February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2421 SENATE—Wednesday, February 29, 2012

The Senate met at 9:30 a.m. and was SCHEDULE ENERGY POLICY called to order by the Honorable Mr. REID. Madam President, fol- Mr. THUNE. Madam President, back KIRSTEN E. GILLIBRAND, a Senator from lowing leader remarks, the Senate will in 2008 then-Senator Obama said that the State of New York. be in a period of morning business for under his policies energy costs would 1 hour. The Republicans will control necessarily ‘‘skyrocket’’ and that he PRAYER the first half and the majority will con- would ‘‘have preferred a gradual ad- The Chaplain, Dr. Barry C. Black, of- trol the second half. justment to higher gasoline prices.’’ He fered the following prayer: Following morning business, the Sen- indicated at the time that under his Let us pray. ate will resume consideration of the policies energy prices were going to go Eternal God, our comfort and guide, highway bill. We continue to work on a up. He mentioned that he would like a as we begin this day in the forward process to complete action on this bill. more gradual adjustment, but when he march of history, we acknowledge Your We are going to have to do that. If we talked about those policies, he said en- sovereignty. Your unfailing love and can’t get an agreement to move for- ergy costs would necessarily ‘‘sky- mercy continue to sustain us, and we ward on this bill, I have no alternative rocket.’’ put our hope in You. but to try to stop the filibuster that is I think we now know which of the Today, fill our lawmakers with Your taking place. I hope we don’t have to campaign promises the President has wisdom, enabling them to shoulder the do that. We have agreed to work on kept because we have seen energy demands of decisions, the strain of con- amendments that are relevant and ger- prices skyrocket for most Americans. flict, and the uncertainties about to- mane. Senator DURBIN, the whip, has In fact, gasoline prices have doubled morrow. Let Your justice guide their worked on side-by-sides and other under President Obama’s watch. If you thoughts and Your righteousness direct amendments, so we are ready to move look at January 2009, the price per gal- their steps. Fill them with Your joy forward, but we can’t do it unless we lon of gasoline was $1.85. Today it is and use them for Your glory. get some basic cooperation, and it will $3.73, and some analysts are predicting Make each of us a blessing and not a be a shame if we can’t move forward on $5-a-gallon gasoline by May of this burden, a lift and not a load, a delight this bipartisan bill. year. Today marks the 24th straight and not a drag. day of gasoline price increases. f We pray in the Name of our Lord and The problem with all this is that the Savior. Amen. RESERVATION OF LEADER TIME President rhetorically, when he goes out and talks about energy, says that f The ACTING PRESIDENT pro tem- he wants an all-of-the-above strategy. pore. Under the previous order, the PLEDGE OF ALLEGIANCE We always say that imitation is the leadership time is reserved. The Honorable KIRSTEN E. GILLI- sincerest form of flattery, and obvi- BRAND led the Pledge of Allegiance, as f ously that is a phrase many of us as follows: MORNING BUSINESS Republicans have been using for some I pledge allegiance to the Flag of the time. We talk about an all-of-the-above The ACTING PRESIDENT pro tem- United States of America, and to the Repub- strategy that includes oil and gas and lic for which it stands, one nation under God, pore. Under the previous order, the clean coal and nuclear and biofuels and indivisible, with liberty and justice for all. Senate will be in a period of morning solar and wind—all of those. The prob- f business for 1 hour, with Senators per- lem with what the President says is mitted to speak therein for up to 10 that his actions say he really means APPOINTMENT OF ACTING minutes each, with the time equally di- PRESIDENT PRO TEMPORE ‘‘none of the above.’’ He says ‘‘all of vided and controlled between the two the above,’’ but he means ‘‘none of the The PRESIDING OFFICER. The leaders or their designees, with the Re- above’’ because the President has clerk will please read a communication publicans controlling the first half and taken unprecedented steps to restrict to the Senate from the President pro the majority controlling the second access to America’s affordable and reli- tempore (Mr. INOUYE). half. able sources of oil and natural gas. The assistant legislative clerk read The Senator from Illinois. President Obama’s energy policies the following letter: f are increasing the cost of gasoline in U.S. SENATE, this country. His administration is ORDER OF BUSINESS PRESIDENT PRO TEMPORE, pursuing new regulations that will in- Washington, DC, February 29, 2012. Mr. DURBIN. Madam President, will crease the cost of domestic energy pro- To the Senate: the time be running on the minority duction and destroy jobs. More domes- Under the provisions of rule I, paragraph 3, party’s first half hour? of the Standing Rules of the Senate, I hereby tic production of energy in this coun- appoint the Honorable KIRSTEN E. GILLI- The ACTING PRESIDENT pro tem- try equals lower prices at the pump BRAND, a Senator from the State of New pore. The Senator is correct. and more American jobs. York, to perform the duties of the Chair. Mr. DURBIN. Madam President, I The President’s statements have DANIEL K. INOUYE, suggest the absence of a quorum until been punctuated or reinforced by mem- President pro tempore. a member of the minority appears. bers of his administration. I go back to Mrs. GILLIBRAND thereupon as- The ACTING PRESIDENT pro tem- 2008, Dr. Steven Chu, who is now Presi- sumed the chair as Acting President pore. The clerk will call the roll. dent Obama’s Energy Secretary, who pro tempore. The assistant legislative clerk pro- said at the time: f ceeded to call the roll. Somehow, we have to figure out how to Mr. THUNE. Madam President, I ask boost the price of gasoline to the levels in RECOGNITION OF THE MAJORITY unanimous consent that the order for Europe. LEADER the quorum call be rescinded. Think about that: that somehow we The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- have to figure out how to boost the pore. The majority leader is recog- pore. Without objection, it is so or- price of gasoline to the levels in Eu- nized. dered. rope. If we look at the levels in Europe,

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

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2422 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 I think even at that time we are talk- Think about that. When he says he supports an ‘‘all-of- ing about $9 to $10-per-gallon gasoline. We have an energy strategy and a policy the-above’’ energy plan, his policies So we have members of this very ad- that we have been working on from day one, tell a very different story because his ministration suggesting, even back and we believe it continues to show good re- policies have discouraged increased then, that part of the strategy, the en- sults. production of oil, and high oil costs are ergy strategy, was to increase prices. I don’t know how you can argue that indeed a key driver of gasoline costs. Think about that, having an energy doubling the price for a gallon of gaso- Republicans support a real all-of-the- strategy that is actually going to drive line is a good result. And literally tak- above strategy, and that includes pro- up the cost of energy to people in this ing areas out of production in this duction in all sources of energy. It in- country. country that could be yielding energy, cludes support of projects such as the Yesterday, in testimony before the that would help reduce the dependence Keystone XL Pipeline that will House Appropriations Committee, now- we have on foreign sources of energy, strengthen America’s energy security, Secretary Chu, who said back in 2008, drive down the price at the pump and and we have to have a robust energy ‘‘Somehow we have to figure out how create American jobs is a good result? plan focused on increasing those areas to boost the price of gasoline to the I don’t know how you can argue that of domestic production that will send a levels in Europe,’’ was asked: But is what has happened during this admin- strong signal to energy markets the overall goal to get our price of gas- istration’s time in office has been any- around the world to make America less oline down? That was asked by a Mem- thing but disastrous for the American vulnerable to skyrocketing gasoline ber of the House of Representatives, people, for American business, and for prices. again, as Secretary Chu was testifying the continued dependency we have on It is interesting the response on Cap- in front of the House Appropriations foreign sources of energy. itol Hill to this spike in gasoline prices Committee. Is the overall goal to get President Obama rejected the Key- we have seen over the past several days our price of gasoline down? stone XL Pipeline which would have is along these lines. There was a letter This is what the Secretary said: created 20,000 shovel-ready jobs and de- from Senator SCHUMER to Secretary No, the overall goal is to decrease our de- livered up to 830,000 barrels of oil per Clinton a couple of days ago in which pendency on oil, to build and strengthen our day from Canada, America’s largest he talked about the skyrocketing fuel economy. trading partner. prices and directly linked those to the When we are literally doubling the President Obama has reduced the global energy market but suggested price per gallon of gasoline, how does number of offshore leases by half. that the solution should be urging the that strengthen your economy? Small President Obama has blocked explo- State Department to work with the businesses are faced every single day ration and production on 97 percent of Government of Saudi Arabia to in- with the high costs of energy. It is an offshore areas; 97 percent of those areas crease its oil production to its actual important component of running a that could be useful in helping meet capacity of 12.5 million barrels to help business in this country. Energy is America’s energy needs have been put stabilize markets. probably one of the most important off limits by this President, by his poli- Instead of developing American re- costs people are going to deal with. It cies that blocked exploration and pro- sources and actually doing something certainly is in my part of the country, duction in those very areas. that would lessen the dependence we where I represent an agricultural econ- Under the Obama administration, have on these foreign sources of en- omy. American families are looking at new permits to drill in Federal onshore ergy, the solution proposed by some of gasoline prices that literally have dou- and offshore areas have declined by 40 our colleagues—at least some of our bled since this President took office. to 50 percent. Democratic colleagues—is to have Sec- Yet here is the Secretary of Energy, That is the President’s record on en- retary of State Hillary Clinton go to the very guy who was to guide energy ergy. How his Secretary of the Interior the Saudis, hat in hand, and beg them policy in this country, in front of a can say their energy strategy shows to increase daily production by 2.5 mil- House committee as recently as yester- good results is beyond me. It is com- lion barrels, ironically at the very time day, when asked about the overall goal, pletely at odds with the reality and they are blocking policies that would whether the overall goal is to get the with the facts. help generate that same 2.5 million price of gasoline down, he said no. It The Obama administration is imple- barrels a day right here in the United squares perfectly with what he said 4 menting a national backdoor energy States and stabilize world markets. years ago when he indicated that we tax through unprecedented regulation In fact, if we look at many of these need to figure out how to somehow of greenhouse gas emissions under the areas that are off limits to production boost the price of gasoline to the levels Clean Air Act, specifically targeting today—the North Slope of Alaska, the in Europe. the oil and gas industry with new regu- Atlantic Outer Continental Shelf, the That is an amazing statement. I lations, such as new source perform- eastern Gulf of Mexico, the Pacific think it is almost incomprehensible to ance standards, Boiler MACT, and tier Outer Continental Shelf, the Keystone the American people in terms of what 3 gasoline standards that could drive XL Pipeline—if we add up the amount it means to their daily lives because up the cost of gasoline production by 25 of production that will bring to our they are the people who ultimately, in cents, raise the refining industry’s op- country, it adds up to 4.5 million bar- their pocketbooks, have to deal with erating costs by $5 to $7 billion annu- rels a day, 4.5 million barrels per day of the consequences of bad policies—bad ally, lead to a 7- to 14-percent reduc- additional energy production that we policies that raise the price of energy tion in gasoline supplies from U.S. re- could be benefiting from and enjoying and make it more difficult for them to finers, and force as many as seven U.S. at a time when we are seeing gas prices balance their budgets and to be able to refineries to shut down. That is the literally double. continue to enjoy the standard of liv- tier 3 gasoline standard the Obama ad- Of course, in accordance with the ing and quality of life in this country. ministration is proposing. Time after President’s promise when he was run- Yesterday Secretary of the Interior time, opportunity after opportunity is ning for office that prices were going to Ken Salazar defended the Obama ad- missed. skyrocket, it should not come as any ministration’s failure of an energy pol- This President continues to put poli- surprise. But these energy policies im- icy when testifying before the Senate cies in place that make it more dif- plemented by this administration have Energy and Natural Resources Com- ficult and more expensive to create literally created a situation where we mittee. He said: jobs and raises the cost of doing busi- are now having to go and ask the We have an energy strategy and a policy ness by raising the cost of energy and Saudis: Please, would you please give that we have been working on from day one, raising the costs that every American us an additional 2.5 million barrels of and we believe it continues to show good re- consumer has to deal with in the form oil a day instead of opening the areas sults. of higher gasoline prices. that could generate up to 4.5 million

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2423 barrels per day if we would simply de- ENERGY POLICY Cushing, OK. They are just not going velop the resources we have in this Mr. MCCONNELL. Madam President, to let this administration punish them country and quit blocking the access to I want to associate myself with the re- or the rest of those who want to build these important energy resources. marks of the Senator from South Da- this pipeline. This is a fairly straightforward issue kota and follow up in that regard. Asked about the impact of delays, for the American people, No. 1, because Yesterday I came to the Senate floor the company’s President and CEO said it hits very squarely in their daily and explained how the President’s ideo- they were partly to blame for the re- lives. The pocketbook issues, the logical outlook and the policies that cent spike in gas prices, which is pre- bread-and-butter issues, the issues peo- have grown out of it will only continue sumably why the White House came ple discuss around their tables every to drive up the cost of gasoline at the out in support of the move. But the hy- day are the issues that I think are pump. After I spoke, the President’s pocrisy is quite stunning. How could a White House that is sin- most important to America right now, Energy Secretary seemed to confirm it gle-handedly blocking one-half of the particularly with a down economy and when he told a congressional panel pipeline to appease an extreme seg- high unemployment rates. Certainly, that the Department of Energy isn’t ment of its political base now claim to what we are seeing in terms of energy working to drive down the price of gas. costs makes that situation worse for support the southern half of the same They are working to wean us off of it pipeline? Well, the short answer is they American families. In fact, the payroll altogether, and high gas prices add ur- don’t have the authority to block the tax holiday which was extended a cou- gency to those efforts. southern half, so they think that by ple of weeks ago will actually be eaten In other words, high gas prices actu- claiming to support it, then they can up, any savings that might be achieved ally help the administration achieve get credit from people for being on to the American family’s pocketbook what it is trying to achieve. What I both sides of the issue. But if Keystone will literally be eaten up simply by suggested yesterday and what I am is good for America and good for jobs, paying the higher costs of gasoline suggesting again this morning is that the President should just come out and that are going to be imposed on every we look at statements such as this and support the whole pipeline. With gas American family as a result of these many others from the President and prices literally skyrocketing and grow- higher prices, again, that simply are some of his top advisers in the past, ing turmoil in the Middle East, we the result of us not having enough sup- along with the President’s actual poli- can’t afford another year of foot-drag- ply. cies when it comes to assessing the ging. It is time for the President to This is a market situation. Gasoline current situation at the pump—not the move quickly to approve the entire is a global commodity. When we have speeches he gives when he starts feel- Keystone XL Pipeline. This is literally more supply, it brings the price down. ing the political heat for it because he a no-brainer. When we have more domestic produc- can’t have it both ways. An overwhelming majority of Ameri- tion, it means two things: it means Once again, here are the facts. The cans support the Keystone XL Pipeline lower prices at the pump for American President continues to limit off-shore in its entirety. The President should consumers, and it means more jobs for areas to energy production and is listen to them. Instead of lecturing the American workers. Blocking access to granting fewer leases on public land for American people about his idea of fair- American sources of energy production oil drilling. At the same time, he has ness, he should spend a little more means higher prices at the pump for encouraged other countries such as time thinking about what most Ameri- American consumers and fewer jobs for Brazil to move forward with their off- cans think is fair. Most Americans American workers. It is that straight- shore drilling projects. The Obama ad- don’t think it is particularly fair that forward. It is that simple. ministration continues to impose bur- the President of the United States is The American people understand densome regulations on the domestic blocking them from tapping into our that. That is why the policies this ad- energy sector that will further drive up natural resources even as he uses their ministration is pursuing—and, clearly, the cost of gasoline for the consumer. tax dollars to prop up failing solar from the statements that are being He is proposing raising taxes on the en- companies like Solyndra and to hand made by these members of the Presi- ergy sector, a move that the Congres- out bonuses to the executives who dent’s administration, from Secretary sional Research Service has said would drive them literally into the ground. Chu to Secretary Salazar to the Presi- drive up costs. Most Americans don’t think it is fair dent himself—suggest, if you can be- As we all know, he flatly rejected the that their President would want to lieve this—unfathomable, I am sure, to Keystone XL Pipeline, a potentially drive up the cost of gasoline they need many Americans—that it is intentional game-changing domestic energy to get around every day and build their to actually push those prices higher. project that promises not only greater families and their businesses and their That is what Secretary Chu said back independence from Middle Eastern oil lives even as he is directing more and in 2008: We need to boost our prices to but tens of thousands of private sector more of their money to risky solar the level they are seeing in places such jobs. schemes in his own administration— as Europe. All of these policies help drive up the risky solar schemes his own adminis- I think the American people believe cost of gasoline and increase our de- tration says sometimes fail. differently about that. I believe they pendence on foreign sources of oil, but Well, the American people don’t ask deserve better. They want policies that perhaps none is as emblematic of the for much, but they do expect to be able lower the cost of energy and make President’s simplistic and punitive ap- to go out there every day and try to America less dependent upon dan- proach to energy policy as the last one. build a future for themselves and their gerous foreign regimes. I know many of The President simply cannot claim to families without their own President us—Republicans in the Senate—are support a comprehensive approach to throwing sand in the gears. And wheth- ready to go to work putting those poli- energy while at the same time standing er it is high gas prices or government cies in place if the President and his al- in the way of the Keystone Pipeline. It regulations or higher debt, the Amer- lies in the Senate will give us that op- doesn’t make any sense. It is either one ican people are tired of bearing the portunity. or the other. burden so this President can build an I yield the floor. Most Americans understand that. economy in which Washington calls all f That is why many of us were pleased the shots. Yes, Americans want lower when the company that is responsible gas prices, and, yes, this President’s RECOGNITION OF THE MINORITY for building Keystone said it plans to policies are hurting. But let’s be clear LEADER move forward with the southern por- about something: This debate is not The ACTING PRESIDENT pro tem- tion of the pipeline, despite the admin- just about gas prices, it is about a pore. The Republican leader is recog- istration’s decision to block the north- President who wants to impose a defi- nized. ern portion to alleviate a bottleneck in nition of ‘‘fairness’’ on the American

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2424 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 people, yet most of them simply do not When it comes to energy policy, the Contrary to the President’s presen- accept. President is a man divided. On almost tation, these are not tax loopholes that I yield the floor. all economic policy, his answer is, tax need to be closed. The term ‘‘tax loop- The ACTING PRESIDENT pro tem- the rich more. Taxing the rich more is hole’’ implies that a tax incentive is pore. The Senator from Utah. his go-to option for reducing the def- susceptible to an exploitation of an un- Mr. HATCH. Madam President, I ask icit, paying for Obamacare, and paying intended benefit. While the Tax Code unanimous consent that I be permitted for new roads and bridges. Higher taxes has some tax loopholes that we must to finish my remarks and that I be are a matter of fundamental fairness, clearly eliminate, the tax expenditures granted enough time to do so. the President claims, but when it that benefit oil and gas companies were The ACTING PRESIDENT pro tem- comes to gas prices, the President sides intended to incentivize a particular ac- pore. Without objection, it is so or- with the 1 percent. tivity or behavior. For instance, sec- dered. The folks who would benefit most tion 199 of the Internal Revenue Code Mr. HATCH. Madam President, the from increased energy production are includes an incentive for the domestic first 3 years of President Obama’s ad- blue-collar workers and middle-class production of oil and gas. This is no ministration were a frenzy of activity. families. High energy prices hit the He pushed the stimulus, he spent over loophole. Congress, on a bipartisan wallets of lower income Americans the a year pursuing his health care law, basis, understands that without this in- hardest. Middle-class Americans are and he forced through Dodd-Frank, im- centive, we could see an enormous re- posing historic regulations on the more likely to have longer commutes duction in employment, and it is sim- banking industry. Even The Economist and bigger cars than wealthy urban ply inaccurate to state that this incen- magazine has found fault with that. citizens. The passthrough cost of high tive adds little to our economic or en- Yet, at a time when the Nation was in fuel prices hits the grocery budgets of ergy security. economic free fall, the President chose all Americans. The jobs that never ma- The American people need to under- an agenda of more regulation and high- terialize due to the failure to develop stand that repeal of this policy will er taxes. energy resources undermines every only increase our dependence on for- The President ignored private sector blue-collar American. eign-produced oil. But this does not job creation and the primacy of eco- The President claims to be for fair- seem to bother the President one bit. nomic growth, and nowhere was this ness and an egalitarian economic pol- On March 20 of last year, the President more evident than with respect to en- icy, but his energy policy is incredibly told a group of political and business ergy policy. President Obama has regressive, putting the burden of his leaders in Brazil that we ‘‘want to help failed entirely to address one of the environmental agenda on the backs of with technology and support to develop greatest obstacles to economic growth; the middle class. The situation got no these oil reserves safely, and when that is, high energy prices. better with the budget the President you’re ready to start selling, we want Today he claims he is for an all-of- recently submitted or with this long- to be one of your best customers.’’ the-above approach to energy. All of a delayed proposal for business tax re- As hard as it is to believe, the admin- sudden, facing $5-a-gallon gasoline, form. istration does not even seem to share weak job creation, and a Presidential Rather than advance an energy agen- the desire of the American people for election, he claims to have found reli- da that would spur production, lower lower energy prices. The President’s gion on energy production. But wheth- prices, and create jobs, the President Secretary of Energy, Secretary Steven er we look at oil, natural gas, or the continues to advocate for increased Chu, stated: ‘‘We have to figure out Keystone Pipeline, the American peo- taxes on oil and gas production in the how to boost the price of gasoline to ple are not buying this conversion United States. the levels in Europe.’’ Gas prices in Eu- story, and I certainly agree with our On March 3 of last year, the Congres- rope are $8 to $10 a gallon, and that is distinguished minority leader and his sional Research Service concluded that where the administration and environ- comments here this morning. the President’s proposals would ‘‘make mental activists want gas prices to be This failure by the President to tack- oil and natural gas more expensive for for Americans. Even President Obama le our energy needs is a national crisis U.S. consumers and likely increase for- stated in 2008 that he would prefer a for which the American people should eign dependence.’’ The same holds true gradual adjustment to high gasoline hold him accountable. Yet his inability today. These decisions are based in po- prices, just maybe not a quick spike. to put jobs ahead of his radical and un- litical appeals to his elitist base rather The President claims he is for an all- representative environmental base has than any interest in developing sound of-the-above energy policy so long as it particular implications for the citizens energy policy. For example, in his does not include offshore drilling, drill- of my State of Utah as well. Days after budget the President cites the fol- ing on our western lands, the develop- announcing in his State of the Union lowing as his reason for repealing tax ment of energy in Alaska, and the Key- an ‘‘all-of-the-above strategy that de- incentives for oil and gas production: stone Pipeline. My reading of his all-of- velops every available source of Amer- Special tax treatment of working interests the-above approach is some-of-the- ican energy,’’ the administration cut in oil and gas properties . . . distorts mar- above and only those that are poll-test- access to Federal lands in the West for kets by encouraging more investment in the ed and approved by environmental ac- oil shale development by 75 percent and oil and gas industry than would occur under tivists. proposed a 50 percent royalty hike on a neutral system. This is terrible tax policy, it is ter- domestic energy production on public Give me a break. The reason the rible energy policy, and it is terrible lands. President opposes current tax policy economic policy. Unfortunately, it is Whether it is closing off more Fed- for oil and gas is because he opposes all we have from this administration. eral lands to American energy produc- distorting markets? The reality is that our country relies tion or saying no to the Keystone Pipe- The Energy Information Administra- upon oil and gas because it is depend- line, this White House has shown it is tion reports that in fiscal year 2010, able, abundant, affordable, and domes- more focused on appeasing its extrem- $14.7 billion in energy-specific subsidies tic. Raising taxes on American compa- ist ideological allies than putting for- went to advance renewable energy nies that produce oil and gas will be ward an energy policy that works for compared to $4.2 billion in energy-re- felt by all Americans not only at the Utahans and Americans everywhere. lated subsidies that went to advance pump but also through a decrease in With gas prices and home heating costs fossil fuels. In other words, there are dividends to many middle-class share- on the rise, the American people de- three times as many government sub- holders. This is the wrong prescription serve action, not more campaign sidies going to renewable energy as for our ailing economy. speeches—and I might add, from the there are going to oil, gas, and coal For this administration, the goal re- most anti-American energy adminis- combined. Now, that is what you call mains not lower energy prices but the tration in our Nation’s history. distorting the market. liberal dream of getting America off of

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2425 oil. Just the other day, the President’s shale in Utah, Colorado, and Wyoming Code’s distortions and the need for re- Secretary of Energy acknowledged that alone. We have billions of barrels of oil form. At the center of this story is the overall goal of his Department is in ANWR up in Alaska and billions of Facebook and its founder and CEO not to lower the cost of traditional en- barrels of oil at other sites in Alaska. Mark Zuckerberg. Mr. Zuckerberg and ergy but to decrease dependency on oil. Fortunately, we found oil in the his company have become a remark- For what it is worth, this commit- Bakken claim in North Dakota, but the able American business success story. ment to restricting domestic produc- only reason we have been able to drill As part of that success, Facebook is in tion is a policy that divides my col- there is because it is private land. For- the process of making its initial public leagues on the other side of the aisle. tunately, we found some places down in offering of stock. The public docu- They know the President is putting the Texas, but again they are on private ments that Facebook is required to file preferred lifestyle policies of wealthy land. We can’t get the permits and the as part of that offering tell another urbanites ahead of the needs of blue- ability to drill on public land or even compelling story about one of our Tax collar and union workers and middle- develop oil shale on public land. Yes, it Code’s unjustified corporate loopholes. class Americans. They know the deci- would cost us more per barrel to de- According to its filings, when sion by the President to kill the Key- velop that oil, but it would also bring Facebook goes public, Mr. Zuckerberg stone Pipeline put environmental in- down the intense problems we have in plans to exercise options to purchase terest groups ahead of the needs of trying to find enough oil and gas to 120 million shares of stock for 6 cents a workers, commuters, and families. keep our country moving ahead as the share. Obviously, Mr. Zuckerberg’s President Obama has traded in the greatest country in the world. We have shares are going to be worth a great hardhat-and-lunch-bucket heritage of to simply get this administration to deal more than 6 cents each—a total of the Democratic Party for a hipster fe- wake up and realize there are many about $7 million. They will apparently dora and a double-skim latte. He has ways we can solve our energy prob- be worth in the neighborhood of $5 bil- put liberal environmental dreams lems—many ways. lion. ahead of the economic reality that We are also awash in natural gas. A Here is where the tax loophole comes working-class Americans have been lot of people have been saying we need in. Under current law, Facebook can, struggling with for years. The Nation’s to develop our natural gas. We need to perfectly legally, tell investors and the unemployment rate has been above 8 develop more of our energy resources public and regulators that the stock percent for 36 straight months. The av- than we are developing now. And we options he received cost the company a erage duration of unemployment was can do it. America can do it if we get mere 6 cents a share. That is the ex- 40.1 weeks in January 2012. Yet the the government off the backs of those pense shown on the company’s books. President and his allies in the Senate who produce energy. I hope and pray But the company can also, perfectly le- have helped to kill projects that would that Democrats and Republicans alike gally, later on file a tax return claim- undeniably lead to the creation of hun- will lock arms, get together, and solve ing that those same options cost the dreds of thousands of high-paying the problems facing our country, re- company something close to what the American jobs. gardless of this President, who doesn’t shares actually sell for later on—per- Gas prices have now risen for 20 seem to know what to do or how to do haps $40 a share. The company can straight days. Gas prices are now up 30 it. take a tax deduction for that far larger cents over the last month and 18 cents This is a crucial time for our coun- amount. So the books show a highly try. There is no excuse for us to be in in the past 2 weeks. We are cruising to- profitable company—profitable, in the mess we are in. But unfortunately, ward $5-a-gallon gas, and the President part, because of the relatively small we are here because of the poor energy resists any long-term solutions to expense the company shows on its policies of this administration. these rising energy prices. Madam President, I yield the floor. books for the stock options it grants to The American people deserve better The ACTING PRESIDENT pro tem- its employees—but when it comes time than this. They have waited 3 long pore. The Senator from Michigan. to pay taxes, to pay Uncle Sam, the years for a serious energy agenda from loophole in the Tax Code allows the f this President, and if he does not ad- company to take a tax deduction for a dress this energy crisis soon, in less STOCK OPTION LOOPHOLE far larger expense than they have than a year the American people will Mr. LEVIN. Madam President, there shown on their books. be looking to another President to pro- has been a great deal of conversation In addition, Facebook is allowed by mote an energy program that will fi- recently about the need to close tax law to carry back the so-called loss nally create jobs and lower the cost of loopholes. This is a welcome develop- arising from this deduction for 2 years energy for all Americans. Look, we ment for those of us who have gone into the past, which means it can claim have energy within our country’s after these loopholes for years. It is a tax refund for the income tax it has boundaries. We have energy that is just particularly timely as the public is fo- paid over the past 2 years—a refund begging to be developed, that would cusing more and more on how tax loop- that the company estimates at $1⁄2 bil- help us to make it through these try- holes distort economic incentives and lion. So instead of paying taxes to the ing times. We need the lowest cost en- often benefit the wealthiest among us Treasury, this profitable company will ergy we can possibly have, and we are at the expense of most U.S. taxpayers. claim a hefty refund on the taxes al- not going to get it under this Presi- Last week, President Obama released ready paid. dent. We are not going to get it under a framework for business tax reform But that is not all. The company says this administration. I hope my col- that took aim at many corporate tax it will, as allowed by law, also carry leagues on both sides of the aisle wake loopholes. I look forward to working forward the so-called losses arising up and realize we are putting our coun- with the administration and with our from this tax deduction for over 20 try right down the drain. colleagues in the Senate to make real years into the future, thereby reducing I saw, sometime over the last couple reform a reality—reform that brings any taxes that it owes in the years of weeks, The Economist magazine. greater fairness to the Tax Code, elimi- ahead. Over the years, this loophole The front page of that magazine criti- nates incentives for moving jobs and could give a tax break of up to $3 bil- cizes us for the overregulatory nature assets overseas, restores revenue lost lion. The end result is that a profitable of our economy and of our government. to unjustified tax loopholes, and helps U.S. corporation—a success story— We are making it so it is almost impos- us reduce the deficit without damaging could end up paying no taxes at all for sible for businesses to expand and cre- vital programs for education, transpor- years, even decades. ate high-paid jobs. tation, health care, and national secu- I emphasize that Facebook’s actions We can solve our own energy needs. rity. are within the law. As with so much of We have between 800 billion and 1.6 One recent and very public announce- our Tax Code, it is not the law-break- trillion barrels of recoverable oil in oil ment illustrates dramatically our Tax ing that shocks the conscience, it is

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2426 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 the stuff that is perfectly legal. For lion tax bill. But it is unlikely that the been stronger for tax reform that years, my Permanent Subcommittee individual taxes Mr. Zuckerberg pays brings more fairness to the Tax Code, on Investigations has identified this will offset the tax revenues lost to this restores revenue lost to unjustified tax stock option loophole and tried to ex- loophole. What the Treasury receives loopholes, reduces the deficit, and pro- plain its cost, its unfairness, and why from Mr. Zuckerberg on the one hand, tects important priorities. I look for- it should be closed. Facebook’s $3 bil- it will return, and then some, to his ward to working with our colleagues lion tax break brings the issue into company with the other hand. We also and with the administration to turn sharp focus. should remember that Mr. that momentum into real reform. Again, the stock option loophole al- Zuckerberg’s financial future is closely Madam President, I thank the Chair, lows corporations to compensate their tied to that of his company. The value I yield the floor, and I note the absence executives with stock options, report a of the options and his retained interest of a quorum. specific stock option expense to their make that clear. To the extent that his The ACTING PRESIDENT pro tem- shareholders, and then later take a tax corporation benefits—and as I have pore. The clerk will call the roll. deduction for typically a much higher shown, Facebook will benefit hand- The legislative clerk proceeded to amount. Stock option grants are the somely from the use of this loophole— call the roll. only kind of compensation where the Mr. Zuckerberg stands to benefit as Mr. SCHUMER. Madam President, I Tax Code allows companies to claim a well. Put simply, some of that big tax ask unanimous consent that the order higher expense for tax purposes than it bill he faces right now will come back for the quorum call be rescinded. shows on its books. Our subcommittee to him through the corporation he will The ACTING PRESIDENT pro tem- found that the difference between what still own a huge part of and will con- pore. Without objection, it is so or- U.S. corporations tell the public and trol. dered. what they told the IRS was as much as Our tax system is built on the prin- f $61 billion in 1 year. ciple that businesses as well as individ- BLUNT AMENDMENT Facebook’s use of this loophole is the uals ought to help pay our Nation’s most pointed illustration yet of the bills. Corporations impose plenty of Mr. SCHUMER. Madam President, I cost of this loophole. It is difficult to costs on society, from environmental rise today to discuss the amendment to get our minds around a $3 billion tax disasters, financial bailouts, product the surface transportation bill offered break for a single corporation. Just recalls, and more. Businesses also want by my friend and colleague from Mis- how big is it? Well, consider this: In and need government services, includ- souri, Senator BLUNT. 2009, the most recent year for which ing efficient transportation systems, For reasons beyond me, the other IRS data is available, taxpayers from patent protections, even Federal loan side has demanded a vote on birth con- 11 States in our Union sent less than $3 guarantees. Paying those costs is why trol. It seems they wish to debate billion in individual income tax rev- we have a corporate income tax to whether we should take away access to enue to the Treasury. How does this begin with. Both businesses and indi- contraception for millions of women. make any sense? After all, American viduals are required by law to con- Cooler heads are not prevailing on taxpayers are going to have to make up tribute, and should do so, to meet their the other side of the aisle these days. for what Facebook’s tax deduction civic obligations and to pay their fair There are some wiser voices on their costs the Treasury. That $3 billion is share. There is no reason Facebook and side who do seem to regret they are either going to come out of the pockets the other corporations that use this having this debate, but they are the of American families now or it will add tax loophole should continue to receive minority. to the deficit they are going to have to these windfall tax deductions. Just this morning, the senior Sen- pay for later. Senator CONRAD and I earlier this ator from Alaska is quoted in the New What could our Nation do with the $3 month introduced S. 2075, the Cut Un- York Times expressing exacerbation. billion it will lose when Facebook ex- justified Tax Loopholes Act, or CUT Of her party’s push to roll back access ploits the stock option loophole? We Loopholes Act. This bill, similar to the to contraception, she says: could reduce the Federal deficit or we legislation I have introduced in the I don’t know where we are going with this could pay for programs that protect past few Congresses, would close this issue. our seniors, put cops on the beat or loophole. Under our bill, corporations I sympathize with the frustration teachers in classrooms. The $3 billion would no longer be allowed to claim shown by my friend from Alaska. There Facebook will get in tax deductions tax deductions for options that are is no good answer about where the would more than triple the budget of larger than the expense they report to other side is going with this issue—ex- the Small Business Administration, their shareholders and to people con- cept, perhaps, back to the 19th century. which seeks to help American entre- sidering buying their stock. It would This whole debate is an anachronism. preneurs create jobs and grow the econ- also subject stock options to the same Our country progressed beyond the omy. Three billion dollars would pay $1 million cap on deductions for execu- issue of whether to allow birth control for the Pentagon’s budget for housing tive compensation that now applies to a long time ago. Yet here we are in 2012 our military families for nearly 2 full other forms of compensation. At the and some in the Republican Party sud- years. It would pay the budget of the same time—and this is important to denly want to turn back the clock and National Institute of Science and Tech- know—our bill would leave unchanged take away contraception from millions nology for 4 full years. It would more the way the law applies to individuals of women. than triple what we plan to spend help- who receive stock options, and it would Make no mistake, that is what this ing homeless veterans next year. It leave unchanged incentive stock op- debate is about, as backward as it is. I would pay 6 times over for the 24 Reap- tions that are offered by startup com- keep hearing this measure being re- er unmanned aerial vehicles the Air panies. We would not affect that. ferred to as the Blunt amendment, Force plans to buy next year. The stock option loophole should named after its sponsor, my friend, the Some are going to argue that have been closed long before Mr. Senator from Missouri. We should, in- Facebook’s tax break is offset by the Zuckerberg’s extraordinarily lucrative stead, call it for what it will be: an at- fact that Mr. Zuckerberg himself, as options became public. But surely the tempt to take away for millions of well as the other executives who are re- case of Facebook illustrates to the women birth control. ceiving stock options, will pay taxes as Senate, to the Congress, and to the If this amendment passes, it would individuals. As various news reports in- American people that we must close ban contraception coverage for any dicate, Mr. Zuckerberg will face a sub- this loophole. woman in America whose boss has a stantial tax bill on the $5 billion in I have spoken today about one cor- personal objection to it. The measure compensation he is about to receive— porate tax loophole, but there are would force women to surrender con- perhaps in the neighborhood of a $2 bil- many more. The momentum has never trol of their own health decisions to

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2427 their bosses. That concept is not mere- Some Republicans in the Senate now violations of free trade, sailors’ rights, ly quaint or old-fashioned, it is dan- seem to want to nationalize this fringe and sanctioning raids on American gerous, and it is wrong. debate over whether contraception land. According to the Department of should be allowed. It is not a political After 21⁄2 years of conflict, the British Health and Human Services, some 20 winner. Even the House Republicans Navy sailed up the heart of the Chesa- million American women could be cut seem to have the good sense not to peake Bay with combined military and off from health services by this pro- bring up the amendment on the floor of naval forces, and in August 1814 at- posal. The other side does not want the their Chamber. But here the other side tacked Washington, DC, burning to the debate framed in those terms because is pushing ahead with the ban. ground the U.S. Capitol, the White they know it makes them look silly. So It is so far-reaching, it has stirred a House, and much of the rest of our cap- instead, they are spinning. wide collection of health organizations ital city. Less than 3 weeks later, the In the last week, there have been op- to speak out against it. These are British set their eyes upon the next eds penned by the minority leader, the groups such as the American Academy prize: the strategic port city of Balti- junior Senator from Massachusetts, of Pediatrics, the American Congress of more, MD. and the junior Senator from Missouri, Obstetricians and Gynecologists, the American forces, primarily made up all seeking to frame this as about pro- March of Dimes, and Easter Seals. of citizens of Baltimore, prepared Bal- tecting religious liberty. These are groups with no agenda other timore City’s defenses. Marylanders The debate may have been about reli- than protecting the health of those fought the British army during the gious liberty for a time, but now some they serve. Battle of North Point and helped re- on the other side have overplayed their In a letter these groups sent earlier pulse the British Navy from Fort hand. They may have started seeking this week, they pointed out the wide McHenry during the now infamous Bat- protections for religious-affiliated em- variety of services that an employer tle of Baltimore. I want to point out ployers, but now they sense a ripe time could decline to provide, such as child that the American forces during the to make headway on a far-right social vaccinations and mammograms. Battle of North Point were volunteer agenda. It is true that all these services and militia. In the battle, just 250 members The debate reminds me of a famous more are threatened by this amend- of the 5th Brigade of the Maryland Mi- quote that our former colleague Dale ment. But are Republicans against litia, heavily outnumbered by the high- Bumpers used to invoke. It was a quote child vaccinations and mammograms? ly trained British infantry, managed to by H.L. Mencken, who said: I doubt it. So let’s admit what this de- delay the British forces long enough When someone says it’s not about the for 10,000 reinforcements to arrive, pre- money, it’s usually about the money. bate is really about and what Repub- licans want to take away from millions venting a land attack against Balti- Well, when the other side tries so of American women. It is contracep- more. hard to claim this is not a debate about tion. We should call this debate and The British assault also failed at sea. contraception, that is how you know this amendment for what it will be for Following 25 hours of intense British this debate is precisely about contra- millions of women whose boss may naval bombardment at Fort McHenry, ception. the American defenders refused to The amendment is not about reli- have a personal objection: This is a yield, and the British were forced to gious liberty. The truth is religious in- contraception ban. depart. During the bombardment, an stitutions have always been exempt I yield the floor. under the law from certain coverage re- The ACTING PRESIDENT pro tem- American lawyer, Francis Scott Key, quirements. Under the President’s pore. The Senator from Maryland. who was being held onboard an Amer- compromise, an even larger set of em- f ican flag-of-truce vessel in Baltimore ployers—those with a religious affili- Harbor, beheld, by the dawn’s early BICENTENNIAL OF THE WAR OF light, the American flag still flying ation such as certain hospitals and 1812 schools—also will not have to pay for atop Fort McHenry. Mr. CARDIN. Madam President, I contraception coverage. It will, in- Key realized then that the Americans rise today to commemorate the 200th stead, be covered by the insurance had survived the battle and stopped the company. The President’s compromise anniversary of the War of 1812 and the enemy advance. Moved by the sight of has been widely embraced, including by ‘‘Star Spangled Banner,’’ and to honor the American flag flying over Fort many of the same church-affiliated or- the memory of all Americans who came McHenry, he composed the poem called ganizations that expressed concern together in America’s ‘‘Second War of ‘‘The Defense of Fort McHenry,’’ which originally. Independence,’’ particularly those fall- was later set to music, becoming ‘‘The The administration is working on a en heroes who gave their lives during Star Spangled Banner’’ that officially solution for self-insured employers. I the conflict. became the National Anthem on March am confident they will find a way that It is important Americans recognize 3, 1931. We will be celebrating this works for everyone. the service and sacrifice of all those weekend the 82nd anniversary of the The amendment being voted on to- who have worn the uniform of this Na- ‘‘Star Spangled Banner’’ becoming the morrow is not responsive to any real tion. On behalf of the Senate, I thank official national anthem of our coun- concerns about religious freedom. Its the millions of brave men and women try. The flag that flew over Fort reach extends far beyond church orga- who have served in the U.S. Armed McHenry during that fateful night is nizations that legitimately seek con- Forces and risked their lives for our now a national treasure on display at siderations based on conscience. It Nation, including during the War of the Smithsonian Institution—an inspi- wants to let any employer in the coun- 1812. ration to all Americans—a very short try decide to cut off services for any The War of 1812 confirmed America’s distance from where we are today. reason whatsoever. independence from Great Britain in the The War of 1812 confirmed the legit- Under the guise of religious liberty, eyes of the world. Before the war, the imacy of the Revolution and served as some on the hard right are trying to British had been routinely imposing on a critical test for the U.S. Constitution accomplish a political goal: banning American sovereignty. They had im- and our newly established democratic contraception more widely. This is a pressed American merchant seamen government. Our young Nation battled goal the other side has been pursuing into the British Royal Navy, enforced against the largest, most powerful for a while now at the State level. At illegal and unfair trade rules with the military on Earth at the time and the heart of many of the personhood United States, and allegedly offered as- emerged with an enhanced standing proposals being advanced in State leg- sistance to American Indian tribes that among the countries of the world. A islatures is an attempt to cut off wom- were attacking frontier settlements. In new generation of Americans too en’s access to certain forms of contra- response, the United States declared young to remember the victory of the ception. war on Great Britain to protest these Revolutionary War were inspired by

