groups, booster clubs and many service orga- Ms. Barker works with include the Concerned vilians. Headquartered in Chantilly, Virginia, nizations within the community. Women of Brooklyn Inc., the National Associa- the National Reconnaissance Office launches In his longstanding roles, first as a City tion for the Advancement of Colored People, from Cape Canaveral, FL and Vandenberg Air Council Member in 1987 and then as Mayor of Phi Delta Kappa, The Interfaith Medical Auxil- Force Base, California, while maintaining the City of Madison beginning in 1997, Mayor iary and Assistant Coordinator of the New ground station operations in Virginia, Colo- Hamm has been a champion for his local York State Geography Bee. rado, New Mexico, the United Kingdom, and community. He has undertaken aggressive She has also been the recipient of many steps to rid the community of over 100 derelict Australia. This unique composition and place- awards for her ardent advocacy for teaching, properties and has worked tirelessly to bring in ment of the National Reconnaissance Office learning, and leadership. The latest two were new businesses, such as Abengoa Bio En- workforce allows for launching and operating the Certificate of Excellence which was pre- ergy, Mattingly Lumber and Gateway Inter- the most technically-capable systems to con- sented to her by the Community District Edu- national Raceway. He has been successful in tinued operations of legacy satellites in order cation Council, and Educator of the Week securing both state and federal grants and for the United States to remain the premier which was featured on Univision, Channel 41 funding for a new fire station, parks and walk- space reconnaissance organization in the New York. ing trails and was instrumental in securing the world. A piece of inspiration that motivates Ms. Chain of Rocks Bridge as a tourist destination. Barker is found in Philippians 4:13, ‘‘I can do Together with other Defense Department As a Commissioner of the Tri City Regional all things through Christ who strengthens me.’’ satellites, National Reconnaissance Office sys- Port District since 1997, Mayor Hamm has Mr. Speaker, I would like to recognize Ms. Do- tems play a crucial role in providing: global been an active leader in developing the Port lores Reid Barker for her contribution to the communications, precision navigation, early District, working with my office to help in the education of Brooklyn students and the com- warning of missile launches and potential mili- transfer of the former U.S. Army Charles Mel- munity. tary aggression, signals intelligence, and near vin Price Support Center to the Port in 2000. real-time imagery to United States forces in During the last several years, over $325 mil- f support of the war on terrorism and other con- lion in both public and private investment has COMMEMORATING THE NATIONAL tingency operations. Additionally, National Re- been made at the Port with an annual eco- RECONNAISSANCE OFFICE’S 50TH connaissance Office satellites have played an nomic impact of over $200 million to the re- ANNIVERSARY gional economy. ever increasing role in supporting civil cus- Mr. Speaker, I ask my colleagues to join me tomers, assess crop production, map habitats in an expression of appreciation to Mayor HON. C.W. BILL YOUNG of endangered species, track oil spills, and John Hamm in recognition of his years of OF FLORIDA study wetlands. service as a community leader and to wish IN THE HOUSE OF REPRESENTATIVES Through continued vigilance from above, the him and his family the very best in the future. Thursday, September 15, 2011 National Reconnaissance Office provides f Mr. YOUNG of Florida. Mr. Speaker, I rise America’s policymakers, intelligence analysts, warfighters and homeland security specialists A TRIBUTE TO DOLORES REID to commemorate the 50th Anniversary this BARKER month of the National Reconnaissance Office. the critical information they need to keep The National Reconnaissance Office was se- America safe, secure, and free. For these HON. EDOLPHUS TOWNS cretly created in 1961 in response to the So- many achievements, I join my colleagues in viet launch of Sputnik with the purpose of congratulating the men and women who sup- OF NEW YORK overseeing ‘‘all satellite and overflight recon- port the National Reconnaissance Office on 50 IN THE HOUSE OF REPRESENTATIVES naissance projects whether overt or covert.’’ years of outstanding service to our nation and Thursday, September 15, 2011 This information was Declassified to the public may they continue on this path to reach even Mr. TOWNS. Mr. Speaker, I rise today to in 1992. Today the NRO is in charge of de- greater milestones in space reconnaissance pay tribute and to honor Ms. Dolores Reid signing, building, launching, and maintaining for years to come.

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\K15SE8.017 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS September 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1649 RECOGNIZING CONSTITUTION DAY Lowery at Pace Assembly of God. Charles A TRIBUTE TO SERGEANT DAKOTA and Elizabeth are deeply rooted in Northwest MEYER HON. BRUCE L. BRALEY Florida and are lifetime residents of Pace, OF IOWA Florida. As active members in the local com- HON. BRETT GUTHRIE IN THE HOUSE OF REPRESENTATIVES munity, they were entrepreneurs and owned OF KENTUCKY several businesses in the area. Charles won IN THE HOUSE OF REPRESENTATIVES Thursday, September 15, 2011 the first Pace Pioneer Award from the Pace Thursday, September 15, 2011 Mr. BRALEY of Iowa. Mr. Speaker, I rise Chamber of Commerce and served on the first today to recognize the importance of Constitu- planning board for Santa Rosa County, all with Mr. GUTHRIE. Mr. Speaker, I rise today to tion Day, happening this Saturday, September Elizabeth by his side. honor Sergeant Dakota Meyer, U.S. Marine 17, 2011, celebrating the 224th anniversary of Charles and Elizabeth are parents to three Corps, who has virtuously served the United our Founding Fathers’ signing of the Constitu- children, Greg and twins Kim and Ken; and States and the Commonwealth of Kentucky. tion. Constitution Day gives us an opportunity have two grandchildren, Chloe and Brandon. Today, Sgt. Meyer will receive the Medal of to reflect on the past success of our founders Now retired, Charles and Elizabeth enjoy Honor, the nation’s highest medal for bravery, in the form of the Constitution, the two cen- spending their time with their family, traveling, for his courageous actions while serving as a turies of progress since, and the future prom- and their favorite pastime—fishing on Lake member of the Marine Embedded Training ise of the United States under the guidance of Kissimmee or on the river in Camden, Ala- Team 2–8, Regional Corps Advisory Com- the document given to us in 1787. bama. mand in Kunar Province, Afghanistan in sup- Constitution Day reminds us to review the Mr. Speaker, on behalf of the United States port of Operation Enduring Freedom. whole document and what it means to our Congress, I am proud to recognize Mr. and On Sept. 8, 2009, Meyer’s actions saved country, and shows that support for the Con- Mrs. Sessions on their 50th wedding anniver- the lives of 13 U.S. troops and 23 Afghan sol- stitution requires more than chanting slogans sary. They are truly an outstanding family from diers. Taliban insurgents were dug into the high at a political rally. Calling yourself a ‘‘strict the First District of Florida. My wife Vicki and ground and hidden inside a village, pouring constitutionalist’’ means nothing if you don’t I wish their entire family all the best. down deadly fire at Afghan forces and their bother to read the entire Constitution and fight f American advisers. Armed militants swarmed for everything it includes, not just the portions A TRIBUTE TO DECORAH HIGH the low ground to try to finish off the troops. that fit neatly with your personal political phi- SCHOOL Meyer’s team was pinned down near the vil- losophy. lage. Defying orders to stay put, Meyer set As an Iowan, and a student of the Constitu- himself in the turret of a Humvee and rode tion for more than 30 years, I take pride in re- HON. TOM LATHAM OF IOWA straight into the firefight, taking fire from all di- peating our state’s motto: ‘‘Our Liberties we IN THE HOUSE OF REPRESENTATIVES rections. He went in not once, but five times, prize and our rights we will maintain.’’ Con- Thursday, September 15, 2011 trying to rescue his comrades. stitution Day gives us an opportunity to reflect During about six hours of chaotic fighting, Mr. LATHAM. Mr. Speaker, I rise today to on the document that prizes our personal lib- he killed eight Taliban militants and provided recognize the excellence in education in Iowa, erties and preserves our rights in a system of cover for Afghan and U.S. servicemen to es- and to specifically congratulate Decorah High laws that recognize the individual spirit of cape the ambush. every American, and has made our Nation a School in Decorah, Iowa. The United States We owe our freedom to exceptional sol- shining beacon in the world. The development Secretary of Education Arne Duncan an- diers, like Sgt. Meyer, whose bravery and her- of the Constitution has recognized the rights of nounced today that Decorah High School has oism, and the bravery of those who he fought all men and women, and created a system of made the list of the Nation’s 2011 Blue Ribbon alongside of, will forever be remembered and equality that has helped our Nation move past Schools. appreciated. prejudice and discrimination in some of our The Blue Ribbon Schools Program honors I ask my colleagues to join me today in hon- darkest hours. public and private elementary, middle and high oring Sergeant Dakota Meyer for his steadfast Constitution Day gives us an opportunity to schools that are either academically superior commitment to the U.S. Marine Corps, his fel- reflect on the system of justice for all by cre- or that demonstrate dramatic gains in student low soldiers, his nation and the Common- ating an impartial judiciary and a system of achievement. In the words of Secretary Dun- wealth of Kentucky. law that recognizes the rights of every citizen can, ‘‘National Blue Ribbon Schools are com- f to file a grievance against their government or mitted to accelerating student achievement fellow man. It lets us reflect on the goals of a and preparing students for success in college RECOGNIZING THE ACHIEVEMENTS responsive executive, a representative legisla- and careers. Their success is an example for OF MR. RALPH D. REID ture, and a responsible judiciary working on others to follow.’’ behalf of all citizens to preserve their rights, Decorah High School is among the state’s HON. EMANUEL CLEAVER respect their liberties, and allow for progress. highest performing schools. Decorah High OF MISSOURI It reminds us to all work harder to support the School students scored in the top ten percent IN THE HOUSE OF REPRESENTATIVES in Iowa with at least 40 percent of their stu- progress of the United States. Thursday, September 15, 2011 I ask all my colleagues and constituents to dents from disadvantaged backgrounds im- join me in recognizing Constitution Day and proving their performance on state assess- Mr. CLEAVER. Mr. Speaker, I proudly rise reflecting on the lasting work of the Founding ments or nationally normed tests. Additionally, today in recognition of the achievements of Fathers. the students at Decorah High School aver- Mr. Ralph D. Reid, Vice President of Cor- f aged a full three points higher on their ACT porate Social Responsibility (CSR) for Sprint scores than the national average. Nextel. In Ralph’s role, he has responsibility RECOGNITION OF THE 50TH WED- Decorah High School’s principal Kim for Community Affairs, Employee Engagement DING ANNIVERSARY OF Sheppard and one additional teacher will be and Volunteerism, CSR strategy and oper- CHARLES AND ELIZABETH SES- invited to Washington, DC for the awards ations, and Corporate Diversity and Inclusion. SIONS OF PACE, FLORIDA ceremony, to take place on November 14th He also directs Sprint’s philanthropic activities and 15th. At this ceremony, Decorah High as President of the Sprint Foundation and HON. JEFF MILLER School will receive a Blue Ribbon Schools works diligently for the residents of the Fifth OF FLORIDA plaque and a flag to signify its elite edu- District of Missouri, which I am honored to IN THE HOUSE OF REPRESENTATIVES cational status. represent. This week, Mr. Reid is to be in- I consider it a great honor to represent ducted into the Missouri Walk of Fame during Thursday, September 15, 2011 Decorah High School Principal Kim Sheppard, a reception as part of the Congressional Black Mr. MILLER of Florida. Mr. Speaker, on be- the teachers, students, school board members Caucus Foundation’s Annual Legislative Con- half of the United States Congress, it is an and administrators of the Decorah Community ference, an event held to honor the achieve- honor for me to rise today to recognize School District in the United States Congress. ments of African-Americans who have made Charles and Elizabeth Sessions on the occa- I wish Decorah High School continued aca- significant contributions to Missouri and the sion of their 50th wedding anniversary. demic excellence as they provide a positive nation. Charles and Elizabeth Sessions were mar- impact on future leaders of our state and Ralph graduated from Oakwood College in ried on September 15, 1961 by Reverend Bo country. Huntsville, Alabama with a Bachelor of

VerDate Mar 15 2010 05:00 Sep 16, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K15SE8.020 E15SEPT1 pwalker on DSK5TPTVN1PROD with REMARKS E1650 CONGRESSIONAL RECORD — Extensions of Remarks September 15, 2011 Science in Business Administration and Ac- spring engineered to eliminate accidental nee- PERSONAL EXPLANATION counting. He received his Law Degree from dle-sticks and provide great dosing accuracy. the University of Missouri—Kansas City. Ralph The facility is the largest manufacturer of dis- HON. RANDY NEUGEBAUER is currently President—Board of Directors of posable syringes in the world, producing ap- OF TEXAS the Kansas City Downtown Minority Develop- proximately two billion syringes annually. IN THE HOUSE OF REPRESENTATIVES ment Corporation, and the Vice President— Further, BD has been a great example of Board of Directors of the Kansas City United corporate social responsibility in Connecticut. Thursday, September 15, 2011 Community Action Agency. He has served on The company served as the corporate sponsor Mr. NEUGEBAUER. Mr. Speaker, due to an multiple boards, including the Greater Kansas for Juvenile Diabetes Research Foundation in unforeseen delay earlier this week, I was un- City Chamber of Commerce, the United Way order to raise money in Northwest Connecticut able to vote on the following bills: H.R. 2076, of Greater Kansas City, the Salvation Army, for diabetes research. BD has donated gener- H.R. 2633, and H.R. 1059 that were rollcall the Greater Kansas City Urban League, Boys ously to The United Way, and also mentors vote numbers 