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2428 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 Francis Scott Key’s poem to take pride The Senator from New York is recog- mental health services; screening for in our Nation’s flag, which embodies nized. cervical cancer; screening for type 2 di- our universal feelings of patriotism and f abetes; vaccinations. courage. Coverage for any or all of these serv- As a Marylander, I am proud of the WOMEN’S HEALTH CARE ices and countless others could be de- role my State played in the War of Mrs. GILLIBRAND. Mr. President, it nied to any person under this radically 1812, and I have been involved in legis- is with great disappointment and baf- broad amendment. This amendment is lative efforts to bring greater attention flement that I stand here yet again in not just dangerous for women, it is also to this bicentennial celebration. My the year 2012 to draw a line in the sand dangerous to our children, and chil- colleague Congressman RUPPERSBER- against another outrageous attempt to dren’s health groups are opposing this GER and I were sponsors of the Star roll back women’s access to basic amendment because vaccines could be Spangled Banner Commemorative Coin health care services. denied on the basis of personal belief. Act, signed into law by President After insisting that we debate the Denying childhood preventive care Obama in August 2010, directing the long-settled concept of provided access could negatively influence their health U.S. Mint to create coins commemo- to birth control, when 99 percent of as adults, adding billions of dollars in rating this important anniversary. American women use this medication additional health care costs through- These gold and silver coin designs are at some point in their life, many of out the lives of these children as they emblematic of the War of 1812, particu- whom use it not even for contracep- grow. larly the Battle of Baltimore that tion, Republicans have chosen to take We will not stand for these attempts formed the basis for the lyrics to our another extreme step to roll back all to undermine the ability of a woman to National Anthem. The coins are set to women’s health care rights. So instead make her own decision about what is go on sale in March and will be sold of talking about how to grow our econ- best for her and what is best to protect only during this year. The surcharges omy, we are wasting time on the latest her children. If our Republican col- from these commemorative coins will overreach and intrusion into women’s leagues want to continue to take this provide support to the Maryland War of lives. When will my colleagues under- issue head on, we will stand here as 1812 Bicentennial Commission to con- stand this very nondebatable fact, that often as necessary to draw a line in the duct bicentennial activities, assist in the decisions of whether a woman sand and to make it known that in the educational outreach, and preserve takes one medicine or another, or what Senate we oppose these attacks on sites and structures relating to the type of health care she should have ac- women’s rights and women’s health. War of 1812. cess to, should not be the decision of And even if House Republicans are not I am also planning to introduce with her boss—a commonsense, simple prin- going to allow women’s voices to be my colleagues Senator PORTMAN, Sen- ciple, that bosses and employers should heard in their hearings, women’s voices ator KERRY, and Senator MIKULSKI a not make these very personal deci- will surely be heard all across our resolution to mark this occasion, to sions. What could be more intrusive country. celebrate the heroism of the American than that? It is time to agree that women de- people during the conflict, and to rec- Let me be clear. This debate, as the serve access to preventive health care ognize the various organizations in- Presiding Officer said in his remarks, services regardless of where they work volved in organizing commemorative has nothing to do with religious free- and who their boss is. It is time to events in Maryland and throughout the dom. You do not have to take it from agree to get back to work on legisla- United States in the coming years, in- me. Take it from the Supreme Court. tion that can create jobs and get our cluding the U.S. Armed Forces, the Na- Take it from Justice Antonin Scalia, economy moving. That is what the tional Park Service, and the Maryland one of the most conservative Justices American people want us to be debat- War of 1812 Bicentennial Commission. of our Supreme Court. ing. That is what our mission should be As we recognize all these ongoing ef- In the majority decision in 1990, Em- here in Congress, and that is where our forts during this commemorative pe- ployment Division v. Smith, Justice sole focus should be, not on under- riod, I encourage all Americans to re- Scalia wrote, ‘‘We have never held that mining protection and well being for member the sacrifice of those who gave an individual’s religious beliefs excuse America’s women. their lives to defend our Nation’s free- him from compliance with an other- I yield the floor. dom and democracy, and to join in the wise valid law prohibiting that the f bicentennial celebration of our victory State is free to regulate.’’ And that is in the War of 1812. exactly what we are seeing here. Em- CONCLUSION OF MORNING With that, I yield the floor. ployers cannot pick or choose what BUSINESS The PRESIDING OFFICER (Mr. laws they are going to follow. Employ- The PRESIDING OFFICER. Morning SCHUMER). The Senator from California ers cannot pick or choose if they want business is closed. is recognized. to follow this labor law or that labor f f law. They have to follow the law. MOVING AHEAD FOR PROGRESS IN This extreme amendment Repub- ORDER OF BUSINESS THE 21ST CENTURY ACT licans are bringing up for a vote tomor- Mrs. BOXER. Mr. President, could row makes it clear that this is a polit- The ACTING PRESIDENT pro tem- the Presiding Officer tell me what the ical and ideological overreach, not a pore. Under the previous order, the pending business is? Are we on the religious issue. The fact that they want Senate will resume consideration of S. Transportation bill at this time? to exempt all businesses from pro- 1813, which the clerk will report by The PRESIDING OFFICER. The ma- title. jority has 4 minutes in morning busi- viding any preventive care for a woman is outrageous and a clear, callous dis- The legislative clerk read as follows: ness. A bill (S. 1813) to reauthorize Federal-aid Mrs. BOXER. All right. I suggest the regard for the health and well-being of America’s women. highway and highway safety construction absence of a quorum. programs, and for other purposes. The PRESIDING OFFICER. The The Blunt amendment would allow Pending: clerk will call the roll. any insurer or employer to refuse cov- The legislative clerk proceeded to erage for any health care service other- Reid amendment No. 1730, of a perfecting call the roll. wise required under the Affordable nature. Care Act, jeopardizing vital and nec- Reid (for Blunt) amendment No. 1520 (to Mrs. GILLIBRAND. Mr. President, I amendment No. 1730), to amend the Patient ask unanimous consent that the order essary health care services for millions Protection and Affordable Care Act to pro- for the quorum call be rescinded. of Americans, services such as prenatal tect rights of conscience with regard to re- The PRESIDING OFFICER. Without care that help our babies survive; fer- quirements for coverage of specific items and objection, it is so ordered. tility treatments; testing for HIV; services.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2429 Mrs. BOXER. As the senior Senator an amazing colleague, who has been a provide insurance for your people, it from New York relinquishes the chair voice of reason, a voice of progress, must include a list of essential health to his colleague from New York, I want over the many years she has served. I care benefits and preventive health to thank both of them for their amaz- have served with her in the House and care benefits. ing leadership in every issue we turn to the Senate, I do not know, decades. I Let me read you the list of essential today. will miss OLYMPIA SNOWE. But let’s lis- health care benefits that people of Senator SCHUMER’s work to help us ten to what she said. She said: This America are going to have unless the bring this transportation bill to the place has become so polarized, so par- Blunt amendment passes and takes floor is exemplary. And Senator SCHU- tisan we cannot move forward. this away. This is the list of essential MER knows, as Senator GILLIBRAND I would submit to you that the situa- benefits the Blunt amendment would knows and every one of us knows, we tion we find ourselves in at this mo- take away: Emergency services, hos- cannot have a strong economy if we ment is exhibit A on why someone such pitalization, maternity and newborn cannot move goods, if we cannot move as OLYMPIA SNOWE is saying this has care, mental health treatment, preven- people, if commerce comes to a halt. been a privilege and a wonderful thing, tive and wellness services, pediatric So we have to pass a transportation but I think I am going to move on. Be- services, prescription drugs, ambula- bill to make sure our highways are ade- cause here we have a highway bill that tory patient services, rehabilitative quate, our bridges are safe, our com- is completely bipartisan. And again, services and devices, and laboratory merce can move, and our transit sys- my colleague in the chair from New services. tems can carry people from one place York, Senator GILLIBRAND, is a very These are categories of services that to another. important member of the Environment health insurance plans must cover I want to say to my colleague who is and Public Works Committee. We under health care reform. But if the now sitting in the chair, Senator GILLI- passed a bill out of our committee with Blunt amendment passes—and we know BRAND, that I listened to her remarks. a vote of 18 to 0. We had 100 percent it started because of birth control, but I am very touched by them. She talked support in a polarized time because ev- it has reached beyond that to every about women’s voices, and she is dedi- erybody understands we have to make single essential health benefit that any cated to ensuring they are heard. Let sure we have a No. 1 transportation employer in this Nation, if Blunt me assure my friend that her voice has system, a class A transportation sys- passes, could say: I do not want to do been heard on this and so many other tem in this great country of ours, a vi- any of these. I do not want to do some important issues. And it is an effective sion that was first brought to us by of these, because I have a moral objec- voice. She was the one who came to me Dwight Eisenhower in the 1950s when tion. when the Republicans started to say he said, we have to be able to have a So if you worked for an employer they did not think it was necessary for network of national highways. who believes that prayer is what we women to have access to birth control So here is a bill that comes out of the need to cure illness—and by the way, with no copay through their insurance, EPW Committee 100 percent bipartisan. that is their right. I would fight for and said: BARBARA, do you understand The section that dealt with banking their right to believe that. They would that a full 15 percent of women are pre- comes out of the Banking Committee be able, however, to tell you that that scribed birth control pills because they 100 percent bipartisan. It comes out of is your alternative, and they do not want to avoid ovarian cancer, they the Finance Committee very bipar- have to provide any of those essential want to make sure that a cyst on an tisan, not 100 percent but very. And in health benefits in their insurance plan. ovary does not get out of control, they Commerce it had a problem, which we The other thing the Blunt amend- want to avoid debilitating monthly have rectified, and it is now bipartisan. ment does is it says that no more pre- pain, and even it is used for terrible So four committees have done their ventive health benefits will be re- skin conditions? work on the transportation highway quired. Under the law, these are the So when we hear our colleagues talk bill, and all of them have been bipar- preventive health benefits that are re- about birth control as if it is some un- tisan. So we come to the floor—I think quired to be offered to you. You do not necessary prescription—although you this is now the third week or the sec- have to take them if you are an em- never hear them say it when it comes ond week on the bill—the second week ployee who has an objection to any of to Viagra, I would note—let me point on the bill—and we have gone nowhere, these things. You do not have to do it, out it is necessary. We will be on our because in order for us to move for- but they have to be offered to you: feet day after day, month after month, ward, the Republicans are insisting on Breast cancer screenings, cervical can- hour after hour, and minute after a vote to take away women’s health cer screenings, hepatitis A and B vac- minute, because we are not going to let care. So Senator REID said to them: cines, measles and mumps vaccine, them take away medicine from women. Fine. We will vote on it Thursday colorectal cancer screening, diabetes Oh, no. They are not. They will not. morning. But let it be known through- screening, cholesterol screening, blood And the women of this country will not out this land what is going on. pressure screening, obesity screening, have it. They are engaged in this de- Sometimes people tune in and they tobacco cessation, autism screening, bate. They understand it. My friend say: Oh, it is so complicated, I cannot hearing screening for newborns, sickle from New York has been an incredible follow it. It is not complicated. Here is cell screening, fluoride supplements, voice. where we are: We have a bipartisan tuberculosis testing for children, de- So here we are. We are on the high- bill, 2.8 million jobs are at stake. We pression screening, osteoporosis screen- way bill. You may wonder, why is it have to do it. The transportation bill is ing, flu vaccines for children and the that the Senator from New York came going to expire, the authorization, so elderly, contraception. and talked about the issue of birth con- we will not have any program in place Contraception is a preventive health trol and women’s health when we are March 31. We have to do this work, and benefit because we know it prevents on a highway bill? Well, here is the we cannot move forward unless we unintended pregnancies and prevents news: My Republican colleagues are so have a vote on a polarizing amend- abortion and prevents illness. Fifteen intent on taking away women’s rights, ment—a polarizing amendment. percent of people take it to prevent ill- rights to health care, that they in- How did it come about, this polar- ness. Also, well-woman visits, HPV sisted on having a vote to take away izing amendment? It came about be- testing, STD screening, HIV screening, these rights before they would allow cause we passed the health care law breast feeding support, domestic vio- the highway bill to move forward. Can that made some incredible break- lence screening, and gestational diabe- you imagine? throughs. Two of the biggest break- tes screening—all of these have to be I think it appropriate that at this throughs, I think, in that bill is that provided. But if you don’t want to take point I pay tribute to my colleague, we for the first time said to insurance contraception, you can say, no; I am Senator OLYMPIA SNOWE, who has been companies and employers: When you not interested in that. If you don’t

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2430 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 want to have your child to have a vac- know, they serve a broad array of peo- woman she needs to be lectured by cine—personally, I think that is ter- ple. They hire a broad array of people, some stranger on her own personal de- rible—but you don’t have to. But that not just people of one faith but of cisions, right away you are questioning is what is required. many faiths and of many points of her worth. So the issue goes so far be- Under the Blunt amendment, let’s be view. They raised the question, saying: yond the ability to obtain birth control clear. Any employer who simply says We don’t feel comfortable. The Presi- pills. The issue goes so far beyond that. they have a moral objection can say: dent came up with a compromise that It really does. You can stand up here Sorry, see this list. We are not going to has been embraced by Catholic Char- and say it is not about women’s health, do 6, 7, 8, 9, or 10 things here. For ex- ities, Catholics United, and the Catho- it is really about religious freedom, but ample, obesity screening, we believe lic Health Association. The only group as PATTY MURRAY, my colleague from that is your problem, and we have a that doesn’t support him are the Washington, has said: When they say it moral objection to that. Colorectal bishops. is not about contraception, it is about cancer screening, I have an objection If I could respectfully say to them, contraception. to that because, again, my religion they don’t deliver the health care serv- Others have said: When they say it is says it doesn’t do any good. ices; Catholic Charities does, and the not really about the money, it is really This is why Blunt is so dangerous. It Catholic Health Association does. They about the money. When they say it is is about denying women the absolute represent thousands of providers. So not really about politics, it is about right to have contraception offered to they have embraced the President’s politics. them—it does that, but it does a lot compromise. But not my Republican This is about contraception, making more than that. Again, we are on a friends. They didn’t. They want to it difficult for women who don’t have highway transportation bill. It is 2.8 cause trouble and take away the abil- the means to have some sense of con- million jobs. It came out of four com- ity for women to have access to contra- trol over their reproductive lives and mittees, and it is bipartisan. It will ception, without a copay—while they to be able to access a pill that could keep this country moving. It will keep support supplying Viagra to men. It is help them live a healthier life and live this economy going. stunning. longer and free of pain. Madam President, I want you to I think this is rippling across the So they will come and say: Oh, Sen- imagine one Super Bowl stadium filled land. I don’t know if we have the ator BOXER, this isn’t about contracep- with people. Think about what that photo—I don’t think we have it on the tion; it is about religious freedom. The looks like in your mind’s eye. Every floor—of the last panel that was held in President has taken care of the reli- seat in that stadium is filled. Now the House, and my friend from New gious objection. I described how he did imagine 15 of those stadiums filled. York talked about it. We do have it. it, and I will say it again. He said if That is how many unemployed con- This is a picture. A picture is worth you are a religious institution, you struction workers there are in this 1,000 words. This is a panel on women’s don’t have to provide contraception. If great country today. health focused on contraception. Where you are a religiously affiliated institu- Yes, we are making progress. Yes, are the women? Where are the women? tion, there will be a way for a third President Obama took us out of the One, two, three, four, five men; they party to deal with it. The Catholic worst recession since the Great Depres- are talking about women’s health care. health organizations support it, Catho- sion that he inherited. Yes, he turned Not one of them ever had a baby. Not lic Charities. He has come up with a it around. But he and we say, we have one of them ever had a monthly cramp. compromise. There is no reason to have to do more. We cannot just say, be- They are talking about women’s health this polarizing debate. Everybody cause we are creating jobs now, it is care like they know all about it. should have religious freedom, includ- enough. The President knows it; we The chairman, Chairman ISSA, didn’t ing the employees, including the boss, know it. We were bleeding 800,000 jobs see immediately that there was a prob- including everybody. So no one under when he took over, and now we have lem. There was a woman sitting there, the President’s plan is forced to do stemmed it and we are creating a cou- and she asked to be heard. She said, ‘‘I something they don’t want to do. We ple hundred jobs a month—100,000, have a story to tell this panel.’’ Oh, no, just want to make sure when the Insti- 200,000—thank goodness. We have cre- he didn’t want to hear from her. He tute of Medicine tells us that avail- ated, in the last 6 months or so, hun- said she wasn’t qualified. Do you know ability to contraception saves lives and dreds and hundreds of thousands of what her story was? It was about how protects health, women get a chance to jobs. a friend of hers who was denied the get it if they want. If they don’t want Here is the point: Why on Earth contraceptive pill and instead devel- it, they don’t have to get it. Of course would we take a U-turn as we are on oped a terrible tumor on her ovary. He not. the road to economic recovery, as we didn’t think that was worthy of discus- Again, I will end where I started, are on the road to a bill that is abso- sion. talking about my colleague OLYMPIA lutely necessary, and take up the issue This issue is rippling through the SNOWE, who is retiring, not running of women’s health? I am telling you, I land. It says everything to me. We again, because she said we are so polar- believe it is radical. I believe it is tak- women in the Senate are not going to ized. This is exhibit 1. We are on a ing us backward. I believe it is hurtful allow this to go unnoticed. That is a transportation bill that is bipartisan, to women. I call on every woman, re- symbol of what is happening to women but the other side can’t let it rest, can- gardless of political party, to make in this country. In the very States that not move forward on it, and cannot your voice heard against the Blunt are passing legislation that some have move to make sure our businesses and amendment. You are being attacked. dubbed ‘‘State rape,’’ because it would our workers have a brighter future. Oh, What the President did in dealing require a woman to be subjected to an no, they have to delay it. with the issue of contraception showed invasive vaginal probe without her con- By the way, it is not only with this the wisdom of Solomon. He basically sent, now they are backing off. That birth control amendment and women’s said: If you are a religious institution was the bill that almost passed in the health amendment but with other and you have an objection to offering Virginia Legislature. Now they have amendments that have nothing to do contraception, you don’t have to do it. said: OK, it is a sonogram. There is an- with the subject. It is what makes the So 335,000 churches are exempt. I feel other way to do it. It took women cry- American people wonder what we are sorry for the employees who may not ing out and saying: Wait a minute. Are doing here. agree with the church, but they work you kidding? And they are backing off. I want to show some charts that deal for the church and therefore that is the Well, they better back up overall be- with transportation issues right now. I rule. cause this is the 21st century. Women will continue talking about OLYMPIA Religiously affiliated hospitals and should be trusted and respected and SNOWE for a minute. I went through universities raised a question—you honored and believed. When you tell a some of the issues that I worked on

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2431 with her. I want to talk about them. person to replace Justice Souter. . . . Women filled with unemployed construction She and I wrote the Airline Passenger make up more than half of our population, workers. This is the number: 1.48 mil- Bill of Rights Act. We were very strong but right now hold only one seat out of nine. lion construction industry workers un- because we knew our constituents were . . . This is out of balance. In order for the Court to be relevant, it needs to be diverse employed. The unemployment rate is getting stuck on aircraft hour after and better reflect America. 17.7 percent among construction indus- hour, stuck on the tarmac, with no Then, of course, the President nomi- try workers; whereas, the national un- food, kids screaming, nightmare sce- nated Sonia Sotomayor and we were employment rate is 8.3 percent. We narios, 9, 10 hours on the runway. We very excited about that. know the housing sector is still having thought passengers deserved a bill of So it was wonderful to work with her major problems getting out of the funk rights. on that, and we worked together on re- it is in. It is tough. So we have to do We worked with outside groups, some specting human rights in Tibet and led this bill. wonderful people. Lo and behold, it 27 Senators in a letter to Chinese lead- I have a picture, just in case your passed as part of the FAA bill that fi- er Hu Jintao asking that Tibetans be mind’s eye wasn’t able to conjure it up. nally got enacted. We didn’t get 100 respected. Regarding women in Afghan- Here is a picture of a stadium filled percent of what we wanted, but we got istan, we worked together to ask Af- with about 100,000 people. So 15 of these 90 percent. I was proud to work with ghan leaders to revise a law that would stadiums would basically reflect all the her. legalize marital rape and impose other unemployed construction workers. In 2009, following a tragic Buffalo Taliban restrictions on Shiite women Which are the groups that are sup- commuter plane crash, which I know porting us and are they bipartisan? Oh, the occupant of the chair remembers, in Afghanistan. This is just a partial list of issues I my goodness. I don’t think I could Senator OLYMPIA SNOWE wrote a bill to have worked on with OLYMPIA SNOWE, share with everyone a more bipartisan implement the recommendations of the and I will do a longer tribute for the list of organizations than the AAA, the National Transportation Safety Board record at a later time. American Association of State High- to make sure these pilots get enough But, again, as I heard this news, I way and Transit Officials, the Amer- rest and that they are well-trained. We was first filled with worry about her ican Bus Association, the American were very pleased that moved forward. health, and I hoped she was OK. But Concrete Pavement Association, the We worked together—OLYMPIA and I— she has clarified she absolutely is. So I American Council of Engineering Com- on the Purple Heart for POWs to make wish her nothing but the best. I know panies, the American Highway Users sure the Purple Heart included pris- she will always work on issues because Alliance, the American Moving & Stor- oners of war who died in captivity and she is so good at looking at a problem age Association, the American Public they could get that to bless their mem- and solving it and not thinking first Transportation Association, the Amer- ory. ican Road and Transportation Builders We worked together against the glob- whether it is Democratic or it is Re- Association, the American Society of al gag rule. publican or where it falls on the polit- We worked together and wrote a let- ical scales. So I have appreciated work- Civil Engineers—and it goes on and ter to the President—President ing with her on so many of these im- on—the trucking association, the Met- Obama—asking him to appoint a portant issues that have come before ropolitan Transportation Organiza- woman to replace Justice David us. tions, Commercial Vehicle Safety Alli- Souter. I think the Senate should take a ance, Governors Highway Safety Asso- I ask unanimous consent to have minute to think about this in relation ciation, International Union of Oper- printed in the RECORD this letter I will to this bill. The whole world is watch- ating Engineers, Motor & Equipment be quoting from. ing us. When I say that, I don’t mean Manufacturers Association, National There being no objection, the mate- the whole world literally, but I think Asphalt Pavement Association, Na- rial was ordered to be printed in the the country is watching us. Why do I tional Association of Development Or- RECORD, as follows: say that? Because 1,000 groups have en- ganizations, U.S. Chamber of Com- U.S. SENATE, dorsed our moving ahead with this merce, National Stone, Sand & Gravel Washington, DC, May 11, 2009. bill—a coalition of 1,075 organizations Association, National Construction Al- The PRESIDENT, from all 50 States. Here is what they liance. The White House, said about this Transportation bill: Oh, it goes on. That is just a partial Washington, DC. There are few Federal efforts that rival the list of those 1,000-plus organizations. DEAR MR. PRESIDENT: The announced re- potential of critical transportation infra- When we started our bill the Pre- tirement of United States Supreme Court structure investments for sustaining and siding Officer will remember we made Justice David Souter—an outstanding ju- creating jobs and economic activity. history because we had Richard rist—has left you with the crucial task of nominating someone for a lifetime appoint- This is what they wrote. So they Trumka, the head of the AFL CIO, sit- ment to our nation’s highest bench. know this is the way to sustain and re- ting next to Tom Donohue, the head of The most important thing is to nominate vive economic activity. This is what is the U.S. Chamber of Commerce. an exceptionally well-qualified, intelligent at stake: Right now, 1.8 million jobs Donohue and Trumka, the odd couple. person to replace Justice Souter—and we are are created because we have a trans- They are fighting and arguing on ev- convinced that person should be a woman. erything. Yet they came together in Women make up more than half of our pop- portation bill. That bill ends March 31. ulation, but right now hold only one seat out So 1.8 million jobs are at stake if we front of our committee because they of nine on the United States Supreme Court. don’t act. Because of the way we wrote know we will all benefit. All of Amer- This is out of balance. In order for the Court our bill, we leveraged funding, and this ica benefits when we do a bill such as to be relevant, it needs to be diverse and bet- gained great bipartisan support. We this. ter reflect America. have greatly increased the TIFIA Pro- I think I have shared a lot, but there Mr. President, we look forward with great gram, which is the transportation in- is one more point. If we allow this bill anticipation to your choice for the Supreme frastructure financing program, which to go away, and we are stuck with an Court vacancy. Sincerely, leverages funds by 30 times. Because of extension because the transportation BARBARA BOXER, this, we believe we will see another 1 fund is not collecting enough gas tax U.S. Senator. million jobs created. So we are talking revenues—and there is a good-news rea- OLYMPIA J. SNOWE, 2.8 million jobs that are at stake. Yet son for that, which is we are getting U.S. Senator. we have an amendment on women’s better fuel economy and we are using Mrs. BOXER. I am so proud of this health. I just keep coming back to how public transit a lot more, so the gas letter we wrote together. In the letter, insane that is. tax is not coming in at the rate it nor- we said: I also wish to note again the many mally does—we will be down 35 percent The most important thing is to nominate unemployed construction workers. Re- in the fund. So right away—right an exceptionally well-qualified, intelligent member, I said 15 stadiums could be away—631,000 jobs are gone. But what

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2432 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 is so great about our bill is that four together, that is not true. Senator after week to talk about the health committees, including the Finance INHOFE and I are as far away from each care law and offer a doctor’s second Committee, filled the gap in a way that other politically as two human beings opinion about this health care law. I do was bipartisan. can get, but we teamed up and put that as someone who has practiced Our story is a great story to tell. If I aside our ideologies, put aside our pet medicine in Wyoming, taking care of had to tell my grandkids a story, I peeves, put aside things that, perhaps families across the Cowboy State for would say: Once upon a time in Amer- in our hearts, we truly wanted to do on about a quarter of a century, and I do ica, we didn’t have a national road sys- this bill, and we met in the middle. He it today because we are now approach- tem. But a Republican President was over here and I was over here and ing the second anniversary of the named Dwight Eisenhower had a vi- we ended up right in the middle. We President’s health care law, and, as sion. He was a general. He knew it was said: We can do this, and we proved we predicted by many on my side of the important to move things in a reliable could do it. It was a challenge that was aisle, the negative results continue to way, and he had a vision of a national put to us by the leadership of both our roll in and billions of taxpayer dollars transportation system, and everybody parties and we met that test and other continue to roll out. in the country said: What a great idea. committees met that test. Each week we learn more about how So we started to have a bill every few So here we are. Are we now to say to this law is going to break another one years to authorize a highway fund. committee chairs and ranking mem- of the President’s promises. He made a Then somebody came up with the no- bers, Republicans and Democrats alike, lot of promises, one of which is he said tion of it being funded by the users, so forget about it? It is not worth it. it would not add a dime to the deficit. that the gas tax would go—part of it— Work your heart out. It is now clear that the White House to this fund and we would have enough I pay tribute to my staff, my Demo- and Democrats in Congress completely in that fund to build our highways and cratic staff, and to Senator INHOFE’s underestimated—possibly intentionally our bridges, and then, later on, our Republican staff. They worked night but certainly vocally underestimated— transit systems. People said: We have a after night after night to come to- how much the President’s new entitle- lot of wear and tear on the roads. What gether on this bill. Then we were given ment program is going to cost the if a lot of people took public transit an assignment 2 weeks ago to resolve American people. and got out of their cars? It would be the germane amendments and they I come week after week because better for the air quality. It would be have come together and they have re- NANCY PELOSI said, ‘‘First you have to better for everybody and for the state solved I don’t know how many but doz- pass it before you get to find out what of the roads, and so they were married ens of amendments. So is the message, is in it.’’ This past week a story came up, highways and transit and bridges. work your little hearts out, have your out that talks about the high-risk Now we have to live up to that legacy staff give up their nights with their pools, designed and established to and not bog this bill down with birth families and come up with a bipartisan cover people who were not able to buy control amendments and women’s bill and all of a sudden have it sub- health insurance in the individual mar- health amendments and amendments jected to some polarizing amendments ket prior to the health care law. The about Egypt or anything else. There is that have nothing to do with the sub- goal was admirable. The plan, though, time for that. We don’t mind those bat- ject? they came out with was horrible. tles but not on this bill. Infrastructure Please, let’s not see this bill go down. First, the new Obama high-risk plans is the name of the game. We all know Because if this bill goes down, let me created more bureaucracy, more gov- it—Republicans and Democrats. tell you, I, for one, will go to as many ernment, and undermined what States So I say, let’s stop playing games cities as I can and counties in this like mine, Wyoming, were already suc- with this bill, please. Let’s dispose of country and tell the truth about what cessfully doing. this birth control amendment, this happened. There is no reason for us not Next, the White House and the Demo- women’s health amendment. It doesn’t to get this done, especially when we crats who crammed this bill through belong on here. But if that is what it have the Chamber of Commerce work- Congress and down the throats of the takes to get us off dead center, fine, ing with the AFL CIO, we have Repub- American people set aside $5 billion for let’s go. To coin OLYMPIA SNOWE’s lican-leaning business organizations this program. The money was supposed phrase, it will be polarizing. It will not working with Democratic-leaning to last, they said, until 2014—no prob- be pretty, but we will dispose of that worker organizations all throughout lems. The bad news is that the Medi- and then we will move on and dispose this country—over 1,000 of them. I talk care’s Chief Actuary, the official who of this bill. to them every week to say thank you actually tracks the spending that goes I hope we will not have to face 5, 10, to them for keeping the pressure on all on as a result of this law, estimates 20, 30 unrelated amendments. I hope we of us to keep moving forward. When we now that the funding could run out can get it down to a small number and have that kind of bipartisanship in our much earlier than expected. move on. Let’s pass this bill, lift the committees, when we have that type of Last week the Washington Post ex- workers and lift our businesses. Every bipartisan bill on the floor, when we plained how this could happen. It re- dollar, almost—most of the dollars— have that type of bipartisan support in ported that ‘‘medical costs for enroll- goes straight to the private sector the country, it is time to move forward ees in the health-care law’s high-risk through our States, through our local and get the job done for the American insurance pools are expected to more entities. people. than double initial predictions’’—more Then let’s hold our head up high I thank the Chair, and I suggest the than double the initial predictions by when we go home. So when I go to the absence of a quorum. the Democrats who voted for this supermarket I don’t have people com- The ACTING PRESIDENT pro tem- health care law. So the cost for enroll- ing to me and saying: What is going on pore. The clerk will call the roll. ees are expected to be more than dou- over there? Birth control on a highway The assistant legislative clerk pro- ble what the White House and the bill. What, are you kidding? I don’t ceeded to call the roll. Democrats predicted when they drafted want to have those conversations every Mr. BARRASSO. Madam President, I the law, as the American people re- time I go to the supermarket. What are ask unanimous consent that the member, behind closed doors. these guys thinking, they say. I say: I quorum calm be rescinded. The President promised this would be don’t know. I can’t speak for them. I The ACTING PRESIDENT pro tem- open—C–SPAN—people would be able think it is an agenda that appeals to pore. Without objection, it is so or- to see the discussions and the debates. the far right of this Nation. It is not a dered. Everything was done behind closed mainstream way to go. A SECOND OPINION doors. Yet our debt as a nation con- In closing now, for those who say Re- Mr. BARRASSO. Madam President, I tinues to skyrocket. It is completely publicans and Democrats never work come to the floor today as I do week unsustainable, and it is irresponsible.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2433 You know, it could have been pre- with health care reform that allows The PRESIDING OFFICER (Mr. vented if the White House and Congress Americans to have a bigger say, a pa- FRANKEN). The clerk will call the roll. had just let the American people par- tient-centered health care approach. The bill clerk proceeded to call the ticipate in the process. It is interesting. When you look at roll. So here we are, 2 years later, a sec- this USA TODAY article, there is a pic- The PRESIDING OFFICER. The Sen- ond anniversary coming up of a health ture of a family, a father and mother ator from Massachusetts. care law, a law that the American peo- and three children. Robert Hargrove of Mr. BROWN of Massachusetts. Mr. ple are now learning what is in it be- Sanford, NC, said: You have to have in- President, I ask unanimous consent cause, as NANCY PELOSI said, ‘‘First surance or pay a penalty? ‘‘That is not that the order for the quorum call be you have to pass it before you get to the way the country was set up.’’ rescinded. find out what is in it.’’ That tells the story I heard around The PRESIDING OFFICER. Without The American people also know that the State of Wyoming last week as I objection, it is so ordered. this administration and this President traveled, as other Members traveled CROWDFUNDING and this Congress used about every around their home communities, their Mr. BROWN of Massachusetts. Good budget trick and accounting gimmick home States. They remember the morning to you, Mr. President, and ev- in the book to turn it into law. They President’s promises. He promised, No. erybody in the gallery. I wanted to ignored the real costs, they ignored the 1, that the cost of insurance for fami- thank Majority Leader REID for high- red flags, and they ignored reality. Two lies would go down. The President lighting next week’s Banking Com- years later, the American people un- promised it would go down by $2,500 per mittee hearing on small business derstand that we cannot afford the family per year. That is not what the growth. It is something all of us have a high cost of the President’s health care American people have seen in the last very dear and great concern with. One law and health care mandates. The 2 years since it has been passed. They of the issues that will be discussed is a longer it stays in place, the more ex- remember the President promising concept called crowdfunding. People pensive it will get. that if you like the care you have and may be saying: What is crowdfunding? That is one of the reasons Americans the insurance you have, you can keep Well, if you ever wished that you had from both sides of the aisle are speak- it. That is not what American families the opportunity to invest in a ing out against this health care law. are finding. Broken promise after bro- Facebook or a Google or new idea be- When I say both sides of the aisle, I ken promise. fore they hit it big, wouldn’t that be want to talk about a recent USA Now, with the Chief Actuary coming nice? We would all be multibillionaires. TODAY/Gallup Poll. This was Mon- out this past week in the Washington My Democratizing Access to Capital day’s—Monday, February 27—USA Post, reporting that the high-risk pool bill, S. 1791, would expand entre- TODAY, front-page story, right at the is doubling the costs that were pre- preneurs’ access to capital by democra- top: ‘‘Health Care Law Hurts Obama.’’ dicted—once again, the President tizing access to startup investing so My concern is that the health care promised that it would not add a dime they can have the funds to grow and law is hurting the American people. to the deficit—another broken Obama create jobs. That is what the impact of this law is. promise. The House passed a crowdfunding bill It is hurting the American people. Here we are. I go to townhall meet- 407 to 17. So you know they must be on What the poll shows is that a clear ings, visit with people, and ask for a to something when they can pass some- majority of registered voters call the show of hands: How many of you be- thing in such a bipartisan manner. The bill’s passage ‘‘a bad thing.’’ They sup- lieve that under the President’s new President referenced it in his State of port its repeal if a Republican wins the health care law, your costs are going to the Union. He supports crowdfunding, White House in November. go up? Every hand goes up. Obviously, and public support for crowdfunding is, Eleven percent of voters in battle- they do not believe what the President in fact, exploding. ground States have said the law has ac- has told them. On Monday I hosted a roundtable in tually helped their families, but 15 per- How many of you believe that as a Boston at City Hall on small business cent say it has hurt them. Looking result of the new health care law, actu- access to capital, and I listened to ahead, they predict by a number of 42 ally the quality of your care and the small business owners and entre- percent to 20 percent, so two to one, availability of your care will go down? preneurs and investors to get their that the law will make things worse Again, every hand goes up. thoughts and concerns about business rather than better for their families It is not what the President promised growth, about investing, about the ac- and for their lives. the people of this country. cess to capital, and it was a very suc- Americans overwhelmingly believe That is why, when the USA TODAY cessful event. They all had one thing to the individual mandate, which is a key headline on Monday says ‘‘Health Care say and that was: If we can’t get behind part of the Obama health care law, is Law Hurts Obama,’’ my concern is that the bipartisan, commonsense idea of unconstitutional, the mandate that it is hurting the American people. Peo- crowdfunding, then what can we actu- every American must buy insurance. ple asked for health care reform in this ally agree upon and how can we expect Americans believe it is unconstitu- country. What they asked for was the small businesses to grow? tional by a margin of 72 percent to only care they need, from the doctor they With such strong support, I believe 20 percent. An overwhelming number of want, at a cost they can afford. This we should put, once again, partisan Americans believe that what this Sen- health care law has provided none of politics aside and focus on what we can ate and the House, under Democratic those things. This health care law is do to help small businesses as we have control, and the President in the White bad for patients, it is bad for pro- done with the 1099 fix, the 3-percent House, Barack Obama, have forced on viders—the nurses and the doctors who withholding, the Hire a Hero Act, the the American people—they believe, and take care of those patients—and it is most recent insider trading STOCK I agree with them—is unconstitutional. terrible for the American taxpayers. Act. All of my bills, all the things I Even a majority of Democrats and a That is why I come to the floor week have worked on, we did in a bipartisan majority of those who think the health after week with a doctor’s second opin- manner. When the leader let them care law is a good thing believe that ion, saying it is time to replace this come to the floor and allowed us to provision—that people across the coun- health care law with reforms that will work them through, they passed 96 to 3 try be forced to buy health insurance put health care under the control of pa- and 100 to 0. It shows that the Senate or to buy any product—is unconstitu- tients—not insurance companies, not can work together regardless of our po- tional. government, but under the control of litical differences, our geographical lo- Instead of heaping more debt on the patients. cations, our belief on where we are be- backs of the American people, we need Madam President, I yield the floor, cause we are Americans first. These are to repeal the law. We need to replace it and I suggest the absence of a quorum. things the business communities are

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2434 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 looking at to move our country for- vestment? This makes no sense at all. I would ask the majority leader to ward. This will cause investors to use crowd- also include my bill when he is moving Next Monday I am hosting a round- funding only when there is no other op- forward because otherwise I am fearful table with an entity called Wefunder, a tion available and will leave them to nothing will move forward. So I am group of innovators who started a peti- switch out crowdfunding investors for looking forward to not only working tion for my bill to discuss crowdfund- venture capital firms at the first op- with Senator MERKLEY but working ing. Their petition currently has 2,500 portunity, therefore, I believe, stifling with the majority leader and his team. supporters who would invest over $6 that crowdfunding opportunity. When I was working on the insider million today if businesses had the op- There was a recent article I read in trading bill, which was my bill and portunity to participate in crowdfund- which Canada’s Government is deeply Senator GILLIBRAND’s bill that we com- ing, but right now it is illegal. concerned about us actually doing this bined, we found that common ground. My bill is a commonsense bill, and I because they are fearful that Canadian We worked together, we managed the want to note that Senator MERKLEY money will be flowing into the United floor, we had an open amendment proc- has also introduced a different crowd- States. Wouldn’t it be nice for once to ess. Everybody walked out of here say- funding bill. It is a good start, but we have money flowing into the United ing: That was nice. When was the last can do a little bit more. I have reached States on something that will actually time we did that? Remember? That was out to his staff, and I have asked my create small business growth in our unbelievable. Everyone had a role. staff to continue to do that. So I think great country? So recognizing that in- Even Senator KIRK, who is recovering, we can work together as Senator GILLI- vestors need protection, my bill does had a role to play and it was good to BRAND and I have, and Senator COCH- require entrepreneurs to offer their se- see him. We can even do it in this bill. RAN and Senator COLLINS worked on curities through regulated crowdfund- Mr. President, I thank you for the the recent insider trading bill. We can ing intermediaries. time. I yield the floor at this time. I do the same with Senator MERKLEY if In addition, my bill requires inter- see that we have a speaker all ready to he is willing and if the leader allows us mediaries to facilitate communication go as well. to put those political party differences between investors and the offerors. I The PRESIDING OFFICER. The Sen- aside and actually work on something believe Senator MERKLEY and I have ator from Virginia. for the benefit of our country. the same concerns in this regard which AMENDMENT NO. 1520 Today I am going to talk about some I believe can be addressed without cre- Mr. WEBB. Mr. President, I ask important principles that I believe are ating a private right of action. It is not unanimous consent that the time from critical to making crowdfunding legis- necessary especially for the amount of 2 to 4 p.m. be equally divided, with lation a success. For crowdfunding to money we are talking about and the Senator BLUNT or his designee in con- actually work, we need a national new business growth opportunities we trol of the first hour and the majority framework, which my bill creates. If can actually stimulate. side controlling the second hour. we require entrepreneurs to comply Crowdfunding depends on small in- The PRESIDING OFFICER. Without with every separate State securities vestments by many, which is why we objection, it is so ordered. law mandate, filing the appropriate pa- must exempt crowdfunding securities Mr. WEBB. Mr. President, I wish to perwork alone would cost over $15,000. from the 500 shareholder cap so we say a few words today about the That is the reason we don’t have this don’t create additional redtape for amendment that is being called the type of situation. In my bill we don’t startups. It makes total sense. Every- Blunt amendment, the purpose of have small business owners being able one talks about overregulation of small which I will read from the amendment, to give up to $1,000 per person, up to $1 business and how that is hurting their to amend the Patient Protection and million to invest in that next new idea growth. I see it, you see it where you Affordable Care Act, to provide rights with minimal SEC filings and minimal live, Mr. President, and in legalizing— of conscience with regard to require- secretary of state filings. It is some- let me repeat—in legalizing crowdfund- ments for coverage of specific items thing that makes sense. We should not ing I believe we can still provide for and services. be burdening our startup businesses, the appropriate level of regulation but I oppose this amendment, and I wish which is where the largest growth is in also give small businesses the access to to be very clear today as to why I op- this country right now, with costly capital they so desperately need. pose this amendment. This is not a bill quarterly reporting requirements. We This is a home run all over the place, that attempts to address the necessary might as well go through the whole and once again I am very pleased the divide between church and state. process of the full SEC filings. It is not majority leader has taken an addi- Let me say that a little more specifi- appropriate, especially until they are tional step to call for the hearing on cally. This is not an amendment that fully off the ground. crowdfunding. When he talked about addresses the necessary divide between The point of crowdfunding is to allow this issue, he referenced Senator the establishment of religion or the entrepreneurs to flourish, not to bog MERKLEY’s bill. I also have a bill. So free exercise thereof as outlined in the them down in an avalanche of paper- why don’t we do it as we did it with the first amendment of our Constitution, work and bureaucracy and redtape. insider trading bill, the Hire a Hero, which is a concept I care deeply about. That is why we are in this mess some- the 3-percent withholding, the 1099, the This amendment, by definition, at- what, because of the overregulation, Arlington Cemetery bill? All of those tempts to widen the restrictions on our the continued regulatory and tax un- things, when we were allowed to work laws from the necessary divide between certainty when it comes to planning in a truly bipartisan manner, we were church and state into the unknown and and growing businesses. able to get done. With all due respect, often indefinable provinces of an indi- In addition, I believe our existing there is no Republican bill that is vidual’s personal definition of con- fraud laws are solid; we just need to en- going to pass right now, and I know science. The amendment is clear on force them. Exposing startup founders that shocks some people. There is no this point. It is a preamble in which it to new personal liability is not going Democratic bill that is going to pass lists its findings, talks repeatedly to work. It will create a real wet blan- either. It needs to be a bipartisan, bi- about the rights of conscience, not the ket on everything we are trying to do cameral bill that the President is going separation of church and state. It in- here from thousands of investors who to sign. That is what I offer, is that vokes Thomas Jefferson’s view of the are investing only a maximum of $500 olive branch, that one good deed that rights of conscience against the enter- to $1,000 and to have them also put in begets another good deed and moves us prise of civil authority. It addresses a personal guarantee for a $500 invest- forward to addressing our very real the purported flaws of the current ment. How does that make any sense problems in a truly bipartisan manner health care law in terms of govern- whatsoever, a quarterly filing, a per- as Americans first and not as Repub- mental infringement on the rights of sonal liability guarantee for a $500 in- licans or Democrats. conscience of insurers, purchasers of