699–701. Had I been present, I and Girls Club of Greater Kansas City, the students from Housatonic Valley Regional would have voted the following way: rollcall Kansas City Repertory Theater, Oakwood Col- High School. In 2007, BD was named to No. 699, H.R. 2076, Investigative Assistance lege, Park University, and the Shawnee Mis- Ethisphere Magazine’s inaugural list of most for Violent Crimes Act of 2011, ‘‘yea’’; rollcall sion Medical Center. He serves with me as a ethical companies, and has since placed on No. 700, H.R. 2633, Appeal Time Clarification Trustee of the National World War I Museum the list every year. Act, ‘‘yea’’; rollcall No. 701, H.R. 1059, To pro- Board. Mr. Reid was recognized by Savoy In reflection of the 50th anniversary of BD in tect the safety of judges by extending the au- Magazine as one of the 100 Most Influential Canaan, CT, I ask my colleagues to join me thority of the Judicial Conference to redact African Americans in Corporate America for in recognizing and honoring a company that sensitive information contained in their finan- 2010. has truly transformed the medical technology cial disclosure reports, and for other purposes, For those reasons and more, it is indeed an industry. ‘‘yea.’’ honor and privilege to recognize Mr. Reid’s f f contributions to the State of Missouri and induct Mr. Ralph Reid into the Missouri Walk of HONORING YOUTH WHO REP- TRIBUTE TO USA NATIONAL TEAM Fame at its annual reception, hosted by my- RESENT JUNIOR ACHIEVEMENT AT THE 2011 RUGBY WORLD CUP self and fellow Missourian, U.S. Representa- OF SOUTH FLORIDA tive WILLIAM LACY CLAY of St. Louis. HON. JAMES E. CLYBURN Mr. Speaker, please join me in expressing HON. THEODORE E. DEUTCH OF SOUTH CAROLINA our appreciation to Mr. Ralph D. Reid and OF FLORIDA IN THE HOUSE OF REPRESENTATIVES commending him on his induction into the Mis- IN THE HOUSE OF REPRESENTATIVES Thursday, September 15, 2011 souri Walk of Fame. Further, the entire State Thursday, September 15, 2011 of Missouri is better because of his endless Mr. CLYBURN. Mr. Speaker, I rise today to commitment to serving the residents of the Mr. DEUTCH. Mr. Speaker, I rise today in recognize the United States national rugby State of Missouri and the Greater Kansas City honor of the outstanding youth who represent team, the Eagles, on their victory over Russia Metropolitan Area. He is a true role model, not Junior Achievement of South Florida, and their in the wee hours of this morning during the just to the African-American community in Mis- effort to foster an understanding of the United 2011 Rugby World Cup competition in New souri, but to the entire nation. May his success States Constitution in our community. Zealand. Although rugby may not be as pop- serve as a stepping stone for Kansas Citians Junior Achievement is a non-profit organiza- ular in the United States as many of our other in general and African Americans in particular tion that provides thousands of students sports, the Rugby World Cup is now estab- who are eager to become as successful in across the world with a series of business, ec- lished as the third biggest sporting event in their chosen profession and community activ- onomics, free-enterprise, and life-skills pro- the world behind the Olympic Games and ism. grams. In South Florida, the young people of FIFA World Cup for soccer. Junior Achievement are truly shining through The Eagles played their first match against f their work to bring the Spirit of Freedom Expe- Ireland on September 11 and lost to the much 50TH ANNIVERSARY OF BECTON, rience to the Junior Achievement World higher ranked team 22–10, after starting the DICKINSON AND COMPANY Huizenga Center at Broward College. Envi- day with a church service to commemorate sioned by President Ronald Reagan, the Spirit the victims of the 9/11 attacks on the United HON. CHRISTOPHER S. MURPHY of Freedom Experience aims to boost rev- States. I know this event held particular mean- OF CONNECTICUT erence for the founding principles of our nation ing for the members of the team from the Mid- IN THE HOUSE OF REPRESENTATIVES by presenting bronze plaque replicas of the Atlantic (MARFU) and Northeastern Rugby U.S. Constitution and the Bill of Rights to com- Union (NRU). Today’s 13–6 win over Russia Thursday, September 15, 2011 munities across America. The efforts of these marks an important victory for the Eagles in Mr. MURPHY of Connecticut. Mr. Speaker, Floridians will culminate during this year’s their pool play at the tournament. I wish them I rise today to recognize the 50th anniversary Constitution Week as five plaques, rep- the best of luck in their upcoming matches of Becton, Dickinson and Company (BD) in resenting our nation’s founding documents, against Australia on September 23 and Italy Canaan, CT. BD is an example of an innova- will be unveiled to the South Florida commu- just four days later. tive corporation who provides hard working nity. My best wishes go to the host nation of Americans with high quality manufacturing Among those present to recognize the work New Zealand as they organize this event on jobs. Starting with only 8 associates in 1961 in of Junior Achievement and to commemorate the world stage for the second time in its 24 a 25,000 square foot facility, BD’s footprint in the unveiling of these historical documents is year history. At the inaugural Rugby World Canaan has expanded 8 times and now em- Captain Scott F. O’Grady, an American whose Cup in New Zealand in 1987 it is estimated ploys over 350 people, making it the largest career in the military epitomizes the spirit of 600,000 fans attended matches with 300 mil- employer in the community. public service. In a story of great persever- lion people tuning in on television from 17 BD has been a world leader in medical ance, Captain O’Grady survived in hostile ter- countries. The last World Cup in 2007, held in technologies throughout the company’s his- ritory for six days after his aircraft was struck France, Scotland and Wales, saw 2.25 million tory. In 1925, BD patented the Yale Luer-Lok down by a Soviet missile during a NATO mis- fans filling the parks and 4 billion watching syringe, which provides a simple and secure sion in Bosnia. All those present for the Spirit televised coverage from 200 nations. This way to lock a needle onto a syringe. To this of Freedom experience will undoubtedly be in- year the numbers are expected to be even day, the Luer-Lok connector is still the stand- spired by Captain O’Grady’s courage and higher as the sport is growing in many coun- ard for syringes in the United States. commitment to country. tries, like ours, where it is the largest growing Continuing to revolutionize the medical in- Junior Achievement’s efforts to prepare team sport on college and high school cam- dustry, BD created the world’s first disposable young people to succeed as individuals and puses across the nation. I wish New Zealand plastic syringe, the BD Plastipak, which was as citizens are truly commendable. It is an the best of luck and commend them for wel- exclusively manufactured at the Canaan facil- honor to recognize a group of young Ameri- coming the millions of visitors to their shores ity. The Canaan manufacturing facility in 2002 cans who have already accomplished so much for this spirited competition despite the dev- became the first site to manufacture BD’s on behalf of our community by bringing the astating earthquakes suffered in Christchurch newest syringe, the BD Integra, which is Spirit of Freedom Experience to South Florida. earlier this year.