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2435 insurance, planned sponsors, bene- As the Senate’s only working farmer, applies to family farm agriculture and ficiaries, and other stakeholders. It I know how important it is for young allow this country’s youth to learn a then mandates that the right to pro- people to have the opportunity to work solid work ethic. The common sense vide, purchase, or enroll in health care on farms and ranches. I am not alone that goes with that work ethic is so coverage must be consistent with the in that belief. There are many folks critically important to our Nation’s fu- religious beliefs or the moral convic- here who understand the value of fam- ture. tions of these stakeholders. ily farm agriculture. Growing up on With that, I yield the floor, and I Again, let me be clear: This language the same farm that my grandparents suggest the absence of a quorum. goes well beyond the constitutional re- homesteaded nearly a century ago— The PRESIDING OFFICER. The quirement of separation of church and well, it was a century ago this year— clerk will call the roll. state into the area of legislative discre- my brothers and I were expected to bail The bill clerk proceeded to call the tion. Quite frankly, it would be the the hay, pick rocks, feed the livestock, roll. Mr. VITTER. Mr. President, I ask same thing as Congress saying that not do field work, and the list goes on and unanimous consent that the order for only should religious establishments be on. That work ethic that was instilled the quorum call be rescinded. exempted from taxation under the doc- in us as youngsters is a big part of my The PRESIDING OFFICER (Mr. trine of separation of church and state, success today. It was that work ethic UDALL of New Mexico). Without objec- but also that anyone who has a moral that built this Nation and that work tion, it is so ordered. objection that they can define to pay- ethic which I think is critical to the fu- The Senator from Louisiana is recog- ing taxes should not be required to pay ture of America. The skills young peo- nized. them either. There is a place for this ple learn from working on a family Mr. VITTER. I thank the Chair. type of conduct in our legal frame- farm translate into a healthy work (The remarks of Mr. VITTER per- work. It has a long history. It is called ethic that will serve them their entire taining to the introduction of S. 2138 civil disobedience. The act of civil dis- lives, whether they choose to be in ag- are located in today’s RECORD under obedience is protected by our Constitu- riculture or in some other business. ‘‘Statements on Introduced Bills and tion, but the ramifications are not. Un- Family farm agriculture is one of the Joint Resolutions.’’) less there are clear constitutional pro- foundations of this country, and irre- The PRESIDING OFFICER. The Sen- tections, legal accountability remains. sponsibly regulating the ability of ator from Montana is recognized. The effect of this amendment on its young people to fully experience and Mr. BAUCUS. Mr. President, I would face would be that any stakeholder grow from it will be detrimental to this ask, what is the pending business be- could decide to deny health care bene- country’s future. I know firsthand that fore the Senate? fits to any individual on the very loose agriculture is uniquely a family indus- The PRESIDING OFFICER. The definition that to provide such care try in the United States, in Montana, Blunt amendment No. 1520. Mr. BAUCUS. Mr. President, I rise to somehow would violate a personal defi- and throughout rural America. Young object to the Blunt amendment. I be- nition of one’s moral convictions. In people are expected to help out on the lieve this amendment is extreme and it other words, any provider could poten- family farm or ranch. That is part of would undermine the delicate balance tially deny a wide range of benefits to the economics of family agriculture. between religious freedom and a wom- anybody. For smaller farms and ranches to sur- an’s health. It would be a mistake. It This is a vaguely drafted and poten- vive, it has to be everybody pitching goes too far. It would allow any em- tially harmful amendment. It is not in. By participating in production agri- ployer to prevent a woman’s access to about protecting religious institutions culture, young people learn the value mammograms, prenatal care, even vac- or protecting the clear objective and of a day’s work. They also learn that cinations or any other form of preven- understandable parameters of religious grain doesn’t come from a box or vege- tive care. In Montana, my State, 62,000 belief. It should not be approved. tables don’t come from a bag or meat women could lose access to preventive I yield the floor. doesn’t come from a package. They care. I am here to say that is wrong, The PRESIDING OFFICER. The Sen- truly get educated about where our and I am going to go to bat for them. ator from Montana. food comes from while they build that I think a woman should decide for her- Mr. TESTER. Mr. President, I ask work ethic. self and her family what preventive unanimous consent to speak as in These new rules get in the way of care makes the most sense for her. morning business. that education. That is because these As Americans, we believe in indi- The PRESIDING OFFICER. Without rules were not written with a solid un- vidual liberties and equal access to objection, it is so ordered. derstanding of how family production health care. Current policy upholds FARM LABOR agriculture works today. We are losing those values. It preserves the integrity Mr. TESTER. Mr. President, I thank family farms every day in my home- of a woman’s freedom and the right to the Presiding Officer. I also thank the town of Big Sandy, for example. In that access all health care services. It pro- floor managers of the highway bill for community, I went to school with tects the religious liberties that so allowing me a couple minutes and to about 40 kids or so in my high school many Americans, including myself, let them know how appreciative I am class. Today there are about 60 kids in value. And that is why both faith-based of their efforts to move forward on an the entire high school. That is because and health communities support this important piece of legislation—the family farms are getting bigger, and policy—not the Blunt amendment but highway legislation. Nothing creates there are fewer folks living in rural the current policy. The Blunt amend- jobs and makes our economy stronger America. We ought to encourage begin- ment would overturn this. It would in the long run than responsibly in- ning farmers and ranchers, preparing allow any corporation or health plan to vesting in our infrastructure. So I them to be our next generation of food deny women and their families access thank Senator BOXER and Senator producers in this country. to preventive health care for almost INHOFE for their good work and, hope- The proposed rules would expand re- any reason. It is written so broadly fully, that good work will come to fru- strictions on what duties teenagers can that an employer or an insurance com- ition very soon. perform on farms, limiting them. pany could deny access to preventive Last September, the Department of Under these new rules, all animal oper- care for virtually any reason. That is Labor published new child labor regula- ations would be off limits until a per- not right. tions. They would have the effect of re- son reaches 16 years of age. That is a I urge my colleagues to vote against stricting how young folks are able to sad day, a missed opportunity, and a the Blunt amendment. I urge them to work on farms. I am deeply concerned loss of an opportunity for our young protect the health of all Americans. about these new rules which will keep folks to learn. That includes our mothers, wives, sis- teenagers from working on farms and I am calling on the Department of ters, and daughters in Montana and ranches. Labor to withdraw this proposal as it across the country.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2436 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 In Montana, we are very proud to American jobs. In my home State of data-gathering and data-sharing—des- have sent the first woman to Con- Montana, the last highway bill created perately needed. We sought to enable gress—Ms. Jeannette Rankin—in 1916. or sustained more than 18,000 good-pay- States to address safety and mobility We have a very strong tradition in our ing jobs, and nationwide it put approxi- difficulties by seeing what solutions State of respecting women—women mately 35,000 people to work for every have worked in other States. More data who are not only the hearts of our fam- $1 billion invested. So for every $1 bil- will help them better answer those ilies but are also those providing the lion invested, it created 35,000 jobs. questions. For example, why in some fabric of our communities. When we These are not just statistics, these States—my State of Montana—is the support women’s health, we are sup- numbers represent families able to put highway fatality rate 21⁄2 times the na- porting healthy communities that food on the table. They are good jobs. tional average? There are a lot of ideas, could be strong for our kids and our These numbers represent small busi- but what are the real reasons? We need grandkids. nesses able to attract new customers. data to find out. I know these types of investments Let’s uphold our values of liberty. This bill creates for the first time a work because I spent a day working Let women choose for themselves indi- dedicated freight program to address alongside a road construction crew on vidually. It is their responsibility what interstate commerce. Amsterdam Road in Bozeman. They preventive care they think makes the The bill extends a program called most sense for them. And let’s treat all showed me the ropes of running a road grader, a paver, and an excavator. I TIFIA. That is a lending program that Americans fairly. Let’s defend against leverages private sector investment, discriminatory health insurance prac- might say, the grader was really up to date. All I had to do was get in the good investment, building roads and tices, and let’s do so while protecting bridges. History tells us that every $1 everyone’s fundamental rights. grader, move forward, and it was guid- ed by a GPS system that raised the we put in can leverage $30 in private Mr. President, on another matter, I sector investment. ask unanimous consent to speak as in blade, turned the blade, tilted the blade at exactly the right location, and it This bill has no earmarks—no ear- morning business. was a perfect line I made down that marks. Senators BOXER, INHOFE, VIT- The PRESIDING OFFICER. Without road, whereas if I had had to do it by TER, and I worked hard to achieve objection, it is so ordered. myself, it would have been a mess. The agreements, and I thank my colleagues Mr. BAUCUS. In ‘‘Common Sense,’’ GPS made it work. During the work- who serve on the Environment and the American patriot Thomas Paine day, I talked to about a dozen workers Public Works Committee for unani- wrote in 1776 as follows: who said their families depended on the mously approving this bill and its re- The landholder, the farmer, the manufac- project for their livelihood. It was very forms—unanimously. turer, the merchant, the tradesman, and impressive. Their work also had a every occupation, prospers by the aid which I especially would like to applaud each receives from the other, and from the major impact on the community be- Chairman BOXER and Ranking Member whole. Common interest regulates their con- cause Amsterdam Road is one of the INHOFE for their leadership. They cerns, and forms their law. Common interest most traveled roads in the area. worked very hard, and they worked to- produces common security. Investing in our transportation infra- gether. Sometimes people think Wash- In the 240 years since Paine’s pam- structure is investing in our families ington can’t work together. Let me tell phlet helped define who we are as and our economy. It is an investment. you, I have watched these two people Americans, our transportation system It yields great returns. It pays divi- work very closely together. They were has become the cornerstone of our dends. This bill seeks to maintain that a team to get a highway bill here be- common interest. There are few things investment through 2013; that is, the fore the Senate. under the Sun that are not impacted underlying bill that is before us—not Next, from the perspective of the Fi- by our highways, our roads and bridges, the Blunt amendment but the under- nance Committee, the bill provides the and our transit systems, yet we can too lying bill. I would prefer a longer pe- highway trust fund with sufficient easily take our network for granted. riod of time in the underlying bill to funding to last at least until the end of A recent Rockefeller Foundation sur- provide greater certainty. We are al- fiscal year 2013. The highway trust ready 2 years past due. We have had vey found that two-thirds of all re- fund simply does not bring in enough lots of extensions. We must work to- spondents believe America should in- revenue from traditional funding gether now to get something done at vest more in infrastructure. It is a sources, such as the fuel tax, to meet least until the end of next year, and a common interest. That same survey our national needs. As a result, Demo- 2-year bill provides the compromise we found that two-thirds of all Americans crats and Republicans on the com- need to get there. believe they should not have to pay I have worked on this bill for about 4 mittee had to look elsewhere to ensure any more for this increase in infra- years from the leadership perspective for the short term that we could main- structure investment. That means we of two different Senate committees: tain current levels of Federal invest- have to rise to the challenge in Con- the Environment and Public Works ment. In the long term, we should use gress to come up with a highway bill Committee, which provided the author- the opportunity to decide what we that invests in infrastructure without ization for roads, highways, bridges, want for a transportation network in asking folks to pay more than their and various forms of nonmotorized the 21st century. So we are going to fair share. transportation, and the Finance Com- pass this short-term bill, and while we According to the U.S. Chamber of mittee, which provided the money so are passing this short-term bill, we Commerce Transportation Perform- we can have the proceeds and the re- have to give a lot of thought to what ance Index, we could lose nearly $340 sources to pay for these highways. we want to do for the long term. We billion in potential economic growth From the perspective of investment, should use that opportunity to decide over the next 5 years if we do not pass I can tell you firsthand that this bill what makes the most sense for the 21st a highway bill and provide the cer- specifically focuses on those programs century. Where we could apply unused tainty our economy needs. Let me that are truly in our shared national fuel tax money that currently goes to make that statement again. We could interest. It consolidates nearly 90 road the leaking underground storage tank lose $340 billion in potential economic programs down to approximately 30. trust fund surplus, the Finance Com- growth over the next 5 years if we do Consolidating 90—lots of individual, mittee did so with support from Demo- not pass a highway bill and provide the separate programs that kind of divide crats and Republicans. And where we certainty our economy needs. our country, didn’t bring us together— transferred money from the general Our transportation system depends to 30—30 programs that rely on the fund to the highway trust fund, we on substantial investments from the highway trust fund. sought to backfill the general fund by Federal Government. This investment This bill also focuses on dramatically closing tax gaps or focusing on tax consistently yields a big return for improving our national capacity for scofflaws.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2437 It is important that we make sure my home State of Illinois and our ad- storm damage. The Illinois Emergency the highway bill stays focused on sup- joining State of Missouri were pum- Management Agency is hard at work porting the economy. In Montana, our meled by severe storms and tornadoes. clearing debris and roads. Governor highways are our lifeblood. We are a While the total extent of the damage is Pat Quinn has activated a state emer- highway State. We log a lot of hours at not yet known, it is clear that south- gency operations center to help with the wheel. It is a part of who we are. eastern Illinois was hit hard by at least the damage, and he and Jonathan We are the fourth largest State in the one tornado and heavy storms. The Monken of the Illinois Emergency Nation for land mass, but we have towns of Harrisburg in Saline County Management Agency are on their way fewer residents than Rhode Island, the and Ridgway in Gallatin County have to the scene this afternoon. smallest State in size. suffered terrible damage. Several peo- My heart goes out to all of the people My friend the former Senator Mike ple in Harrisburg have died as a result in Harrisburg who have lost loved ones. Mansfield said in 1967: of these tornadoes. The earliest reports We are keeping in close contact with Montanans are formed by the vastness of a suggest 10 deaths. The exact number the people on the ground, working to- state whose mountains rise to 12,000 feet in will not be known for some time. More gether with my colleague Senator granite massives, piled one upon another as than 100 other people in this area are MARK KIRK’s office here in Washington. though by some giant hand. To drive across reported to have suffered serious in- They share our concern for the devas- the state is to journey, in distances, from jury. tation, damage, suffering, and death Washington, DC, north to Toronto, or south This is an indication of some of the associated with this, and both Senator to Florida. In area, we can accommodate damage and devastation in Harrisburg. KIRK and I have extended to the State Virginia, Maryland, Delaware, Pennsylvania and New York, and still have room for the Between 250 and 300 homes in nearby of Illinois our willingness to help in District of Columbia. Yet, in all this vast- Gallatin County have also been dam- any way possible. ness, we are . . . less than a million people. aged. An estimated 25 Harrisburg-area My thoughts are with the residents of these hard-hit towns, with the first re- A few weeks ago, we just tipped the businesses are damaged or destroyed, sponders, and the Red Cross volunteers needle on 1 million residents. I might including a Walmart and a strip mall who are always on the scene and who say, I am not sure we are happy about that were hit by the tornado. This next photograph is an indication are working to assess the damage and that. Some of us want to be under 1 of some of the terrible devastation that help those who have been injured. Jon- million in population and some kind of took place. Three bodies have been re- athan Monken had a conference call like 1 million. It is a big debate in our covered from the field behind the with many members of the Illinois con- State: Should we be 1 million or less Walmart, and survivors are still being gressional delegation a short time ago. than 1 million? Nonetheless, we lack pulled from the wreckage of the build- He assures us that all requests for the population to make the necessary ing. Most roads in Harrisburg have State and FEMA assistance are being investments in Federal aid roads and been closed. People are going door to met at this moment. We will continue interstates by ourselves, and we door to check. The reports are positive to make the promise that that will be shouldn’t have to do so. Montana alone in terms of the accountability. true in the future as well. could not support the Interstate High- The Harrisburg Hospital has received My staff and I are in contact with way System—we couldn’t do it—or the damage itself. Yet the personnel have local officials, including Harrisburg other national highways in our State. done a heroic job in setting up triage Mayor Eric Gregg; the mayor of We don’t have the people. With more stations throughout the hospital after Ridgway, Becky Mitchell; State Sen- than 10 million visitors annually and this devastation. Hospital officials are ator Gary Forby; and State Represent- with the majority of our truck traffic asking that all nonemergency cases ative Brandon Phelps. I, along with originating and ending out of State, we that are unrelated to the severe weath- Senator MARK KIRK, am committed to rely on the Federal program with good er go to other hospitals. The hospitals help do everything possible to help reason: It is in our common interest— are only taking in those who are in- communities respond to and help with in the interest of Montana, in the in- jured and asking family members to this disaster. terest of all those folks who transport wait outside because of the limited fa- Mr. President, I yield the floor. freight across our State, and in the in- cilities available. Patients in the hos- The PRESIDING OFFICER (Mr. terest of people who want to visit Gla- pital’s B wing, which suffered heavy CARDIN). The Senator from Missouri. cier Park or Yellowstone Park. It is in damage, are being evacuated to Evans- Mr. BLUNT. Mr. President, my col- our common interest. ville, Indiana’s Deaconess Hospital, league, the Senator from Illinois, and I I am here to say that the more we which has called in all available staff. live in a part of the country where keep our eye on the ball, with a trans- The First Baptist Church in Harris- these terrible weather events—torna- portation bill that keeps our common burg is being used as a shelter, and I does and other things—are not unusual interests in mind, the more successful am sure everyone in that community— for us. But as Senator DURBIN has we will be. a wonderful community in southern Il- pointed out, we did have them last Mr. President, I suggest the absence linois—is pitching in to give a helping night in a number of places in southern of a quorum. hand. Harrisburg schools, obviously, Missouri, including Branson, the tour- The PRESIDING OFFICER. The are canceled for the week. Ridgway is ism strip, at one theater and one tour- clerk will call the roll. nearby, and no one is being allowed to ism location after another, as well as The assistant legislative clerk pro- visit the town at this point. Between 50 in Branson, Lebanon, Dallas County, ceeded to call the roll. and 60 homes in Gallatin County have and other places in southern Missouri. The PRESIDING OFFICER. The as- been destroyed. We had way too much experience with sistant majority leader. I have an early photograph of some of this last year. Mr. DURBIN. I ask unanimous con- the scenes there that show the damage As my friend has pointed out, the sent that the order for the quorum call to this historic church. Historic St. Jo- Federal Emergency Management peo- be rescinded. seph Church, and at least one business, ple are quickly there. We had a year of The PRESIDING OFFICER. Without the Gallatin County Tin Shoppe, have experience with this, particularly after objection, it is so ordered. been leveled by this tornado. the Joplin tornado. They were terrific. Mr. DURBIN. Mr. President, I ask This last photograph is of the same We want to remember too the first re- unanimous consent to speak as in church before the storm, which is an sponders are always our neighbors, and morning business. indication of what happened. This is an neighbors are coming forward to help The PRESIDING OFFICER. Without historic church which many of us are families whose houses were lost and objection, it is so ordered. well aware of. It has served the Catho- possessions were scattered, and even in MIDWEST STORMS lics in this community for many years. this particular case where there are oc- Mr. DURBIN. Mr. President, over- Between 9,000 and 13,000 people are casions where people are injured and night and early this morning parts of without electricity because of the lives have been lost as well.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2438 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012

Senator MCCASKILL and I join with ‘‘contraception’’ in this amendment son’s employees, their associates, are a Senator KIRK and Senator DURBIN in anywhere. How is this a vote on contra- part of this thing that is offensive to their efforts in this regard. ception? Of course we were able to say, that person because of religious belief AMENDMENT NO. 1520 as we have said for 4 days, the word or moral conviction. Mr. President, I ask unanimous con- ‘‘contraception’’ is not in there because Before I yield to my good friend Sen- sent to engage in a colloquy with my this is not about a specific procedure, ator JOHANNS, who understands this Republican colleagues for 60 minutes. it is about a faith principle that the issue so well, let me also say that, as I The PRESIDING OFFICER. Without first amendment guarantees. said, we didn’t eliminate a mandate, so objection, it is so ordered. This exact language of religious be- we can still have a mandate. The Fed- Mr. BLUNT. Mr. President, I wish to lief or moral conviction was first used eral Government can still come in and talk about an amendment that has had in 1973 in the Public Health Services say: You are not offering these services lots of attention. It is an amendment Act. It was brought to the Senate floor so you have to pay a penalty, and then that I offered on the floor a couple of by Senator Church from Idaho, who I you have to go to court and prove that weeks ago. We weren’t able—the leader believe was considered one of the lib- you have a long-held belief that this is didn’t want to get to it at the time, but erals of the Senate at the time, pro- wrong. The Court, in 1965, when this the majority leader brought it up for tecting health care providers from hav- particular phrase became the me yesterday, and I am glad he did. I ing to be involved in procedures they boilerplate language for the law, said, am glad we are able to talk about it. didn’t agree with. It is part of the You can’t become a conscientious ob- This is an amendment that would Legal Services Corporation limitation jector the day you get your draft no- allow religious belief or moral convic- in 1974, the foreign aid funding limita- tice, in essence; you have to have these tion to be an important factor in tion in 1986, the refusal to participate two principles. You have to have a reli- whether people comply with new in executions or prosecutions of capital gious belief, a strong moral conviction, health care mandates. We have long crimes in 1994, the vaccination bill and you have to be able to go to court had this exemption for hiring man- wherein a person comes to this country and prove that. All of the fiction writers out there, in dates. In fact, when I served in the as a nonresident and they don’t want fundraising letters and otherwise, say- House of Representatives, I had been to have vaccinations that are other- ing things such as women who have the president of a Southern Baptist wise required, they don’t have to have contraceptive services today wouldn’t university and I understood the impor- them if they have a religious belief or have them, of course that is not true. tance of these institutions, I thought, moral conviction against them. Of course that is not true. The women in maintaining their faith distinctions The list goes on and on: The Medi- who have those services today either as part of why they provide education care and Medicaid Counseling Act, the have them because they have found a and health care and daycare and other Federal Employees Health Benefits way to pay for them themselves or things. So I have long been an advocate Plan of 1998, the contraception cov- they have an employer who is pro- of the principle that the Supreme erage for federal employees in 1999, the viding that as part of health care. That Court upheld a few weeks ago 9 to 0 DC contraception mandate in 2000, the employer is not going to be able to that there is a difference in these faith- United States Leadership Against turn around and say, I am not for that based institutions. Now that we have AIDS Act in 2003. anymore because I object for some reli- Then this exact same language even health care mandates being complied gious reason that I didn’t have all the more specifically has been in bills that with by these institutions, all this time I was providing it. amendment does is extend the same weren’t passed. In 1994, Senator Moy- This is an important issue. It is a privilege to them and others who have nihan from New York brought a bill to first amendment issue. It is an issue a religious belief or a moral conviction the floor that Mrs. Clinton—later Sen- that group after group after group so that they would be able to defend ator Clinton, now Secretary Clinton— thinks violates the Religious Freedom their moral conviction. was very involved in, this 1994 health Act—RFRA. There are six lawsuits al- We don’t do anything about the man- discussion. That bill said: Nothing in ready. I suspect they have a good date itself. It is important to under- this title shall be construed to prevent chance of prevailing because it does ex- stand that the administration—this any employer from contributing to the actly what the religious freedom law one or any other—if the Affordable purchase of a standard benefits pack- says you can’t do and it needlessly Health Care Act is still in force, can age which excludes coverage for abor- forces people to participate in activi- issue all the mandates that the act tion or other services if the employer ties that are against their moral prin- would allow. In fact, if a person doesn’t objects to such services on the basis of ciples, their religious principles. comply with those mandates, they religious belief or moral conviction. The circumstance in the country is would have the penalties that the act This is Senator Moynihan less than we have 220 years of history on this. We would allow. But the difference is if the 20 years ago in what was considered a have almost 50 years of history of gov- government wouldn’t recognize a per- liberal piece of legislation, putting ernment-paid health care for one group son’s religious belief or moral convic- what the country had thought since or another that always included an ex- tion, as I think they would likely do. the beginning of government-paid emption such as this exemption. To not For example, the archdiocese in Wash- health care was a natural part of every do this assumes that the government ington, DC, is saying this is something health care bill. In fact, the bill we are can make people do things that Thom- we have long held as a tenet of our talking about that this amendment as Jefferson and George Washington faith that we don’t believe should hap- would impact is the first time the Fed- and others specifically said were pen, we shouldn’t be a part of, and we eral Government has passed a health among the rights we should defend the don’t want it to be a part of the insur- care bill that didn’t include this lan- most vigorously; that we should hold ance policies of our schools, our hos- guage—the first time it didn’t include the most dear; that we should not let a pitals. My guess is if we pass this this language. If one is not offended by government interfere in these basic amendment, without any question, the the current mandate that some reli- rights of conscience, a phrase of Thom- Justice Department would say, Well, gions are, I think it is important to as Jefferson when he wrote the New you are certainly going to be able to think of what one would be offended London Methodist in 1809. These rights defend that because that has been your by. What in one’s faith would be an of- of conscience are an area that we belief for centuries, the belief of your fensive thing to be told one had to be a should not let the government get be- faith. part of, and then imagine the govern- tween the American people and their This amendment doesn’t mention ment saying, no, a person has to be a religious beliefs. Our laws since then, any procedure of any kind. In fact, this part of that? Even if a person doesn’t whether it is for hiring or in the case of morning we had a reporter call the of- do it themselves, they have to pay for any health care discussion, have al- fice who said we can’t find the word it, or they have to be sure that a per- ways anticipated the protection of this

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2439 first amendment right—not a specific at the war they had just fought and No–one speaks for all women on these thing but, again, if you are not of- said to themselves: We are never going issues. Those who purport to do so are sim- fended by the things that some people to allow our country to force us to at- ply attempting to deflect attention from the are concerned about today, it is impor- tend a certain church or to participate serious religious liberty issues currently at stake. Each of us, Catholic or not, is proud tant to think about what you would be in a certain faith—not at all. And it to stand with the Catholic Church and its offended by, what your religious belief was written in one of our most sacred rich, life-affirming teachings on sex, mar- leads you to believe would be wrong documents, the Bill of Rights. Yet the riage and family life. We call on President and how you would feel if the govern- President of the United States is tram- Obama and our Representatives in Congress ment says now you have to be a part of pling on this religious freedom and at- to allow religious institutions and individ- that activity. tempting to convince Americans that uals to continue to witness to their faiths in I wish to turn to my good friend from it is something else. all their fullness. ´ Nebraska who has been a real advocate His power grab is forcing religious in- HELEN M. ALVARE, JD, stitutions to go against their deeply Associate Professor of Law, in understanding the importance of the George Mason University (VA). first amendment and the role it plays held beliefs. If they stay true to their KIM DANIELS, JD, in our society. beliefs, the Congressional Research Former Counsel, The PRESIDING OFFICER. The Sen- Service reports these religious insurers Thomas More Law Center (MD). ator from Nebraska is recognized. and employers may face Federal fines Mr. JOHANNS. Women have signed Mr. JOHANNS. Mr. President, let me of $100 per day per plan. this, and one of the things they say is, start this afternoon by thanking my So let me give an example of how they are proud to work for institutions colleague from Missouri for taking on that will work in my State. For a self- that contribute to their community. this issue and putting this legislation insured institution such as Creighton Let me quote from that letter. They together. Let me also thank my col- University in Nebraska, a Jesuit insti- value ‘‘the shared sense of purpose league for telling the real story of this tution—I happen to have graduated found among colleagues who choose legislation. It is critically important from there—they have about 6,000 their job because, in a religious institu- we understand the history that brings health care plans. So the cost to tion, a job is . . . also a vocation.’’ us here this afternoon and, ultimately, Creighton University in Omaha, NE, to These women are Americans who be- to a vote on this legislation I am proud exercise their religious liberty will be lieve this mandate by the Federal Gov- to cosponsor. an annual pricetag of $24 million. That ernment, interfering with religious lib- My colleague just so ably pointed out is the price of exercising their religious erty, is wrong. that what has changed is, the Obama liberty in the President’s world. Unbe- I will wrap up my piece of this col- administration, working with our col- lievable. loquy by again thanking the Senator leagues on the other side of the aisle, Well, I went on the Internet. I ask from Missouri for his leadership in this took this important language out of unanimous consent to have printed in area. The President has said he offered this health care legislation. For dec- the RECORD an open letter to the Presi- an accommodation. The accommoda- ades—for decades—this important pro- dent that is being signed by women all tion is, woe, lo and behold, this is going tection was in legislation, and it was over this country. to be free. supported by Democrats, Republicans, There being no objection, the mate- Now, I would like to know what legal Independents, liberals, conservatives. rial was ordered to be printed in the authority he relies upon that the Presi- That was the history of our country RECORD, as follows: dent could ever order anyone to offer a until all of a sudden this change came OPEN LETTER TO PRESIDENT OBAMA, SEC- service or an item for free. He has no about where that conscience protection RETARY SEBELIUS AND MEMBERS OF CON- such authority. This is not the Soviet was taken out of the health care legis- GRESS Union; this is the United States of lation that was passed a couple years DON’T CLAIM TO SPEAK FOR ALL WOMEN America. We do not believe that for a ago. We–are women who support the competing moment. Of course we are going to be But let’s look back even further in voice offered by Catholic institutions on paying for this through our insurance our history. The first freedom in our matters of sex, marriage and family life. Most of us are Catholic, but some are not. premiums. Bill of Rights is the liberty to exercise We are Democrats, Republicans and Inde- Well, my hope is we will read our any religion we might choose, or for pendents. Many, at some point in our ca- Constitution and we will stand as a that matter not participate in any reli- reers, have worked for a Catholic institution. united front upholding religious free- gion whatsoever. That is what this We are proud to have been part of the reli- dom, which is being violated by this United States of America is based gious mission of that school, or hospital, or mandate. upon, this concept that we have the social service organization. We are proud to I thank the Chair. freedom to choose what faith we will have been associated not only with the work Mr. BLUNT. Mr. President, I thank belong to, what teachings we will fol- Catholic institutions perform in the commu- my friend for those good additions to nity—particularly for the most vulnerable— low, and, as I said, we have the choice but also with the shared sense of purpose what we are talking about. to not participate at all, if we choose, found among colleagues who chose their job I might say, also, even if there is in this country. because, in a religious institution, a job is some accounting issue that makes this Yet the President and my colleagues always also a vocation. appear that maybe someone you are from across the aisle want to force— Those currently invoking ‘‘women’s hiring is paying for it instead of you, if want to force—religious institutions, health’’ in an attempt to shout down anyone this is something you are opposed to for the first time in the history of our who disagrees with forcing religious institu- for religious grounds, it is not about country, to violate their strong moral tions or individuals to violate deeply held the cost; it is about the fact that this beliefs are more than a little mistaken, and convictions. And they go even further. more than a little dishonest Even setting is something you do not believe you They want to somehow shroud this and aside their simplistic equation of ‘‘costless’’ should be part of. veil it as a woman’s health issue. birth control with ‘‘equality,’’ note that they In my particular faith, the contra- Let me set the record straight. This have never responded to the large body of ception part of this is not troublesome debate is not about that, as some scholarly research indicating that many for me. But it does not mean I should would have us believe. It certainly is forms of contraception have serious side ef- be less troubled that it bothers others not about contraceptives. What this de- fects, or that some forms act at some times or that I should care less about their bate is about is fundamental to our to destroy embryos, or that government con- religious freedom than I do mine or freedom as citizens of this great coun- traceptive programs inevitably change the sex, dating and marriage markets in ways that I should not care about the gov- try. It is religious liberty we are talk- that lead to more empty sex, more non-mar- ernment using the heavy hand of these ing about. ital births and more abortions. It is women fines to force people to do something. It is an American issue that dates who suffer disproportionately when these The other point I would like to make, back to our very Founders who looked things happen. before I go to my friend from Idaho, is,

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2440 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 if the government chooses to fine peo- powerful by the day. When they sat sage of the Religious Freedom Restora- ple, people actually have to go to court around the table in 1776, they had just tion Act of 1993. and prove they have a deep religious fought with a government that had But just so people can refresh their belief. I do not think that would be been terribly oppressive. They argued memories, there have been a number of very hard for Creighton University. amongst themselves: Well, what are we allusions made to the language of the The entire history of the university is going to do? We are going to create a Constitution. But let me just read the founded on the principles of faith that government. first amendment to the Constitution, would say: This is something we do not They knew from a historical perspec- part of our Bill of Rights, the funda- want to be part of. If that is the case, tive, and they knew from their recent mental law of the land that cannot be maybe that Justice Department would experience, that any government they abridged or changed by a mere act of not take them to court or would not create needed to be distrusted, needed Congress, which is what we are con- make them go to court rather than pay to be watched, needed to have shackles cerned about; that the President’s the fine. But they could. We are not on it because if they did not, that gov- health care bill, the Affordable Care saying that anybody can do anything ernment would abuse them—just as Act, so-called, purports to change the they want to do. We are just creating a every government had throughout his- Constitution, which it cannot do. When way that we can assert your first tory. there is a conflict between the Con- amendment rights if we choose to do So that is why they drew the docu- stitution and a law passed by Congress, that. ment we live under today, the Con- that law falls as unconstitutional. As the Governor of Idaho, Senator stitution we have. They not only gave But the first amendment to the Con- RISCH was responsible for lots of people us one government, they gave us three stitution says: who worked for the State of Idaho. He governments. They gave us a legisla- Congress shall make no law respecting an knows about this both from a faith per- tive branch, an executive branch, and a establishment of religion, or prohibiting the free exercise thereof . . . spective and an employer’s perspective, judicial branch—each with the duty to and I am glad he came down to the watch the other and beat the other Let me repeat that: floor. over the head if, indeed, they got out of Congress shall make no law respecting an Mr. RISCH. Mr. President, I thank establishment of religion or prohibiting the line. They were so afraid of a govern- free exercise thereof . . . the Senator very much. ment that they did everything they That is what we are talking about is Fellow Senators, I am going to speak possibly could to see that government the free exercise of religion. I agree briefly on this issue, and I thank those did not abuse them. with Senator RISCH that one of the big- who have actually put this on the table Well, we learn frequently that their gest problems with this legislation, the for us to talk about. fears were well founded. Today we see, President’s health care bill, the so- Every single American should watch once again, their fears were well found- called affordable care act, which we the debate on this issue. This debate ed. What we have is a government that have came to learn is not so affordable, strikes to the heart of the freedoms we is saying: We do not care what your re- is that it forces each individual in this as Americans enjoy. Why do we have ligious beliefs are; you must do what country to buy a government-approved these freedoms? We have them because we are telling you to do because we product according to the dictates of in 1776 the people decided they were think it is the right thing to do regard- Congress. That is one of the issues the sick and tired of the King telling them less of your religious beliefs. Supreme Court will be ruling on, they had to do this and they had to do It is wrong. It has to be fought. It whether that is even within the scope that and had totally wiped out a num- must be reversed. of congressional power under the com- ber of freedoms they had—not the least I thank the Senator for bringing this merce clause. of which was speech and religion. issue to the attention of everyone. But Senator RISCH makes a very good We will remember, these people oper- I yield the floor. point; that is, the basic problem with ated under a King who was so power- Mr. BLUNT. Mr. President, I thank this legislation generally is it is too ful—the Monarchy was so powerful, it the Senator. big, it is too expensive, and it is too in- established a religion and said: You There are a number of waivers on trusive on the individual choices and must belong to this religion if you are this. The administration has given over freedoms of American citizens. a citizen of this country. 1,700 waivers to 4 million people. If you As I said, it used to be that religious When we fought to be free of that, have a plan that is better than the gov- freedom was a bipartisan issue. That is when we fought to be a free people, the ernment plan, if you have a plan that why I am so concerned this has turned Founding Fathers put together a docu- might be taxed under the law because into a purely partisan issue. It is very ment that specified very clearly the it has been negotiated as part of collec- obvious to me that some of our col- freedoms we would have. tive bargaining, if you are a fast food leagues on the floor believe they can We have come many years since then, institution that has insurance but, ap- make political hay by scaring people, but we will lose these freedoms if we do parently, with high deductibles—those by misleading people; that this is not guard them when even a little chip were all reasons to create a waiver. somehow about denying women access comes out of it. That is what they are You would think that a faith-based be- to contraception when that is not the doing here. Think about this for a lief would also be a reason that a waiv- issue. minute. We have gotten to the point er could have been granted. This is about protecting our sacred where this government has gotten so This amendment just assures that we constitutional freedoms. When I said big and so powerful that it has said: can have the same kind of opportunity religious freedom used to be a bipar- Look, we do not care about what you to exercise our religious beliefs going tisan issue, I was referring to the Reli- believe in your religion because what forward as every American has in gious Freedom Restoration Act of 1993. we are doing is a good thing and, there- health care, in labor, in hiring, and I think it is interesting to see who the fore, you must do what we are telling other areas up until right now. sponsors were and people who were you because the ends justify the I would like to turn to my friend, the some of the principal proponents of the means—the means is to chip away at Senator from Texas. bill. That demonstrates it was bipar- the religious freedoms we as Americans The PRESIDING OFFICER. The Sen- tisan. enjoy. ator from Texas. The lead sponsor in the House was It is wrong. It is the way we lose our Mr. CORNYN. Mr. President, I want Senator CHUCK SCHUMER, now a Mem- freedoms. If we turn our back and let a to express my gratitude to the Senator ber of the Senate. Cosponsors included government do this to us, this is how from Missouri for his leadership on this then-Representative MARIA CANTWELL, we lose our freedoms. issue. now in the Senate; then-Representative This government is big. It is getting This used to be a topic that was a bi- BEN CARDIN, who is presiding today; bigger by the day. It is getting more partisan issue dating back to the pas- and former Speaker NANCY PELOSI.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2441 In the Senate it had 60 cosponsors. and I introduced this bill in August of facts of what this amendment and our Ted Kennedy was the lead sponsor. We last year. This is not just something bill hope to accomplish have been sup- have heard Senator BROWN from Massa- we came up with recently. planted by mischaracterizations and chusetts saying the position he is tak- Members who were in the Senate distortions. ing on this issue of religious freedom is when the health care act, the afford- That is unfortunate because what we exactly the same position Senator Ken- able health care act passed, said they are here to talk about is incredibly im- nedy took during his lifetime. But 60 believed if it had passed in a more nor- portant. This is a fundamental matter other Members of the Senate cospon- mal way, this would have been in the of religious freedom and the proper sored this, including Senator BOXER, final bill, that would have been an un- role of our Federal Government. It is Senator FEINSTEIN, Senator KERRY, derstanding, as it was in the Patients’ about who we are as Americans and re- Senator LAUTENBERG, Senator LEAHY, Bill of Rights draft and legislation that newing our commitment to the prin- Senator LEVIN, Senator MURRAY, and was introduced in 1994 or the health ciples upon which this Nation was Senator REID, the majority leader of care bill in 1999. This same language founded. the Senate today. was an accepted and bipartisan part of This debate comes down to the leg- It was signed into law by then-Presi- who we are as a country enforcing the acy left behind by our Founding Fa- dent Clinton, demonstrating that reli- first amendment. thers and over 200 years of American gious freedom was not a partisan issue, In fact, in the Religious Freedom history. We have a choice between it was a bipartisan concern of Congress Restoration Act, it says: ‘‘Government being responsible stewards of their leg- and the reason why this bipartisan leg- shall not substantially burden a per- acy, as reflected in the first amend- islation passed to protect religious son’s exercise of religion even if the ment to the Constitution, or allowing freedom. burden results from a rule of general the Federal Government to interfere in So similar to members of the Catho- applicability.’’ Even a rule that would religious life in an unprecedented way. lic Church who are concerned about generally apply, the government The first amendment to the Constitu- being forced to provide coverage for should not burden a person’s exercise tion starts with: ‘‘Congress shall make surgical sterilization or drugs that in- of religion unless it demonstrates a no law respecting an establishment of duce abortions or other forms of con- burden that it is in the furtherance of religion or prohibiting the free exercise traception, members of the Muslim a compelling government interest. thereof.’’ faith, if they are a woman, need not be I cannot imagine—nobody has had to Just last month, we saw our Supreme concerned about restrictions on their do this ever before. Why would sud- Court unanimously uphold, under the ability or desire to wear a head scarf in denly defining insurance policies be- establishment and free exercise clauses public or in government buildings or yond the faith beliefs of individuals of our Constitution, a ruling in the Ho- dietary rules practiced by observant and groups that were long held, why is sanna-Tabor case that the Federal Gov- Jews or that Christians would not be that a sudden compelling government ernment may not infringe on the rights somehow interfered with when it came interest or it is the least restrictive of religious institutions in their hiring to wearing religious symbols such as means of furthering that government practices. To do so, they ruled on a crosses or rosaries. This is not about interest? Surely not. unanimous basis, would interfere with those rules or those items of clothing Again, I am going to repeat for what the internal governance of the church. or religious symbols, this is about reli- may be the third or fourth time: We do Protecting religious freedom and gious freedom, over which Congress not do anything in this amendment conscience rights has in the past been, shall pass no law, under the words of that would end the mandate. That is as was mentioned here, a bipartisan our Constitution. for another debate at another time. issue. No less than Ted Kennedy him- I am somewhat disappointed we now The government can still have a man- self, a liberal icon of the Senate, wrote find ourselves—that the lines seem to date. The government can still say: in 2009 to the Pope: ‘‘I believe in a con- have been drawn so sharply in a par- Here is what we are telling you a science protection for Catholics in the tisan way on an issue that used to health care plan has to look like. But health care field and will continue to enjoy such broad bipartisan support. It this allows people who have a faith- advocate for it.’’ is my hope our colleagues will recon- based first amendment right to object Senator Kennedy had previously sider because it is not good for the to that to have a way to do it. pushed for the inclusion of conscience country, it is not good for our Con- One of the original cosponsors of the protections in legislation he proposed stitution, it is not good for the preser- bill; that is, the amendment we are de- in 1997 as well as in his Affordable vation of our liberties, for the very fun- bating today, has joined us and that is Health Care for all Americans Act pro- damental law of our land, the Bill of Senator AYOTTE from New Hampshire. posed in 1995. These are the same pro- Rights, to become a partisan issue. She is an advocate of the first amend- tections our amendment seeks to re- But if there is a fight, if there is a ment, as a former attorney general. I store. disagreement, I believe it is our re- am glad she is here. In 1994, provisions aimed at pro- sponsibility to speak in defense of reli- Ms. AYOTTE. I thank the Senator. I tecting conscience rights were included gious freedom and to remind our col- appreciate the opportunity to be here in the recommendations made by the leagues that Congress shall pass no law to rise in support of the pending Task Force on National Health Care restricting religious freedom. That is amendment that is based upon, as Sen- Reform, led by then-First Lady Hillary what we are talking about. ator BLUNT mentioned, a piece of legis- Clinton. In 1993, when President Bill I thank my colleague from Missouri lation that was introduced on a bipar- Clinton signed the bipartisan Religious for being the leader on this important tisan basis earlier in the year called Freedom Restoration Act into law, he amendment. I am pleased to have had the Respect for Rights of Conscience said: ‘‘The government should be held the opportunity to voice the reasons Act, which I was proud to cosponsor. to a very high level of proof before it for my support, and I hope our col- During the past few weeks, we have interferes with someone’s free exercise leagues who are opposed to the amend- heard certainly impassioned arguments of religion.’’ ment or have already publicly stated from both sides of the aisle about this Protecting religious freedoms was their opposition will reconsider. issue. Certainly, it has been a robust once an issue that bound Americans to- Mr. BLUNT. I do too. I hope we find and important exchange of views, gether. It certainly is a very important out now that while we do not have as which I have appreciated. However, I issue as we take the oath of office here much bipartisan support as we would think it is regrettable that similar to to uphold the Constitution of the like to have, we will have some. Sen- so much else that happens around here, United States. I believe this effort ator BEN NELSON from Nebraska, along this issue has been used as an election- which is so fundamental to our na- with Senator AYOTTE from New Hamp- year tactic to score political points, tional character must bring us to- shire and Senator RUBIO from Florida and in some cases there have been the gether once more on a bipartisan basis.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2442 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 I would like to make one very impor- was understood to be an important de- tect an inalienable right, the right of tant point about this amendment. Un- fense of the first amendment in a conscience established in our Nation’s fortunately, many have tried to char- health care piece of legislation. founding days and sustained for over acterize this amendment as denying I am glad Senator COATS has joined 200 years. women access to contraception. That is us today. Whenever I researched this, I I regret that this issue has been re- a red herring, and it is false. We are saw that he had used this very lan- framed for political purposes into a talking about government mandates guage 15 years ago in a piece of legisla- woman’s right to choose, to deny that are interfering with conscience tion. I know the Senator is an impor- women the opportunity to exercise protections that have long been tant advocate of religious freedom. their right to make a choice. That is engrained in our law. Mr. COATS. Mr. President, I thank not what this is about at all. Yet some To be clear, women had access to the Senator from Missouri. I thank have said it has been so successfully re- these services before the President him also for his willingness to engage framed that, politically, those who de- passed the Affordable Care Act, and with this amendment, to put it in play fend this as a matter of religious con- after this amendment would be passed, here for us to debate and discuss. It is science and freedom are on the losing they would still have access to these a very fundamental principle of our side of the political argument. Well, we important services. Contrary to what Constitution that is at stake, and it de- may be or we may not be. I think it is some of my friends on the other side of serves debate, and it deserves this body up to this body to decide that with a the aisle have asserted, this measure putting their yea or nay on the line thorough debate and vote that puts our simply allows health care providers relative to how we are going to go for- yeas and nays on the line. and companies to have the same con- ward. I commend him for his leader- Nevertheless, whether it is a winner science rights they had before the ship, and I am pleased to join him, as or a loser politically, it is irrelevant to President’s health care bill took effect. well as many others, in this colloquy. the argument. It should be irrelevant We are not breaking any new ground. This is an issue that is as old as this to the debate because this clearly is a In fact, we are respecting what is con- Nation. We are all blessed to live in fundamental principle of religious free- tained within our first amendment to this Nation and are blessed by the wis- dom that needs to be protected regard- the Constitution and what has long dom of our Founding Fathers, guaran- less of the political consequences. So been a bipartisan effort to respect the teeing our rights. The very first right those of us standing up to debate this conscience rights of all Americans, they guaranteed in the Constitution are setting aside any kind of political whatever their religious views are. was the right to religious freedom. risks, any advice that basically says: This vote goes to the heart of who we Many of the earliest settlers came here You don’t want to touch this because it are. If we allow the government to dic- because of that right and their desire has been reframed in a way that the tate the coverage and plans paid for by to come to a country where their reli- American people don’t understand it. religious institutions, that is the first gious beliefs, tenets, and principles We are here to say that we stand to step down a slippery slope. When reli- would be respected and honored, where protect the liberties that are granted gious liberty has been threatened in they would not be dictated to by a gov- to us by our Constitution and, regard- the past, Members of both sides of the ernment like they lived under before less of political consequences, we will aisle of Congress have taken action to they came here, but it would be pro- continue to do that. preserve our country’s cherished free- tected and preserved as a basic funda- Mr. President, I again thank Senator doms. We must do so again now or risk mental right. It was a transforma- BLUNT and all those who are willing to compromising a foundational Amer- tional idea at the time. Yet, now for address this issue and trust that our ican principle. well more than 220 years or so, it has colleagues will see this as a funda- I hope my colleagues on both sides of been maintained throughout the his- mental breach of a constitutional pro- the aisle will give this amendment tory of this country. It stands as a bul- vision provided to us by the people who careful consideration and appreciate wark against government interference sacrificed their lives to do so. that it is an amendment that will re- with personal beliefs and government I yield the floor. spect the conscience rights of all reli- trying to dictate how we exercise the Mr. BLUNT. I thank the Senator. gions and will certainly not deny religious freedoms we are all so privi- Mr. President, I want to go next to women access to services they need and leged to have. my neighbor in the Congress, and now deserve. It has been said—and I want to repeat my neighbor in the Senate, and my I appreciate the Senator having me it—that the debate today is not about neighbor in real life from northwest here today. I hope my colleagues will access to contraception. This is not Arkansas. I am from southwest Mis- support this important amendment. about whether it is appropriate to use souri. I am glad Senator BOOZMAN came Mr. BLUNT. I thank the Senator for contraception. It is not about a wom- down to discuss this issue. her leadership and from the beginning an’s right to contraception. As a pro- Mr. BOOZMAN. Mr. President, I of this discussion back in August when life Christian and a Protestant, I am thank the Senator from Missouri, and I Senator AYOTTE, Senator RUBIO, Sen- not against contraception, but I also appreciate his hard work and his lead- ator NELSON from Nebraska and I in- believe it is a decision individuals must ership in bringing this amendment for- troduced this bill, we have been joined make in accordance with their own ward. in this amendment by three dozen or faith and beliefs, not a decision to be President Obama’s accommodation of more other sponsors, one of whom ac- made by the Federal Government. religious liberty in his revised health tually I mentioned a piece of legisla- What this is about is whether Con- care mandate covering contraceptives, tion he was involved in the first time gress is going to sit by and idly allow sterilizations, and medicines causing he was in the Senate. It protected the this administration to trample our abortion raises more questions than it religious rights of people who were freedom of religion—that core Amer- answers. Perhaps the most troublesome temporarily in the country, with ex- ican principle—or whether we will part is that even with this revision, the actly this same language, who might stand and protect what our Founding President’s mandate refuses to ac- have some religious belief or moral Fathers put their lives on the line for knowledge that the Constitution guar- conviction that meant they didn’t and what millions of Americans today antees conscience protections. He in- want to get the vaccines we would re- will defend. We cannot pick and choose stead tries to run around them. You quire a visitor to have. In 1996 Senator when to adhere to the Constitution and don’t ‘‘accommodate’’ religious lib- COATS put this in a law that virtually when to cast it aside in order to erties, you respect them. That is why every Member of the Senate serving achieve political prerogatives. We must they are enshrined in the Constitution. today, in both parties, voted for, as consistently stand for our timeless Those constitutional protections they have time after time when this constitutional principles. The debate should prevent the President from issue was brought up. This language that is taking place is a stand to pro- trampling the conscience rights of