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Having enjoyed the ex- Mr. Gates has received many more accolades leagues join me in congratulating the mem- perience of watching space shuttle landings too numerous to mention. bers of the U.S. national rugby team and wish- firsthand, I am honored to recognize Dryden Ollie Gates has been recognized in the form ing them continued success at the 2011 on its 30 years of operations now and for all of music by Professor Bobby Watson, director Rugby World Cup. its contributions to the Space Shuttle Program. of the University of Missouri, Kansas City Con- 2011 Rugby World Cup USA Squad: Inaki f servatory of Music in the jazz ensemble work, Basauri; Chris Biller; Todd Clever; Patrick The Gates BBQ Suite. This is a seven-part Danahy; Paul Emerick; Tai Enosa; Eric Fry; JJ RECOGNIZING THE ACHIEVEMENTS rendition which has been put on CD. There is Gagiano; Colin Hawley; Nic Johnson; Scott OF MR. OLLIE W. GATES also a CD recorded by Kansas City rapper, LaValla; Mike MacDonald; Nese Malifa; Tech N9ne entitled The Gates Mixed Plate. Matekitonga Moeakiola; Brian McClenahan; HON. EMANUEL CLEAVER Mr. Gates was this year’s ‘‘hero’’ to elemen- Takudzwa Ngwenya; James Paterson; Mike OF MISSOURI tary students at the Gladstone Elementary Petri; Shawn Pittman; Blaine Scully; Junior IN THE HOUSE OF REPRESENTATIVES School in Kansas City. The kids sang a song Sifa; Hayden Smith; Louis Stanfill; Andrew Thursday, September 15, 2011 to him entitled ‘‘Hi, May I Help You!’’ which Suniula; Roland Suniula; Kevin Swiryn; Phillip was a spin-off of the saying that employees of Thiel; Tim Usasz; John van der Giessen; Chris Mr. CLEAVER. Mr. Speaker, I proudly rise Gates Bar-B-Q say to everyone who comes Wyles. today in recognition of the achievements of into their restaurants to order food. Mr. Ollie W. Gates, a businessman, humani- f For those reasons and more, it is indeed an tarian, community developer, and a resident of honor and privilege to induct Mr. Ollie W. OUR UNCONSCIONABLE NATIONAL the Fifth District of Missouri, which I am hon- Gates into the Missouri Walk of Fame at its DEBT ored to represent. Mr. Gates is President of annual reception, hosted by myself and fellow Gates Bar-B-Q, and is recognized as one of Missourian, U.S. Representative WILLIAM LACY the purveyors of the best barbecue in the Na- HON. MIKE COFFMAN CLAY of St. Louis. tion, if not the world. His sauces and OF COLORADO Mr. Speaker, please join me in expressing seasonings are shipped around the world and IN THE HOUSE OF REPRESENTATIVES our appreciation to Mr. Ollie W. Gates and aphis famous greeting, ‘‘Hi, May I Help You?’’ is plaud his endless commitment to serving the Thursday, September 15, 2011 also known world-wide. Some Presidents of residents of the State of Missouri and the Mr. COFFMAN of Colorado. Mr. Speaker, the United States have either stopped at his Greater Kansas City Metropolitan Area. He is today our national debt is local establishments or had his barbecue a true role model, not just to the African-Amer- $14,683,910,471,705.99. products shipped to the White House. This ican community in Missouri, but to the entire On January 6, 2009 the start of the 111th week, Mr. Gates is to be inducted into the community nationally. We are certain that his Congress, the national debt was Missouri Walk of Fame during a reception as success as an entrepreneur and his use of his $10,638,425,746,293.80. part of the Congressional Black Caucus Foun- considerable gifts in rebuilding 12th Street, This means the national debt has increased dation’s Annual Legislative Conference, an east of Troost, and the entire area around by $4,045,484,725,412.19 since then. This event held to honor the achievements of Afri- 47th Street from the Paseo to Troost Avenue debt and its interest payments we are passing can-Americans who have made significant will serve as a stepping stone or road map for to our children and all future Americans. contributions to Missouri and the Nation. many other African-Americans eager to be- f After receiving a football scholarship from come as successful in their own undertakings Maryland State College (now the University of as Ollie W. Gates has exemplified. TRIBUTE TO NASA DRYDEN Maryland, Eastern Shore) and excelling there f FLIGHT RESEARCH CENTER for two years, Mr. Gates moved closer to home to help in the family business, grad- A TRIBUTE IN HONOR OF STAN- HON. KEVIN McCARTHY uating from Lincoln University in Jefferson LEY N. COHEN, M.D. ON THE OC- OF CALIFORNIA City, Missouri with a Bachelor of Science in CASION OF RECEIVING THE IN THE HOUSE OF REPRESENTATIVES Engineering. Upon completion of his studies, DEAN’S MEDAL AT THE STAN- he joined the U. S. Army. He was a 1st Lieu- FORD UNIVERSITY SCHOOL OF Thursday, September 15, 2011 tenant at the conclusion of active duty service, MEDICINE Mr. MCCARTHY of California, Mr. Speaker, and thereafter served in the Army Reserves in I rise today to recognize the Dryden Flight Re- Kansas City, Missouri. HON. ANNA G. ESHOO search Center as it commemorates 30 years Mr. Gates’ list of achievements read like a OF CALIFORNIA of space shuttle operations. Located at Who’s Who in business, volunteerism, and IN THE HOUSE OF REPRESENTATIVES Edwards Air Force Base in California, Dryden philanthropy. He served on the Kansas City is NASA’s primary center for atmospheric flight Board of Parks and Recreation for 18 years, Thursday, September 15, 2011 research and operations and has been a vital many of those as President. He was the Ms. ESHOO. Mr. Speaker, I rise today to component of the Space Shuttle Program. spearhead of the Black Veterans Memorial in honor Stanley N. Cohen, M.D., who was Located in the western Mojave Desert, Kansas City to honor a group of soldiers awarded the Dean’s Medal on Saturday, Sep- Edwards Air Force Base has been the site of never-before-memorialized in Kansas City and tember 10, 2011, by Dean Philip Pizzo of the 54 shuttle mission landings since 1981. Addi- he is in the process of renovating a building to Stanford University School of Medicine. He tionally, as a result of the important work done honor his friend Buck O’Neil, a manager with noted in his comments at the event that it was by the Dryden professionals, the skies over the Kansas City Monarchs baseball team in a particular honor to be honored by his col- Dryden have been the site of major advance- the Negro Leagues, and a coach with the Chi- leagues and by Stanford. Dr. Cohen was de- ments in the design, capability, and safety of cago Cubs in the Major Leagues. He has scribed in the event program as follows: many state-of-the-art civilian and military air- served on numerous civic boards including the Stanley N. Cohen, M.D., is a magna cum craft. Missouri Highway and Transportation Commis- laude graduate of Rutgers University. He re- Tirelessly committed to its mission of ad- sion, Bruce R. Watkins Foundation Inc., US ceived his M.D. from the University of Penn- vancing technology and science through flight, Bank Corporation, Negro Leagues Museum, sylvania School of Medicine in 1960. Following Dryden’s projects have been critical in carrying Spirit of Freedom Foundation Inc., City of subsequent training at the National Institutes out NASA’s missions of space exploration, Fountains, and the Enshriners to name a few. of Health, he joined the Stanford faculty in space operations, scientific discovery, and Mr. Gates has also been recognized for many 1968. aeronautical research and development. Some civic honors such as Restaurateur of the Year Dr. Cohen is the Kwoh-Ting Li Professor in of these critical projects include managing the Award by the Greater Kansas City Restaurant the School of Medicine, Professor and former Stratospheric Observatory for Infrared Astron- Association, Citizen of the Year Award by the Chair of Genetics, and Professor of Medicine omy (SOFIA) program, serving as the primary Chamber of Commerce of Greater Kansas at Stanford. He and his colleague, Herbert W.

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HIGHLIGHTS Senate passed H.J. Res. 66, Burmese Freedom and Democracy Act, as amended. Senate passed H.R. 2887, Surface and Air Transportation Programs Ex- tension Act. Senate Rejected: Chamber Action By 54 yeas to 45 nays (Vote No. 133), Coburn Routine Proceedings, pages S5637–S5698 Amendment No. 610 (to Amendment No. 602), to Measures Introduced: Thirteen bills and three reso- save at least $7,000,000,000 by consolidating some lutions were introduced, as follows: S. 1561–1573, duplicative and overlapping Government programs. and S. Res. 268–270. Page S5684 (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve Measures Reported: 60 affirmative votes, the amendment was not agreed H.R. 2219, making appropriations for the Depart- to.) Pages S5654–55, S5662 ment of Defense for the fiscal year ending September By 20 yeas to 78 nays (Vote No. 134), Paul 30, 2012, with an amendment in the nature of a Amendment No. 613 (to Amendment No. 602), to substitute. (S. Rept. No. 112–77) offset the disaster relief appropriations by rescinding S. 1572, making appropriations for Departments amounts for foreign assistance programs. (A unani- of Commerce and Justice, and Science, and Related mous-consent agreement was reached providing that Agencies for the fiscal year ending September 30, the amendment, having failed to achieve 60 affirma- 2012. (S. Rept. No. 112–78) tive votes, the amendment was not agreed to.) S. 1573, making appropriations for financial serv- Pages S5655–56, S5661–63 ices and general government for the fiscal year end- Withdrawn: ing September 30, 2010. (S. Rept. No. 112–79) Reid Motion to commit the joint resolution to the H.R. 2551, making appropriations for the Legisla- Committee on Finance with instructions, Reid tive Branch for the fiscal year ending September 30, Amendment No. 607, to change the enactment date. 2012, with an amendment in the nature of a sub- Page S5653, S5654 stitute. (S. Rept. No. 112–80) Pages S5683–84 Reid Amendment No. 603 (to Amendment No. Measures Passed: 602), to change the enactment date. Burmese Freedom and Democracy Act: Senate Page S5653, S5654 passed H.J. Res. 66, approving the renewal of im- Reid Amendment No. 604 (to Amendment No. port restrictions contained in the Burmese Freedom 603), of a perfecting nature. Page S5653, S5654 and Democracy Act of 2003, after taking action on Reid Amendment No. 605 (to the language pro- the following amendments proposed thereto: posed to be stricken by Amendment No. 602), of a Pages S5653–66 perfecting nature. Page S5653, S5654 Adopted: Reid Amendment No. 606 (to Amendment No. By 62 yeas to 37 nays (Vote No. 135) Reid 605), of a perfecting nature. Page S5653, S5654 Amendment No. 602, to provide additional appro- During consideration of this measure today, Senate priations for disaster relief in fiscal years 2011 and also took the following action: 2012. (A unanimous-consent agreement was reached Reid Amendment No. 608 (to (the instructions) providing that the amendment, having achieved 60 Amendment No. 607), of a perfecting nature, fell affirmative votes, be agreed to). Pages S5653, S5664–65 when Reid Motion to commit the joint resolution to D971

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the Committee on Finance with instructions, Reid als of Iceland have conducted whaling activities that Amendment No. 607, (listed above), was withdrawn. diminish the effectiveness of the International Whal- Pages S5653, S5654 ing Commission (IWC) conservation program; which Reid Amendment No. 609 (to Amendment No. was referred to the Committee on Commerce, 608), of a perfecting nature, fell when Reid Amend- Science, and Transportation. (PM–21) Page S5682 ment No. 608 (to (the instructions) Amendment No. Nomination Confirmed: Senate confirmed the fol- 607), (listed above), fell. Pages S5653, S5654 Subsequently, the motion to invoke cloture on lowing nomination: Reid Amendment No. 602 (listed above), was ren- Wendy Ruth Sherman, of Maryland, to be an dered moot. Under Secretary of State (Political Affairs). A unanimous-consent agreement was reached pro- Pages S5692, S5698 viding that the motion to invoke cloture on the Nominations Received: Senate received the fol- joint resolution, be withdrawn. Page S5654 lowing nominations: Surface and Air Transportation Programs Ex- Ronald Lee Buch, of Virginia, to be a Judge of tension Act: By 92 yeas to 6 nays (Vote No. 138), the United States Tax Court for a term of fifteen Senate passed H.R. 2887, to