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2443 Americans and religious institutions Fund, Christian Coalition, Advanced people who do have a problem with it, that hold a strong belief that contra- USA, American Association of Chris- and the Constitution is specifically de- ceptives, sterilizations, and drugs caus- tian Schools, American Principles signed to protect those strongly held ing abortion are wrong. Clearly, how- Project, Wallbuilders, Let Freedom religious views. ever, these constitutional protections Ring Liberty Consulting, Liberty As Senator COATS said, it was the are not enough. President Obama’s Counsel Action, Free Congress Founda- first thing in the first amendment. It ‘‘accommodation’’ shows that he con- tion, Council for Christian Colleges and was exact in its duplication in 1994 in siders conscience rights to be an incon- Universities, Students for Life of the great health care effort made then, venience in his effort to remake Amer- America, Heritage Action, and there whether it was the protection of reli- ica in his vision. That is why we need are others that are supporting this gious freedom or the Patients’ Bill of the Respect for Rights of Conscience amendment. Rights or the effort First Lady Clinton Act. The Respect for Rights of Con- We can go back to 1965 and a Su- worked hard to do. This wasn’t even science Act—introduced by my col- preme Court case where the determina- really a debatable item then because league from Missouri, Senator ROY tion of how a conscientious objection everybody understood this was a nec- BLUNT—seeks to restore conscience would be defined was clearly estab- essary part of protecting the first protections that existed before Presi- lished in ways that led to this religious amendment to the Constitution. dent Obama’s health care law. These belief and moral conviction becoming Again, I would say if these two or are the same protections—and I think the standard. It is not just something three things that are most objection- this is important—that have existed we came up with for this amendment, able to the Catholic community right for more than 220 years, since the first it has been the standard since that 1965 now—and many of the people who are amendment was ratified. case. It said: These are the elements opposed to this are opposed to this be- The amendment of the Senator from you have to have. You cannot suddenly cause they wonder what they could be Missouri has been offered to the sur- decide you have a religious conviction. opposed to that the government would face transportation act, and we expect This is a conviction that has to be a decide they had to participate in, they to vote on it as early as tomorrow. The provable part of who you are. had to be a provider of, they had to pay amendment’s goal is commendable, and The Public Health Service Act in the bill for. I would ask my colleagues I look forward to supporting it. It is 1973, where Senator Church brought to think of something in their religious simply asking the President to respect this language into the public health view that they would not want to be the religious liberties of Americans. arena, is really the first major legisla- forced by the government to be part of, Many longstanding Federal health tion after Medicare and the Medicaid and let’s give all Americans that same care conscience laws protect conscien- discussion. There was also the Legal capacity who have these strongly held tious objections to certain types of Services Corporation limitation, the religious beliefs. medical services. The President could foreign aid funding limitation, and the I would encourage my colleagues to have just as easily followed that course refusal to participate in executions or support the first amendment. I am when he issued a mandate requiring al- in prosecutions of capital crimes limi- grateful for those groups around the most all private health insurance poli- tation. This language was good enough country that have rallied around the cies—including those issued by reli- for those things, and almost every first amendment. Freedom of religion gious institutions, such as hospitals, Member of the current Senate, if they defines who we are and has defined who schools, and nonprofits—to cover steri- were there then, voted for these, and we are since the very beginning of con- lizations and contraceptives, including since, including the action Senator stitutional government, where the first emergency contraceptives at no cost to COATS talked about earlier. The Medi- thing added to the Constitution was policyholders, but he did not. care and Medicaid Counseling and Re- the Bill of Rights. And the first thing Now Congress must step up and pro- ferral Act, the Federal Employees in the Bill of Rights is respect for reli- tect the religious liberties of all Amer- Health Benefits Plan, contraceptive gion. We need to not give that away icans. We can do this by passing Sen- coverage for Federal employees in 1999, just to prove that everybody has to do ator BLUNT’s amendment. I certainly the DC contraceptive mandate in 2000, what the government says because the encourage all of my colleagues to take and the United States Leadership government knows best rather than a close look at this—this is so impor- Against HIV/AIDS, Tuberculosis, and our conscience and our personal views. tant—and restore the conscience pro- Malaria Act in 2003 all included this This is not about whether people pro- tections we have always stood for as a language. We had to get to the afford- vide health care or not, it is about nation. I commend the Senator from able health care act, which passed the whether they are required to provide Missouri and look forward to sup- Senate, and then suddenly it wasn’t elements of health care they believe porting his amendment. possible to go through the final process are fundamentally wrong, and how the Mr. BLUNT. I thank the Senator. of legislating here. There was no con- government can force people to do Mr. President, let me conclude in the ference committee, no House bill. My things they believe and have a provable next few minutes by first saying that a belief is that almost nobody who voted religious conviction are fundamentally growing list of groups support this for that act originally thought that wrong. amendment: Home School Legal De- would be the final bill. Mr. President, I think we have used fense Association, Family Research Frankly, I think that if we had ever the hour we had, but this debate will Council, Southern Baptist Convention, had a more normal process, this nor- go on. There will be a vote tomorrow, Americans United for Life, American mal element of protecting the first but this debate will go on until this im- Center for Law and Justice, Susan B. amendment would have been added, as portant freedom is soundly protected Anthony List, Becket Fund for Reli- it was every other time. This is about in health care, in hiring, in all of the gious Liberty, U.S. Conference of the first amendment. I understand the elements that create that faith distinc- Catholic Bishops, Focus on the Family, fundraising ability to make it about tive in our individuals and institutions Christian Medical Association, Na- something else. I understand the PR that make us uniquely who we are. tional Right to Life, National Associa- ability to make it about something I yield the floor. tion of Evangelicals, Orthodox Union of else. But it is not about anything else. The PRESIDING OFFICER (Mr. Jewish Congregations, Concerned A minute ago, we had three Protes- MERKLEY). The Senator from Mary- Women for America, Eagle Forum, Re- tants on the floor on the contraception land. ligious Freedom Coalition, issue who probably have no religious Mr. CARDIN. Mr. President, I had the CatholicVote.org, American Family problem at all. There may be other ele- opportunity to listen to my colleague Association, Catholic Advocate, Tradi- ments I have problems with, but it from Missouri as he talked about his tional Values Coalition, Christus doesn’t matter if I have a problem. amendment. I know he is very sincere Medicus Foundation, Alliance Defense What matters is that I represent lots of in his efforts to protect the first

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2444 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 amendment, and if that is what this of Maternal and Child Health Pro- treatment for serious diseases. All that amendment was about, he would have grams, the Children’s Dental Health could be put at risk. The Affordable my support. But let me try to go over Project, Easter Seals, Genetic Alli- Care Act views health care as a right, the amendment and put in context how ance, the March of Dimes, and the Na- not a privilege, and it expands the free- it is drafted, because this amendment tional Association of Pediatric Nurse doms available to American workers goes well beyond that. Practitioners oppose it. These are not and their families rather than limits I would agree with my colleague that political groups, these are health care them. the genesis of this amendment was be- groups. They know this amendment I understand the intentions may be cause of contraceptive services and the could put at risk what we were at- very pure. And if we want to have a request from religious institutions not tempting to achieve in the Affordable resolution saying we support the first to have to provide coverage for those Care Act, and that is to make sure we amendment, you will have all of us in services. The amendment we have be- have coverage for essential health serv- agreement on that. But when you say fore us, however, would allow an em- ices for all the people in this country. you are using that to remove from the ployer—any employer—or any insur- Well, what if an employer could say, Affordable Care Act the essential ance company to deny essential med- I don’t want to cover preventive serv- health coverage for services that I ical services coverage based upon a re- ices based on a moral objection? That think all of us agree should be avail- ligious or moral objection. So the con- could happen. This amendment would able to every person in this country, to cern with this amendment is that it allow employers to decline to offer life- make a decision whether he or she would allow any employer in this coun- saving screenings for prostate cancer wants that health care, then this try to deny coverage of essential med- screenings by simply citing a moral ob- amendment could be used to deny them ical services in the plan that employer jection, even though one in six men in that ability to get that health care. provides. And that could cover wom- the United States will be diagnosed Whether it is women’s health care en’s health care issues; it could cover with prostate cancer during their life- issues, which was the genesis of this contraceptive issues, mammography time. Last year, 33,000 Americans died amendment originally, in the debate screenings, prenatal screenings, cer- from prostate cancer. we had a couple of weeks ago, or vical cancer screenings. An employer An employer who claims a moral ob- whether it is the care of our children or could very well say, I am against the jection to cigarette smoking could, the care of each American, this amend- moral issue concerning providing that under the Blunt amendment, deny em- ment puts that at risk by allowing an coverage. ployees coverage for smoking cessation individual employer or insurance com- I don’t believe the historical inter- programs or treatment for lung cancer. pany to make a decision to eliminate pretations my colleague went through I have a moral objection to smoking; I essential health service coverage. I apply to those types of circumstances. am not going to cover in my health don’t believe we want to do that, and I This amendment would go well beyond care plans treatment for lung cancer. urge my colleagues to reject the Blunt one particular service and would cover More people die from lung cancer than amendment. any medical service. In fact, it says if any other type of cancer. More than With that, Mr. President, I suggest an employer or insurance plan had any 200,000 people are diagnosed with lung the absence of a quorum. religious or moral objection to a serv- cancer each year and more than 150,000 The PRESIDING OFFICER. The ice it can choose to exclude that serv- die from it. Last year, 85,000 were men. clerk will call the roll. ice from the essential benefit package An employer who claims a moral ob- The assistant legislative clerk pro- or the preventive services provisions of jection to alcohol consumption could, ceeded to call the roll. the Affordable Care Act. Yes, it would under the Blunt amendment, deny cov- Mr. MERKLEY. Mr. President, I ask affect women’s health care. There is no erage for substance abuse or rehabilita- unanimous consent that the order for question about that. It would also af- tion or for medical treatment for liver the quorum call be rescinded. fect the health care of men and of chil- disease, if it is found to be the result of The PRESIDING OFFICER (Mr. dren. alcohol abuse. CARDIN). Without objection, it is so or- The Affordable Care Act guarantees Nowhere in the Affordable Care Act dered. that all plans offered in the individual does it stipulate any American must Mr. MERKLEY. Mr. President, I rise small group market must cover a min- take advantage of the expanded preven- today to talk about the attack on imum set of essential health benefits, tive health services. Here is where we women’s health care that has been tak- including maternity and newborn care; have an agreement. We have an agree- ing place over the last few weeks. pediatric services, including oral and ment that we are not trying to tell There has been a heated debate in vision care; rehabilitative services and anyone what they have to do. I have Washington about access to contracep- devices; and mental health and sub- been a defender of the first amendment tion for all women, regardless of her stance use disorder services, including my entire legislative career. If you employer. There is a fundamental ques- behavioral health treatment. have a religious objection to this, then tion here: Do women get control over Under the Blunt amendment, any don’t use the services. Nowhere in the their health care or do a small handful employer could say, look, I don’t want Affordable Care Act does it require a of people—the presidents of companies to cover rehabilitative services, for woman to use contraception or a man and the presidents of insurance compa- whatever reason—I have a moral objec- to have cancer screening or a child to nies—get to choose for a woman wheth- tion to it—and they could exclude that receive well-baby visits. What the Af- er she has access to birth control? service. Preventive care would be at fordable Care Act requires is that every First, I think it is important to note risk, prenatal care would be at risk, American have access to these services that 98 percent of all women have re- life-saving immunization could be at so they can decide for themselves, with lied on contraception at some point in risk, developmental screening, mental the advice of their physician, whether their lives. The nonpartisan scientists health assessments, and hearing and they are appropriate and healthy to and experts at the Institute of Medi- vision tests. Any employer could make utilize. If the Blunt amendment were cine who first recommended covering it a judgment not to cover any one of used by employers to deny access to contraception without a copay did so those services. Any insurance company care, we are denying the people in this because there are tremendous health could, based upon a ‘‘moral objection.’’ country the right to make that choice benefits that come from use. But now That is a very broad standard. themselves. some in this Chamber are holding up That is why pediatricians and advo- I agree it is not just contraceptive this transportation bill, a bill that cates for children across the Nation op- services, it is the choice to be able to would create more than 1 million jobs pose it. The American Academy of Pe- have preventive services—to take care across the country and 7,000 jobs in Or- diatrics, the American Congress of Ob- of your children, to have the screenings egon, because, apparently, it is a high- stetricians oppose it, the Association for early detection of cancer or to have er priority to take away women’s

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2445 health choices, to come between a I think we can all understand with concerned about the impact this woman and her doctor. these examples that this is simply amendment would have on their pock- How is this relevant to a transpor- wrong—simply wrong—that a CEO etbooks and on their health. tation bill? The answer: It is not. But should be able to take their personal Therese from Washington County regardless, we are going to vote on an convictions and impose them on their writes to me: amendment to this bill that would employees. As–one of your constituents, and a prac- allow those CEOs of companies and in- This amendment is just the latest in ticing Catholic woman on birth control, I am surance companies the right to refuse a litany of extraordinary and extreme urging you to please back up the President coverage not just of contraception but efforts by my Republican colleagues to on this most recent decision requiring con- of any health care service they con- curtail women’s access to health care traception coverage for all of their employ- ees . . . sider in violation of their personal con- services. In the last year alone, Repub- There are many, many reasons women use victions. So the personal convictions of licans nearly shut down the govern- the pill in addition to preventing pregnancy. one will be imposed on the dozens or ment over Planned Parenthood, tried I have issues with pre-menopause. There are hundreds of thousands of employees of to eliminate title X funding for low-in- lots of women I know who have heavy peri- that company. That is an incredible come women’s health, and tried to take ods, horrible acne, endometriosis, debili- philosophy. away preventive services such as can- tating cramps . . . the list goes on. And to I wish one of my Republican col- cer screenings for women because of not treat these ailments because the treat- leagues was on the floor to have a little ideological objections. ment also prevents pregnancy is to allow women to suffer. conversation about it, because I would What this amendment is all about is simply ask the question: Please explain that a few powerful CEOs dictate Bridget from Multnomah County why you think that the CEO of a com- health coverage for the rest of Amer- writes: pany should get to come between a ica. If this, giving the powerful few the This amendment does not protect religious woman and her doctor and choose what ability to dictate coverage for every- freedom. Rather, it empowers insurance companies and businesses to impose their re- health care she has access to. one else, isn’t an overreach by an over- ligious views on their employees and the in- We talk a lot about big government. ly intrusive government, I don’t know sured. It is an example of government intru- Well, this is big government. This is what is. sion into the personal lives of millions of big government, giving power to an in- Some have said that blocking wom- women who would prefer to privately make dividual who runs a company, making en’s coverage of contraception through their own choice about family planning, choices for dozens or hundreds or thou- their insurance doesn’t affect access. without politicians interfering. sands of their employees. Not only are They say that contraception doesn’t It–is incredibly, vitally important to me we talking about contraception but cost that much; that, in the words of that you do not support this amendment. I one Republican House Member, there is happily attended a Catholic college and can- any health care service. not imagine what I would have done had I A company CEO could deny access to not one person who has not ever been found out that my health insurance did not HIV or AIDS treatment, to mammo- able to afford contraception because of cover birth control. . . . This would be a dis- grams, to cancer screenings, to mater- the price. Well, tell that to our young astrous decision. nity care, to blood transfusions. The women between age 18 and age 34 who It is not Congress’s job, it is not an list goes on and on. actually know what contraception employer’s job, to impose our beliefs on The Blunt amendment would allow costs. More than half of women strug- others. Let’s let women and families an employer who objected to pre- gle to afford it at some point. Tell that make their own health care decisions marital sex to deny an unmarried preg- to a young couple struggling to figure without the heavy hand of government nant woman maternity care. Is that out how they can afford to buy their intrusion being provided from my col- right, that an employer should make birth control and put food on the table leagues across the aisle. Let’s not put that choice for all the employees who for their children. Tell that to a college government between women and their work for him or her? The Blunt amend- student deciding whether to buy text- doctors or between men and their doc- ment would allow an employer to deny books or fill her prescription. The tors or between families and their doc- children of employees access to vac- truth is, contraception is hugely expen- tors. cines because the CEO has a conviction sive without insurance. Based on infor- I am committed to fighting for wom- that the vaccine poses a risk. Is that mation compiled by the Center for en’s health and will do whatever I can right, that the leader of a company American Progress, the cost to an av- to defeat this amendment—this amend- should make that decision for Ameri- erage woman using birth control pills ment, which is so wrong on health care cans, coming between them and their continuously between age 18 and meno- and so wrong on imposing religious doctors? The Blunt amendment would pause would be more than $66,000 over views of one or personal convictions of deny all health coverage if a CEO be- the course of her lifetime if she had to one on the many. lieves that physical health problems pay out of pocket. Mr. President, I yield the floor. are simply God’s will. That is the im- I think this point bears reinforce- The PRESIDING OFFICER. The Sen- position of one’s religion on those who ment, because I would never have ator from New Hampshire. work for you, making it their religious imagined that that is the price of birth Mrs. SHAHEEN. Mr. President, I am requirement. That is not the way the control. I think the House Member I pleased to join Senator MERKLEY, the Constitution is designed. The Constitu- was quoting probably had no idea of Presiding Officer, and the others of my tion is designed to allow us to all fol- what contraception costs, $66,000 for a colleagues who will come to the floor low our own course, not to impose our woman between the age of 18 and this afternoon to speak out against the course on everyone else through an em- menopause. Where I come from, that is Blunt amendment. ployment relationship. a lot of money. A lot of money. That is Over the past year, we have come to The Blunt amendment would allow a 5.5 years of groceries for a family of the floor many times to speak out CEO to say we are not going to cover four. That is putting two kids through against the attacks on women’s health. end-of-life care because, in that convic- the University of Oregon with 4-year Since this Congress began, we have tion of that CEO—whether it be a man degrees, not including the cost of room seen assaults on Planned Parenthood, or a woman, the CEO believes that and board. That is a downpayment on a on Federal funding for family planning such end-of-life care is interfering with nice family home. In fact, where I and on contraception. But now we are God’s will. The Blunt amendment come from, that is a third of the price facing the Blunt amendment which is would allow an employer to deny ac- of a nice family home. I think a lot of even more extreme and far reaching cess of folks who suffer from obesity to families would wish they had extra than we have seen in all those other at- health care-related obesity programs cash in their pockets right now. And I tempts to politicize women’s health. because they believe that obesity certainly have heard from many This proposal would affect health comes from a moral failing. women in Oregon who are extremely care not just for women but for all

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2446 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 Americans. It will affect the care of no concerns about religious exemptions benefits package described in our law our children, of our husbands, and our to the law. The bill in New Hampshire or preventive health care services de- wives. In short, the Blunt amendment back in 1999 passed the Republican-led scribed in our law if they exercise what would let your boss make your health State legislature with overwhelming they call a moral objection. care decisions instead of you and your bipartisan support. In fact, in the So say someone has a moral objec- doctor. The amendment would em- House, almost as many Republicans tion to someone who has smoked, and power corporations or any other em- voted for the bill as Democrats. I think the person wants to give up smoking ployer to deny virtually any preventive that was because it was understood by and they want to get a smoking ces- or essential health service to any people on both sides of the aisle of all sation program as part of their insur- American based on any religious or religious faiths that requiring contra- ance. If the insurer says, That is your moral objection. I would point out that ceptive coverage was about women’s fault, you are not getting it; or some- in the bill, religious and moral objec- health and it was about basic health one may have diabetes and the em- tions are not defined. So it can be care coverage. ployer or the insurer says, You know whatever anybody interprets it to For 12 years, that law in New Hamp- what? That was your problem. You ate mean. shire has been in place with little oppo- too much sugar as a kid. Too bad. Under the amendment, an employer sition because it has worked. And it is That is what the Blunt amendment could claim a moral or religious basis particularly unfortunate, as we are does and that is a fact. Here it is. I in order to deny things such as cov- having this debate about women’s placed it here because this is the erage for HIV/AIDS screenings or coun- health, thinking about what happened amendment. That is what it says. seling, prenatal care for single moth- back in New Hampshire, to see this de- I wish to show a list of preventive ers, mammograms, vaccinations for bate become so politicized. It is not services and essential health care serv- children, or even screenings for diabe- right. It is not what is the best interest ices that the Blunt amendment threat- tes if the employer claims a moral ob- of women’s health, and I urge my col- ens. Remember, the Blunt amendment jection to a perceived unhealthy life- leagues to oppose the Blunt amend- says there is a new clause that now style. ment. says any insurer or any employer can While this amendment could affect The decision about a woman’s health deny any one of these benefits: emer- men, women, and children, make no care should be between her, her doctor, gency services, hospitalization, mater- mistake; at the most fundamental her family, and her faith. Let’s not nity and newborn care, mental health level, this debate is about a woman’s turn back the clock on women’s access treatment, pediatric services, rehabili- access to contraception. Supporters of to health care. tative services—that is just some. the amendment want to turn back the Mr. President, I yield the floor. Here is the list of the preventive clock on women’s health. They want to The PRESIDING OFFICER (Mr. health care benefits that any insurer or deny women access to preventive MERKLEY). The Senator from Cali- any employer could deny: breast cancer health services. fornia. screenings, cervical cancer, hepatitis A Birth control is something most Mrs. BOXER. Mr. President, do we and B vaccines, yes—contraception, women use sometime in their lifetime, have a specific order here for speaking? HIV screening, autism screening, hear- and it is something that the medical The PRESIDING OFFICER. The ing screening for newborns. community believes is essential to the Democrats currently have 30 minutes This is the list. Why do I show this health of a woman and her family. I of time. list? Particularly because I know the would point out the decision that the Mrs. BOXER. Mr. President, I am on Senator served on the HELP Com- Blunt amendment claims to be address- the floor here today, as I was earlier, mittee and helped put this together. ing is one that was made not for polit- to talk about the dangers of this Blunt This is the list of services that was put ical reasons but for medical reasons by amendment. together by the expert physicians in the Institute of Medicine, and it was Senator BLUNT says it has nothing to the Institute of Medicine, this list, pre- made because contraception is impor- do with providing health care to ventive health care, and this list, es- tant to women’s health. It prevents un- women; it has nothing to do with that. sential health benefits. intended pregnancies. The United It is just about freedom of religion, he I was stunned to come on the floor States has the highest rate of unin- says. Well, as many people say, when and hear Senator AYOTTE invoke the tended pregnancy in the developed someone comes up to you and says it is name of our dear colleague and our world. Approximately one-half of all not about the money, it is about the dearly missed colleague, Ted Kennedy. pregnancies here in America are unin- money. And when someone says it is She tried to imply that he would sup- tended. Contraception can help women not about access to women’s health, it port the Blunt amendment. and families address this. is about religious freedom, it is about She is not the first Republican to do Access to birth control is directly access to women’s health care. Why do it. I am calling on my Republican linked to declines in maternal and in- I say that? Because that is what this friends to stop right now because there fant mortality. In fact, the National debate is all about. And we see it all are several reasons why they are wrong Commission to Prevent Infant Mor- over the country with rightwing Re- to do that. First of all, Ted Kennedy, in tality has estimated that 10 percent of publicans trying to take away women’s one of his last acts, voted for the infant deaths could be prevented if all health care. Why are they trying to do health care bill. He voted for the pregnancies were planned. this? You would have to ask them. But health care bill that came out of the For some 1.5 million women, birth we are here to say no. HELP Committee. He helped to write control pills are not used for contra- The thing about the Blunt amend- the preventive section. He helped to ception but for medical reasons. As the ment is, it would not only say that any write the essential health benefits sec- Presiding Officer pointed out in that insurer or any employer for any reason tion. He would never ever—as his son poignant letter from your constituents could stop women from getting access has said—support the Blunt amend- who pointed out all of the reasons that to contraception; it could also stop all ment that would say to every employer women could take contraceptives, it of our families from getting access to in this country if they don’t feel like could reduce the risk of some cancers, essential health care services and pre- offering any of these, they don’t have and it is linked to overall good health ventive health care services. to. outcomes. Why do I say that? Let’s take a look He fought hard for these. He wouldn’t As Governor of New Hampshire, I was at the Blunt amendment. Enough of give an exception to an insurance com- proud to sign a law back in 1999 that this chatter. Let’s take a look at it. pany or a nonreligious employer, requires health care plans to cover con- Here is what it says: A health care plan never. traception. At that time, we heard lit- shall not be considered to have failed How else do I know that to be the tle controversy, little uproar, virtually to provide the essential health care case? I ask unanimous consent to have

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2447

printed in the RECORD a list of bills Amendment you are supporting is an attack tack on women’s health. We have to that Senator Kennedy cosponsored. on that cause. come to the floor and stand on our feet There being no objection, the mate- My–father believed that health care pro- and fight back. rial was ordered to be printed in the viders should be allowed a conscience exemp- You know what. I am proud to do it. tion from performing any service that con- RECORD, as follows: flicted with their faith. That’s what was in I am proud of the men and women who S. 766, Equity in Prescription Insurance his 1995 law and what he referenced to the have stood on this floor and have come and Contraceptive Coverage Act of 1997. Pope. That is completely different than the to press conferences and been on con- S. 1200, Equity in Prescription Insurance broad language of the Blunt Amendment ference calls fighting for women’s and Contraceptive Coverage Act of 1999. that will allow any employer, or even an in- rights. But this issue was decided a S. 104, Equity in Prescription Insurance surance company, to use vague moral objec- long time ago. We know access to con- and Contraceptive Coverage Act of 2001. tions as an excuse to refuse to provide health S. 1396, Equity in Prescription Insurance traception is critical for people. A full care coverage. My father never would have 15 percent of women who use it use it and Contraceptive Coverage Act of 2003. supported this extreme legislation. S. 1214, Equity in Prescription Insurance You are entitled to your own opinions, of to fight debilitating monthly pain or to and Contraceptive Coverage Act of 2005. course, but I ask that, moving forward, you make sure tumors do not grow any S. 21, Prevention First Act (110th Con- do not confuse my father’s positions with larger or for severe skin conditions, gress). your own. I appreciate the past respect you S. 21, Prevention First Act (111th Con- and the rest use it to plan their fami- have expressed for his legacy, but misstating gress). lies. his positions is no way to honor his life’s When families are planned do you Mrs. BOXER. What are these bills? work. know what happens? The babies are These are bills that called for equity I respectfully request that you imme- healthier. The families are ready. for women to get contraceptive cov- diately stop broadcast of this radio ad and Abortions go down in number. It is a erage. If they were given other cov- from citing my father any further. win-win. We all know that and I always erage, they had the right to get contra- Sincerely, PATRICK J. KENNEDY. thought we could reach across the aisle ceptive coverage. Ted Kennedy was a and work together to make sure there leader. He is a cosponsor on all these Mrs. BOXER. In that letter, he said: was family planning. But today just bills. Do you know for how many ‘‘You are entitled to your own opinions proves the opposite, our colleagues on years? Thirteen years. For thirteen but I ask that, moving forward, you do the other side, the Republicans, are years, Ted Kennedy fought for women not confuse my father’s position with bound and determined to go after wom- to get access to contraceptive coverage your own.’’ He said: ‘‘I appreciate the past re- en’s health. in their insurance. I stand opposing the Blunt amend- I say to my Republican friends, don’t spect you have expressed for his legacy, ment, thanking my colleagues for their come to the floor and invoke the name but misstating his positions is no way eloquence, and hoping we can dispose of our dear colleague. I was so proud to honor his life’s work.’’ I ask my colleagues in this debate, of it, defeat it, and get back to our that the first thing I did when I came come and state their own views, but Transportation bill. to the Senate, he asked me if I would don’t misstate the views of a dear de- I yield the floor. help him work on a bill to protect peo- parted colleague who for 13 years sup- The PRESIDING OFFICER. The Sen- ple who were going to clinics, women’s ported a woman’s right to have access ator from New Jersey. clinics, who were being harassed at the to contraception. Mr. MENENDEZ. Mr. President, I clinic door. You know what. I worked I think people watching this today rise to oppose the Blunt amendment it for him. I helped him on the floor, have to be a bit confused because when which simply goes way too far. The and I was so proud we won that. Now they look up at the screen it says we President has struck the right balance there is a safety zone for women when are on a transportation bill. Indeed we in his decision to address religious in- they go to a clinic for their health are. Indeed we have been on it for al- stitutions’ concerns when it comes to care, their reproductive health care. most 3 weeks now. I say to my col- providing women’s health services, but That was Ted Kennedy. leagues who know the importance of this amendment gives all employers Yes, Ted Kennedy supported a con- this bill: Please, let us get to it. Let us shockingly broad discretion to make science clause—we all do, and Presi- get to the heart of the matter. We have moral decisions for their employees, dent Obama has taken care of that. He a huge unemployment rate among con- fundamental decisions about some of has stated clearly in his compromise struction workers. The unemployed the most personal issues an individual that if you are a religious institution, construction workers could fill 15 faces—the health care needs of them- you do not have to offer birth control Super Bowl stadiums. That is how selves and their families, a woman’s coverage. If you are a religiously affili- many are unemployed. We need to get decision about contraception and fam- ated institution, you don’t have to to this bill. ily planning, decisions about whether cover it directly but you do indirectly. It is important to our businesses. It their child gets a blood transfusion for That was a Solomon-like decision by is important to our workers. It is im- deadly disease, decisions regarding the our President. But that is not enough portant to our communities. It is im- use of prescription drugs, decisions on for my Republican colleagues. They portant for our safety. It is important who to treat and how to treat them— have to fight about everything. to fix the bridges and the highways. It based entirely on an employer’s moral I ask unanimous consent also to have is important to carry out the vision of views, not an individual’s moral be- printed in the RECORD the letter Pat- Republican President Dwight Eisen- liefs. rick Kennedy wrote to Senator BROWN. hower, who said it was key that we be The bottom line is health services There being no objection, the mate- able to move people and goods through should not be provided at the moral rial was ordered to be printed in the our great Nation. discretion of an employer but on the RECORD, as follows: When OLYMPIA SNOWE, our very re- medical determination of the employee FEBRUARY 26, 2012. Hon. SCOTT BROWN, spected colleague from Maine, told us and their doctor. According to the De- Suite 100, 337 Summer Street, yesterday she would not seek reelec- partment of Health and Human Serv- Boston, Massachusetts. tion, she said it was because there is so ices, 1.7 million New Jerseyans, almost DEAR SENATOR BROWN: In your current much polarization here. I said this 500,000 children, over 600,000 women and radio ad and in many news reports, I hear morning, this bill is exhibit 1. Here we over 600,000 men benefit from the ex- you claim my father would have joined you have an underlying bill that came out panded preventive service coverage in supporting an extreme proposal now be- of four committees in a bipartisan way. from their private insurers that we cre- fore the U.S. Senate that threatens health care coverage for women and everyone. Your It means we can save 1.8 million jobs, ated under the law: screenings for claims are misleading and untrue. create up to 1 million new jobs, and colon cancer, mammograms for Providing health care to every American guess what. The first amendment is women, well child visits, flu shots, a was the work of my father’s life. The Blunt birth control, women’s health, an at- host of other routine procedures. All

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2448 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 these could be taken away under this doing so, as we have for many years, sequences, and I urge my colleagues to proposed amendment should their em- while respecting people’s personal oppose it and preserve the progress we ployer determine it is against their moral beliefs. made on trying to level the playing personal beliefs or convictions. Supporters of this amendment claim field for workers and patients in this Every day, millions of Americans it is about protecting religious free- country. who are worried about a health condi- dom. They are wrong. Supporters of I yield the floor. tion go to see their doctor. Millions of this amendment claim that recent reg- The PRESIDING OFFICER. The Sen- women go for necessary screening and ulations guaranteeing a woman’s ac- ator from California. access to legal medical procedures. cess to preventive health care services Mrs. FEINSTEIN. Mr. President, I Their doctor evaluates their condition is a governmental overreach. They are rise to thank the distinguished Senator and recommends a course of treatment wrong. What supporters of this amend- from New Jersey for his remarks, and and that can range from simple preven- ment are actually trying to accomplish most particularly for the remarks of tive measures, such as exercise and has nothing to do with either of those my friend and colleague from Cali- diet, to a prescription drug regimen, to issues. It has to do with trying to dis- fornia. She has fought this fight along major surgery. The last thing a woman mantle heath care reform to score with the dean of our women, Senator or her doctor should have to concern cheap political points and throw Amer- MIKULSKI, year after year and time themselves with is whether their em- ica’s mothers, daughters, and sisters after time. ployer will deem their medical treat- under the bus in the process. Before I speak about the Blunt ment to be immoral based on their em- This amendment is not about reli- amendment, I wanted to express that ployer’s personal beliefs, regardless of gious freedom. The President rightly the retirement or announced perspec- their own beliefs or needs. The last addressed that concern with a recent tive retirement of Senator OLYMPIA thing they need is to be denied cov- compromise he announced for religious SNOWE is, for me, a heartbreak. I have erage by an employer who would be al- institutions. No, it is about allowing regarded her as one of the most impres- lowed, under this amendment, to effec- morality-based medicine to deny cov- sive Senators in our body. She still has tively practice a form of morality med- erage for neonatal care for unwed many good years ahead of her. I have icine that has nothing to do with ac- women, to deny access to lifesaving had the pleasure of working with her cepted medical science or the affected vaccines for children, to refuse to cover on a number of bills. Most importantly, individual’s personal beliefs. medications for HIV and other sexually we did really the only fuel economy Under the language of this amend- transmitted diseases or even deny cov- improvement that had been done in 20 ment, that is exactly what would hap- erage for diabetes or hypertension be- years in the 10-over-10 bill. What is in- pen. It would allow employers simply cause of an unhealthy lifestyle. The teresting about it is it was a bipartisan to deny coverage based on a particular scope of this amendment is unlimited. bill and it got passed thanks to Sen- religious doctrine or moral belief, re- If it were truly about religious free- ator Ted Stevens who was Vice-Chair- gardless of the science, medical evi- dom or about contraceptives, then why man of the Commerce Committee at dence or the legality of the prescribed have so many nationally respected or- the time and it was put in his bill. So treatment. Put simply, we expect our ganizations that have nothing to do it was really quite wonderful to see health insurers, no matter where we with birth control, reproductive issues that happen. work, no matter what our faith, to or religion, such as the Easter Seals, This is my 20th year here, along with cover basic benefits and necessary the March of Dimes, the Spina Bifida my friend and colleague Senator medical procedures recommended by Association, come out in such strong BOXER, and over the last 10 years what our doctor and then we as individuals opposition? The answer is simple, be- I have seen is more and more attacks should have the right to decide which cause the amendment isn’t about birth on women and women’s health, stem- of those benefits we use based on our control and it isn’t about religious ming largely from the abortion de- own personal beliefs, our medical diag- freedom. The amendment is about fun- bates, but not only that. We have nosis, and our treatment options. Just damentally undermining our system of fought—and Senator MIKULSKI has led because one person makes one decision patient protections, especially for the way—for equal pay, we have fought or holds one belief doesn’t mean some- women, and leads us backward to a against discrimination, attacks on one else will do the same. That is what time when insurance companies and Title X Family Planning grants, at- freedom is all about. employers could play life-or-death tempts to defund Planned Parenthood, The arbitrary denial of coverage games with insurance coverage. Sup- and attempts to limit access to preven- based on anything other than good porters of this amendment will stop at tive health care such as contraception. science and rational medical therapy nothing to undermine the progress These attacks to limit a woman’s right was the driving force behind the need made thanks to health care reform, to make her own reproductive health for health care reforms that ensured progress that says insurance companies care choices have now escalated to an that if one paid their premiums, they can no longer deny coverage because of unprecedented level. I am not going to would be covered, freeing families from a preexisting condition, can no longer go into the specifics of some of them, having to choose between putting food impose arbitrary caps on the coverage but trust me, I never thought I would on the table, paying their mortgage or you can receive or cancel a policy be- see people in public office put forward using their savings to pay for medical cause of a diagnosis they deem too ex- some of the bills out there. I believe treatment because an insurer, based on pensive to cover. In my view, it is strongly that all women should have their own rules, refused to cover them. shameful that they are using women’s access to comprehensive reproductive With this amendment, we are turning health and access to vital preventive care, and should be able to decide for back the clock and allowing the arbi- services as a scapegoat for a larger themselves how to use that care re- trary denial of coverage based on some- anti-health agenda. Any attempt to gardless of where they work or what one else’s sense of morality. That is say otherwise is wrong. insurance they have. not what America is about. It is not Let me close by saying to allow any The other side of the aisle has tried what freedom of religion is about. employer the ability to deny any serv- to take away access not only to contra- In a system predicated on employer- ice for any reason is doing a disservice ception but also primary and preven- based health insurance coverage, in to the people we represent. We would tive screenings for low-income women which workers often forgo other bene- be turning the Constitution on its head that are provided by the Title X Fam- fits such as wage increases in exchange to favor a morality-based medical deci- ily Planning program and by Planned for coverage, it is vitally important to sion over good science and over the re- Parenthood. Title X programs serve ensure families can count on their cov- lationship between a patient and their over 5 million Americans nationwide, erage to provide the treatments and doctor. This is an incredibly over- Planned Parenthood almost 3 million. benefits they need. We can continue reaching amendment with radical con- They are not minor, they are major,