provide an extension of years. surface and air transportation programs, after taking Alastair M. Fitzpayne, of Maryland, to be a Dep- action on the following amendments proposed there- uty Under Secretary of the Treasury. to: Pages S5666–69 Brad Carson, of Oklahoma, to be General Counsel Rejected: of the Department of the Army. By 14 yeas to 84 nays (Vote No. 136), Paul Kevin A. Ohlson, of Virginia, to be a Judge of Amendment No. 621, to limit the amount author- the United States Court of Appeals for the Armed ized to be expended from the Highway Trust Fund Forces for the term of fifteen years to expire on the in any fiscal year to the amount anticipated to be date prescribed by law. deposited into the Highway Trust Fund in that fiscal year. (A unanimous-consent agreement was 6 Coast Guard nominations in the rank of admi- reached providing that the amendment, having failed ral. to achieve 60 affirmative votes, the amendment was Routine lists in the Army, and Foreign Service. not agreed to.) Pages S5666–68 Pages S5697–98 By 36 yeas to 61 nays (Vote No. 137), Paul Messages From the House: Page S5682 Amendment No. 622, to decrease the authorizations Measures Referred: Page S5682 of appropriations for the Federal Aviation Adminis- tration to fiscal year 2008 levels. (A unanimous-con- Measures Placed on the Calendar: Page S5682 sent agreement was reached providing that the Measures Read the First Time: Pages S5683, S5693 amendment, having failed to achieve 60 affirmative votes, the amendment was not agreed to.) Executive Communications: Page S5683 Pages S5666–68 Executive Reports of Committees: Page S5684 Honoring Late Former Senator Malcolm Wallop: Additional Cosponsors: Pages S5684–86 Senate agreed to S. Res. 268, relative to the death Statements on Introduced Bills/Resolutions: of the Honorable Malcolm Wallop, former Senator Pages S5686–89 for the State of Wyoming. Pages S5669–73 Additional Statements: Pages S5680–81 National Historically Black Colleges and Uni- versities Week: Senate agreed to S. Res. 269, desig- Amendments Submitted: Pages S5689–92 nating the week beginning September 19, 2011, as Authorities for Committees To Meet: Page S5692 ‘‘National Historically Black Colleges and Univer- Record Votes: Six record votes were taken today. sities Week’’. Page S5693 (Total—138) Pages S5662, S5663, S5665, S5668–69 Message From the President: Senate received the Adjournment: Senate convened at 9:30 a.m. and following message from the President of the United States: adjourned at 8:07 p.m., until 10 a.m. on Friday, Transmitting, pursuant to law, the President’s re- September 16, 2011. (For Senate’s program, see the port to Congress relative to the Secretary of Com- remarks of the Acting Majority Leader in today’s merce’s certification under section 8 of the Fisher- Record on page S5693.) man’s Protective Act of 1967, as amended (the ‘‘Pelly Amendment’’) (22 U.S.C. 1978) that nation-

VerDate Mar 15 2010 23:54 May 31, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D15SE1.REC D15SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 15, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D973 DEPARTMENT OF DEFENSE FINANCIAL Committee Meetings ACCOUNTABILITY (Committees not listed did not meet) Committee on Homeland Security and Governmental Af- fairs: Subcommittee on Federal Financial Manage- BUSINESS MEETING ment, Government Information, Federal Services, and International Security concluded a hearing to ex- Committee on Appropriations: Committee ordered favor- amine improving financial accountability at the De- ably reported the following business items: partment of Defense, focusing on ongoing challenges H.R. 2219, making appropriations for the Depart- in implementing the financial improvement and ment of Defense for the fiscal year ending September audit readiness plan, after receiving testimony from 30, 2012, with an amendment in the nature of a Robert F. Hale, Under Secretary, and Comptroller, substitute; Elizabeth A. McGrath, Deputy Chief Management An original bill (S. 1572) making appropriations Officer, Gladys J. Commons, Assistant Secretary of for Departments of Commerce, Justice, Science, and the Navy for Financial Management, and Comp- Related Agencies for the fiscal year ending Sep- troller, Mary Sally Matiella, Assistant Secretary of tember 30, 2012; the Army for Financial Management, and Comp- An original bill (S. 1573) making appropriations troller, and Jamie M. Morin, Assistant Secretary of for Financial Services and General Government for the Air Force for Financial Management, and Comp- the fiscal year ending September 30, 2012; troller, all of the Department of Defense; and Asif An original bill (H.R. 2551) making appropria- A. Khan, Director, Financial Management and As- tions for the Legislative Branch for the fiscal year surance, Government Accountability Office. ending September 30, 2012. EMPLOYMENT FOR PEOPLE WITH ECONOMIC POLICY SIGNIFICANT DISABILITIES Committee on the Budget: Committee concluded a hear- Committee on Health, Education, Labor, and Pensions: ing to examine policy prescriptions for the economy, Committee concluded a hearing to examine the fu- after receiving testimony from Mark Zandi, Moody’s ture of employment for people with the most signifi- Analytics, West Chester, Pennsylvania; and Chad cant disabilities, after receiving testimony from Katy Stone, Center on Budget and Policy Priorities, and Beh Neas, Easter Seals Office of Public Affairs, and Kevin A. Hassett, American Enterprise Institute, Jonathan Young, National Council on Disability, both of Washington, D.C. both of Washington, D.C.; Fredric Schroeder, San Diego State University Interwork Institute, San NOMINATIONS Diego, California; Ruby Moore, Georgia Advocacy Committee on Energy and Natural Resources: Committee Office, Decatur; Janet Samuelson, ServiceSource, Al- concluded a hearing to examine the nominations of exandria, Virginia; Michael Pearson, Union Pack- Gregory Howard Woods, of New York, to be Gen- aging, LLC, Yeadon, Pennsylvania; Julie Petty, Fay- eral Counsel, David T. Danielson, of California, to etteville, Arkansas; and Deb Pumphrey, Ottumwa, be Assistant Secretary for Energy Efficiency and Re- Iowa. newable Energy, and LaDoris Guess Harris, of Geor- TRIBAL TRANSPORTATION gia, to be Director of the Office of Minority Eco- Committee on Indian Affairs: Committee concluded a nomic Impact, all of the Department of Energy, after hearing to examine tribal transportation, focusing on the nominees testified and answered questions in paving the way for jobs, infrastructure, and safety in their own behalf. native communities, after receiving testimony from John R. Baxter, Associate Administrator for Federal TAX REFORM OPTIONS Lands, Federal Highway Administration, and Robert Committee on Finance: Committee concluded a hearing Sparrow, Indian Reservation Roads Program Man- to examine tax reform options, focusing on pro- ager, Office of Federal Lands Highways, both of the moting retirement security, after receiving testimony Department of Transportation; Paul Tsosie, Chief of from Jack VanDerhei, Employee Benefit Research Staff, Office of the Assistant Secretary, and Leroy Institute, William G. Gale, Brookings Institution Gishi, Chief, Division of Transportation, both of the Urban-Brookings Tax Policy Center, and Karen Bureau of Indian Affairs, Department of the Interior; Friedman, Pension Rights Center, all of Wash- Jefferson Keel, National Congress of American Indi- ington, D.C.; and Judy A. Miller, American Society ans, Washington, D.C.; C. John Healy Sr., Inter- of Pension Professionals and Actuaries, Arlington, tribal Transportation Association, Harlem, Montana; Virginia. Charles W. Murphy, and Pete Red Tomahawk, both

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of the Standing Rock Sioux Tribe, Fort Yates, North Katrina and Rita, after receiving testimony from Al- Dakota; Wes Martel, and John P. Smith, both of the bert B. Sligh, Jr., Associate Administrator, Mission Eastern Shoshone Business Council, Fort Washakie, Support Bureau, Federal Emergency Management Wyoming; Paulson Chaco, Navajo Nation Division Agency, Department of Homeland Security; Briga- of Transportation, Window Rock, Arizona; and dier General Theodore C. Harrison, Director, Na- Jacque Hostler, Cher-Ae Heights Indian Community tional Contracting Organization, U.S. Army Corps of of the Trinidad Rancheria, Trinidad, California. Engineers, Department of the Army, Department of BUSINESS MEETING Defense; William T. Woods, Director, Acquisition and Sourcing Management, Government Account- Committee on the Judiciary: Committee ordered favor- ability Office; Dale P. Rentrop, Jr., Tiger Tugz, ably reported the nominations of Edgardo Ramos, of LLC, Berwick, Louisiana; Mindy Nunez Airhart, Connecticut, Andrew L. Carter, Jr., and Jesse M. Southern Services and Equipment, Inc., St. Bernard, Furman, all to be a United States District Judge for Louisiana; and Terri Bennett, Missouri Southern the Southern District of New York, and James Rod- State University Heartland Procurement Technical ney Gilstrap, to be United States District Judge for Assistance Center, and Sid F. Davis, Big John’s the Eastern District of Texas. Heavy Equipment, both of Joplin, Missouri. DISASTER RECOVERY Committee on Small Business and Entrepreneurship: Com- INTELLIGENCE mittee concluded a hearing to examine disaster re- Select Committee on Intelligence: Committee held closed covery, focusing on evaluating the role of America’s hearings on intelligence matters, receiving testimony small business in rebuilding their communities, and from officials of the intelligence community. Federal contracting in the aftermath of Hurricanes Committee recessed subject to the call. h House of Representatives Chaplain: The prayer was offered by the guest chap- Chamber Action lain, Most Reverend Thomas John Paprocki, Bishop Public Bills and Resolutions Introduced: 30 pub- of Springfield, Illinois. Page H6185 lic bills, H.R. 2935–2964; and 4 resolutions, H. Oath of Office—Second Congressional District of Con. Res. 80; and H. Res. 400–402, were intro- Nevada: Representative-elect Mark Amodei pre- duced. Pages H6230–32 sented himself in the well of the House and was ad- Additional Cosponsors: Pages H6233–34 ministered the Oath of Office by the Speaker. Ear- Reports Filed: Reports were filed today as follows: lier, the Clerk of the House transmitted a facsimile H. Res. 399, providing for consideration of the copy of a letter from Mr. Scott Gilles, Deputy Sec- joint resolution (H.J. Res. 79) making continuing retary of Elections, on behalf of Nevada Secretary of appropriations for fiscal year 2012, and for other State, the Honorable Ross Miller, indicating that, ac- purposes (H. Rept. 112–207); cording to the unofficial returns of the Special Elec- H.R. 2401, to require analyses of the cumulative tion held September 13, 2011, the Honorable Mark and incremental impacts of certain rules and actions E. Amodei was elected Representative to Congress of the Environmental Protection Agency, and for for the Second Congressional District, State of Ne- other purposes, with an amendment (H. Rept. vada. Pages H6195–96 112–208); and Oath of Office—Ninth Congressional District of H.R. 2646, to authorize certain Department of New York: Representative-elect Bob Turner pre- Veterans Affairs major medical facility projects and sented himself in the well of the House and was ad- leases, to extend certain expiring provisions of law, ministered the Oath of Office by the Speaker. Ear- and to modify certain authorities of the Secretary of lier, the Clerk of the House transmitted a facsimile Veterans Affairs, and for other purposes, with an copy of a letter from Mr. Robert Brehm and Mr. amendment (H. Rept. 112–209). Page H6230 Todd Valentine, Co-Executive Directors of the Board Speaker: Read a letter from the Speaker wherein he of Elections, State of New York, indicating that, ac- appointed Representative Poe to act as Speaker pro cording to the unofficial returns of the Special Elec- tempore for today. Page H6185 tion held September 13, 2011, the Honorable Bob