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2449 and for many individuals it is their Earlier we heard from an intensive I come to the floor today with sad- only source of care. And now here we care nurse who had worked 37 years in ness in my heart. I come because over are defending not just women’s rights intensive care in a Boston hospital who the weekend one of our Maryland Na- but the rights of all Americans to have said people get the best care essen- tional Guards was killed in Afghani- access to essential and preventive tially when the politicians stay away, stan. He was one of two men working health care benefits. and I believe that. I have heard to in a building in which he was attacked I strongly oppose this latest attack date—and I am sure Senator BOXER has by someone he trusted at the Interior in the form of the Blunt amendment, heard from a similar number—from Service, and it appears that he was as- and I join my colleagues on the floor to 11,500 constituents in my State, Sen- sassinated. I talked to his widow. We speak about the harm that this amend- ator BOXER’s State, who oppose this are sad. We are sad that somebody who ment will do. amendment and have grave concerns went to defend freedom was killed in I think it was stated by Senator about its implications. I don’t need to such a terrible way. MENENDEZ that the amendment is tell the women in this body that we I am sad because last night I spoke to vague. In its vagueness it becomes a have had to fight for our rights. No one a dear friend of mine whose husband is predicate for any provider, employer, has given women anything without a very ill from the ravages of brain can- or insurer to decline to provide to fight. We had to fight for our right to cer, and we remembered so many good cover a myriad of health care benefits inherit property, our right to go to col- times we had together, but those good simply on the basis of religious beliefs lege, our right to vote, and for the last times don’t seem possible in the future. or moral conviction. There is no state- 10 years, the right to control our own I want so much for her to be with her ment in the legislation as to what the reproductive systems. We will continue husband and not think about the con- religious belief or moral conviction has to fight the Blunt amendment and sequences of costs and so on. to be, when it begins, or when it ends. other attempts to roll back the clock. Last night we learned that our very It is an excuse as to why they do not I urge my colleagues to think care- dear friend and colleague, Senator want to do something. fully about the long-reaching implica- OLYMPIA SNOWE, is going to retire not What does this mean? Well, what it tions of this amendment and oppose it. because she is tired but because she is means in reality is 20 million women Senator BOXER shared with me a letter, sick and tired of the partisanship. Sen- could be denied any preventive health and she indicated that she had read one ator SNOWE is not tired. She is sick and care benefits, including contraception, part of it. I wish to read another part tired of the partisanship. And you mammograms, prenatal screenings, of it. This is a letter from Patrick Ken- know what. So am I. and cervical cancer screenings. In addi- nedy to SCOTT BROWN, and I want to We have a highway bill here. We have tion, 14 million children—and this is read this paragraph because it involves an unemployment problem. We could right—could be denied, under this someone everybody on this floor knows solve America’s problems and get it Blunt amendment, access to rec- sat right over there at that desk for rolling again, and if we pass the high- ommended preventive services includ- years and was known as the lion of the way bill—with the appropriate debate ing routine immunizations, necessary Senate. When he stood on his feet, ev- on amendments germane to the bill— preventive health screenings for in- eryone listened. Here is what Patrick we could do it. So I am really sad. fants, and developmental screenings. Kennedy said: I am sad that I have to come to the In my State alone an estimated 6.2 My–father believed that health care pro- floor to debate an amendment that has million individuals—2.3 women, 1.6 mil- viders should be allowed a conscience exemp- lion children, and 2 million men—could no relevance to the highway bill. And I tion from performing any service that con- am sad because we are so tied up in be denied access to the preventive flicted with their faith. That’s what was in health services afforded to them by the his 1995 law and what he referenced to the partisan politics and scoring political health reform law, which incidentally Pope. That is completely different than the points that we don’t look at how we is four typewritten pages, single broad language of the Blunt amendment that can get our troops out of Afghanistan. spaced, a list of preventive health serv- will allow any employer, or even an insur- How can we make sure we have a budg- ance company, to use vague moral objections ices. This debate is not about religious et that can fund the cure for cancer as an excuse to refuse to provide health care and at the same time make sure any freedom. It is about allowing providers coverage. My father never would have sup- and employers the right to deny access family hit by that dreaded C word ported this extreme legislation. doesn’t go bankrupt during care? to care for autism screening, STD and It is signed Patrick Kennedy, and I cancer screenings, and well-baby exams I am devastated that a dear friend believe Senator BOXER put the letter in and extraordinary public servant is so for any reason. All they have to say is the RECORD so anyone who wishes to they have a moral concern with it, that fed up with how toxic we have become see the whole letter has access to it. that she chooses not to run for office their conscience bothers them. But I hope this amendment is defeated For instance, any employer could again. So I want to be serious, and on the floor. therefore you need to know I am really refuse to cover screening for type 2 dia- I see the distinguished Senator from betes because of moral objections to a sad about this, but I also am frustrated the neighboring State, Maryland, the about this. So I want to talk about this perceived unhealthy lifestyle. A health dean of the women, is on the floor. plan could refuse to cover maternity Blunt amendment because we have I will yield the floor. heard nothing but mythology, smoke- coverage for an interracial couple be- The PRESIDING OFFICER. The Sen- screens, and politics masquerading as cause they have a religious or moral ator from Maryland. objection to such a relationship. The Ms. MIKULSKI. Thank you very morality all day long. only thing this amendment does is pro- much, Mr. President. Let me tell you what the Blunt tect the right to deny. It doesn’t give Mr. President, what is the parliamen- amendment is not. It is not about reli- anything. It allows denial. It does tary situation? gious organizations providing health nothing to protect the rights of em- The PRESIDING OFFICER. The ma- care and the government saying what ployees to access fundamental health jority has 11⁄2 minutes remaining. the benefits should be. It is not about care. Ms. MIKULSKI. Mr. President, I ask affiliated religious organizations and The radical wing of the Republican unanimous consent to extend the time the government saying what the serv- Party does not speak for most of the on the Democratic side for 15 minutes. ice is to be. This amendment is about women in this country. About 100 orga- The PRESIDING OFFICER. Without nonreligious insurance companies and nizations nationwide oppose this objection, it is so ordered. nonreligious employers. It is about sec- amendment, including the National Ms. MIKULSKI. Thank you very ular insurance companies and it is Partnership for Women and Families, much. I want to thank my colleagues about secular employers. The Blunt National Physicians Alliance, Human who have spoken on this amendment, amendment allows that any—any— Rights Campaign, and the American particularly those who oppose the health insurer or employer can deny Public Health Association. amendment. coverage for any health service they

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2450 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 choose based on something called reli- This is why Americans are so fed up. States of America no child should die gious beliefs and moral convictions. They want us to focus on health care. because of the absence of health care; Now, there is a body of knowledge They want us to focus on how to lead no woman should be discriminated that defines religious beliefs, but what better lives. against in the health care system; and, is a moral conviction? That is not doc- Let me talk about how we got here in at the same time, a person needs to be trine. That is a person’s personal opin- the first place. Do my colleagues re- able to have the opportunity to get the ion. A moral conviction, no matter how member why we had health reform leg- services their doctor says they need. heartfelt, no matter how sincere, no islation? I remember because it still The other thing on our agenda was to matter how fully based upon ethical exists: 42 million Americans are unin- not only save lives, but to save money, principles, is still a person’s personal sured; 42 million Americans are unin- and we knew that prevention was the opinion. So we are going to allow the sured for health care. way to go. I came to the floor and of- personal opinions of insurance compa- This is the fifth anniversary of a lit- fered the preventive health amend- nies and the personal opinions of em- tle boy in Prince George’s County who ment. It was a great day. Many women ployers to determine what health care died because he could not have access spoke for it. It was primarily oriented a person gets. What happened to doc- to dental care. His infection was so toward women, but it was going to tors? What happened to the definition bad, so severe, and there was nobody to cover men as well. It was going to of essential health care? So this is not see him. His mother was too poor to be make sure that early detection and about religious freedom; this is not able to pay for it. That little boy, in early screening would save lives. We about religious liberty because it is not the shadow of the Capitol of the United spoke about the necessity for mammo- even about religious institutions. So States, died. grams. We spoke about the necessity let’s get real clear on this Blunt Now, that is why we work for the Af- for screening for diabetes and heart amendment. fordable Care Act. People can call it disease and the kinds of things that, if This amendment is politics ObamaCare. I don’t care what people detected early, could save lives. That masquerading as morality. Make no call it. I call it an opportunity for the bipartisan amendment passed. mistake. The politics is rooted in want- American people to get what a great Then, after it was passed, and after ing to derail and dismember the Af- democratic society should provide. the bill passed, the Secretary of Health fordable Care Act and our preventive Then, we not only looked at what and Human Services said: Preventive health care amendment. was uninsured, we also looked at the benefits should be defined not by poli- So what the Blunt amendment does, issues around women. Senator STABE- ticians and not by a bureaucrat at HHS as I said, is allow any insurer or any NOW held a hearing, and I held a hear- but by the medical community. So she employer to deny coverage based on re- ing, and guess what we found. Women requested the Institute of Medicine to ligious beliefs or moral convictions. pay more for their health insurance define the preventive health care ben- Well, what that essentially means is than men of equal age and equal health efit. The preventive benefits we are this: Let’s look at examples. If an em- status. Nobody said that is a social jus- talking about that Senator BLUNT says ployer has a conviction, a personal tice issue. Well, I have a moral convic- an employer doesn’t have to provide opinion, against smoking, they can tion about that. I have a really deeply came from the Institute of Medicine. It refuse to cover treatment for lung can- felt moral conviction that if you are a didn’t come from the Congress. It cer or emphysema. If an employer has woman, you shouldn’t be discriminated a personal opinion that they call a didn’t come from bureaucracy at HHS. against by your insurance company. moral conviction that doesn’t approve It came from a learned, prestigious so- We also found that women were de- of drinking alcohol, they can refuse to ciety that we turn to—the Institute of nied health care because of preexisting cover any program for alcohol treat- Medicine. This is what they said are conditions. We found that in eight ment or substance abuse. the essential preventive services that Let’s say there is an employer who States, if a person was a victim of do- would save lives as well as save money. doesn’t believe in divorce and they say: mestic violence, they were doubly So this is where this came from. I will not cover health care for any- abused—not only by their spouse, but Now, some are on the floor saying: If body who is divorced because I have a they couldn’t get insurance coverage you have a moral conviction against moral conviction against that. Suppose because they said the cost of physical what the Institute of Medicine says is a person says—there are some schools and mental health care would be too an essential benefit, you could go of thought that say: I have a moral much. Well, I had a moral conviction. I ahead and do it. Again, we are not conviction that a woman can only see had a moral conviction that if you are talking about religious institutions a woman doctor, and I will not cover a victim of domestic violence, you who are employers; we are not talking anything where she is seen by a male shouldn’t be denied health care. I had a about religious-affiliated institutions; physician. Where are we heading? real strong moral conviction about we are talking about nonreligious in- These are not ridiculous examples. It that. stitutions. puts the personal opinion of employers Then, during my hearing, I heard a Ordinarily I would call this amend- and insurers over the practice of medi- bone-chilling story. It wasn’t just me; ment folly, but this is a masquerade. I cine. it was all who attended. There was a think it is just one more excuse to opt This is outrageous. This is vague. It woman who testified that she had a out of the Affordable Care Act. It is is going to end up with all kinds of law- medically mandated C-section. Then one more excuse to opt out of suits—let’s speak about lawsuits. While she was told by her insurance com- ObamaCare. They want to opt out, but some have been pounding their chests pany, in writing, that she had to get I think it is a cop-out, and we have to talking about religious freedom and sterilized in order to receive health in- stop masquerading that this is about the Constitution, what is also in the surance. The insurance company was morality or the first amendment or Blunt amendment is this whole idea mandating sterilization for her to get someone’s religious beliefs. that gives employers access to Federal coverage. I nearly went off my chair. So I hope we defeat this Blunt courts if they believe they can’t exer- At that hearing there was a rep- amendment. Most of all, I wish we cise the amendment. This is a new law- resentative of the insurance company. could get back to talking about the se- yers full employment bill. They had no moral reaction to that. rious issues affecting the American I am shocked because the other party They had no moral reaction to that. I people. I am going to bring those is always trashing lawyers. They are had a reaction. I had a really big one. troops home. I sure want to find that always trashing the trial lawyers asso- That is why we got the amendments we cure for cancer and help come up with ciations. Now they have created a did, where you could not deny health the resources so we can do it. I am whole new right—or an opportunity— care on the basis of preexisting condi- going to be sure that no little boy ever for Federal court action, clogging the tions. So I have a lot of moral convic- goes through what Deamonte Driver courts on this particular issue. tions about this: that in the United and his family had to suffer.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2451

Let’s defeat the Blunt amendment. tating monthly pain. It is prescribed BOXER, but I am saying out loud—if Let’s get back to the highway bill. for skin diseases. It is prescribed to this Blunt amendment passes, I believe Let’s get America rolling—and how make sure cysts on ovaries do not keep the voices of women will be heard. about let’s start functioning as an in- growing and growing and possibly lose They will be heard on the Internet. stitution that focuses on civility and an ovary. They will be heard in streets and com- finding the sensible center that Amer- But what has happened—and I guess I munities. Most of all, they will be ica has been known for in other years want to ask my friend one question be- heard in the voting booth. when we had the ability to govern. fore she leaves—is that the Blunt Mrs. BOXER. Madam President, I I yield the floor. amendment would say that anybody, just want to thank my colleague from The PRESIDING OFFICER (Ms. KLO- for any reason, any day, could cancel Maryland for her eloquence and for her BUCHAR). The Senator from California. out that whole list of preventive and fighting spirit. The year I came here Mrs. BOXER. Madam President, be- essential health care services that she was following on the Anita Hill issue, fore the Senator from Maryland leaves fought so hard for. when the world saw and this country the floor, I think it is an opportunity So when they say this is about reli- saw we had no women on the Judiciary to thank her so much for speaking the gious freedom, no, no, no; that has Committee. Now, our Presiding Officer truth today on the floor of the Sen- been taken care of by our President. In sits on that committee. Senator FEIN- ate—just the facts—and what the Blunt terms of any provider that is religious STEIN and Senator Moseley-Braun were amendment is about and isn’t about. or religiously affiliated, they do not the two women to serve on that com- Also, I watched her recite the history have to provide contraception directly. mittee after we saw there were no of trying to bring preventive care and Even Catholic Charities’ response was women, and they paved the way for my essential health care benefits to our ‘‘We are hopeful that this is a step in good friend to bring her fabulous back- people, realizing that she was in that the right direction . . . ’’, the Catholic ground and expertise to the table. pivotal position in the HELP Com- Health Association supports the com- But when Congressman ISSA, the mittee. promise, and so on. So I want to ask chairman of the committee that had no I remember her looking at me one my friend, is she aware that when Con- women on a panel talking about wom- day—because we are very close friends; gressman ISSA held a hearing on wom- en’s health—imagine, no women. Do we we are not on that particular com- en’s health care, there was not one have that photo, Cerin? Do we have the mittee together—and she said to me: woman on the panel, on that first photo of the five men testifying about Senator Kennedy asked me—I just get panel? Did she see those photos of that women’s health, talking about wom- the chills when I think of it—to take panel that was called to speak on wom- en’s access to contraception, talking on this issue of prevention and work en’s health? about birth control? Not one of those with TOM HARKIN and Chris Dodd and Ms. MIKULSKI. Oh, I sure did, and it men ever gave birth as far as I know, step to the plate on these essential was deja vu all over again, I say to my unless they are a medical miracle. This benefits and on preventive benefits. colleague from California, because it photo I have in the Chamber I think is She literally raised this issue, particu- was like the Anita Hill hearings. The changing this country this year be- larly on the prevention side—I don’t Senator remembers what happened cause a picture is worth thousands of know if the Presiding Officer remem- there. words. Look at this picture, and we see bers—in caucuses, on the floor, in the Mrs. BOXER. Yes, I do. over on the House side on that Repub- committee, at press conferences, that Ms. MIKULSKI. During that time, lican side, that is who they want to we could have a new day in health care there was not one woman on the Judi- hear from. When a woman in the audi- in this country because although we ciary Committee. ence said to the chair of that com- spend more than any country in the Mrs. BOXER. Absolutely. mittee: Can I speak? I think I have world, we are not getting the same re- Ms. MIKULSKI. This is not new. The some important information, he said sults because we haven’t invested in discrimination against women has been she was not qualified. So I suppose if a prevention. around a long time. I consider discrimi- person wants to be qualified to speak As she said, it is not up to politicians nation against women one of the great about women’s health, they have to be to decide what prevention should look social justice issues, whether you are a a man. Her story she wanted to share like; it is up to the doctors. Under the secular humanist or you have core be- was of a friend who was unable to get Senator’s leadership and that of Sen- liefs in an organized religion. access to birth control because her em- ators HARKIN and Dodd and all the I found not only the picture appall- ployer did not offer it, and she was too wonderful members of the HELP Com- ing, but I want to reiterate what we financially strapped to purchase it. As mittee, as well as the Finance Com- have been saying here: There is a sys- a result, a cyst on an ovary became so mittee—and, yes, Ted Kennedy in the tematic war against women. We do not large and so complicated she lost her background because he was quite ill, get equal pay for equal work. We are ovary. but he sent his messages, and his staff often devalued in the workplace. We Now, I just want to say to my col- helped—they came up with a list of es- worry more about parking lot slots for leagues, we are on a highway bill. We sential health care services that no- our cars than childcare slots for our have to be kidding that we have now body could ever quarrel with. They also children. Then, when it comes to wasted 3 weeks because we are so con- came up with a list of preventive health care, what was so great about sumed with attacking women’s health. health care services that were so crit- the preventive amendment was, first of Get over it. We are not going to go ical to all of us, particularly to women. all, we talked not only about family back. The women of this country will The great news: Proving to us that planning, where women could have the not allow it. when we invest in prevention, we save children they knew they could care for, Look what happened in Virginia. so much down the line. We all know but we talked about prenatal care. We They had a plan. They were going to this is a fact. talked about making sure our children mandate an invasive procedure, a Access to contraception, by the way, had the opportunity for viability and humiliating procedure, a medically un- was put on the list not by politicians survivability at birth. necessary procedure to women. In Vir- but by the Institute of Medicine be- So, yes, it was both a picture of us ginia the women said: What? And the cause it is known that if the individual not being included, but it shows we Governor said: Whoops, I have some chooses that route to plan their fami- need to be able to fight to be heard. ambitions to do more than this. I bet- lies, that means we have fewer abor- The issue is, women’s voices are not ter change. tions and it means we will have being heard, and I am saying today the I just want to say to my colleagues: healthier families, healthier babies. voices of women are being heard and Vote this down. Table this amendment, And many people take the birth con- the voices of good men who support us. this Blunt amendment. This is not trol pill as medicine to prevent debili- I am telling you—not you, Senator going to get us anywhere. What does it

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.000 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2452 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 do to create one job—except new jobs of the air. They want to repeal that gins in this Congress as well as in the for attorneys, as it sets up a whole no law. Great. That is great. That will past two. right of action. I am sure the trial law- really do something to make us safe. Virtually no industry—other than yers are going to love the Republicans So I am ready for these amendments. baseball and insurance—enjoys the for this bill. It sets up a whole new Come on to the floor. Give us a time sweeping nature of the antitrust ex- right of action because somebody is agreement. Let’s get on with it. Let’s emptions as does the freight railroad going to say: I have a moral objection then allow the germane amendments to industry. Yet, paradoxically, the con- against giving cancer treatment to a be offered. solidated nature of the freight railroad child because I think prayer is the an- The last comment I will close with is industry makes full application of swer. Somebody will sue, and that em- this because it is haunting me: The pic- antitrust law even more necessary. ployer will sue, and they will sue and ture of 15 football stadiums, with every Just three decades ago there were they will sue and there will be money, seat filled, would equal the number of more than 40 class I freight railroads in money, money going to lawyers. Great. unemployed construction workers we the United States. But today, after What did that do to help one child? have out there today. Well over 1 mil- massive waves of consolidation, nearly What did that do to make somebody lion suffering because they cannot find 90 percent of industry revenues are feel better? What did that do to create construction work. controlled by just four railroads. Many one job? So I can only say, it is time to get areas of the country are served by only I know the leaders on both sides are this birth control amendment behind one, leaving their shippers captive to trying to figure out a pathway forward us. Let’s beat it. Let’s beat the Blunt rate increases and anticompetitive on this highway bill. I am just saying, amendment. It is a disaster. It is dan- measures. we better have a pathway forward. I gerous. It is hurtful. It is irrelevant to The effects of these antitrust exemp- want to say to the Presiding Officer this bill, and it is dangerous for the tions protecting monopoly behavior are sitting in the chair, who was a proud country. Stop invoking the name of a easy to see. Increased concentration, member of the Environment and Public departed colleague. Respect his family. combined with a lack of antitrust scru- Works Committee—and I hated to lose Respect his memory. Let’s get this tiny, have had clear price effects. A her, but everybody wanted her on their vote over with. Let’s go to the business September 2010 staff report of the Sen- committee, so I lost her—she knows at hand and create the jobs the Amer- ate Commerce Committee stated: how it is. She lives in a State where a ican people are crying for. The four Class I railroads that today domi- bridge collapsed. She fought hard to I am very pleased to see a colleague nate the U.S. rail shipping market are get that bridge rebuilt in record time. has arrived, so I yield the floor. achieving returns on revenue and operating She knows how important it is to pro- The PRESIDING OFFICER. The Sen- ratios that rank them among the most prof- tect people by making sure our bridges ator from Wisconsin is recognized. itable businesses in the U.S. economy. are safe, that we have safe roads to Mr. KOHL. Madam President, I come Since 2004, this report found ‘‘Class I schools, that we have good transit al- here today to speak about my amend- railroads have been raising prices by an ternatives, that we fix our roads and ment No. 1591, which is a bipartisan average of 5% a year above inflation.’’ our highways. amendment to repeal the freight rail- The four largest railroads nearly dou- Madam President, 70,000 of our road industry’s undeserved exemptions bled their collective profit margins in bridges are deficient, 50 percent of our to the antitrust laws, exemptions that the last decade to 13 percent, ranking roads are not up to standard, and we result in higher prices to hundreds of the railroad industry the fifth most are voting on birth control? Come on. businesses and millions of consumers profitable industry as ranked by For- What is next? Egypt? They have a every day. These outmoded exemptions tune Magazine. A 2006 GAO report fur- whole list of things that have nothing do damage to numerous industries thermore found that shippers in many to do with the highway bill. Bring it across our country—industries that are geographical areas ‘‘may be paying ex- on. Let the people see who is stopping vital to our economy and to the job cessive rates due to a lack of competi- progress, who is stopping this bill be- market. tion in these markets.’’ Given the in- cause at the end of March do you know From power companies that rely on dustry’s concentration and pricing what happens. We run out on the au- coal shipped by rail, to farmers ship- power, the case for full-fledged applica- thorization of the highway bill. We run ping grain, to chemical companies that tion of the antitrust laws is plain. out on the authorization of the Trans- rely on rail to transport raw materials, It is more than just railroad shippers portation bill. We run out, and we will to paper companies that ship their fin- who pay the price of a railroad indus- lose 630,000 jobs right then and there. ished products via rail, the railroad’s try unchecked by antitrust oversight. Instead, we can get this bill done. It antitrust exemption leads to higher These unjustified cost increases cause is terrifically bipartisan. It came out of prices and renders rail shippers at the consumers to suffer higher electricity the committee 18 to 0. It came out of mercy of rail monopolies engaged in bills because a utility must pay for the other committees with a bipartisan anticompetitive practices. high cost of transporting coal, higher vote. We can get on with it, protect 1.8 The railroads enjoy these antitrust prices for goods produced by manufac- million jobs, and create up to another immunities despite the industry’s very turers who rely on railroads to trans- 1 million jobs. Madam President, 2.8 high levels of concentration—with four port raw materials, as well as higher million jobs are at stake, and we are freight railroads controlling nearly 90 food prices for everyone. debating birth control. percent of the market as measured by Railroad monopoly conduct ripples I think this is resonating in the revenue and dividing up the country so through the economy, causing pain in country. All of a sudden, people wake that they face very little, if any, rail countless corners of commerce. The up and they say: What are they doing competition in many areas of our coun- current antitrust exemptions protect a there? What is happening there? When try. wide range of railroad industry conduct they see this, it is going to be very This amendment is very simple. from antitrust scrutiny. Unlike vir- clear we have a bill that has been stuck Wherever the law provides freight rail- tually every other regulated industry, on the floor for 3 weeks because the Re- roads with an antitrust exemption, this the Justice Department cannot bring publicans are demanding votes on mat- amendment repeals it. In this way, the suit to block anticompetitive merg- ters that have nothing to do with the railroads will have to abide by the ers—a fact that has greatly aided the highway bill. The first one is on birth same rules of free competition as vir- sharp industry consolidation I have al- control. They are talking about some- tually every other industry. This ready described. thing on Egypt. They are talking about amendment is identical to the Railroad Private parties and State attorneys something on—oh, this is a good one— Antitrust Enforcement Act, bipartisan general cannot bring private antitrust repealing an environmental law that is legislation that has passed the Judici- lawsuits to obtain injunctive relief, keeping arsenic, lead, and mercury out ary Committee by overwhelming mar- leaving pernicious industry practices

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2453 such as bottlenecks and paper barriers associations for the electrical, agricul- Bill volunteered to join the Army in exempt from antitrust review. Railroad tural, chemical, and paper industries; 1942. A year later he volunteered to practices subject to the jurisdiction of the National Industrial Transportation join the Rangers, a select group that the Surface Transportation Board are League; and the Nation’s leading con- were charged with special missions. effectively immunized from antitrust sumer groups. Bill says that because of all of their remedies. Our amendment will elimi- In sum, by clearing out this thicket special training, they would simply nate these exemptions once and for all. of outmoded antitrust exemptions, this ‘‘get the mission done.’’ Railroads will be fully subject to anti- amendment will cause railroads to be Bill got out of the Army in 1945, after trust law and will have to play by the subject to the same laws as the rest of the war, but took a look at the job same rules of free competition that all our economy. Government antitrust market and said, ‘‘I think I’ll go back other businesses do. enforcers will finally have the tools to in.’’ Bill served in the Army for 24 The rail industry’s widespread grant prevent anticompetitive transactions years. Bill likes to say, ‘‘Everything of antitrust exemptions has its origin and practices by railroads. Likewise, that happened, I volunteered for.’’ And decades ago when the industry was sub- private parties will be able to utilize if you happen to ask how he feels when ject to extensive regulation by the the antitrust laws to deter anti- he looks back, he will say just as plain- long-ago abolished Interstate Com- competitive conduct and to seek re- ly, ‘‘No regrets.’’ merce Commission. But no good reason dress for their injuries. This year the Army has awarded Bill exists today for these exemptions to In the antitrust subcommittee, we a Purple Heart. But not for the first continue. have seen that in industry after indus- time. During World War II, the Army While railroad legislation in recent try vigorous application of our Na- tried. But Bill, in an Army ward sur- decades, including, most notably, the tion’s antitrust laws is the best way to rounded by soldiers who had lost arms Staggers Rail Act of 1980, deregulated eliminate barriers to competition, to and legs in fighting, believed his much railroad rate-setting from the end monopolistic behavior, and to keep wounds did not measure up, and so he oversight of the Surface Transpor- prices low and quality of service high. said, ‘‘I don’t think so.’’ tation Board, these obsolete antitrust The railroad industry is no different. Bill’s son David, more than 60 years exemptions remained in place, insu- All those who rely on railroads to ship after his father first declined the Pur- lating a consolidating industry from their products, whether it is an electric ple Heart, contacted the Army about obeying the rules of fair competition. utility for its coal, a farmer to ship trying again. Capturing his father’s hu- There is no reason to treat railroads grain, or a factory to acquire its raw mility in declining the medal decades ago, David calls his dad ‘‘the nicest guy any differently than dozens of other materials or ship out its finished prod- you’ll ever meet. Friendly and out- regulated industries in our economy uct, deserve the full application of the going but by the same token, he that are fully subject to antitrust. antitrust laws to end the anticompeti- When this amendment was filed a tive abuses all too prevalent in this in- doesn’t like to talk about himself’’ says the son. couple of weeks ago, the railroad indus- dustry today. Bill is the father of seven children, try responded by claiming this amend- I urge my colleagues to support this and nearly all of them who could join ment ‘‘goes way beyond antitrust laws amendment. I yield the floor. the service did or married someone who and looks to create new regulatory law The PRESIDING OFFICER. The Sen- did. on matters unrelated to antitrust, and ator from Tennessee. Bill is not a native Tennessean. He in so doing treats [railroads] dif- Mr. ALEXANDER. Madam President, was born in Newark, NJ. He came to ferently than other regulated indus- I ask unanimous consent to speak as in Tennessee first as a Ranger in training. tries.’’ morning business. The Rangers came from all over the These arguments are completely The PRESIDING OFFICER. Without country and assembled in Camp For- without merit. Nothing in this amend- objection, it is so ordered. rest in Tullahoma for training. Bill’s ment goes ‘‘way beyond antitrust law’’ TRIBUTE TO WILBUR K. HOFFMAN wife came down to visit him there for or ‘‘looks to create new regulatory Mr. ALEXANDER. Madam President, a couple of days during training, and it law.’’ In fact, this amendment creates my late friend, the late Alex Haley, the must have had a real effect on her, be- absolutely no new regulatory law author of ‘‘Roots,’’ lived his life by cause more than 30 years later, after whatsoever. It simply repeals all of the these six words: Find the Good and Bill was out of the Army after 24 years antitrust exemptions enjoyed by the Praise it. of service, and they were living in New freight railroad industry. I am here today to praise a remark- York State, Bill’s wife said to him, ‘‘I This amendment would not treat able hero who served in one of the most want to go to Tennessee. I like it down railroads any differently than other difficult battles in our Nation’s history there.’’ So they packed up the U-Haul regulated industries. The mere fact and who today at 90 years old lives a and moved to Ashland City, along the that an industry is regulated does not quiet life in Memphis with his family. Cumberland River. exempt it from antitrust law. Many Wilbur K. Hoffman, or ‘‘Bill’’ to his Today Bill is one of only three Rang- other regulated industries, including fellow Rangers, was a member of the ers left from the original 2nd Battalion the telecommunications sector regu- Dog Company of the 2nd Ranger Bat- Dog Company. While the Ranger re- lated by the FCC and the aviation and talion, which in 1944 was among the se- unions used to occur once every 2 trucking industries regulated by the lect few companies that stormed the years, the guys are getting old, Bill Department of Transportation, are cliffs at Pointe du Hoc on D-day and says, and now they are doing them fully subject to antitrust law. turned the war around for the Allies. every year. ‘‘Good bunch of guys,’’ Bill This amendment simply seeks to end Forty years after Bill Hoffman and calls his fellow heroes. ‘‘They say the special exemption from antitrust his fellow 2nd Battalion Rangers clam- Ranger friendships are forever. It’s law enjoyed by freight railroads—an bered up the rocky cliffs on the shore- true.’’ exemption which is both wholly unwar- line of France, President Reagan re- Bill turns 91 on Friday. It is an honor ranted and raises prices to shippers and turned to the windswept spot to pay for me to wish this American hero a consumers every day. tribute. President Reagan called them happy birthday. Dozens of organizations and trade ‘‘the boys of Pointe du Hoc.’’ The Congratulations, Bill Hoffman. We’re groups representing industries affected President said: proud of you. Your Nation is proud of by monopolistic railroad conduct have These are the men who took the cliffs. you. ‘‘Find the good and praise it.’’ endorsed the Railroad Antitrust En- These are the champions who helped free a I yield the floor. forcement Act, which is identical to continent. These are the heroes who helped The PRESIDING OFFICER. The Sen- this amendment. Supporters of the leg- end a war. ator from Rhode Island. islation have included 20 State attor- This is Bill Hoffman, a hero who Mr. WHITEHOUSE. Madam Presi- neys general in 2009; the leading trade helped free a continent and end a war. dent, I rise today to speak in support of

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2454 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 the Transportation reauthorization bill broke ground on the Interstate High- critical I–95 corridor. It is a potential that is currently before the Senate. It way System. safety hazard for the 160,000 vehicles is called the Moving Ahead for As important as this bill is to our that travel on it each and every day, as Progress in the 21st Century Act, so we long-term prosperity and our global well as to the cars and trains that pass call it by its acronym, MAP–21. It is a economic position, MAP–21 also pro- underneath. The bridge is inspected on critical piece of legislation that will vides immediate support to local con- a regular basis, just as a precaution. If put Americans back to work and lay struction projects and the quality jobs the viaduct were to fail or simply re- the foundation for future economic that go along with them. quire posted weight limits, it would growth. It is estimated that MAP–21 will pro- cause substantial regional disruptions Our transportation infrastructure tect 1.8 million existing jobs around to traffic and commerce and trade. has long been at the heart of America’s the country, with the potential to cre- Clearly, this is a problem that needs success, from the transcontinental rail- ate up to a million more new jobs. This to be addressed. The cost of repairing road to the interstate highway. Yet, is particularly important given the the Providence viaduct is estimated at across the country, the infrastructure high level of unemployment in the con- roughly $140 million. This is a reason- that helped build our great economy struction industry. In my home State able investment to help ensure the flow has been allowed to fall into disrepair. of Rhode Island, this bill would support of commerce through the entire North- For evidence of our Nation’s crum- an estimated 8,100 jobs. At a time when east, but it represents a very signifi- bling infrastructure, one need look no our State’s unemployment rate hovers cant financial burden for a small State further than my home State of Rhode stubbornly around 10 percent, those such as Rhode Island. Fixing the via- Island. Anyone who drives to work or jobs are absolutely crucial. duct would take out almost two-thirds school in our State sees the problems— Given the decrepit state of our trans- of the money that Rhode Island would bridges that are subject to weight re- portation systems, it should be obvious get from this bill. Rhode Island simply strictions, highways with lane clo- that we will have to address our infra- isn’t big enough and doesn’t have the sures, and roads everywhere marked structure needs at some point. We need resources to tackle this important with potholes. Only one-third of our to do this work sooner or later, and project and still meet our other trans- highway miles are rated in fair or good there is no better time to make that portation obligations. condition; the majority are poor or me- investment than now, with so many I have filed an amendment to MAP–21 diocre. According to a recent report, workers ready to get to work and so to fund the program for the Projects of one in five bridges in Rhode Island is many projects ready to get underway. I National and Regional Significance structurally deficient—the fourth high- know that in Rhode Island there is no Program. The Projects of National and est figure for any State. You look na- shortage of workers or worthwhile Regional Significance Program is a tionwide, and the picture does not im- transportation projects. In fact, Sec- competitive grant program that is de- prove. retary of Transportation LaHood was signed to support critical, high-cost The American Society of Civil Engi- in Providence today, and I invited him transportation projects that are dif- neers rates our national transportation to tour one of the most significant of ficult to complete with existing fund- systems as near failing. They give our Rhode Island’s transportation projects, ing sources. This program can help us roads and highways a D-minus, our and that is the Providence viaduct. address those big infrastructure bridges a C, our freight and passenger That viaduct is an overland highway projects around the country—ones such as the viaduct—that are currently rail a C-minus, and our transit systems bridge that carries Interstate 95 for being kicked down the road because a D. This is not the kind of report card nearly a quarter mile through down- the State DOTs cannot scrape enough you want to post at home on your re- town Providence, our capital city. It is money together to get them underway. frigerator, and it is not one our great one of the busiest stretches of the en- The Projects of National and Re- Nation should tolerate. tire I–95 corridor. gional Significance Program is author- Instead of committing ourselves to The viaduct runs north and south ized in MAP–21. We got that done in solving our infrastructure deficit, how- over U.S. Route 6 and State Route 10, the Environment and Public Works ever, we continue to fall short. The the Amtrak northeast corridor, com- Committee. Now we need to get that civil engineers estimate that we would muter, and freight rail lines, and over authorized program funded. I am need to dedicate $250 billion each year the Woonasquatucket River. It pro- pleased to have the support of my sen- to bring our transportation systems vides access to downtown Providence, ior Senator, JACK REED, and Senator into a state of good repair. At current four universities, Rhode Island Hos- MERKLEY on this amendment. I look levels, the United States spends only pital, our convention center and arena, forward to working with them and 2.4 percent of GDP on infrastructure, and the Providence Place Mall, not to other Senators so that we can start the compared with European nations at 5 mention the north-south traffic along important work of rebuilding critical percent and China and India at about 9 the eastern seaboard that traffics infrastructure projects, such as the vi- percent. through this area. aduct, that are so important to our Let’s recall why it is so important What Secretary LaHood saw on his economy. that we invest in transportation. Our tour today is a bridge that is quite lit- While I am thanking other Senators, economy relies on the ability to get erally crumbling. The viaduct was let me recognize Senator OLYMPIA goods and services to where they are built in 1964, and it is showing its age. SNOWE for her work on another amend- needed. An entrepreneur cannot start a Its deck is badly deteriorated, steel ment that would grant States limited business if his employees cannot get to girders are cracked and don’t meet flexibility to use congestion mitigation work. A manufacturer cannot stay in minimum specifications for brittleness, and air quality funds toward their business if its products cannot reach and our State department of transpor- transit systems. This is an important its customers. A free market can only tation has installed these wooden issue for Rhode Island, as we begin to operate if supply can actually get to planks under the I-beams to keep con- scale up our new South County com- demand. Our roads, trains, and buses crete from falling through onto the muter rail. are what allow this to happen. cars, pedestrians, and even the trains I introduced a version of this amend- If we don’t make the necessary in- that travel underneath the highway. ment in committee and continue to be- vestment, our global competitors nev- You can also see here where a section lieve that increased flexibility in the ertheless will. MAP–21 represents a of the concrete has fallen through the Congested Mitigation and Air Quality downpayment that will fund important supports, exposing the steel reinforce- Program, or CMAQ, would promote highway, transit, and rail projects to ment, which is now rusting out in the State-level transit options that we so repair our aging transportation infra- open. critically need. structure and help ensure that America While the viaduct remains safe for Let me thank our chairwoman, Sen- can succeed, as it has since we first travel today, it is a weak link in the ator BOXER, and her ranking member,

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2455

Senator INHOFE, for their consideration and 50 percent of the roads that are not tant benefits, plus a list of essential of our amendment and, more impor- up to par. In Rhode Island, we have se- benefits just as important, that all of tant, for their hard work on this bill rious problems, and the Senator has that could come to nothing if the Blunt overall. As a member of the Environ- brought those to the floor. He is a lead- amendment passed and an employer ment and Public Works Committee, I er on a clean and healthy environment, woke up and said: I know how to save can testify that the leadership of protecting the air and water for his money, I will have a moral objection Chairman BOXER and Ranking Member people. and not offer anything? Is my friend INHOFE, working together, is what has The Senator could not be more elo- aware of how deep this Blunt amend- made the difference for this transpor- quent. He is making a point that we ment reaches into health care reform? tation reauthorization. Through their could come up with very difficult Mr. WHITEHOUSE. I thank my efforts, we were able to unanimously amendments and slow things up and chairman, and yes, it is kind of aston- vote the bill out of committee, making gum up the works, et cetera, but ishing, the breadth and the scope of the important statement that invest- doesn’t my friend think that with so this amendment. As if CEOs don’t have ment in our Nation’s infrastructure many construction workers out of enough power over their workforce, as has strong, bipartisan support. They work—they have well over 15 percent if they haven’t done enough to send have set an example that I hope ulti- unemployment in the construction in- jobs from American factories offshore mately will be followed by the handful dustry, which is about twice the na- to factories overseas, now they would of Senators who are obstructing tional rate, which is too high as it is— be able to dictate what kind of health progress on this transportation bill, we have a chance to protect 1.8 million care their employees can receive, and and our colleagues on the other side of jobs and create another million jobs, not based on marketplace consider- this building. The American people de- and isn’t it time to say that birth con- ations, not based even on health con- serve better than efforts to gut trans- trol was an issue that was resolved dec- siderations, but based on their own un- portation jobs and slash infrastructure ades ago and let’s move on to the task checked moral or religious beliefs. programs, or to slow down progress on at hand and put people back to work? Mrs. BOXER. Exactly. this bill with irrelevant amendments. Mr. WHITEHOUSE. It doesn’t make Mr. WHITEHOUSE. I think it is a With our economy struggling to get sense. I thank her for getting us to this terrible mistake to go down that road, back on its feet, with our roads and point. I know how much frustration she but I think it is a double mistake: it is bridges in desperate need of repair, now must feel, having worked so hard and wrong to go down that road in the first is not the time to be debating unpopu- in such a bipartisan way to get us to instance, but it is also wrong while we lar and misguided efforts to roll back this point and to now have a process need jobs so urgently, while our high- protections for women’s health. Now is that would get this bill moving forward ways crumble and our bridges deterio- not the time, and this is not the bill, to and get funding out there, get infra- rate and water works continue to fail debate whether we should undermine structure repaired, put men and women and we have the ability to put people rules that protect our environment or to work in good, solid, high-paying to work in America at good jobs. You fast track a pipeline project that is jobs, only to be all snarled up so that a can’t offshore a job building an Amer- clearly not ready for prime time. We small group of people can score points ican highway; you have to do it right have a bipartisan bill before us. We with a political issue that has nothing here in this country. These are impor- have a bill that will create jobs. We to do with transportation, infrastruc- tant jobs and this is important work. have a bill that will get our economy ture, or highways. We should be getting about this. moving forward. That should be our If people want to have a fight about I think it sends a terrible signal to priority. We should get to the business whether women should get access to the American people when the Senate, of legislating on this bill. contraceptive medicine, I suppose that taking up this piece of legislation, has This is a country that does big is their right in the Senate. But the to be led off into all these other battles things. We built highways and rail sys- idea to stop a highway bill to forge that have nothing to do with highways, tems connecting Americans from coast that fight is what to me is irrespon- that have nothing to do with infra- to coast. We built skyscrapers and air- sible. structure, that have nothing to do with planes and rockets to take us to the Mrs. BOXER. I know my colleague jobs, but are simply an exercise in po- Moon and back. Big things are part of worked very hard on the health care litical gamesmanship. America’s national identity. Just as bill, am I right on that? Mrs. BOXER. Right. important, they are a vital source of Mr. WHITEHOUSE. Yes. Mr. WHITEHOUSE. It is unfortunate, jobs during this trying economic time. Mrs. BOXER. I remember him being when there are real stakes for real fam- Let’s keep doing big things. Let’s so proud of the prevention piece he ilies on the table and real time slipping give the people in Rhode Island and brought to us. He made the case to us by, that we don’t get this done. We get across the country a transportation in- publicly, and privately in caucus, that jacked up enough around here, but as frastructure they can be proud of, and it would save so much money for the hard as the chairman has worked to let’s not cut funding and retreat. We American people. Right now, we know, bring this to the floor and to be ready, cannot afford to go backward. The in- for example—and I just read this—if here we are, stopped again, dealing frastructure is what supports our econ- you have colorectal screening, you are with irrelevant issues again, and all for omy. We need to refocus on the job of 50 percent less likely to die of the entertainment and distraction of getting America moving ahead, and colorectal cancer. This is a screening people. It is not about jobs, it is not MAP–21 is a step forward. test. about the economy, it is not about our I thank the Chair and yield the floor. We certainly know about mammog- infrastructure, it is not about laying Mrs. BOXER. Madam President, I raphy and all of this. Is my colleague the foundation for future prosperity, thank Senator WHITEHOUSE of Rhode aware that what the Blunt amendment and so it is frustrating that we have to Island for his words. Also, he is an ex- says is that any employer, religious or go through this exercise. ceptional member of the Environment not, any insurance company, religious Mrs. BOXER. I thank my friend. and Public Works committee. First and or not, can withhold any one of those When I looked at him, I thought, He is foremost, he brings us the point of view preventive services from being offered one of the few people who have such a of his State and he fights on every to employees if they had some kind of personal stake in two issues that have issue every day. He brings national vague moral objection? Is my colleague been merged together, unfortunately: leadership to the floor on the issue of aware that all the work he put in on the Blunt amendment, which would infrastructure and the need to keep up making sure that insurers cover our allow anyone to opt out from providing with our incredible failing infrastruc- people for preventive services, such as so many of the services my friend ture—the fact that we have to fix these mammography, colorectal screening, worked to make sure the American bridges, 70,000 of which are insufficient, HIV screening, and all of these impor- people have, plus 3 weeks we are now

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2456 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 delayed on a bill my friend helped me This amendment would undermine the Af- to which the employer has a religious or with so strongly and so powerfully. So fordable Care Act’s guarantee that all insur- moral objection, including contraception, as I wanted to make sure people in his ance plans cover preventive services and well as many other health services. As the nation’s largest union of nurses, State understood that he has worked so would do serious harm to our efforts to re- duce the rate of chronic disease in this coun- doctors, and healthcare workers, we know hard to make sure people have access try. that women’s healthcare choices are too to health care, and the Blunt amend- One of the most important provisions in often driven by the reality that the cost for ment would drive a big Mack truck the Affordable Care Act (ACA) was the re- gas and groceries comes first. Contraceptive through this—not to use a kind of quirement that preventive services be cov- use is the rule, not the exception, for women funny analogy on the highway bill, but ered with no cost-sharing. Chronic diseases— who can afford it. In fact, 99 percent of that is what it would do, in the mean- such as heart disease, cancer, stroke, and di- women overall and 98 percent of Catholic abetes—are responsible for 7 out of 10 deaths women use contraception at some point in time stopping us from getting on to their lives. Women should have the freedom our work in creating all these jobs. among Americans each year and account for 75 percent of the nation’s health spending. to make personal, private decisions about My feeling is we will defeat the Blunt Including preventive services within essen- their families and their future with their amendment tomorrow. I am very hope- tial health benefits represents a critical op- doctor and their loved ones. An employer has ful. But with that in mind, Madam portunity to ensure that millions of Ameri- no place in that decision-making process. President, I ask unanimous consent to cans have access to prevention-focused We urge you to oppose the Blunt Amend- ment when it comes up for a vote on the Sen- have printed in the RECORD a number health care and community-based preventive ate floor. SEIU may add votes on this of letters speaking to the Blunt amend- services. This is essential if we are to address risk factors for chronic diseases—such as to- amendment to our scorecard, located at ment. www.seiu.org. Should you have any ques- There being no objection, the mate- bacco use, poor diet, and physical inac- tivity—which will allow us to improve the tions or concerns, contact Steph Sterling, Legislative Director, at steph.sterling rial was ordered to be printed in the health of Americans and reduce health costs @seiu.org or at 202–730–7232. RECORD, as follows: over the long term. Sincerely, AMERICAN CANCER SOCIETY, The Blunt Amendment would allow any MARY KAY HENRY, CANCER ACTION NETWORK, health insurance plan or employer, religious International President. Washington, DC, February 29, 2012. or not, to exclude any preventive service if DEAR SENATOR: On behalf of millions of they object based on undefined ‘‘religious be- FEBRUARY 29, 2011. cancer patients, survivors and their families, liefs or moral convictions.’’ This is an ex- FRIENDS, this week the Senate may con- we write to express our opposition to the traordinarily broad provision which could re- sider an amendment by Senator Blunt (R– amendment proposed by Senator Roy Blunt sult in coverage denials for virtually any MO) that would eliminate access to essential to the Moving Ahead for Progress in the 21st preventive service. Americans should be able health benefits for millions of Americans. Century Act that would permit employers to to count on a minimum level of coverage no The Human Rights Campaign (HRC) strongly refuse employee insurance coverage for any matter where they work, and this amend- urges your boss to vote no on the Blunt health benefit guaranteed by the Affordable ment sets a dangerous precedent. Amendment. HRC will consider this a key Care Act if the employer raises a religious or Transportation legislation is an oppor- vote. moral objection to those benefits. tunity to expand access to healthy transpor- When Congress passed the Affordable Care Annually, seven out of ten deaths among tation choices, such as walking and cycling, Act in March of 2010, the intent was to en- Americans are attributed to chronic diseases which will keep our communities moving by sure that all Americans had access to health such as cancer, diabetes, heart disease and providing healthy, safe, and accessible trans- insurance. More specifically, it required that stroke. The Affordable Care Act made sig- portation options. It should not be a forum a core set of benefits be covered, including nificant strides to stem this epidemic by en- for re-opening the ACA and reversing gains preventive care specially designed for women suring patients would have access to essen- we have made in prevention and public and children. The essential health benefits tial care that could address prevention, early health. I hope the Senate will defeat the package was carefully crafted to respect reli- detection, and treatment—all necessary ele- Blunt Amendment and instead focus on gious interests and individual conscience. To ments to improve the health and well-being amendments to MAP–21 that would promote that end the ACA includes a strong exemp- of our nation. good health and 21st century transportation tion, allowing approximately 335,000 church- Unfortunately, the expansive nature of the policy. es/houses of worship to refuse to provide proposed Blunt amendment would directly Sincerely, birth control for their employees. In re- undercut this progress. Specifically, it would JEFFREY LEVI, PH.D. sponse to concerns raised by religiously-af- allow any health insurance plan or employer, Executive Director. filiated hospitals, universities and other fa- with a religious affiliation or not, to exclude cilities, the President has proposed addi- any service required by the Affordable Care FEBURARY 13, 2012. tional protections that would allow those en- Act if they object based on undefined ‘‘reli- DEAR SENATOR, on behalf of the more than tities—which operate as businesses and serve gious beliefs or moral convictions.’’ The im- 2.1 million members of the Service Employ- and employ the broader public—not to pro- plications of this provision could result in ees International Union (SEIU), I urge you vide birth control coverage, but still ensure coverage denials of lifesaving preventive to oppose an amendment offered by Senator that their employees have access to that services such as mammograms or tobacco Blunt (S. Amdt. 1520) to the surface trans- benefit. cessation based on employer discretion. Con- portation, reauthorization bill (S. 1813) that HRC respects the right of religious groups sider the reality that under the amendment would allow employers to deny coverage for to maintain their beliefs and the important a tobacco manufacturer could refuse cov- contraception and other critical health care role religious organizations play in providing erage of tobacco cessation benefits for its services. important health, education and social serv- employees. The Affordable Care Act, in an enormous ices. The ACA and the President’s proposed We urge all members of the Senate to con- step forward for working women and their compromise strike a respectful balance be- sider the undefined impact this amendment families, requires all new health insurance tween religious interests and the health could have on employee health care cov- plans to cover certain preventive healthcare needs of women. However, HRC is particu- erage, and to please vote against it. Thank services with no cost-sharing or co-pays, in- larly concerned by efforts to go even further you for your consideration of this request. cluding mammograms, pap smears, and well- and permit the religious or moral beliefs of Sincerely, woman yearly exams. Starting this August, individuals or private businesses to limit CHRISTOPHER W. HANSEN, most health insurance plans will be required nondiscrimination protections and equal ac- President. to cover women’s preventive services, includ- cess to services and benefits. When the bal- ing contraception. This is a tremendous ance shifts too far in that direction, all too TRUST FOR AMERICA’S HEALTH, milestone for women’s health and equality in often, lesbian, gay, bisexual and transgender Washington, DC, February 14, 2012. our country. (LGBT) individuals are negatively impacted. SENATOR BARBARA BOXER, Unfortunately, the Blunt Amendment is an The Blunt Amendment would go far be- Chairman, Committee on Environment & Public extreme proposal that turns back the clock yond the President’s reasonable step and Works, Hart Senate Office Building, Wash- on this important advance, allowing employ- dramatically expand the ACA’s religious ex- ington, DC. ers to impose their beliefs on their employ- emption, permitting any employer to opt-out DEAR CHAIRMAN BOXER, I am writing to ex- ees and take away the health care benefits of providing coverage for an essential health press my deep concern over the Blunt their employees would otherwise be entitled benefit or preventive service by asserting it Amendment, which is expected to be offered to receive. The Blunt Amendment allows any violates its ‘‘religious beliefs or moral con- during the debate over S. 1813, Moving Ahead employer to deny insurance coverage for any victions,’’ regardless of whether that em- for Progress in the 21st Century (MAP–21). essential health benefit or preventive service ployer is in any way a religious organization.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2457 This language would undermine the entire Men’s Health Crisis (GMHC); Hadassah, requires that individual and group health healthcare law by allowing employers to The Women’s Zionist Organization of plans cover preventive health services with- cherry-pick what is covered by their health America, Inc.; Health Care for America out any cost-sharing to the patient, includ- insurance. While the amendment comes in Now; Healthy Teen Network; HIV Med- ing evidence-based services recommended by response to recent debate over the coverage icine Association; Human Rights Cam- the United States Preventive Services Task of birth control, it would be all too easy for paign; International Union, United Force; immunizations recommended by the employers to decide to drop other benefits, Automobile, Aerospace & Agricultural CDC’s Advisory Committee on Immunization like HIV testing, or limit coverage for spe- Implement Workers of America, UAW; Practices; and preventive care and cific medical conditions, based on a pur- International Women’s Health Coali- screenings supported by the Health Re- ported religious or moral objection. If en- tion; Jewish Women International; sources and Services Administration acted, the Blunt Amendment would place the Justice and Witness Ministries of the (HRSA), which are outlined in the American moral objections of any employer over the United Church of Christ; Law Students Academy of Pediatrics’ Bright Futures hand- health of millions of Americans, including for Reproductive Justice; book. members of the LGBT community. For these MergerWatch; Methodist Federation Children’s health is the foundation of reasons, HRC strongly urges you to oppose for Social Action. health across the lifespan and preventive the Blunt Amendment. MoveOn.org Political Action; NARAL health services are the bedrock of pediatric Should you have any questions at all Pro Choice America; National Abortion care. All adults once were children, and their please feel free to contact me at (202) 216–1515 Federation; National Alliance on Men- health is significantly influenced by preven- or [email protected] or Andrea tal Illness; National Asian Pacific tive care during their early years. Denying Levario at (202) 216–1520 or an- American Women’s Forum; National childhood preventive care could result in bil- [email protected]. Center for Transgender Equality; Na- lions of dollars of extra expenditures in adult ALLISON HERWITT, tional Coalition for LGBT Health; Na- health care, as we continue the Legislative Director. tional Coalition of STD Directors; Na- unsustainable system of paying for adult tional Council of Jewish Women; Na- conditions that could have been inexpen- sively prevented during childhood. Life-sav- TO MEMBERS OF THE UNITED STATES SEN- tional Council of Women’s Organiza- ing immunizations, developmental ATE: The undersigned organizations are op- tions; National Education Association; posed to the amendment introduced by Sen- National Family Planning & Reproduc- screenings, autism screenings, other behav- ator Roy Blunt (R–MO) that would jeop- tive Health Association; National Gay ioral and mental health assessments, hearing and vision testing, body mass index (BMI) ardize quality health insurance coverage for and Lesbian Task Force Action Fund; measurements, oral health risk assessments, millions of people in this country. National Health Law Program; Na- identification of special health care needs, The Blunt Amendment #1520 to S. 1813, the tional Immigration Law Center; Na- solicitation of parental and child health con- Surface Transportation bill, allows any em- tional Latina Institute for Reproduc- cerns, and anticipatory guidance are all es- ployer or insurance company, religious or tive Health; National Organization for sential components of a pediatric well-child not, to deny health insurance coverage for Women; National Partnership for visit and are all required to be covered with- any essential or preventive health care law, Women & Families; National Physi- out cost-sharing under the ACA. This amend- service that they object to on the basis of re- cians Alliance; National Women’s Law ment would undermine efforts to promote ligious beliefs or moral convictions. That Center. pediatric preventive health and would jeop- means employers and insurance companies New Evangelical Partnership for the ardize the health of infants, children, adoles- can not only deny access to birth control, Common Good; Physicians for Repro- cents and young adults by denying them ac- they can deny access to any health care serv- ductive Choice and Health; Planned cess to these clinically appropriate services ice required under the new health care law Parenthood Federation of America; and treatments. including maternity care for unmarried Population Connection; Progressive Before the law’s passage, pediatricians re- women, vaccines for children, blood trans- Majority; Raising Women’s Voices for ported that their patients were often re- fusions, HIV/AIDS treatment, or type II dia- the Health Care We Need; Religious Co- quired to provide co-pays or provide other betes screenings. This expansive control over alition for Reproductive Choice; Reli- cost sharing for preventive health employees’ coverage will have a harmful im- gious Institute; Reproductive Health screenings. Co-pays and other cost sharing pact on all people, and it will discriminate Technologies Project; Service Employ- are often imposed by insurers to decrease against those who need access to essential ees International Union; Sexuality In- health service utilization, even though fami- health services the most. formation and Education Council of lies already pay a monthly premium. Our or- In short, the Blunt amendment would evis- the United States; SisterSong NYC; So- ganizations have argued that imposing cost cerate critical protections in the Affordable ciety for Adolescent Health and Medi- sharing is completely inappropriate in the Care Act and completely undermine a funda- cine; The National Alliance to Advance context of pediatric preventive services, as mental principle of the health care law—that Adolescent Health; The National Cam- cost sharing has the aggregate effect of lim- everyone in this country deserves a basic paign to Prevent Teen and Unplanned iting clinically appropriate interactions be- standard of health insurance coverage. Pregnancy; Trust Women/Silver Ribbon tween children and their health providers. We urge you to reject the Blunt amend- Campaign; Union for Reform Judaism; Indeed, one of the main reasons that the ment and oppose all efforts to undermine Unitarian Universalist Association of Academy cautions families to seriously con- peoples’ access to health care. Congregations; United Methodist sider alternatives to Consumer-Directed Sincerely, Church, General Board of Church & So- Health Plans is that these plans often do not Advocates for Youth; The AIDS Insti- ciety; U.S. Positive Women’s Network provide ‘‘first dollar’’ coverage for preven- tute; AIDS United; America Votes; and Women Organized to Respond to tive services. American Academy of Pediatrics; Life-threatening Diseases; Women Do- Unfortunately, S. Amdt. 1520 would create American Association of University nors Network. a substantial loophole in the requirements Women; American Civil Liberties for preventive health services because insur- Union; American College of Nurse-Mid- FEBRUARY 27, 2012. ance plans would not be required to offer the wives; American Congress of Obstetri- DEAR SENATOR: As organizations dedicated appropriate array of pediatric preventive cians and Gynecologists; American to the health, safety, and well-being of in- services and due to the cost sharing disincen- Federation of State, County and Mu- fants, children, adolescents, and young tive discussed above. Specifically, S. Amdt. nicipal Employees; American Medical adults, we strongly urge you to oppose Sen. 1520 would allow any employer or insurance Student Association; American Med- Blunt’s amendment, S. Amdt. 1520, to the company to deny health insurance coverage ical Women’s Association; American Moving Ahead for Progress in the 21st Cen- for any service that it finds objectionable on Nurses Association; American Public tury Act, S. 1813. Our organizations oppose the basis of personal beliefs. The amendment Health Association; Asian Commu- this amendment that will hinder access to would not only allow employers and insur- nities for Reproductive Justice; Asso- necessary preventive health screenings for ance companies to deny access to contracep- ciation of Reproductive Health Profes- infants, children, and their families. tion, but would include all preventive health sionals; Black Women’s Health Impera- The Affordable Care Act made significant services covered by Sec. 2713 of the Public tive; Catholics for Choice; Center for progress in prioritizing preventive care, Health Service Act. For instance, if an em- Health and Gender Equity; Center for health promotion, and disease prevention in ployer objects to childhood vaccines on the Reproductive Rights. our health care system. The law includes a basis of personal beliefs, he or she could pur- Center for Women Policy Studies; Coali- number of provisions that safeguard chil- chase insurance that would not be required tion of Labor Union Women; Choice dren’s access to and remove disincentives to cover these life-saving medical interven- USA; Concerned Clergy for Choice; from accessing preventive health care serv- tions. Our organizations are seriously con- Doctors for America; EQUAL Health ices. Specifically, the ACA establishes Sec. cerned that if this amendment passes, chil- Network; Feminist Majority; Gay 2713 of the Public Health Services Act, which dren will not receive the preventive services

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2458 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 they need as a result of the personal beliefs If passed, Senate Amendment 1520 could tute, American Association of Univer- of a single individual, employer, or insurance limit access to necessary health services sity Women, American College of company. well beyond contraceptive coverage, putting Nurses and Midwives, American Con- Our organizations urge Congress to oppose infants, children, adolescents, and pregnant gress of Obstetricians and Gyne- S. Amdt. 1520 to the Moving Ahead for women in danger of not receiving even the Progress in the 21st Century Act and protect most basic health care and preventive serv- cologists, American Medical Students, children’s access to preventive services, in- ices. We urge you to oppose Senate Amend- Black Women’s Health Imperative, cluding vaccines, well-child check-ups, and ment 1520 to the Moving Ahead for Progress Catholics for Choice, Reproductive other essential health benefits that help in the 21st Century Act. If you have any Rights Center, Center for Women Pol- children grow to be healthy, productive questions, please contact Michelle Sternthal icy Studies, Coalition of Labor Union adults. If you have questions or concerns, at [email protected]. Women, Choice USA, Concerned Clergy please contact Kristen Mizzi with the Amer- Sincerely, for Choice, Doctors for America, ican Academy of Pediatrics at 202/347–8600 or American Academy of Pediatrics; Amer- EQUAL Health Network—I mean, this [email protected]. ican Congress of Obstetricians and Sincerely, Gynecologists; American Federation of goes on and on—the National Latina Academic Pediatric Association; Amer- State, County and Municipal Employ- Institute for Reproductive Health, ican Academy of Pediatrics; American ees; Asian Pacific Islander American Planned Parenthood, Population Con- Pediatric Society; Association of Med- Health Forum; Association of Maternal nection, Progressive Majority, Society ical School Pediatric Department & Child Health Programs. of Adolescent Health and Medicine, Na- Chairs; The Society for Adolescent Association of University Centers on Dis- tional Alliance to Advance Adolescent Health and Medicine; Society for Pedi- abilities; CHILD Inc.; Children’s Dental Health, National Campaign to Prevent atric Research. Health Project; Children’s Healthcare Teen and Unplanned Pregnancy, Trust Is a Legal Duty; Easter Seals; Families DEAR SENATOR BOXER: As organizations USA; Family Voices; First Focus Cam- Women/Silver Ribbon Campaign, Union committed to the health and wellbeing of in- paign for Children; Genetic Alliance; for Reformed Judaism, Unitarian Uni- fants, children, adolescents, and pregnant National Association for Children’s Be- versalist Association of Congregations. women, we urge you to oppose the amend- havioral Health. This is a long list of organizations that ment offered by Senator Roy Blunt (R MO), National Association of Pediatric Nurse oppose the Blunt amendment. Senate Amendment 1520, to the Moving Practitioners; National Association of This letter came in from the Aca- Ahead for Progress in the 21st Century Act Social Workers; National Alliance on demic Pediatric Association and a (S. 1813). Mental Illness; Planned Parenthood number of other youth organizations. Senate Amendment 1520 threatens to un- Federation of America; Service Em- dermine crucial clinical and preventive ployees International Union; Society They urge us to oppose the Blunt health services by allowing plans, employers, for Adolescent Health and Medicine; amendment because it doesn’t protect providers, and beneficiaries to refuse cov- Spina Bifida Association; Voices for children’s access to preventive serv- erage for any service currently required America’s Children. ices. under Section 2713 of the Public Health Serv- Mrs. BOXER. Madam President, the This is another letter signed by many ice Act and Section 1302 of the Public Health first letter is from the Cancer Action more organizations, including the Service Act, if deemed objectionable to them Spina Bifida Association, Voices for on moral or religious grounds. The Amend- Network asking us to vote no on the Blunt amendment. America’s Children, Children’s ment would give expansive and explicit li- Healthcare Is a Legal Duty, Easter cense to any employer, health plan, provider, On–behalf of millions of cancer patients, or beneficiary to exclude any health service survivors and their families, we write to ex- Seals, Family Voices, First Focus Cam- from insurance coverage. For instance, a press our opposition to the amendment pro- paign for Children—it goes on and on— small employer or health plan could ban ma- posed by Senator ROY BLUNT. American Federation of State, County ternity care for women due to religious con- They talk about the fact that it and Municipal Employees, American victions regarding out-of-wedlock preg- would permit employers to refuse em- Association of Maternal and Child nancies. Likewise, a health plan or small ployees insurance coverage for any Health Programs, Association of Uni- employer that objects to childhood immuni- health care benefit guaranteed by versity Centers on Disabilities, CHILD, zations, newborn screening for life-threat- Inc. All these organizations have come ening genetic disorders, other components of health reform. And they are very well-child visits, or prenatal care would be strong on this issue. They say: together, and they say: fully within the law to deny coverage for any The implications of this provision could re- As–organizations committed to the health and all of these vital services. sult in coverage denials of lifesaving preven- and well-being of infants, children, adoles- The Affordable Care Act has made signifi- tive services such as mammograms or to- cents, and pregnant women, we urge you to cant gains toward providing critical health bacco cessation based on employer discre- oppose the amendment offered by Senator services for infants, children, adolescents, tion. Roy Blunt. . . . and women of childbearing age. Section 1302 That is a new letter, dated today. So all you are going to hear from the of the Affordable Care Act guarantees that Then we got a letter from the Trust other side is misstatements about how all plans offered in the individual and small the Blunt amendment is nothing more group markets must cover a minimum set of for America’s Health. They say: ‘‘essential health benefits,’’ including mater- The Blunt amendment would allow any than what we have always done. Then nity and newborn care, pediatric services, in- health insurance plan or employer, religious why are you doing it? It is because it cluding oral and vision care, rehabilitative or not, to exclude any preventive ser- reaches so far. and habilitative services and devices, and vice. . . . We all support an exemption for reli- mental health and substance use disorder The SEIU—Service Employees Inter- gious providers. We all support that. services, including behavioral health treat- national—calls the Blunt amendment We do not support the ability of any in- ment. Section 2713 of the Public Health Serv- ‘‘an extreme proposal that turns back surance company, nonreligious, or any ice Act requires that all new health plans the clock.’’ employer, nonreligious, to stand up cover, without cost-sharing, certain preven- and say: You know what, I don’t be- tive services, including evidence-based serv- The Human Rights Campaign Letter: ices recommended by the United States Pre- . . . The Blunt amendment would place the lieve vaccines work; therefore, I don’t ventive Services Task Force; immunizations moral objections of any employer over the think they should be made available to recommended by the Advisory Committee on health of millions of Americans. . . . my people. And when you ask why, Immunization Practices; preventative care Eighty organizations signed a letter, they say: I have a moral conviction. I and screening services for children contained and, referring to the Blunt amendment, have a moral conviction that people in Bright Futures: Guidelines for Health Su- part of that letter says: should have known better before they pervision of Infants, Children and Adoles- That means employers and insurance com- took that first cigarette when they cents; and preventive health care services for panies can not only deny access to birth con- were 11 or 12; therefore, I am not going women developed by the Institute of Medi- trol, they can deny access to health care cine and promulgated by the U.S. Health Re- to give any treatment. Too bad. They service. . . . sources and Services Administration, such as will just get lung cancer. prenatal care, well woman visits, and breast That is signed by Advocates for I mean, seriously. That is what the cancer screening. Youth, America Votes, the AIDS Insti- Blunt amendment will do. It will allow

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2459 anyone—nonreligious—to say they rassed and powerless she felt when she was simply because the insurance policy that I have an objection and not offer a host standing at the pharmacy counter, learning paid for totally unsubsidized by my school of preventive and essential health care for the first time that contraception wasn’t wouldn’t cover my prescription for birth con- services, including contraception. covered, and had to walk away because she trol when I needed it.’’ Now, in addition to couldn’t afford it. Students like her have no facing the health complications that come So tomorrow is our time. We are choice but to go without contraception. Just with having menopause at an early age—in- going to defeat the Blunt amendment, on Tuesday, a married female student told creased risk of cancer, heart disease, and when we defeat the Blunt amend- me she had to stop using contraception be- osteoporosis, she may never be able to be a ment, we are going to move on to the cause she couldn’t afford it any longer. mom. highway bill. Hooray. And maybe, just You might respond that contraception is Perhaps you think my friend’s tragic story maybe people will listen to Senator accessible in lots of other ways. Unfortu- is rare. It’s not. One student told us doctors OLYMPIA SNOWE, who said we should nately, that’s not true. Women’s health clin- believe she has endometriosis, but it can’t be not get tied up in knots over these con- ics provide vital medical services, but as the proven without surgery, so the insurance Guttmacher Institute has documented, clin- hasn’t been willing to cover her medication. troversial things and we should do ics are unable to meet the crushing demand Last week, a friend of mine told me that she what is right for the American people. for these services. Clinics are closing and also has polycystic ovarian syndrome. She’s I certainly support that. women are being forced to go without. How struggling to pay for her medication and is There is just one more thing I want can Congress consider allowing even more terrified to not have access to it. Due to the to put in the RECORD. employers and institutions to refuse contra- barriers erected by Georgetown’s policy, she Madam President, I ask unanimous ceptive coverage and then respond that the hasn’t been reimbursed for her medication consent to have printed in the RECORD non-profit clinics should step up to take care since last August. I sincerely pray that we the testimony of a woman who tried of the resulting medical crisis, particularly don’t have to wait until she loses an ovary or when so many legislators are attempting to is diagnosed with cancer before her needs very hard to be allowed to speak with defund those very same clinics? and the needs of all of these women are a panel of men at a congressional hear- These denials of contraceptive coverage taken seriously. ing. impact real people. In the worst cases, This is the message that not requiring cov- There being no objection, the mate- women who need this medication for other erage of contraception sends. A woman’s re- rial was ordered to be printed in the medical reasons suffer dire consequences. A productive healthcare isn’t a necessity, isn’t RECORD, as follows: friend of mine, for example, has polycystic a priority. One student told us that she knew ovarian syndrome and has to take prescrip- birth control wasn’t covered, and she as- [From the Law Students for Reproductive tion birth control to stop cysts from growing sumed that’s how Georgetown’s insurance Justice Chapter] on her ovaries. Her prescription is tech- handled all of women’s sexual healthcare, so TESTIMONY FROM LAW STUDENT BARRED nically covered by Georgetown insurance be- when she was raped, she didn’t go to the doc- FROM HOUSE HEARING cause it’s not intended to prevent pregnancy. tor even to be examined or tested for sexu- Members of Congress, good morning, and At many schools, it wouldn’t be, and under ally transmitted infections because she thank you for allowing me to testify. My Senator Blunt’s amendment, Senator thought insurance wasn’t going to cover name is Sandra Fluke, and I’m a third year Rubio’s bill, or Representative Fortenberry’s something like that, something that was re- student at Georgetown Law, a Jesuit school. bill, there’s no requirement that an excep- lated to a woman’s reproductive health. As I’m also a past president of Georgetown Law tion be made for such medical needs. When one student put it, ‘‘this policy commu- Students for Reproductive Justice or LSRJ. they do exist, these exceptions don’t accom- nicates to female students that our school I’d like to acknowledge my fellow LSRJ plish their well-intended goals because when doesn’t understand our needs.’’ These are not members and allies and thank them for being you let university administrators or other feelings that male fellow students experi- here today. employers, rather than women and their doc- ence. And they’re not burdens that male stu- Georgetown LSRJ is here today because tors, dictate whose medical needs are good dents must shoulder. we’re so grateful that this regulation imple- enough and whose aren’t, a woman’s health In the media lately, conservative Catholic ments the nonpartisan, medical advice of the takes a back seat to a bureaucracy focused organizations have been asking: what did we Institute of Medicine. I attend a Jesuit law on policing her body. expect when we enrolled at a Catholic school that does not provide contraception In sixty-five percent of cases, our female school? We can only answer that we expected coverage in student health plans. Just as we students were interrogated by insurance rep- women to be treated equally, to not have our students have faced financial, emotional, resentatives and university medical staff school create untenable burdens that impede and medical burdens as a result, employees about why they need these prescriptions and our academic success. We expected that our at religiously affiliated hospitals and univer- whether they’re lying about their symptoms. schools would live up to the Jesuit creed of sities across the country have suffered simi- For my friend, and 20% of women in her situ- cura personalis, to care for the whole person, lar burdens. We are all grateful for the new ation, she never got the insurance company by meeting all of our medical needs. We ex- regulation that will meet the critical health to cover her prescription, despite pected that when we told our universities of care needs of so many women. Simulta- verification of her illness from her doctor. the problems this policy created for stu- neously, the recently announced adjustment Her claim was denied repeatedly on the as- dents, they would help us. We expected that addresses any potential conflict with the re- sumption that she really wanted the birth when 94% of students opposed the policy, the ligious identity of Catholic and Jesuit insti- control to prevent pregnancy. She’s gay, so university would respect our choices regard- tutions. clearly polycystic ovarian syndrome was a ing insurance students pay for completely As I have watched national media coverage much more urgent concern than accidental unsubsidized by the university, especially of this debate, it has been heartbreaking to pregnancy. After months of paying over $100 when the university already provides contra- see women’s health treated as a political out of pocket, she just couldn’t afford her ceptive coverage to faculty and staff. We did football. When I turn off the TV and look medication anymore and had to stop taking not expect that women would be told in the around my campus, I instead see the faces of it. I learned about all of this when I walked national media that if we wanted com- the women affected, and I have heard more out of a test and got a message from her that prehensive insurance that met our needs, not and more of their stories. You see, George- in the middle of her final exam period she’d just those of men, we should have gone to town does not cover contraceptives in its been in the emergency room all night in ex- school elsewhere, even if that meant a less student insurance, although it does cover cruciating pain. She wrote, ‘‘It was so pain- prestigious university. We refuse to pick be- contraceptives for faculty and staff. On a ful, I woke up thinking I’d been shot.’’ With- tween a quality education and our health, daily basis, I hear from yet another woman out her taking the birth control, a massive and we resent that, in the 21st century, any- who has suffered financial, emotional, and cyst the size of a tennis ball had grown on one thinks it’s acceptable to ask us to make medical burdens because of this lack of con- her ovary. She had to have surgery to re- this choice simply because we are women. traceptive coverage. And so, I am here to move her entire ovary. She’s not here this Many of the students whose stories I’ve share their voices and ask that you hear morning. She’s in a doctor’s office right now. shared are Catholic women, so ours is not a them. Since last year’s surgery, she’s been experi- war against the church. It is a struggle for Without insurance coverage, contraception encing night sweats, weight gain, and other access to the healthcare we need. The Presi- can cost a woman over $3,000 during law symptoms of early menopause as a result of dent of the Association of Jesuit Colleges school. For a lot of students who, like me, the removal of her ovary. She’s 32 years old. has shared that Jesuit colleges and univer- are on public interest scholarships, that’s As she put it: ‘‘If my body is indeed in early sities appreciate the modification to the rule practically an entire summer’s salary. Forty menopause, no fertility specialist in the announced last week. Religious concerns are percent of female students at Georgetown world will be able to help me have my own addressed and women get the healthcare Law report struggling financially as a result children. I will have no chance at giving my they need. That is something we can all of this policy. One told us of how embar- mother her desperately desired grandbabies, agree on. Thank you.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2460 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 Mrs. BOXER. Madam President, this Let’s keep out these extraneous important that we address it and the is a panel of men who were called by amendments that will roll back envi- American people understand what it House Republican Chairman ISSA to ronmental laws that are cleaning up would mean. testify about women’s health—not one the air, that will keep the arsenic and Unfortunately, this amendment im- woman there, but they were the ex- the mercury out of the air and the lead pacts more than just contraception. perts. They denied this woman the out of the air. Let’s not roll back these This amendment ultimately limits our chance to speak. If she had been al- laws on a highway bill. Let’s get the ability to address our health care chal- lowed to speak, this is what she wanted highway bill done. When we have other lenges through prevention and to say: arguments about other issues, let’s put wellness. Chronic conditions such as di- She had a friend who went to the doc- those issues on a relevant bill. abetes, heart disease, and cancer can be tor, and the friend had a cyst on her This is the time now for us to pull to- avoided through prevention, early de- ovary. The doctor said: You have to gether, not pull apart. The Nation tection, and treatment. We all know take birth control. That is going to needs us to work together. It is an elec- that. That is pretty common knowl- help. Those pills are going to help re- tion year, and it is a difficult time. edge in our country. duce the size of that cyst. There is a lot of name-calling going on During health care reform, we made She couldn’t afford the birth control out there on the campaign trail, but we great strides in improving the health pills and her employer wouldn’t cover are still here, last I checked, and we and well-being of our Nation by them, so she couldn’t take them. She is are supposed to be doing our work for strengthening preventive services. We a student. She wrote her friend saying the American people. We have a chance addressed prohibitive costs by elimi- that the cyst ‘‘was so painful, I woke to do it on this highway bill. Let’s de- nating copays and cost sharing for es- up thinking I’d been shot.’’ feat the Blunt amendment in the morn- sential services such as mammograms I will quote part of the friend’s testi- ing. and colonoscopies. We addressed access mony relaying what her friend told I thank my friends for coming over issues by ensuring coverage for preven- her. to the floor and speaking so eloquently tive autism or cholesterol screenings, Without taking the birth control, a mas- today against this dangerous, prece- to name a few. I also fought to include sive cyst the size of a tennis ball had grown dent-setting Blunt amendment that the EARLY Act, which promoted early on her ovary. She had to have surgery to re- will turn back the clock on women’s detection for breast cancer for young move her entire ovary. She’s not here this health and on our families’ health. women. These types of preventive and morning. She’s in a doctor’s office right now. early detection services are vital to so Since last year’s surgery, she has been expe- I yield the floor, and I suggest the ab- sence of a quorum. many people in this country. riencing night sweats, weight gain, and other As a cochair of the Congressional The PRESIDING OFFICER (Mr. symptoms of early menopause as a result of Wellness Caucus, a bipartisan caucus, I WHITEHOUSE). The clerk will call the the removal of her ovary. She’s 32 years old. have also heard from numerous em- As she put it, ‘‘If my body is indeed in early roll. ployers that understand a healthy menopause, no fertility specialist in the The assistant legislative clerk pro- workforce only increases productivity world will be able to help me have my own ceeded to call the roll. and output. It would be unfortunate if children. I will have no chance of giving my Ms. KLOBUCHAR. Mr. President, I we eliminated access to prevention and mother her desperately desired grandbabies, ask unanimous consent that the order simply because the insurance policy that I wellness services that keep our Na- for the quorum call be rescinded. paid for totally unsubsidized by my school tion’s workforce strong and productive. The PRESIDING OFFICER. Without wouldn’t cover my prescription for birth con- Because of the necessity of these serv- objection, it is so ordered. trol when I needed it.’’ ices and the benefits they provide to Ms. KLOBUCHAR. Mr. President, I And so her friend says: men, women, and children, including rise to join my colleagues in opposition Now, in addition to facing the health com- contraception, I asked my colleagues to the amendment offered by Senator plications that come with having menopause to oppose the Blunt amendment. at an early age—increased risk of cancer, BLUNT. The Blunt amendment would allow It is discouraging that when we heart disease, osteoporosis—she may never any employer or insurance company to be able to be a mom. should be having a debate on our Na- refuse to cover any of the prevention So when we talk about the Blunt tion’s infrastructure and surface trans- services, any essential health benefit amendment, we are not talking about portation needs, we are instead talking or any other health service required some obtuse issue, we are not talking about women’s health and contracep- under the health care law, allowing about some philosophical issue. What tion. As the Senator from California these entities to deny critical health we are talking about when we talk noted earlier, my State is a State that care to the millions who rely on these about the Blunt amendment is a young understands the importance of upgrad- entities for insurance. The con- woman, a student at law school who ing our infrastructure and investing in sequences of this provision could mean couldn’t afford to pay for the birth con- surface transportation. I live just a few employers and other organizations for trol pills which would have saved her blocks from the bridge that collapsed any reason refusing to offer coverage of fertility, which would have saved her in the middle of that river on that lifesaving preventive services such as horrific pain—a painful operation sunny day in Minnesota, an eight-lane mammograms or tobacco cessation where she lost her ovary simply be- highway, in the Mississippi River. So would be based on employer discretion. cause she couldn’t have access to her we understand the importance of in- That is why I don’t think it is a sur- birth control pills. vestment in infrastructure, and that is prise that organizations such as the This is not about some argument what we should be focusing on in this American Cancer Society, the Amer- that doesn’t have real consequences for bill. Instead, we have taken a different ican Academy of Pediatrics, the Amer- our people. The Presiding Officer’s con- turn. ican Public Health Association, and stituents and my constituents deserve I understand there are many dif- the March of Dimes oppose this amend- to have access to preventive care. They ferent perspectives and opinions when ment. deserve to have access to essential it comes to issues related to contracep- I think we all know the American health care. The Blunt amendment will tion and women’s health; however, we Cancer Society, March of Dimes, Amer- take that away from them. It will take shouldn’t be talking about them when ican Academy of Pediatrics, and these that away from them. And all on a we are supposed to be talking about in- groups tend not to get involved in con- highway bill. All on a highway bill. frastructure, highway, roads, and traception issues, and that goes to So let’s keep the Blunt amendment bridges. People are free to give speech- show us right now this amendment is away from this highway bill. This high- es, they are free to talk about what- much broader than just talking about way bill is a product of strong biparti- ever they want, but this amendment contraception. sanship, as the Presiding Officer has doesn’t belong on this bill. Neverthe- According to the American Cancer told the Senate. Let’s keep it clean. less, it is here, and I think it is very Society:

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2461 Annually, seven out of ten deaths among amendment would threaten access to a tion needed for women’s health care Americans are attributed to chronic diseases number of clinical preventive services without copays beginning this August. such as cancer, diabetes, heart disease and such as diabetes screening, vaccina- The final rule issued by the Depart- stroke. The Affordable Care Act made sig- tions or cancer screenings, essential ment of Health and Human Services nificant strides to stem this epidemic by en- suring patients would have access to essen- preventive services that have been was a tremendous step toward improv- tial care that could address prevention, early proved to reduce health care costs and ing the health of our Nation’s women detection, and treatment—all necessary ele- save lives. Those services should be and their families—a step that was ments to improve the health and well-being guaranteed to every American without long overdue and one made with due re- of our nation. Unfortunately, the expansive cost. spect for all Americans’ religious free- nature of the proposed Blunt amendment In my home State of Connecticut, dom. would directly undercut this progress. one of the smallest States in the coun- Tomorrow, we will be voting on an I am concerned the broad-based na- try, approximately 270,000 women amendment that would not only undo ture of this amendment would prevent would lose access to preventive care if that progress, it would move us back- men, women, and children from getting this amendment is agreed to. Around ward. What is especially frightening is the preventive services they need as a the country some 20 million women that this amendment goes much fur- result of the personal beliefs of a single would lose that kind of access to pre- ther than just reversing the rule be- individual or an employer or an insur- ventive care. That is a result that sim- cause it is not limited to religiously af- ance company. I do not believe this is ply is unacceptable. The amendment filiated entities. The proposal would the way to protect Americans in need goes too far. It would endanger the allow any employer or health plan of health care services, and I urge my lives of millions of Americans, would issuer to refuse coverage of any service colleagues to oppose this amendment. completely undermine the progress— for any reason, not just religious objec- I yield the floor and I suggest the ab- and we have made progress—in pro- tions. If an employee had any moral sence of a quorum. viding crucial health care services to objection, it would be permitted to The PRESIDING OFFICER. The millions of individuals. refuse coverage for critical care such clerk will call the roll. I oppose this amendment because of as alcohol and other substance abuse The assistant legislative clerk pro- its practical implications, because of counseling, prenatal care for single ceeded to call the roll. its apparent unconstitutionality, and women, and mental health care too. Mr. BLUMENTHAL. Mr. President, I because it flies in the face of sound The way this measure is worded, em- ask unanimous consent the order for public policy. At a time when we are ployees could deny screening and treat- the quorum call be rescinded. considering a bill, the transportation ment for cervical cancer because it is The PRESIDING OFFICER. Without measure that deservedly has broad, related to HPV or refuse HIV-AIDS objection, it is so ordered. widespread, bipartisan support in this testing and treatment due to an objec- Mr. BLUMENTHAL. Mr. President, I Chamber and across the country, we tion to ways the viruses can be trans- come to the floor today with sadness are again polarized, Republican against mitted. They could even refuse to cover and reluctance because we are actually Democrat, regrettably divided and po- certain FDA-approved drugs and treat- debating an extraordinarily worth- tentially gridlocked because of an ments because they object to the re- while, even historic bill that would not amendment that has nothing to do search that led to the drug’s develop- only improve our infrastructure—our with transportation or putting Amer- ment. roads and bridges and highways in the ica back to work. That should be our Major national pediatric organiza- State of Connecticut and throughout task. It is my priority. It should be the tions recently voiced their concern the country—but also provide jobs, en- priority of this Chamber at this his- that if this amendment becomes law, able more economic growth, and pro- toric moment when we are reviving a employers who say they object to mote the effort to put Connecticut and still struggling economy, when people childhood vaccines on the basis of per- our country back to work. My reluc- are hurting, striving to find work, and sonal beliefs could refuse to cover tance is we are debating an amendment when we should be doing everything in these lifesaving and otherwise costly that distracts from that essential task, our power to put America and Con- medical services. In short, this amend- the work that the Nation elected us to necticut back to work and enable eco- ment allows corporations nationwide do, to make our priority creating jobs nomic growth. to overrule the religious and ethical and promoting economic growth. I yield the floor and suggest the ab- decisions made by the people they em- We are debating an amendment that sence of a quorum. ploy and to trump the health care ad- seems fundamentally flawed. I am re- The PRESIDING OFFICER. The vice of their doctors. spectful, as is everyone in this body, of clerk will call the roll. If this amendment passes, it will dis- the moral convictions and religious be- The assistant legislative clerk pro- criminate against most of those who liefs that others may hold. I believe ceeded to call the roll. need financial support, and that is not this amendment is unconstitutionally The PRESIDING OFFICER. The Sen- right. All Americans deserve access to overbroad and vague. It is unaccept- ator from Hawaii. health care. We cannot allow partisan ably flawed in the way it is written be- Mr. AKAKA. Mr. President, I ask ideology to hurt the health of our cause it essentially gives every em- unanimous consent that the quorum women and children. If we do, our sis- ployer—anytime, anywhere, with re- call be rescinded. ters, daughters, and granddaughters spect to any medical condition, any The PRESIDING OFFICER. Without will pay the price. If we defeat this form of treatment—the right to deny objection, it is so ordered. amendment, the final rule will save that essential health care and those Mr. AKAKA. Mr. President, I ask most American women who use contra- services based on his or her undefined unanimous consent to speak before the ceptives hundreds of dollars each year religious beliefs or moral convictions— Senate for 10 minutes. in health care costs. Health experts quoting from the language itself, ‘‘reli- The PRESIDING OFFICER. Without agree that birth control helps to save gious beliefs’’ or ‘‘moral convictions’’— objection, it is so ordered. lives, prevent unintended pregnancies, without any defining limits. Mr. AKAKA. Mr. President, I rise to improve outcomes for children, and re- Insurance companies can even deny a urge my colleagues to oppose the Blunt duce the incidence of abortion. person coverage for mental health amendment, which could lead to dev- Another point raised by my col- treatment or cancer screening or HIV astating health outcomes for over 20 leagues, Senators GILLIBRAND and and AIDS screening simply because million women across our country. BOXER—and I thank them for pro- that employer or insurance company Just 2 weeks ago, I applauded the moting awareness on this issue—is that may believe the causes of those condi- Obama administration’s decision to re- 14 percent of women who use birth con- tions somehow violate his or her reli- quire health insurance plans to provide trol pills, and that is 1.5 million Amer- gious beliefs or moral convictions. This coverage of FDA-approved contracep- ican women, use them to treat serious