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SAVING JOBS FROM PPACA’S HARMFUL 2606, the ‘‘New York City Natural Gas Supply En- REGULATIONS hancement Act’’; and H.R. 2687, the ‘‘Fort Pulaski Committee on Energy and Commerce: Subcommittee on National Monument Lease Authorization Act.’’ Tes- Health held a hearing entitled ‘‘Cutting the Red timony was heard from Rep. Dicks; Rep. Rigell; Tape: Saving Jobs from PPACA’s Harmful Regula- Rep. Pingree of Maine; Rep. Grimm; Rep. King- tions.’’ Testimony was heard from Steve Larsen, Di- ston; Herbert C. Frost, Associate Director, Natural rector, Center for Consumer Information and Insur- Resource Stewardship and Science, National Park ance Oversight, Centers for Medicare and Medicaid Service, Department of the Interior; Cas Holloway, Services, Department of Health and Human Services; Deputy New York City Mayor, New York City, and public witnesses. New York; Maryann J. Minard, Director of Cur- riculum, York School Department; Wanda Thorn- LEGISLATIVE PROPOSALS TO IMPROVE ton, Member, Accomack County Board of Super- AND ENHANCE THE SECURITIES AND visors; and public witnesses. EXCHANGE COMMISSION CONNECTING INVESTORS AND JOB Committee on Financial Services: Full Committee held CREATORS a hearing entitled ‘‘Fixing the Watchdog: Legislative Proposals to Improve and Enhance the Securities and Committee on Oversight and Government Reform: Sub- Exchange Commission.’’ Testimony was heard from committee on TARP, Financial Services, and Bail- Mary Schapiro, Chairman, Securities and Exchange outs of the Public and Private Programs held a hear- Commission; and public witnesses. ing entitled ‘‘Crowdfunding: Connecting Investors and Job Creators.’’ Testimony was heard from Mere- MISCELLANEOUS MEASURES dith B. Cross, Director, Division of Corporation Fi- Committee on the Judiciary: Full Committee began nance, Securities and Exchange Commission; and markup of the following: H.R. 2885, the ‘‘Legal public witnesses. Workforce Act’’; and H.R. 2847, the ‘‘American DEFENSE DEPARTMENT CONTRACTING IN Specialty Agriculture Act.’’ The Committee ad- AFGHANISTAN journed for the week and will resume next week. Committee on Oversight and Government Reform: Sub- LEGISLATIVE MEASURES committee on National Security, Homeland Defense, Committee on Natural Resources: Subcommittee on En- and Foreign Operations held a hearing entitled ‘‘De- ergy and Mineral Resources held a hearing on legis- fense Department Contracting in Afghanistan: Are lation to establish in the Department of the Interior We Doing Enough To Combat Corruption?’’ Testi- an Under Secretary for Energy, Lands, and Minerals mony was heard from Gary J. Motsek, Deputy As- and a Bureau of Ocean Energy, an Ocean Energy sistant Secretary of Defense for Program Support, Of- Safety Service, and an Office of Natural Resources fice of the Assistant Secretary of Defense (Logistics Revenue, and for other purposes. Testimony was and Material Readiness), Office of the Under Sec- heard from Michael Bromwich, Director, BOEMRE; retary of Defense (Acquisition, Technology and Lo- Donald Boesch, President, Univ. of MD Center for gistics), Department of Defense; Kim Denver, Dep- Environmental Science, and Commissioner, National uty Assistant Secretary of the Army for Procurement, Commission on the BP Deepwater Horizon Oil Spill Department of Defense; and Brigadier General Ste- and Offshore Drilling; and public witnesses. phen Townsend, USA, Director, Joint Staff Pakistan LEGISLATIVE MEASURES Afghanistan Coordination Cell, Department of De- fense. Committee on Natural Resources: Subcommittee on Na- tional Parks, Forests and Public Lands held a hearing CONTINUING APPROPRIATIONS on the following bills: H.R. 1162, to provide the RESOLUTION, 2012 Quileute Indian Tribe Tsunami and Flood Protec- Committee on Rules: Full Committee held a hearing on tion, and for other purposes; H.R. 2087, to remove H.J. Res. 79, the ‘‘Continuing Appropriations Reso- restrictions from a parcel of land situated in the At- lution, 2012.’’ The Committee granted, by voice lantic District, Accomack County, Virginia; H.R. vote, a closed rule providing one hour of debate 2336, the ‘‘York River Wild and Scenic River Study equally divided and controlled by the chair and Act of 2011’’; H.R. 2351, the ‘‘North Cascades Na- ranking minority member of the Committee on Ap- tional Park Service Complex Fish Stocking Act’’; propriations. The rule waives all points of order H.R. 2352, to authorize the Secretary of the Interior against consideration of the joint resolution. The rule to adjust the boundary of the Stephen Mather Wil- provides that the amendment printed in the Rules derness and the North Cascades National Park in Committee report accompanying the resolution shall order to allow the rebuilding of a road outside; H.R. be considered as adopted. The rule provides that the

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, September 16 12 noon, Monday, September 19

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: The House will meet in pro ing business. forma session at 12 noon.

Extension of Remarks, as inserted in this issue

HOUSE Holt, Rush D., N.J., E1637 Olson, Pete, Tex., E1644 Huizenga, Bill, Mich., E1645 Owens, William L., N.Y., E1645, E1647 Braley, Bruce L., Iowa, E1649 Jordan, Jim, Ohio, E1642 Peters, Gary C., Mich., E1647 Buchanan, Vern, Fla., E1641 Kaptur, Marcy, Ohio, E1644 Poe, Ted, Tex., E1642 Cleaver, Emanuel, Mo., E1649, E1651 Kildee, Dale E., Mich., E1644 Rahall, Nick J., II, W.Va., E1647 Clyburn, James E., S.C., E1650 Kucinich, Dennis J., Ohio, E1640, E1641, E1642, E1643, Sa´ nchez, Linda T., Calif., E1641 Coffman, Mike, Colo., E1651 E1644, E1644 Sanchez, Loretta, Calif., E1646 Costello, Jerry F., Ill., E1648 Latham, Tom, Iowa, E1649 Slaughter, Louise McIntosh, N.Y., E1639 Denham, Jeff, Calif., E1637 Lee, Barbara, Calif., E1643 Deutch, Theodore E., Fla., E1650 Lungren, Daniel E., Calif., E1637 Speier, Jackie, Calif., E1647 Dreier, David, Calif., E1637 McCarthy, Kevin, Calif., E1651 Thompson, Bennie G., Miss., E1638 Eshoo, Anna G., Calif., E1642, E1651 McIntyre, Mike, N.C., E1638 Towns, Edolphus, N.Y., E1648 Farr, Sam, Calif., E1645 Miller, Jeff, Fla., E1649 Van Hollen, Chris, Md., E1643, E1645 Graves, Sam, Mo., E1638, E1638, E1639, E1640 Moore, Gwen, Wisc., E1639 Waxman, Henry A., Calif., E1640 Grijalva, Rau´ l M., Ariz., E1646 Murphy, Christopher S., Conn., E1650 Whitfield, Ed, Ky., E1641 Guthrie, Brett, Ky., E1649 Neugebauer, Randy, Tex., E1650 Yarmuth, John A., Ky., E1644, E1652 Heinrich, Martin, N.M., E1643 Norton, Eleanor Holmes, D.C., E1646 Young, C.W. Bill, Fla., E1648

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