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2462 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 medical conditions. Some of these con- gathered a lot of attention across quired of health insurance policies ditions include endometriosis, ovarian America. It is an amendment offered across America when it comes to pre- cysts, debilitating monthly pain, and by the Senator from Missouri, Mr. ventive care. We asked the experts: irregular cycles. BLUNT, and it relates to the health What basics in preventive care should Religious principles are deeply im- services that will be available to people be included to make certain we don’t portant to me as a Christian, so I am across America and it calls into ques- overlook something that is funda- glad the current rule accommodates tion an issue which we have debated mental to a person’s survival or life? conscience objections and exempts reli- since the earliest colonists came to One of the things they said is when it giously affiliated organizations from this country; that is, the appropriate comes to preventive care, to offer to both offering and paying for birth con- role of religion and government in women across America family planning trol coverage for their employees. At America. It is an issue which has been services. That, of course, is the nub of the same time, the core principle of en- hotly debated and contested in the ear- the controversy, the center of it. suring all women’s access to funda- liest days of our Nation and was finally Some religions—the Catholic religion mental preventive health care remains resolved by our Constitution in a man- in particular—have strongly held be- protected because the care will be of- ner that has served us well for over two liefs about family planning. They have fered directly by the insurance compa- centuries. been opposed to what they call artifi- nies. To deny any women access to af- The Constitution speaks to the issue cial forms of birth control from the be- fordable health care—as this amend- of religion in three specific places. It ginning. At this point, the controversy ment would do—is unconscionable. It states in the first amendment that we came up—although those religious in- could have devastating effects not only each have the freedom of religion; that stitutions that are strictly religious, on her health but her family’s as well. is, the freedom to believe or not to be- such as the church rectory, the con- In speaking with women’s health ad- lieve. It says there will be no official vent, and the like, are exempted from vocates and providers in Hawaii and State religion; whereas, in England any requirements when it comes to across the country, one of the most they chose the Church of England, but health insurance—what of those reli- common recommendations I hear for in our government there will be no gious-sponsored institutions such as improving women’s health outcomes is choice of any religion. universities, hospitals, and charities? to ensure access to effective contracep- Finally, there is a provision which What should their requirements be tion. Across the State of Hawaii about says that there shall be no religious when it comes to health insurance for 150,000 women seek access to birth con- test for office. These are all constitu- their employees? So the Obama admin- trol every year, and almost half of tional provisions which, though spar- istration said their employees should them depend on financial assistance to ing in language, have guided us care- also receive the most essential and obtain it. Right now, women in States fully through over 200 years of history. basic services, including preventive that do not have plans that cover birth We see around the world where other care for women, including family plan- control face costs of around $600 per countries have not been as fortunate to ning, and that is when the controversy year. Women and families who cannot come together in basic principles that lit up. afford it can end up facing tens of thou- have kept a diversity of religious belief The President came to what I sands of dollars in costs arising from alive in the country. Time and again thought was a reasonable compromise, complications from unintended preg- we have seen differences when it comes and here is what it says: A religious- nancies and other health care prob- to religion lead to conflict and death. sponsored university hospital, charity, lems, costs that taxpayers often end up We see it today in many places around or the like will not be required to offer supporting. the world. So when our government is health services such as family planning With these facts in mind, I am not called on to make a decision relative to if it violates their basic religious be- surprised that a survey has shown that the role of religion in American life, we liefs. Their health insurance policy will 71 percent of American voters—includ- should take care to stick to those basic not be required to cover those services. ing 77 percent of Catholic women vot- principles that have guided us for over However, if an individual employee of ers—support the administration’s re- two centuries. that religious-sponsored institution quirement to make birth control avail- The issue before us today is what will chooses on their own initiative to go able to all women. I firmly believe reli- be the requirements of health insur- forward to the health insurance com- gious liberty is protected under the ance that is offered by employers pany, they can receive that service new rule, while access to preventive across America. What we have tried to without charge. So the women will be care does not discriminate against any- establish are the essentials and basics offered these preventive care services, one, no matter whom they work for or of health insurance and health care. We which are essential to their health, and what their occupation is. are mindful of the fact that if the mar- yet there will be no requirement of the I urge my colleagues to join me in ket were to dictate health insurance sponsoring institution to include those voting against this dangerous amend- plans and policies, they may not be fair services. It is strictly a matter of the ment, which would set back improve- to the people of this country. I recall employee opting for that coverage. ments in preventive services and wom- an instance before I came to Congress Now comes the Blunt amendment. en’s health care in this country. while working in Illinois where we Senator BLUNT of Missouri said we I yield back the remainder of my learned that health insurance compa- should go beyond that and allow em- time and suggest a quorum is not nies were offering policies which re- ployers and insurance companies present. fused to cover newborn babies in the across America to decide the limita- The PRESIDING OFFICER. The first 30 days of their life. Of course, tions of health insurance policies if clerk will call the roll. that was done for economic reasons, those limitations follow the conscience The legislative clerk proceeded to because children born with a serious and values of the employer. Keep in call the roll. illness can be extremely expensive in mind, we have gone way beyond reli- The PRESIDING OFFICER. The Sen- that 30-day period. We changed the law gious-sponsored institutions; we are ator from Illinois. in Illinois and said, if you want to talking about individual employers Mr. DURBIN. Mr. President, I ask cover a maternity, if you want to cover making that decision. unanimous consent that the order for a child, it is from the moment of birth. Think of the diversity of opinion and the quorum call be rescinded. That became the policy: to establish belief across America, and imagine, The PRESIDING OFFICER. Without basic standards so that families buying then, what we will come up with. We objection, it is so ordered. these policies would have the most have heard many things mentioned on Mr. DURBIN. Mr. President, tomor- basic protections. the floor. My colleagues have made ref- row morning, the Senate will vote on a This issue we are debating with the erence to individuals who may have a measure which is controversial and has Blunt amendment is what will be re- particular religious belief, and own a

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2463 business that has no connection at all Those killed in Syria include two Tunis under the auspices of the Friends to a religion otherwise, and decide then western journalists. Some suspect they of Syria rubric and they called for an that under the Blunt amendment they might have been targeted. The murder immediate cease-fire, the provision of will limit health insurance coverage of a well-known video blogger, Rami el- humanitarian aid, and a U.N. peace- accordingly. We can think of possibili- Sayed, supports that claim. keeping force. ties. Someone believes in conscience In this photo, my colleagues can see The international community has that a woman should never use birth the results of the Syrian Government’s coalesced in support of the Syrian peo- control and says, then, that it will be bombardment of the city of Homs. ple. I wish to recognize once again the prohibited from being offered by the Sadly, this is likely one of the many leadership of the Arab League in build- health insurance policy of that em- burial ceremonies that the people of ing this consensus against the blood- ployer. At the end of the day we would that city have had to endure recently. shed. Even some U.N. Security Council have a patchwork quilt of health insur- Just a few days ago, it was reported members such as India and South Afri- ance coverage and many people in this that the bodies of 64 men were uncov- ca, that early on had concerns about country—men and women—denied ered in a mass grave on the outskirts speaking out, can no longer stand by basic health coverage in their health of the city. The women and children silently as the killing continues. In the insurance because the employer be- who were with them have gone miss- most recent U.N. Security Council vote lieves in conscience it shouldn’t be of- ing. earlier this month, they chose to do fered. That is an impossible situation. The Independent National Commis- the right thing and to vote in favor of It goes beyond the freedom of religion, sion of Inquiry on Syria, working with the latest resolution backing the Arab to imposing someone’s religious belief the U.N., submitted its most recent re- League peace plan. on another, in a situation that could port on February 26. It said the Syrian However, as sad as it is to report, endanger their lives. Government has accelerated the kill- this resolution was vetoed by Russia The Blunt amendment would be a ing of its own people, particularly in and China. The exceptions to the inter- step in the wrong direction for this Homs, resulting in the deaths of nearly national solidarity and support of the country. I think what the President 800 civilians in the first 2 weeks of Feb- Syrian people have been Iran, China, has seized on is a reasonable course of ruary alone. From the report: and Russia. While both Iran and Chi- action, to allow religious-sponsored in- na’s support for the Assad regime is de- On–several occasions in January and Feb- stitutions to follow their moral dic- plorable, it is even worse in the case of tates when it comes to the health in- ruary 2012, entire families—children and adults—were brutally murdered in Homs. Russia, for it is Russia that has the surance they offer, but to still protect most blood of innocent Syrian women It is also noted that protesters have the right of individuals to seek the pro- and children on its hands. Russia is not been arrested without cause, tortured, tection they need. I know it is going to only protecting President Assad as he and even summarily executed. be a controversial vote, but it is one kills his own people, but it continues In October, Senators CARDIN, MENEN- that is important, because I think it to supply him with the weapons to do DEZ, BOXER, and I sent a letter to the strikes the right balance. I think it re- it. How can any responsible nation Ambassador to the United Nations flects back on decisions and values we take such action? have established as a country and that from the United States, Susan Rice, In an interview following the Friends we should work to protect, even in the urging that the Syrian Government be of Syria meeting, Secretary of State midst of a Presidential campaign when referred to the International Criminal Clinton said: Court for possible indictment for war the rhetoric involved in it is very hot It’s quite distressing to see two permanent and inflammatory. crimes. Certainly the evidence for such members of the Security Council using their SYRIA charges is overwhelming and continues veto when people are murdered: Women, Mr. President, I rise to speak of the to this day. children, brave young men. It’s just des- atrocities that are being committed Assad has paid lip service to reforms picable. And I ask, whose side are they on? every day by the Syrian Government such as the sham constitutional ref- Russia has chosen to align itself with against its own citizens—thousands erendum last Sunday. The document’s a murderous regime, to impede demo- who have stood bravely month after most important changes included giant cratic reform, and to facilitate the month against unspeakable violence caveats that they would, in effect, killing of innocent people by putting simply to ask for basic political free- maintain the status quo as it exists in more and more weapons into the hands doms we take for granted in this coun- Syria. of those eager to pull the trigger. try. And I rise to speak of the indefen- One example is Assad’s introduction Despite 6,000 innocent civilians sible and inexplicable support of this of Presidential term limits to 2 terms dying, despite the overwhelming inter- brutal regime by Russia. of 7 years each, but the clock wouldn’t national consensus that Assad has lost It has now been almost one full year start until Assad’s current term ex- legitimacy to lead the Syrian people, since the Syrian uprising began in pires in 2014, giving him 14 more years Russia continues to sell arms to Syria. March 2011. By some reports, over 6,000 in office, a total of 28 years. Incompre- According to media reports: innocent people—civilians—have lost hensible. Shipping data shows at least four cargo their lives in Syria. The exact number Secretary Clinton aptly described the ships since December that left the Black Sea may never be known. Humanitarian referendum as a cynical ploy, to say port of Oktyabrsk—used by Russian arms ex- groups have been prohibited from even the least. porters for arms shipments have headed for On February 17, the Senate unani- or reached the Syrian port of Tartous. Sepa- assisting the wounded, and reporters rately was the Chariot, a Russian ship which prohibited from telling the story to the mously passed a resolution that: docked at the Cypriot port of Limassol dur- world. Syria’s third largest city, Homs, Strongly condemns the government of Syr- ing stormy weather in mid-January. It prom- has been bombarded with rockets and ia’s brutal and unjustifiable use of force ised to change its destination in accordance bombs by the Syrian military for over against civilians, including unarmed women with a European Union ban on weapons to 3 weeks with scores of deaths, short- and children and its violations of the funda- Syria but, hours after leaving Limassol, ages of food and medical supplies. mental human rights and dignity of the peo- reset its course for Syria. One report describes rockets—11 ple of Syria. The Russian arming of the Syrian rockets—slamming into a single apart- Additionally, the U.N. General As- murderers continues. ment building in the space of 2 min- sembly on February 16 passed a resolu- A Cypriot source said that ship was utes. As soon as the barrage stopped tion by a vote of 137 to 12: carrying a load of ammunition and a and people started to rush to get away, Strongly condemning continuing wide- European security source said the ship it started again, killing even more. The spread and systematic human rights viola- was hauling ammunition and sniper ri- result: a horrific trail of death and tions by the Syrian authorities. fles of the kind used increasingly by dying in this building from the fifth Last Friday, more than 60 govern- Syrian Government forces against pro- floor on down. ments and organizations gathered in testers.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2464 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 I want to show one other photograph the public as West Virginia’s First Mildred’s vision for psychiatric care I have here in the Chamber. This photo Lady. For more than 12 years, Joanne extended beyond West Virginia, earn- is of one of those Russian warships—an has been the visionary and the driving ing her national recognition and re- aircraft carrier—docked at the Syrian force behind many of these accomplish- quests for service. In 1973, she became port of Tartous on January 8. What we ments. Her unwavering enthusiasm and the first Black woman to serve as vice could not turn into a poster is the tireless dedication transcend geo- president of the American Psychiatric video clip showing the Russian warship graphical barriers to bring extraor- Association. A short time later, she captains being greeted like royalty by dinary educational opportunities to all was appointed to the President’s Com- the Syrian Minister of Defense who of southern West Virginia. mission on Mental Health, where she went out to personally welcome their I tell young people all the time that played an important role in the cre- ship. they cannot sit on the sidelines and ation of the 1980 Mental Health Sys- Rebel soldiers and an official who de- watch life happen. They have to get in tems Act. fected from the Government of Syria the game and start making the calls. Dr. Mitchell-Bateman was a doctor, a say Moscow’s small-arms trade with The same goes for those students who teacher, and a pioneer. Her accomplish- Damascus is booming, and that the are returning to school for training or ments are made even more remarkable government doubled its military budg- who are taking the initiative to take by the adversity she faced. Her life et in 2011 to pay for the brutal response their careers to the next level. serves as a powerful example to us all to this opposition. Southern helps all students—those of what one can accomplish with con- That said, Russia is in a unique posi- who are just starting out and those viction, dedication, and true West Vir- tion. It has President Assad’s trust and who are in the middle of their careers— ginia grit. confidence—maybe more than any build critical skills and get an edu- Mildred Mitchell-Bateman will for- other country. Should Russia choose, it cation to become a workforce that will ever be remembered for her many years could use this power and influence to meet our needs in the 21st century and of dedicated service to the Mountain constructively broker a real transition beyond. Every day, these students and State, her passion and dedication to and an end to this bloodshed. their teachers are doing the hard work the mental health community, and for The longer President Assad holds that will make our great State and touching the lives of so many patients. power in Syria, the more innocent peo- country competitive by finding new On top of that, she was also a loving ple will die. The window for a more ways to create good jobs and rebuild mother to seven children, and a very peaceful transition and ending is clos- our economy. proud grandmother to ten wonderful ing. Now is the time for Russia to lead Again, I am so proud of this accom- grandchildren. in the right direction—to be a respon- plishment at Southern, and it is just Gayle and I are keeping the Mitchell- sible global partner, and to be part of a one example of what we can achieve Bateman families in our hearts and solution in ending the carnage, blood- when we all work together. prayers. While we know that Mildred shed, and death in Syria. REMEMBERING DR. MILDRED MITCHELL- Mitchell-Bateman is gone, her legacy Mr. President, I yield the floor. BATEMAN and service to the people of West Vir- The PRESIDING OFFICER (Mr. BEN- Mr. President, I also rise today to ginia will keep her alive in our hearts NET). The Senator from West Virginia. recognize the accomplishments and life forever. TRIBUTE TO SOUTHERN WEST VIRGINIA of a mental health pioneer and a most Mr. President, I yield the floor. COMMUNITY AND TECHNICAL COLLEGE beautiful and true West Virginia hero, I suggest the absence of a quorum. Mr. MANCHIN. Mr. President, I rise who we were so sad to lose last month. The PRESIDING OFFICER. The today to recognize two pillars of West It is only fitting to honor her today on clerk will call the roll. Virginia—an educational institution the last day of Black History Month. The bill clerk proceeded to call the that is educating the people of our Dr. Mildred Mitchell-Bateman leaves roll. State for good-paying jobs they are behind a remarkable legacy. She trans- Mr. SCHUMER. Mr. President, I ask going to need and a beloved figure who formed care for mentally ill patients unanimous consent that the order for put our State at the forefront of ad- by working tirelessly to provide hope the quorum call be rescinded. vances in mental health. to people who were once believed to be The PRESIDING OFFICER. Without First, please allow me to recognize untreatable. Her work emphasized the objection, it is so ordered. Southern West Virginia Community importance of family and community— Mr. SCHUMER. Mr. President, we and Technical College for its distin- two values we hold so dear in West Vir- have had a long discussion today on guished ranking as the 14th best com- ginia—and she put a high priority on the amendment to the surface trans- munity college in the Nation because making sure people received care near portation bill offered by my colleague of all the work its staff and students their homes. and friend from Missouri, Senator have done together to develop the Mildred Mitchell made West Virginia BLUNT. I think the discussion has skills necessary to compete in the her home in 1946, when she was hired as shown pretty clearly that the amend- workplace. a staff physician at West Virginia’s ment by the Senator from Missouri is All of us in my great State know Lakin State Hospital, which at the both way beyond the scope of what about Southern’s dedication to active time was a hospital for mentally ill pa- most people envisioned and is extreme. and collaborative learning, and we are tients who were African American. It is way beyond the scope because it so proud that Washington Monthly rec- There she met and married her hus- would cause the deprival of certain ognized the school’s achievements in band William L. Bateman, a therapist types of health care to perhaps mil- its most recent rankings. at Lakin and a native West Virginian. lions of Americans in areas that go This accomplishment is not the work Throughout her 89 years, Mildred way beyond contraception. of any one person, but a shared com- Mitchell-Bateman remained committed All an employer would have to do is mitment to excellence from the to serving those without a voice in our say they have a moral objection to pro- school’s leadership, faculty, staff, and community. After leaving Lakin to viding vaccinations and they would not students. I applaud everyone who is in- practice medicine privately, Mildred have to provide health care. Maybe the volved at Southern for their focus on returned to the hospital as the clinical employees could sue or go to court for improving educational quality through director, and 3 years later was pro- 10 years and figure this out, but that is strengthened student engagement and moted to superintendent. In 1962, Mil- not what we want. So it would be a student success. dred was named as the director of the giant step backward in terms of health In addition, I am so pleased that State’s Department of Mental Health, care. Southern is thriving under the stead- becoming the first African-American It is also a giant step backward in fast leadership of President Joanne woman to lead a West Virginia State terms of depriving millions of Amer- Jaeger Tomblin, who is also serving agency. ican women of contraception. In a

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2465 sense, this is a ban on contraception, this country, not whose religious or and fall of oil and gas prices has a di- at least for the millions of American moral values have precedence. rect impact on American consumers women whose employers would say As drafted, Senator BLUNT’s amend- and our economy. We should increase they do not want to provide contracep- ment would grant employers and accountability and take away the prof- tion. Some might be motivated by reli- health insurance companies the power its of those who manipulate prices and gious beliefs, some might be motivated to deny access to not just preventive supply to their benefit and unfairly by simply saving money, and we would healthcare services for women, but any prey upon consumers. never know except after long and cost- healthcare service, for anyone, regard- On Monday, the U.S. Energy Infor- ly litigation. Again, that would deprive less of its nature. This means any em- mation Administration reported that the employee of contraception for a ployer could choose to deny employees prices for regular gas rose 13 cents per very long time. insurance coverage for such things as gallon last week to a nationwide aver- I think if people listened in on this children’s immunizations; mammo- age of $3.78. Gasoline pump prices are debate, they would say this was a de- grams; lifesaving cancer treatments; or up 34 cents a gallon over last year. The bate occurring not in 2012 but maybe in blood transfusions simply because that Senate Judiciary Committee held a 1912 or even 1812 because issues such as employer may find these or any other hearing on the skyrocketing price of a woman’s right to contraception with- healthcare services morally objection- oil in May 2008, but these recent in- out the employer making a determina- able. creases in price have led to renewed tion have long been decided by this For the Senate to pass such a policy calls for investigation into their country. We have seen the statistics. would be indefensible. It would go far causes. We already know one signifi- The overwhelming majority of Ameri- beyond nullifying the administration’s cant cause: anticompetitive conduct by cans of every faith believe contracep- rule to implement provisions in the Af- oil cartels. tion should be available. fordable Care Act requiring access to The artificial pricing scheme en- So the debate has been pretty clear. some preventive services at no cost. In- forced by OPEC affects all of us. Fuel I think the other side is making a huge stead, this amendment would codify in- prices are on the rise and American mistake—certainly substantively, and fringement on personal healthcare de- consumers and businesses are feeling in my judgment politically—so much cisions, would grant an employer the the pain at the pump. This week so that today the leading Presidential right to substitute his moral convic- Vermonters are paying $ 3.79 for a gal- candidate on the Republican side, when tions for those of his employees, and lon of regular gasoline; last week, asked whether he supported the Blunt would effectively deny access to crit- Vermonters were paying $3.70—a price amendment said, no; he did not think ical healthcare services. jump of 9 cents in just 1 week. In 2011, Congress should be getting involved in Considering that some of my col- the price for certain fuels rose by as contraception. Mr. Romney said we leagues vociferously defend the idea of much as one-third from 2010, according should not be doing this amendment, personal liberties, I am truly surprised to the Vermont Department of Public and he did not support it, unequivo- they would support a policy to under- Service. These prices affect everyone. cally and clearly. mine those same liberties by handing These high fuel prices hit Vermonters A few hours later, of course, his folks power over an individual’s personal especially hard in even the most mild walked that back, probably because of healthcare decisions to that individ- of winters. political pressure. He is facing Repub- ual’s employer or his insurance com- In rural States such as Vermont, the lican primaries where this issue is de- pany. cost of simply getting to work or to bated seriously, even if the rest of This body took a bold and historic the grocery store because of high gas America does not believe that it should step by enacting healthcare reform in prices can further hurt already be debated. But what it shows is even 2010. We accomplished something that strapped household incomes. Vermont when a leading candidate of the other had eluded the country and the Con- farmers shoulder the burden of surging side who is seeking votes from the hard gress for decades. The law recognizes fuel prices year-round, regardless of right has doubts about whether this is that women have specific medical the season. Higher fuel prices can add a good idea, those doubts are real. needs and that gaps have historically thousands of dollars in yearly costs to The other side should make a retreat. existed in preventive care for women. a 100-head dairy operation in the Our Republican colleagues should not And it correctly called for specific Northeast. make the same mistake they made on steps to address that. We should not As we head into the summer months, the payroll tax deduction by appealing now support policies that would not when gas prices typically increase, to an extreme group. They should back only walk these advances back, but soaring prices at the pump can affect off this amendment. They should vote take giant leaps backwards in access to the tourism industry, an economic with us, and we should move on and de- healthcare services for everyone. I urge driver in vacation destinations such as bate the highway bill and put millions our colleagues to vote against this Vermont. As our summer months ap- of Americans to work and update our amendment. proach, many families in and around infrastructure. Mr. LEAHY. Mr. President, I am Vermont are going to find that OPEC Mr. LEVIN. Mr. President, the proud to join Senator KOHL and have has put an expensive crimp in their amendment we are considering today long supported the No Oil Producing plans. Some are likely to stay home, represents a direct assault on access to and Exporting Cartels Act, NOPEC. We others will pay more to drive or to fly preventive health care services for mil- were able to pass this NOPEC bill as a so that they can visit their families or lions of women in this country. The os- response to the OPEC oil cartel by a take their well-deserved vacations. tensible purpose of this proposal is to vote of 70 to 23 a few years ago. The American consumers should not be protect the rights of conscience of any Senate should pass it again. This time, held as economic hostages to the whim employer or healthcare insurer, reli- the House should also adopt this sen- of those who collude unfairly for their gious or secular, who may have a reli- sible application of our antitrust laws gain. We should not permit anyone to gious or moral objection to providing to those who fix prices and manipulate manipulate oil prices in an anti- family planning services free of charge the oil market to the detriment of competitive manner. The collusive be- to their employees. I respect and will American consumers. havior of certain oil producing nations defend the moral values of employers We should be doing what we can to has artificially and drastically reduced and insurance companies. But I also re- ensure that oil prices are not artifi- the supply and inflated the price of spect the moral values of people who cially inflated. That affects gas prices fuel. Put simply, the behavior of these need medical services. So we will end at the pump. This NOPEC amendment oil cartels, which would be illegal up deciding whether or not to deny ac- will hold accountable the collusive be- under antitrust laws, harms American cess to critical and possibly lifesaving havior that artificially reduces supply consumers and businesses and our re- health services for millions of people in and increases the price of fuel. The rise covering economy.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2466 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 Authorizing action against illegal oil her belongings. Just a few hours later a have contributed mightily to the town price fixing and taking that action couple knocked on the door, asked of Cumberland, the surrounding region, without delay is one thing we can do about the price of the house, and ended and the entire Commonwealth of Ken- without additional obstruction or up buying the house in cash later that tucky. Ms. White is providing nourish- delay. Our amendment would allow the day. Ms. White did not worry about ment not just for her neighbors’ bel- Justice Department to crack down on selling her house for long, which she lies, but also for their spirits. Mr. illegal price manipulation by oil car- believed was just another sure sign President, at this time I would like to tels. This bill will allow the Federal from God that her journey to Kentucky ask my colleagues in the U.S. Senate Government to take legal action was part of His plans. to join me in commemorating the against any foreign state, including Ms. White is now the director of great service of Ms. Pauline White. members of OPEC, for price fixing and Shepherd’s Pantry, an outreach pro- Mr. President, I yield the floor. artificially limiting the amount of gram in Cumberland, KY, that provides f available oil. While OPEC actions re- food for 500 to 900 low-income families ADDITIONAL STATEMENTS main sheltered from antitrust enforce- on the second Wednesday of each ment, the ability of the governments month. Families that participate in involved to wreak havoc on the Amer- the program are assigned appointments RECOGNIZING OUTSTANDING ican economy remains unchecked. to come to the pantry and receive what STUDENT VOLUNTEERS Our antitrust laws have been called Ms. White and her volunteers have ∑ Mr. AKAKA. Mr. President, I rise the ‘‘Magna Carta of free enterprise.’’ worked so hard to prepare for them. At today to congratulate Candonino If OPEC were simply a foreign business the pantry, the families are given food, Agusen and Jackson Button, two stu- engaged in this type of behavior, it personal hygiene items, and treats for dents from my State, who were named would already be subject to them. It is their children. But according to Ms. as top youth volunteers for 2012 by the wrong to let OPEC producers off the White, the most important thing the Prudential Spirit of Community hook just because their anticompeti- families receive from Shepherd’s Pan- Awards. The awards were created in tive practices come with the seal of ap- try is the Gospel of Jesus Christ. The 1995 through a partnership between proval of national governments. volunteers at the pantry drop gospel Prudential and the National Associa- In the past, our NOPEC legislation tracts in each of the bags that the fam- tion of Secondary School Principals to has had bipartisan support. A few years ilies receive, and then they wait for the honor middle and high school students ago it passed overwhelmingly. By pass- Lord to move. The staff is always for outstanding service to others at the ing this legislation, we can say no to available to provide those in need with local, State, and national levels. OPEC. spiritual counseling. Every year, the top high school and I yield the floor, and I suggest the ab- Along with their aid of food to fami- middle school youth volunteers from sence of a quorum. lies in need, Shepherd’s Pantry also each State and the District of Colum- The PRESIDING OFFICER (Mr. distributes government commodities to bia are selected as State Honorees. MERKLEY.) The clerk will call the roll. low-income families, supplies breakfast Each honoree receives a $1,000 award, The legislative clerk proceeded to for schoolchildren, and provides snacks an engraved silver medallion, and an call the roll. to mission groups throughout the area. all-expense paid trip to Washington, Mr. REID. Mr. President, I ask unan- Shepherd’s Pantry has attracted vol- D.C. for several days of national rec- imous consent that the order for the unteers from as far as Florida, and as ognition events. In addition, other quorum call be rescinded. close as London, KY. The volunteers noteworthy students from each State The PRESIDING OFFICER. Without come to witness God’s work in the are named Distinguished Finalists and objection, it is so ordered. community. And according to Ms. receive a bronze medallion for their f White, they have yet to be dis- contributions. appointed. She says that God performs After the natural disasters in Japan MORNING BUSINESS miracles week after week. in 2011, Candonino, a junior at Mr. REID. Mr. President, I ask unan- Ms. White recalls one instance when Kealakehe High School, recruited oth- imous consent that the Senate proceed the computer wiped out all of the ers to help him purchase temporary to a period of morning business, with names of the Pantry’s clients and ad- housing kits for the victims displaced Senators allowed to speak therein for dresses. The staff tried just about ev- by the earthquake and tsunami. These up to 10 minutes each. erything to get the computer to turn kits included a tent, survival equip- The PRESIDING OFFICER. Without back on, but nothing seemed to help. ment, and a month of supplies for up to objection, it is so ordered. After much praying, the computer mi- 10 people. His team raised more than f raculously booted up and printed all $64,000, enough to take care of 640 500 names, addresses, and emails. Upon earthquake victims for a month. TRIBUTE TO MS. PAULINE WHITE hearing about the phenomenon, the Candonino contributed another $2,000 Mr. MCCONNELL. Mr. President, I mail station company said ‘‘No way!’’ by making and sending 1,000 paper ori- rise to pay tribute to a woman who has Ms. White responded with, ‘‘Yes, God’s gami cranes to Japan as a symbol of answered a call to service, and given so way!’’ support. freely of herself over the course of her Ms. White has no intentions of end- Jackson, a middle school student at fruitful lifetime. Ms. Pauline White of ing her mission work anytime soon. Hawaii Technology Academy, co-found- Cumberland, KY, has not ceased giving She has handpicked a Bible verse in ed a nonprofit organization with his to her fellow man, even though she is Psalms Chapter 91, Verse 11, which is sisters that has raised nearly $100,000 entering her 80s. Contrary to what one very dear to her heart: ‘‘For he will to support a wide variety of projects may think, Ms. White has not let her command his angels concerning you to aiding children in Africa, Mexico, and age stop her from participating in the guard you in all your ways.’’ In the United States. Some of the projects missionary work that is so dear to her Sebring, FL, in 2002, Ms. White heard a funded by the organization include heart. preacher speak of a lady who was still scholarships for children who have lost Ms. White, who was working as a serving the Lord at 86 years old. She a parent to cancer or other diseases, a missionary in Sebring, FL, at the Asso- thought to herself, ‘‘I still have 14 solar heater for a Mexican orphanage, ciation for Retarded Citizens in 2002, years to go!’’ Ms. White offers this ad- and school supplies for underprivileged felt that she was called by God to come vice to other ‘‘old folks’’: ‘‘When he students in Hawaii. Through the non- and bring aid to eastern Kentucky. She calls, I think you need to consider his profit, Jackson and his sisters even ar- put up a ‘‘For Sale’’ sign in her yard, call and not your age.’’ ranged for a van to take HIV/AIDS or- and called a few of her lady friends to The service and good works of Ms. phans in Uganda to medical appoint- come over and help her begin to pack Pauline White and Shepherd’s Pantry ments, and bought four acres of land in

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2467 that country to grow food and build a gion greater access to specialty care. A Established through the donation of new orphanage. new name that blends the hospital’s Richard Humphreys, a Quaker philan- I would also like to recognize Scott history and future—MedStar St. thropist who settled in Philadelphia in Fetz of Kailua-Kona and Jessica Mary’s Hospital—has been unveiled to 1764, the Institute for Colored Youth Sonson of Ewa Beach who were named celebrate its centennial. sought to prepare African Americans the 2012 Distinguished Finalists from I ask my colleagues to join me in to educate their communities as teach- Hawaii, as well as the many other indi- congratulating MedStar St. Mary’s ers. Recognizing that African Ameri- viduals who contribute to the improve- Hospital on 100 years of providing out- cans lacked both means and access to ment of our communities every day. standing patient-centered care to the higher education, the Institute for Col- Our Nation is a better place because of residents of Leonardtown and the ored Youth provided classes in classical people like these young leaders, who southern Maryland region.∑ education to young students at no cost are making a difference in their com- f in the first years of its creation. munities and around the world. These Over time, the vision of the Institute students, like many volunteers, do not RECOGNIZING ST. PAUL’S PARISH for Colored Youth grew into what we perform these services for recognition. ∑ Mr. CASEY. Mr. President, it is with now know as Cheyney University. I am grateful for awards that acknowl- great pleasure that I wish to recognize Today, Cheyney University offers a di- edge their selflessness so that these St. Paul Roman Catholic Church of the verse array of academic programming, role models can serve as inspiration for Diocese of Scranton, PA, as it cele- including bachelor of arts and bachelor others. I am proud of all that these stu- brates its 125th anniversary. Saint of science degrees in more than 30 dents have accomplished, and I wish Paul’s church and school have been a fields, master of science and master of them the best in their bright futures.∑ place of worship and education for my education, master of arts in teaching, f family for generations. and master of public administration. St. Paul’s Parish, of the Green Ridge The ongoing evolution of Cheyney Uni- RECOGNIZING MEDSTAR ST. Section of Scranton, was created by versity is evidenced in continuous ef- MARY’S HOSPITAL Bishop Reverend William O’Hara in forts to identify new methods and op- ∑ Mr. CARDIN. Mr. President, I wish to 1887 as the sprawl from the center city portunities to prepare their students to recognize the 100th anniversary of of Scranton commenced with growth in succeed. MedStar St. Mary’s Hospital in the anthracite coal industry in North- As we celebrate African-American Leonardtown, MD. When St. Mary’s eastern Pennsylvania. The first mass, achievement and extraordinary accom- Hospital was founded in 1912, it was on March 1, 1887, was attended by 300 plishments this month, we must also Leonardtown’s first community health people. pay tribute to the institutions that are care center, located in a modest two- A more permanent church, which in- the foundations of these successes. story home. The surrounding popu- cluded classroom space and an audito- Cheyney University’s legacy of aca- lation was small and rural, and the rium, was built just 3 years later in demic achievement spans throughout hospital’s running water was heralded 1890. In 1892, the Sisters of the Immacu- the Civil War, Reconstruction, the era in a local newspaper. The new health late Heart of Mary began teaching at of Jim Crow and the Civil Rights move- care center was the first of many insti- the school and continue to do so today. ment and continues today. Cheyney tutions that marked the beginning of A convent was built for the sisters in University, having grown from the St. Mary’s County’s transformation 1898. darker chapters of American history, into the modern, thriving region it is After 38 years, the building that has served as a true instrument of today. housed the church and school became change in the quest for equal access to As the county has grown and evolved insufficient, and in 1928, St. Paul opportunities. It is both an honor and a from humble beginnings, so has the School was built and is still in oper- privilege to commemorate Cheyney hospital. Today, St. Mary’s is a full- ation. As Green Ridge’s population University and its tremendous impact service hospital facility which offers continued to grow, the parish built St. throughout Pennsylvania and across state-of-the-art emergency, acute inpa- Clare School in 1952, St. Clare Church the Country.∑ tient and outpatient care. The emer- in 1955, and St. Clare Convent in 1958. f gency room serves over 50,000 patients Finally, St. Paul’s current church was per year, and St. Mary’s is leading the built in 1952 and was renovated in 1999 REMEMBERING BILL RAGGIO way in using cutting-edge medical 2000. ∑ Mr. HELLER. Mr. President, I wish technology. St. Mary’s was the first Under the current leadership of Mon- to pay tribute to the life and work of hospital in southern Maryland to signor William Feldcamp, St. Paul’s Bill Raggio, a steadfast Nevadan, my achieve full certification as a stroke Parish remains vibrant with over 4,500 mentor, and dedicated public servant center and won the prestigious Del- members. who passed away on February 23, 2012. marva Foundation Excellence Award I wish the entire St. Paul community Our State has lost a truly devoted lead- five times for consistent improvements my best as Bishop Joseph C. Bambera er and influential icon in Nevada poli- in patient safety and clinical out- celebrates the 125th anniversary mass tics. We mourn the passing of a dear comes. The hospital’s fully integrated on Sunday, March 4, 2012.∑ friend and celebrate the life of a man electronic medical records system is f who lived and fought for the better- ranked among the top 5 percent nation- ment of our State. ally. RECOGNIZING CHEYNEY The loss of Bill is something that St. Mary’s is committed to a ‘‘pa- UNIVERSITY will be felt all across Nevada. He was tients first’’ philosophy, which is evi- ∑ Mr. CASEY. Mr. President, I wish to truly a giant in every sense of the dent in consistently high patient satis- recognize the 175th anniversary of word. His recordbreaking 38 years in faction scores. At St. Mary’s, treating Cheyney University. Founded on Feb- the Nevada State Senate can only be every patient with respect and compas- ruary 25, 1837, as the Institute for Col- described as selfless. Over the course of sion is an essential part of the healing ored Youth, Cheyney University is the 10 terms, Bill was dedicated beyond process. The hospital offers dignity, oldest of the Nation’s historically question. He not only demonstrated a comfort, and support to each and every black colleges and universities. tactful leadership style but also de- patient and his or her family. Born in an era that legally and com- voted himself to fiscal responsibility. In 2009, St. Mary’s joined the monly defined African Americans as His ability to compromise and his will- MedStar Health System. This partner- property, the Institute for Colored ingness to work across party lines ship helps St. Mary’s meet the expand- Youth sought to provide a pathway for helped him to overcome partisan dif- ing medical needs of the southern educational enrichment to a commu- ferences and legislative hurdles to Maryland community and offer the re- nity wherein few opportunities existed. meet the needs of the great State of

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2468 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 Nevada. Bill influenced my work, and ation procedures. PenBay played an in- Mrs. Cole, one of its reading clerks, an- for that I am forever thankful. strumental role in helping the Depart- nounced that the House has passed the Never afraid to tackle the difficult ment achieve this goal by automating following bills, in which it requests the problems, Bill pledged his commitment over 16,000 floor plans for simple re- concurrence of the Senate: to dutifully protecting the citizens of trieval and evaluation. With PenBay’s H.R. 1433. An act to protect private prop- northern Nevada as the Washoe County support, the FDNY was able to meet its erty rights. district attorney. He was a great man goals and concentrate on its main mis- H.R. 2117. An act to prohibit the Depart- sion: protecting and saving New York ment of Education from overreaching into who fought hard for Nevadans and was academic affairs and program eligibility respected by many. We are fortunate City residents’ lives. under title IV of the Higher Education Act of and proud to remember Bill, a second- In addition to working with the 1965. generation Nevadan and Reno native. FDNY, PenBay has been awarded many The message also announced that Bill touched the lives of tens of thou- other government contracts. In late pursuant to section 287a of title 2, sands of Nevada families, spanning gen- 2008, PenBay assisted the 6th Civil En- United States Code, the Speaker ap- erations. He served Nevadans with gineering Squadron of MacDill Air points Thomas J. Wickham, Jr., as honor and devotion, and we are blessed Force Base, 6CES, with a maintenance Parliamentarian of the House of Rep- by Bill’s enduring and undeniable pas- contract of 130 government buildings. resentatives to succeed John V. Sul- sion for public service. I ask my col- In this instance, 6CES lacked the sig- livan, resigned. nificant in-building data necessary to leagues to join me today in celebrating ENROLLED BILL SIGNED the life of a great statesman who will make informed decisions about the At 12:43 p.m., a message from the always be remembered for his unwaver- space and floor materials within each House of Representatives, delivered by ing commitment to Nevada. His pass- building. With minimal disruption to Mr. Novotny, one of its reading clerks, ing is a tremendous loss, and his legacy facility operations and within a re- announced that the Speaker has signed will be cherished for generations to markable turnaround time of 9 days, the following enrolled bill: come. I wish to extend my deepest PenBay Solutions was able to complete H.R. 347. An act to correct and simplify the sympathies and condolences to Bill’s Phase 1 of the project and provide the drafting of section 1752 (relating to re- wife Dale and the entire Raggio fam- necessary geospatial data for over 1.7 stricted buildings or grounds) of title 18, ily.∑ million square feet of building space. United States Code. As a result of the company’s valuable f The enrolled bill was subsequently work, Stuart Rich, PenBay’s Chief signed by the Acting President pro RECOGNIZING PENBAY SOLUTIONS Technology Officer, was honored by the tempore (Mrs. GILLIBRAND). Technology Association of Maine with ∑ Ms. SNOWE. Mr. President, as rank- f ing member of the Senate Committee their 2011 CxO of the Year Award in MEASURES REFERRED on Small Business and Entrepreneur- recognition of his innovation in the ge- ship, I have the privilege of hearing ographic information systems indus- The following bills were read the first countless small business success sto- try. Mr. Rich was also inducted into and the second times by unanimous ries from hard-working entrepreneurs the University of Maine’s Francis consent, and referred as indicated: across the country. Today I wish to Crowe Society in 2010. This tremendous H.R. 1433. An act to protect private prop- recognize and commend the extraor- honor is bestowed upon University of erty rights; to the Committee on the Judici- Maine engineering graduates who have ary. dinary achievements of PenBay Solu- H.R. 2117. An act to prohibit the Depart- tions, an award-winning geographic in- made substantial contributions to the ment of Education from overreaching into formation systems, GIS, firm engineering profession. academic affairs and program eligibility headquartered in Brunswick, ME. I applaud PenBay Solutions for being under title IV of the Higher Education Act of Since its inception in 1999, PenBay a hallmark example of an innovative 1965; to the Committee on Health, Education, has grown to become a leader in the ex- American small business. Their incred- Labor, and Pensions. panding GIS industry while spurring ible contributions to geospatial tech- f nology truly demonstrate the entrepre- job creation. Today, the company em- EXECUTIVE AND OTHER neurial spirit and remarkable talent ploys 26 people in Maine, many of COMMUNICATIONS found in my home State of Maine. I am which graduated from the University of The following communications were Maine system, a primer education in- proud to extend my congratulations to everyone at PenBay Solutions, and laid before the Senate, together with stitution for GIS. Additionally, accompanying papers, reports, and doc- PenBay employs several individuals offer my best wishes for their contin- ued success.∑ uments, and were referred as indicated: working remotely around the country EC–5119. A communication from the Direc- as well as in their New York and Wash- f tor of the Regulatory Management Division, ington D.C. offices. MESSAGES FROM THE PRESIDENT Environmental Protection Agency, transmit- As a technology leader, PenBay Solu- ting, pursuant to law, the report of a rule en- Messages from the President of the tions provides geographic information titled ‘‘Flazasulfuron; Pesticide Tolerances’’ United States were communicated to to help clients economize space, cut (FRL No. 8883–1) received during adjourn- the Senate by Mr. Pate, one of his sec- costs, comply with building codes, and ment of the Senate in the Office of the Presi- retaries. dent of the Senate on February 21, 2012; to make better decisions across the board. f the Committee on Agriculture, Nutrition, While GIS is an emerging technology, and Forestry. PenBay has been a forerunner in pro- EXECUTIVE MESSAGES REFERRED EC–5120. A communication from the Direc- viding businesses with this vital asset As in executive session the Presiding tor of the Regulatory Management Division, Environmental Protection Agency, transmit- and has distinguished themselves Officer laid before the Senate messages among clients in a breadth of indus- ting, pursuant to law, the report of a rule en- from the President of the United titled ‘‘Fluopyram; Pesticide Tolerances’’ tries including: education, health care, States submitting sundry nominations (FRL No. 9336–9) received during adjourn- government, and more. which were referred to the appropriate ment of the Senate in the Office of the Presi- Among their many achievements, committees. dent of the Senate on February 21, 2012; to PenBay has undertaken several com- (The nominations received today are the Committee on Agriculture, Nutrition, plex and fascinating projects of note. printed at the end of the Senate pro- and Forestry. EC–5121. A communication from the Direc- In 2006, PenBay assisted the Fire De- ceedings.) partment of New York, FDNY, in com- tor of the Regulatory Management Division, f Environmental Protection Agency, transmit- plying with a New York City law that MESSAGES FROM THE HOUSE ting, pursuant to law, the report of a rule en- required the FDNY to review certain titled ‘‘Metaflumizone; Pesticide Toler- buildings and evaluate compliance At 11:26 a.m., a message from the ances’’ (FRL No. 9333–4) received during ad- with new building codes and evacu- House of Representatives, delivered by journment of the Senate in the Office of the

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2469 President of the Senate on February 21, 2012; transmitting, pursuant to law, the report of and Human Services, transmitting, pursuant to the Committee on Agriculture, Nutrition, a rule entitled ‘‘Iranian Financial Sanctions to law, the report of a rule entitled ‘‘Med- and Forestry. Regulations’’ (31 CFR Part 561) received dur- icaid Program; Application, Review, and Re- EC–5122. A communication from the Direc- ing adjournment of the Senate in the Office porting Process for Waivers for State Inno- tor of the Regulatory Management Division, of the President of the Senate on February vation’’ (RIN0938–AQ75; RIN1505–AC30) re- Environmental Protection Agency, transmit- 24, 2012; to the Committee on Banking, Hous- ceived in the Office of the President of the ting, pursuant to law, the report of a rule en- ing, and Urban Affairs. Senate on February 27, 2012; to the Com- titled ‘‘Mevinphos; Order Revoking Toler- EC–5132. A communication from the Assist- mittee on Finance. ances’’ (FRL No. 9338–3) received during ad- ant Secretary, Office of Electricity Delivery EC–5141. A communication from the Direc- journment of the Senate in the Office of the and Energy Reliability, Department of En- tor, Office of Regulations, Social Security President of the Senate on February 21, 2012; ergy, transmitting, pursuant to law, a report Administration, transmitting, pursuant to to the Committee on Agriculture, Nutrition, entitled ‘‘2010 Smart Grid System Report’’; law, the report of a rule entitled ‘‘Protecting and Forestry. to the Committee on Energy and Natural Re- the Public and Our Employees in Our Hear- EC–5123. A communication from the Under sources. ing Process’’ (RIN0960–AH29) received during Secretary of Defense (Comptroller), trans- EC–5133. A communication from the Assist- adjournment of the Senate in the Office of mitting, pursuant to law, a report relative to ant General Counsel for Legislation, Regula- the President of the Senate on February 21, a violation of the Antideficiency Act that oc- tion and Energy Efficiency, Department of 2012; to the Committee on Finance. curred within the Navy Working Capital Energy, transmitting, pursuant to law, the EC–5142. A communication from the Direc- Fund (NWCF) account 97 X 4930 during fiscal report of a rule entitled ‘‘Energy Conserva- tor, Office of Regulations, Social Security year 2007 at the Naval Facilities Engineering tion Program: Test Procedure for Commer- Administration, transmitting, pursuant to Command, Mid-Atlantic and was assigned cial Refrigeration Equipment’’ (RIN1904– law, the report of a rule entitled ‘‘How We Navy case number 11–05; to the Committee AC40) received during adjournment of the Collect and Consider Evidence of Disability’’ on Appropriations. Senate in the Office of the President of the (RIN0960–AG89) received during adjournment EC–5124. A communication from the Under Senate on February 21, 2012; to the Com- of the Senate in the Office of the President Secretary of Defense (Comptroller), trans- mittee on Energy and Natural Resources. of the Senate on February 21, 2012; to the mitting, pursuant to law, a report relative to EC–5134. A communication from the Board Committee on Finance. a violation of the Antideficiency Act that oc- of Trustees, National Railroad Retirement EC–5143. A communication from the Assist- curred within the Military Personnel, Air Investment Trust, transmitting, pursuant to ant Secretary for Legislative Affairs, De- National Guard (ANG), Air Force, account 57 law, an annual management report relative partment of State, transmitting, pursuant to 9 5850 during fiscal year 2009 at the ANG to its operations and financial condition; to law, a report certifying for fiscal year 2012 Readiness Center and was assigned Air Force the Committee on Finance. that no United Nations agency or United Na- case number 10 06; to the Committee on Ap- EC–5135. A communication from the Chief tions affiliated agency grants any official propriations. of the Publications and Regulations Branch, status, accreditation, or recognition to any EC–5125. A communication from the Sec- Internal Revenue Service, Department of the organization which promotes and condones retary of the Army, transmitting, pursuant Treasury, transmitting, pursuant to law, the or seeks the legalization of pedophilia, or to law, a report relative to the U.S. Army report of a rule entitled ‘‘Section 911(d)(4)— which includes as a subsidiary or member Audit Agency’s review of an audit of the 2011 Update’’ (Rev. Proc. 2012–21) received any such organization; to the Committee on American National Red Cross’s Annual during adjournment of the Senate in the Of- Foreign Relations. Statement; to the Committee on Armed fice of the President of the Senate on Feb- EC–5144. A communication from the Assist- Services. ruary 22, 2012; to the Committee on Finance. ant Secretary for Legislative Affairs, De- EC–5126. A communication from the Assist- EC–5136. A communication from the Chief partment of State, transmitting, pursuant to ant Secretary of Defense (Special Oper- of the Publications and Regulations Branch, law, a report relative to overseas surplus ations/Low-Intensity Conflict), transmitting, Internal Revenue Service, Department of the property; to the Committee on Foreign Rela- pursuant to law, the fiscal year 2011 annual Treasury, transmitting, pursuant to law, the tions. report on the Regional Defense Combating report of a rule entitled ‘‘Rewards and EC–5145. A communication from the Assist- Terrorism Fellowship Program; to the Com- Awards for Information Relating to Viola- ant Secretary for Legislative Affairs, De- mittee on Armed Services. tions of Internal Revenue Laws’’ ((RIN1545– partment of State, transmitting, pursuant to EC–5127. A communication from the Assist- BJ89) (TD 9580)) received during adjournment Executive Order 12163, as amended by Execu- ant Secretary of Defense (Homeland Defense of the Senate in the Office of the President tive Order 13346, a report relative to a waiver and Americas’ Security Affairs), transmit- of the Senate on February 22, 2012; to the of the restrictions contained in Section 907 ting, pursuant to law, a report entitled Committee on Finance. of the FREEDOM Support Act of 1992; to the ‘‘Combating Terrorism Activities Fiscal EC–5137. A communication from the Chief Committee on Foreign Relations. Year 2013 Budget Estimates’’; to the Com- of the Publications and Regulations Branch, EC–5146. A communication from the Assist- mittee on Armed Services. Internal Revenue Service, Department of the ant Secretary for Legislative Affairs, De- EC–5128. A communication from the Prin- Treasury, transmitting, pursuant to law, the partment of State, transmitting, pursuant to cipal Deputy Assistant Secretary of the report of a rule entitled ‘‘Source of Income law, a report prepared by the Department of Army (Acquisition, Logistics and Tech- from Qualified Fails Charges’’ ((RIN1545– State on progress toward a negotiated solu- nology), transmitting, pursuant to law, a re- BJ78) (TD 9579)) received during adjournment tion of the Cyprus question covering the pe- port relative to Army Industrial Facilities of the Senate in the Office of the President riods October 1, 2011 through November 30, Cooperative Activities with Non-Army Enti- of the Senate on February 22, 2012; to the 2011; to the Committee on Foreign Relations. ties for fiscal year 2011; to the Committee on Committee on Finance. EC–5147. A communication from the Assist- Armed Services. EC–5138. A communication from the Chief ant Legal Adviser for Treaty Affairs, Depart- EC–5129. A communication from the Chair- of the Publications and Regulations Branch, ment of State, transmitting, pursuant to the man and President of the Export-Import Internal Revenue Service, Department of the Case-Zablocki Act, 1 U.S.C. 112b, as amended, Bank, transmitting, pursuant to law, a re- Treasury, transmitting, pursuant to law, the the report of the texts and background state- port relative to transactions involving U.S. report of a rule entitled ‘‘United States and ments of international agreements, other exports to Ireland; to the Committee on Area Median Gross Income Figures’’ (Rev. than treaties (List 2012-0012–2012-0016); to the Banking, Housing, and Urban Affairs. Proc. 2012–16) received during adjournment of Committee on Foreign Relations. EC–5130. A communication from the Asso- the Senate in the Office of the President of EC–5148. A communication from the Direc- ciate General Counsel for Legislation and the Senate on February 22, 2012; to the Com- tor of the Pension Benefit Guaranty Cor- Regulations, Office of Housing, Department mittee on Finance. poration, transmitting, pursuant to law, the of Housing and Urban Development, trans- EC–5139. A communication from the Pro- Corporation’s Buy American Act Report for mitting, pursuant to law, the report of a rule gram Manager, Centers for Medicare and fiscal year 2011; to the Committee on Health, entitled ‘‘Federal Housing Administration Medicaid Services, Department of Health Education, Labor, and Pensions. (FHA): Suspension of Section 238(c) Single- and Human Services, transmitting, pursuant EC–5149. A communication from the Sec- Family Mortgage Insurance in Military Im- to law, the report of a rule entitled ‘‘Med- retary of Health and Human Services, trans- pacted Areas’’ (RIN2502–AJ01) received dur- icaid Program; Review and Approval Process mitting, pursuant to law, a report relative to ing adjournment of the Senate in the Office for Section 1115 Demonstrations’’ (RIN0938– the Food and Drug Administration’s (FDA) of the President of the Senate on February AQ46) received in the Office of the President Foreign Field Offices; to the Committee on 24, 2012; to the Committee on Banking, Hous- of the Senate on February 27, 2012; to the Health, Education, Labor, and Pensions. ing, and Urban Affairs. Committee on Finance. EC–5150. A communication from the Sec- EC–5131. A communication from the Assist- EC–5140. A communication from the Pro- retary of Health and Human Services, trans- ant Director for Policy, Office of Foreign As- gram Manager, Centers for Medicare and mitting, pursuant to law, a performance re- sets Control, Department of the Treasury, Medicaid Services, Department of Health port relative to the Animal Generic Drug

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2470 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 User Fee Act for fiscal year 2011; to the Com- By Ms. STABENOW: the case of airline pilots who are re- mittee on Health, Education, Labor, and S. 2144. A bill to amend the Internal Rev- quired by regulation to retire at age 60, Pensions. enue Code of 1986 to exclude from gross in- to compute the actuarial value of EC–5151. A communication from the Assist- come of individual taxpayers discharges of monthly benefits in the form of a life ant Secretary for Administration and Man- indebtedness attributable to certain foreign agement, Department of Labor, transmit- residential mortgage obligations; to the annuity commencing at age 60. ting, pursuant to law, a report relative to a Committee on Finance. S. 1299 vacancy in the position of Commissioner of f At the request of Mr. MORAN, the the Bureau of Labor Statistics, Department names of the Senator from South Da- of Labor, received in the Office of the Presi- SUBMISSION OF CONCURRENT AND kota (Mr. THUNE) and the Senator from dent of the Senate on February 15, 2012; to SENATE RESOLUTIONS Indiana (Mr. COATS) were added as co- the Committee on Health, Education, Labor, and Pensions. The following concurrent resolutions sponsors of S. 1299, a bill to require the EC–5152. A communication from the Assist- and Senate resolutions were read, and Secretary of the Treasury to mint ant Secretary for Administration and Man- referred (or acted upon), as indicated: coins in commemoration of the centen- agement, Department of Labor, transmit- By Mr. REED (for himself and Ms. COL- nial of the establishment of Lions ting, pursuant to law, (2) reports relative to LINS): Clubs International. vacancy announcements within the Depart- S. Res. 382. A resolution designating March S. 1728 ment; to the Committee on Health, Edu- 2, 2012, as ‘‘Read Across America Day’’; con- At the request of Mr. BROWN of Mas- cation, Labor, and Pensions. sidered and agreed to. EC–5153. A communication from the Assist- sachusetts, the names of the Senator By Mr. BROWN of Ohio (for himself ant Secretary for Administration and Man- from Nevada (Mr. HELLER) and the Sen- and Mr. BARRASSO): agement, Department of Labor, transmit- ator from Montana (Mr. TESTER) were S. Res. 383. A resolution designating Feb- ting, pursuant to law, (3) reports relative to ruary 29, 2012, as ‘‘Rare Disease Day’’; con- added as cosponsors of S. 1728, a bill to vacancy announcements within the Depart- sidered and agreed to. amend title 18, United States Code, to ment; to the Committee on Health, Edu- By Mr. SCHUMER (for himself and establish a criminal offense relating to cation, Labor, and Pensions. Mrs. GILLIBRAND): fraudulent claims about military serv- f S. Res. 384. A resolution designating the ice. INTRODUCTION OF BILLS AND first Tuesday in March as ‘‘National Public S. 1770 Higher Education Day’’; to the Committee JOINT RESOLUTIONS At the request of Mrs. GILLIBRAND, on the Judiciary. The following bills and joint resolu- the name of the Senator from New f tions were introduced, read the first York (Mr. SCHUMER) was added as a co- and second times by unanimous con- ADDITIONAL COSPONSORS sponsor of S. 1770, a bill to prohibit dis- crimination in adoption or foster case sent, and referred as indicated: S. 555 placements based on the sexual ori- By Mr. VITTER (for himself and Mr. At the request of Mr. FRANKEN, the entation, gender identity, or marital NELSON of Florida): name of the Senator from Connecticut S. 2138. A bill to establish a pilot program status of any prospective adoptive or (Mr. LIEBERMAN) was added as a co- to evaluate the cost-effectiveness and foster parent, or the sexual orientation sponsor of S. 555, a bill to end discrimi- project delivery efficiency of non-Federal or gender identity of the child in- nation based on actual or perceived sponsors as the lead project delivery team volved. for authorized civil works flood control and sexual orientation or gender identity S. 1884 navigation construction projects of the in public schools, and for other pur- At the request of Mr. DURBIN, the Corps of Engineers; to the Committee on En- poses. vironment and Public Works. names of the Senator from Alaska (Mr. S. 605 By Mrs. MCCASKILL (for herself and BEGICH) and the Senator from Mary- Mr. WEBB): At the request of Mr. GRASSLEY, the land (Ms. MIKULSKI) were added as co- S. 2139. A bill to enhance security, increase name of the Senator from Maine (Ms. sponsors of S. 1884, a bill to provide accountability, and improve the contracting COLLINS) was added as a cosponsor of S. States with incentives to require ele- of the Federal Government for overseas con- 605, a bill to amend the Controlled Sub- tingency operations, and for other purposes; mentary schools and secondary schools stances Act to place synthetic drugs in to maintain, and permit school per- to the Committee on Homeland Security and Schedule I. Governmental Affairs. sonnel to administer, epinephrine at By Mr. BROWN of Ohio (for himself S. 665 schools. and Mrs. GILLIBRAND): At the request of Mr. BROWN of Ohio, S. 1945 S. 2140. A bill to amend the Public Works the name of the Senator from Con- At the request of Mr. DURBIN, the and Economic Development Act of 1965 to necticut (Mr. BLUMENTHAL) was added name of the Senator from Alaska (Mr. modify the period used to calculate certain as a cosponsor of S. 665, a bill to pro- unemployment rates, to encourage the devel- BEGICH) was added as a cosponsor of S. opment of business incubators, and for other mote industry growth and competitive- 1945, a bill to permit the televising of purposes; to the Committee on Environment ness and to improve worker training, Supreme Court proceedings. and Public Works. retention, and advancement, and for S. 1956 By Mr. GRASSLEY (for himself, Mr. other purposes. At the request of Mr. THUNE, the CONRAD, Mr. JOHNSON of South Da- S. 775 name of the Senator from Nebraska kota, and Mr. HARKIN): S. 2141. A bill to amend the Packers and At the request of Mr. CASEY, the (Mr. JOHANNS) was added as a cospon- Stockyards Act, 1921, to make it unlawful for name of the Senator from Rhode Island sor of S. 1956, a bill to prohibit opera- a packer to own, feed, or control livestock (Mr. WHITEHOUSE) was added as a co- tors of civil aircraft of the United intended for slaughter; to the Committee on sponsor of S. 775, a bill to direct the States from participating in the Euro- Agriculture, Nutrition, and Forestry. Secretary of Health and Human Serv- pean Union’s emissions trading By Mr. CASEY: ices to encourage research and carry scheme, and for other purposes. S. 2142. A bill to permit employees to re- out an educational campaign with re- S. 2046 quest, and to ensure employers consider re- spect to pulmonary hypertension, and quests for, flexible work terms and condi- At the request of Ms. MIKULSKI, the tions, and for other purposes; to the Com- for other purposes. name of the Senator from Idaho (Mr. mittee on Health, Education, Labor, and S. 998 RISCH) was added as a cosponsor of S. Pensions. At the request of Mr. AKAKA, the 2046, a bill to amend the Immigration By Ms. STABENOW: name of the Senator from Washington and Nationality Act to modify the re- S. 2143. A bill to amend the Internal Rev- (Mrs. MURRAY) was added as a cospon- quirements of the visa waiver program enue Code of 1986 to clarify that paper which and for other purposes. is commonly recycled does not constitute a sor of S. 998, a bill to amend title IV of qualified energy resource under the section the Employee Retirement Income Se- S. 2121 45 credit for renewable electricity produc- curity Act of 1974 to require the Pen- At the request of Ms. KLOBUCHAR, the tion; to the Committee on Finance. sion Benefit Guaranty Corporation, in name of the Senator from Minnesota

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.001 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2471

(Mr. FRANKEN) was added as a cospon- AMENDMENT NO. 1549 to reauthorize Federal-aid highway and sor of S. 2121, a bill to modify the De- At the request of Mr. CARDIN, the highway safety construction programs, partment of Defense Program Guidance name of the Senator from Alaska (Mr. and for other purposes. relating to the award of Post-Deploy- BEGICH) was added as a cosponsor of At the request of Mr. COBURN, the ment/Mobilization Respite Absence ad- amendment No. 1549 intended to be pro- name of the Senator from Arizona (Mr. ministrative absence days to members posed to S. 1813, a bill to reauthorize MCCAIN) was added as a cosponsor of of the reserve components to exempt Federal-aid highway and highway safe- amendment No. 1738 intended to be pro- any member whose qualified mobiliza- ty construction programs, and for posed to S. 1813, supra. tion commenced before October 1, 2011, other purposes. AMENDMENT NO. 1739 and continued on or after that date, AMENDMENT NO. 1599 At the request of Mrs. MURRAY, the from the changes to the program guid- At the request of Mr. MERKLEY, the names of the Senator from Washington ance that took effect on that date. name of the Senator from Vermont (Ms. CANTWELL) and the Senator from S. 2122 (Mr. SANDERS) was added as a cospon- Colorado (Mr. BENNET) were added as At the request of Mr. PAUL, the sor of amendment No. 1599 intended to cosponsors of amendment No. 1739 in- names of the Senator from Wisconsin be proposed to S. 1813, a bill to reau- tended to be proposed to S. 1813, a bill (Mr. JOHNSON), the Senator from Okla- thorize Federal-aid highway and high- to reauthorize Federal-aid highway and homa (Mr. COBURN), the Senator from way safety construction programs, and highway safety construction programs, Pennsylvania (Mr. TOOMEY) and the for other purposes. and for other purposes. Senator from Utah (Mr. HATCH) were AMENDMENT NO. 1606 AMENDMENT NO. 1740 added as cosponsors of S. 2122, a bill to At the request of Mr. MERKLEY, the At the request of Mrs. MURRAY, the clarify the definition of navigable name of the Senator from Vermont waters, and for other purposes. name of the Senator from Washington (Mr. SANDERS) was added as a cospon- (Ms. CANTWELL) was added as a cospon- S.J. RES. 19 sor of amendment No. 1606 intended to sor of amendment No. 1740 intended to At the request of Mr. HATCH, the be proposed to S. 1813, a bill to reau- name of the Senator from Idaho (Mr. be proposed to S. 1813, a bill to reau- thorize Federal-aid highway and high- thorize Federal-aid highway and high- RISCH) was added as a cosponsor of S.J. way safety construction programs, and way safety construction programs, and Res. 19, a joint resolution proposing an for other purposes. amendment to the Constitution of the for other purposes. AMENDMENT NO. 1648 United States authorizing Congress to AMENDMENT NO. 1748 At the request of Mrs. GILLIBRAND, prohibit the physical desecration of the At the request of Mr. HOEVEN, the the name of the Senator from Hawaii flag of the United States. name of the Senator from North Da- (Mr. AKAKA) was added as a cosponsor S. RES. 310 kota (Mr. CONRAD) was added as a co- of amendment No. 1648 intended to be sponsor of amendment No. 1748 in- At the request of Ms. MIKULSKI, the proposed to S. 1813, a bill to reauthor- name of the Senator from California tended to be proposed to S. 1813, a bill ize Federal-aid highway and highway (Mrs. FEINSTEIN) was added as a co- to reauthorize Federal-aid highway and safety construction programs, and for sponsor of S. Res. 310, a resolution des- highway safety construction programs, other purposes. ignating 2012 as the ‘‘Year of the Girl’’ and for other purposes. AMENDMENT NO. 1661 and congratulating Girl Scouts of the f USA on its 100th anniversary. At the request of Ms. KLOBUCHAR, the names of the Senator from Colorado STATEMENTS ON INTRODUCED S. RES. 380 (Mr. BENNET) and the Senator from BILLS AND JOINT RESOLUTIONS At the request of Mr. GRAHAM, the names of the Senator from North Caro- Michigan (Ms. STABENOW) were added By Mr. VITTER (for himself and as cosponsors of amendment No. 1661 lina (Mr. BURR), the Senator from Kan- Mr. NELSON of Florida): intended to be proposed to S. 1813, a sas (Mr. MORAN), the Senator from S. 2138. A bill to establish a pilot pro- bill to reauthorize Federal-aid highway Idaho (Mr. CRAPO), the Senator from Il- gram to evaluate the cost-effectiveness and highway safety construction pro- linois (Mr. KIRK) and the Senator from and project delivery efficiency of non- North Carolina (Mrs. HAGAN) were grams, and for other purposes. Federal sponsors as the lead project de- added as cosponsors of S. Res. 380, a AMENDMENT NO. 1736 livery team for authorized civil works resolution to express the sense of the At the request of Mr. PORTMAN, the flood control and navigation construc- Senate regarding the importance of name of the Senator from Arizona (Mr. tion projects of the Corps of Engineers; preventing the Government of Iran KYL) was added as a cosponsor of to the Committee on Environment and from acquiring nuclear weapons capa- amendment No. 1736 intended to be pro- Public Works. bility. posed to S. 1813, a bill to reauthorize Mr. VITTER. Mr. President, I come At the request of Mr. GRASSLEY, his Federal-aid highway and highway safe- to the Senate floor to talk about im- name was added as a cosponsor of S. ty construction programs, and for portant and bipartisan legislation that Res. 380, supra. other purposes. I am introducing today, along with AMENDMENT NO. 1537 AMENDMENT NO. 1737 Senator BILL NELSON of Florida. It is At the request of Mr. HOEVEN, the At the request of Mr. JOHNSON of Wis- about the Corps of Engineers, and it is name of the Senator from West Vir- consin, his name was added as a co- intended, and will once passed, to make ginia (Mr. MANCHIN) was added as a co- sponsor of amendment No. 1737 in- a real impact in terms of lessening the sponsor of amendment No. 1537 in- tended to be proposed to S. 1813, a bill delays, the bureaucracy, and the hur- tended to be proposed to S. 1813, a bill to reauthorize Federal-aid highway and dles all of us must go through in terms to reauthorize Federal-aid highway and highway safety construction programs, of seeing important Corps of Engineers highway safety construction programs, and for other purposes. projects through to fruition. It is and for other purposes. At the request of Mr. COBURN, the called the U.S. Army Corps of Engi- AMENDMENT NO. 1542 names of the Senator from Arizona neers Flood Control and Navigation At the request of Mr. CARDIN, the (Mr. MCCAIN) and the Senator from Project Pilot Program. names of the Senator from Alaska (Mr. Kentucky (Mr. PAUL) were added as co- Let us get right to the heart of the BEGICH) and the Senator from Min- sponsors of amendment No. 1737 in- matter. The U.S. Army Corps of Engi- nesota (Mr. FRANKEN) were added as co- tended to be proposed to S. 1813, supra. neers is a broken bureaucracy. In sev- sponsors of amendment No. 1542 in- AMENDMENT NO. 1738 eral significant respects, it is simply a tended to be proposed to S. 1813, a bill At the request of Mr. JOHNSON of Wis- badly broken bureaucracy. Let me say to reauthorize Federal-aid highway and consin, his name was added as a co- upfront that there are many smart, highway safety construction programs, sponsor of amendment No. 1738 in- qualified people who work there. They and for other purposes. tended to be proposed to S. 1813, a bill are dedicated. They work long, hard

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2472 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 hours in so many cases, and I applaud interest and a need to actually get this In fact, the Corps itself faces a win- their efforts. But the overall structure work done. They have the desire to cut win with this situation. They will get and the overall bureaucracy within through delays and the bureaucracy to rid of some of their responsibility and which we all must work to get impor- get it done in a more aggressive way. some of their work, but there will not tant Corps of Engineers work done is So I am absolutely convinced, if we can be any Federal U.S. Army Corps of En- simply broken. move this responsibility in a careful, gineers money that will leave them It takes, on average, about 6 years— thoughtful way down to the State and alone with that responsibility and with 6 years—for the Corps not to do a local sponsors, in virtually all cases that work. Quite honestly, the Corps project but to perform a preliminary that will cut delays, that will cut time- welcomes this, particularly in light of study that might lead to an important frames, and in doing so it will signifi- their backlog and particularly in light flood control or navigation project. cantly cut costs. of the avalanche of demands that are Then, when we actually talk about the Again, this is not a radical idea. For placed on them. engineering work, the construction one thing, these State and local enti- For all these reasons, I hope all our work, it takes at least 20 years, on av- ties I am talking about are already in- colleagues in the Senate, Democrats erage, to accomplish any meaningful timately involved in these projects. and Republicans, will look carefully at project. That is simply too long. They already have significant capacity this legislation and join Senator BILL There are many reasons for this, and to be proactively involved in these NELSON of Florida and myself. This is let me say at the outset that not all projects and they already have a stake something that needs to be done, be- those are the Corps of Engineers’ fault. in the game—in most cases paying 35 cause as I said at the beginning, the We in Congress, the public, the country percent of the project cost. U.S. Army Corps of Engineers, unfortu- put so many demands and burdens on Secondly, the actual design, engi- nately, is a badly broken bureaucracy them that they are simply swamped. neering and construction work is not in many respects. It needs to be fixed. They have a backlog that, to some ex- done by any of these entities anyway. We need to respond to these flood con- tent, is unavoidable, and that backlog In almost all cases, the huge majority, trol and navigation needs on a real- for active projects—not projects being or 100 percent, of that work—design, time basis, not with 20, 30 years’ delay. studied or considered but the backlog engineering, construction—is done by We can’t continue to compete in a for active approved projects—is cur- private business hired by the Corps, global economy with this sort of delay rently $59.6 billion. But even consid- hired by the State and locals to get for vital navigation or vital flood con- ering that—even considering that ava- this done. That will remain the same. trol projects. We need to cut through lanche of demands and that backlog— So the professionals doing the design, the bureaucracy and do a lot more with the Corps of Engineers’ bureaucracy is engineering, and construction work less. This legislation will help us get broken, and it adds to those problems will remain the same. That is not there. and magnifies them enormously by ex- changing at all. I invite, and Senator BILL NELSON in- tending the time and the cost of any Third, the reason this idea is not a vites, all of our colleagues, Democrats given project. radical concept but is actually a prov- and Republicans, to look at this legis- Of course, when projects get extended en model is that what I am describing lation. We invite all of our colleagues in time and are delayed, when costs is more or less exactly what we do for to join us in this very important re- grow over time. Then the initial prob- Federal highway projects. It just so form of the Corps of Engineers. lem—the backlog, that initial ava- happens we are debating a highway bill In closing, let me also say that inde- lanche of demands—explodes and is on the Senate floor, and that is a use- pendent of this legislation, I am also multiplied tenfold. This is the situa- ful model to look to in this context. pursuing a GAO audit of the Corps. I tion Senator NELSON and I are trying When we do highway projects, we have have already requested that in writing to address in a focused, proactive, posi- a Federal Highway Administration and and have received assurances that tive way. we have significant Federal funds that audit will happen. I think that will be Our bill would do one thing to ad- go to these highway projects, but the an additional and very helpful and nec- dress this. It would establish a pilot Federal agency—in that case the Fed- essary tool for us to see how the Corps program whereby the Corps of Engi- eral Highway Administration—is not does or doesn’t effectively do its busi- neers selects certain significant flood the lead project manager, is not inti- ness and to make other needed reforms control and/or navigation projects and mately involved day to day, week to in the U.S. Army Corps of Engineers’ moves project management authority, week, and year to year in moving those bureaucracy. responsibility for those projects, from projects along. Quite to the contrary, I look forward to pursuing that audit, the Corps of Engineers down to the they are shipped and the dollars are getting the results of that, and seeing State and/or local sponsors. What do I shipped to the States and locals. In the where that leads in terms of other nec- mean by that? Every project we are huge majority of cases, the States and/ essary Corps reforms in the near fu- talking about, every Corps project, or locals are the lead project manager ture. whether it is a flood control project or entity taking control and leading the a navigation project, the Corps of Engi- way. By Mr. GRASSLEY (for himself, neers doesn’t do it alone. They have So that is a proven model. That Mr. CONRAD, Mr. JOHNSON of partners. On the governmental side, model works better compared to the South Dakota, and Mr. HAR- they specifically have State and/or way the U.S. Army Corps of Engineers KIN): local partners who almost always pay a works; that is, broad brush, exactly the S. 2141. A bill to amend the Packers significant cost share of the project— model we are adopting. It will save and Stockyards Act, 1921, to make it usually about 35 percent. So those enti- time, and in doing so it will save sig- unlawful for a packer to own, feed, or ties are already involved in a very nificant money. control livestock intended for slaugh- meaningful way in these projects. To ensure the Corps does not feel ter; to the Committee on Agriculture, Our pilot program would tell the threatened by this, built into the bill, Nutrition, and Forestry. Corps to take certain select projects Senator NELSON and I have identified Mr. GRASSLEY. Mr. President, which have been delayed, which are sit- an offset. So even though these today I am introducing legislation de- ting on the shelf, with costs and projects that will be included in the signed to help family farmers across timelines growing, and move the pilot program have money that has this nation have a more level playing project manager responsibility out of been allocated for them, we have an field when it comes to livestock mar- the Corps of Engineers down to the offset so that amount of money can be kets. The bill would prohibit meat State and local sponsors. The States spent on those projects without dimin- packers from owning livestock. The and localities are the folks on the ishing what will remain as the U.S. ownership of livestock by packers com- ground who have even more of a vested Army Corps of Engineers’ budget. promises the marketplace and hinders

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2473 the ability of the farmer to receive a person acting through the packer, or a per- (4) encourages parents to read with their fair price. It is simple, as one meat- son that directly or indirectly controls, or is children for at least 30 minutes on ‘‘Read packing executive once told me, pack- controlled by or under common control with, Across America Day’’ in honor of the com- ers own livestock so that when prices the packer; mitment of the Senate to building a country ‘‘(2) a cooperative or entity owned by a co- of readers; and are high, they slaughter their own live- operative, if a majority of the ownership in- (5) encourages the people of the United stock. When prices are low, they buy terest in the cooperative is held by active co- States to observe ‘‘Read Across America from farmers. operative members that— Day’’ with appropriate ceremonies and ac- I would love to say opportunities for ‘‘(A) own, feed, or control livestock; and tivities. independent producers have gotten bet- ‘‘(B) provide the livestock to the coopera- f ter since the last time we debated this tive for slaughter; bill during the 2008 Farm Bill. But that ‘‘(3) a packer that is not required to report SENATE RESOLUTION 383—DESIG- simply isn’t the case. We are to the to the Secretary on each reporting day (as NATING FEBRUARY 29, 2012, AS point where most farmers have to de- defined in section 212 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a)) infor- ‘‘RARE DISEASE DAY’’ liver their livestock to one of a few mation on the price and quantity of live- Mr. BROWN of Ohio (for himself and very large packers. Farmers’ bar- stock purchased by the packer; or Mr. BARRASSO) submitted the following gaining power is diminished by the ‘‘(4) a packer that owns 1 livestock proc- resolution; which was considered and sheer size and economic position of the essing plant; or’’. agreed to: packers. But beyond that, farmers have (b) EFFECTIVE DATE.— to compete with the livestock owned (1) IN GENERAL.—Subject to paragraph (2), S. RES. 383 by the packing plant itself. The packer the amendments made by subsection (a) take Whereas rare diseases and disorders are ban would make sure the forces of the effect on the date of enactment of this Act. those diseases and disorders that affect a (2) TRANSITION RULES.—In the case of a small patient population, which in the marketplace work for the benefit of packer that on the date of enactment of this United States is typically a population of the farmer as much as it does for the Act owns, feeds, or controls livestock in- fewer than 200,000 people; slaughterhouse. tended for slaughter in violation of section Whereas, as of the date of approval of this I am sure there will be folks in the 202(f) of the Packers and Stockyards Act, resolution, nearly 7,000 rare diseases affect packing industry that point out that 1921 (as amended by subsection (a)), the 30,000,000 people and their families in the farmers are doing okay right now, and amendments made by subsection (a) apply to United States; that’s great that farmers are experi- the packer— Whereas children with rare genetic dis- encing a good period. I am pleased any- (A) in the case of a packer of swine, begin- eases account for more than half of the popu- ning on the date that is 18 months after the lation affected by rare diseases in the United time the hard work of livestock farm- date of enactment of this Act; and States; ers results in a good price. But I don’t (B) in the case of a packer of any other Whereas many rare diseases are life- want my colleagues here in the Senate type of livestock, beginning as soon as prac- threatening and lack an effective treatment; to be lulled to sleep and think just be- ticable, but not later than 180 days, after the Whereas rare diseases and disorders in- cause prices are good right now means date of enactment of this Act, as determined clude epidermolysis bullosa, progeria, sickle we don’t have competition issues in the by the Secretary of Agriculture. cell anemia, Tay-Sachs disease, cystic fibro- sis, many childhood cancers, and livestock industry that need to be ad- f dressed. This is about ensuring farmers fibrodysplasia ossificans progressiva; SUBMITTED RESOLUTIONS Whereas people with a rare disease experi- are able to get fair prices for years to ence challenges that include difficulty in ob- come. We need to work today, and im- taining an accurate diagnosis, limited treat- plement this reform, to ensure the next SENATE RESOLUTION 382—DESIG- ment options, and difficulty finding a physi- generation of independent farmers has NATING MARCH 2, 2012, AS ‘‘READ cian or treatment center with expertise in an opportunity to raise livestock and the disease; ACROSS AMERICA DAY’’ receive fair prices as a result of their Whereas great strides have been made in hard work. Mr. REED (for himself and Ms. COL- research and treatment for rare diseases as a Mr. President, I ask unanimous con- LINS) submitted the following resolu- result of the Orphan Drug Act (21 U.S.C. sent that the text of the bill be printed tion; which was considered and agreed 360aa et seq.); to: Whereas both the Food and Drug Adminis- in the RECORD. tration and the National Institutes of Health There being no objection, the text of S. RES. 382 have established special offices to advocate the bill was ordered to be printed in Whereas reading is a basic requirement for for rare disease research and treatments; the RECORD, as follows: quality education and professional success, Whereas the National Organization for S. 2141 and is a source of pleasure throughout life; Rare Disorders, an organization established Be it enacted by the Senate and House of Rep- Whereas the people of the United States in 1983 to provide services to, and advocate resentatives of the United States of America in must be able to read if the United States is on behalf of, patients with rare diseases, was Congress assembled, to remain competitive in the global econ- a primary force behind the enactment of the SECTION 1. PROHIBITION ON PACKERS OWNING, omy; Orphan Drug Act and remains a critical pub- FEEDING, OR CONTROLLING LIVE- Whereas Congress has placed great empha- lic voice for people with rare diseases; STOCK. sis on reading intervention and on providing Whereas the National Organization for (a) IN GENERAL.—Section 202 of the Pack- additional resources for reading assistance, Rare Disorders sponsors Rare Disease Day in ers and Stockyards Act, 1921 (7 U.S.C. 192), is including through the programs authorized the United States to increase public aware- amended— by the Elementary and Secondary Education ness of rare diseases; (1) by redesignating subsections (f) and (g) Act of 1965 (20 U.S.C. 6301 et seq.) and Whereas Rare Disease Day has become a as subsections (g) and (h), respectively; and through annual appropriations for library global event that occurs annually on the last (2) by inserting after subsection (e) the fol- and literacy programs; and day of February; lowing: Whereas more than 50 national organiza- Whereas Rare Disease Day was observed in ‘‘(f) Own or feed livestock directly, through tions concerned about reading and education the United States for the first time on Feb- a subsidiary, or through an arrangement have joined with the National Education As- ruary 28, 2009; and that gives the packer operational, manage- sociation to designate March 2, the anniver- Whereas Rare Disease Day is expected to rial, or supervisory control over the live- sary of the birth of Theodor Geisel (also be observed globally in years to come, pro- stock, or over the farming operation that known as Dr. Seuss), as a day to celebrate viding hope and information for rare disease produces the livestock, to such an extent reading: Now, therefore, be it patients around the world: Now, therefore, that the producer is no longer materially Resolved, That the Senate— be it participating in the management of the op- (1) designates March 2, 2012, as ‘‘Read Resolved, That the Senate— eration with respect to the production of the Across America Day’’; (1) designates February 29, 2012, as ‘‘Rare livestock, except that this subsection shall (2) honors Theodor Geisel, also known as Disease Day’’; not apply to— Dr. Seuss, for his success in encouraging (2) recognizes the importance of improving ‘‘(1) an arrangement entered into within 7 children to discover the joy of reading; awareness and encouraging accurate and days (excluding any Saturday or Sunday) be- (3) honors the 15th anniversary of ‘‘Read early diagnosis of rare diseases and dis- fore slaughter of the livestock by a packer, a Across America Day’’; orders; and

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2474 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012

(3) supports the commitment of the United intended to be proposed by her to the bill S. ‘‘(1) REQUIREMENT.—Beginning on the date States and all countries to improving access 1813, supra; which was ordered to lie on the that is 1 year after the date of the enactment to, and developing, new treatments, table. of the Moving Ahead for Progress in the 21st diagnostics, and cures for rare diseases and SA 1754. Mr. ROCKEFELLER (for himself Century Act, no person may sell or offer to disorders. and Mr. MANCHIN) submitted an amendment sell interstate motorcoach transportation f intended to be proposed by him to the bill S. services, or provide broker services related 1813, supra; which was ordered to lie on the to such transportation, unless the person, at SENATE RESOLUTION 384—DESIG- table. the point of sale or provision of broker serv- NATING THE FIRST TUESDAY IN SA 1755. Mr. ROCKEFELLER (for himself ices, conspicuously displays or, in the case of MARCH AS ‘‘NATIONAL PUBLIC and Mr. MANCHIN) submitted an amendment telephonic transactions, verbally provides— HIGHER EDUCATION DAY’’ intended to be proposed by him to the bill S. ‘‘(A) the legal name and USDOT number of 1813, supra; which was ordered to lie on the the single motor carrier responsible for the Mr. SCHUMER (for himself and Mrs. table. transportation and for compliance with the GILLIBRAND) submitted the following SA 1756. Mr. DEMINT submitted an amend- Federal Motor Carrier Safety Regulations resolution; which was referred to the ment intended to be proposed by him to the under parts 350 through 399 of title 49, Code Committee on the Judiciary: bill S. 1813, supra; which was ordered to lie of Federal Regulations; and S. RES. 384 on the table. ‘‘(B) the URL for the Federal Motor Car- Whereas the economic strength of the f rier Safety Administration’s public website United States and its ability to create jobs where the Administration has posted motor and compete globally requires a skilled TEXT OF AMENDMENTS carrier and commercial motor vehicle driver workforce educated for a 21st century econ- SA 1751. Mr. SCHUMER submitted an scores in the Safety Measurement System. omy; amendment intended to be proposed to ‘‘(2) CIVIL PENALTIES.—A person who vio- lates paragraph (1) shall be liable for civil Whereas according to the Department of amendment SA 1730 proposed by Mr. Education, over 14,000,000 students attend penalties to the same extent as a person who REID to the bill S. 1813, to reauthorize public postsecondary degree-granting insti- does not prepare a record in the form and tutions across every State in the United Federal-aid highway and highway safe- manner prescribed under section 14901(a). ‘‘(c) RULEMAKING.— States, comprising almost 3⁄4 of postsec- ty construction programs, and for ondary students in the United States; other purposes; which was ordered to ‘‘(1) IN GENERAL.—Not later than 2 years Whereas the Federal Reserve Bank of St. lie on the table; as follows: after the date on which the safety fitness de- termination rule is implemented, the Sec- Louis has found that publicly supported On page 586, line 10, strike ‘‘Section’’ and community colleges ‘‘enroll almost half of retary shall require, by regulation— insert the following: ‘‘(A) each motor carrier that owns or all U.S. undergraduate students and are es- (a) SAFETY REVIEWS.—Section sential for work force training and retrain- leases 1 or more motorcoaches that trans- On page 586, line 20, insert ‘‘through a sim- port passengers subject to the Secretary’s ju- ing’’; ple and understandable rating system that Whereas according to the Center for Meas- risdiction under section 13501 to prominently allows motorcoach passengers to compare display the safety fitness rating assigned uring University Performance, 1⁄2 of the top the safety performance of motorcoach opera- under section 31144(j)(1)(A)(ii)— 50 research universities in the United States tors’’ before the semicolon. are public institutions, from Virginia to ‘‘(i) in each terminal of departure; On page 587, line 25, strike ‘‘shall reassess’’ ‘‘(ii) in the motorcoach and visible from a Washington, Texas to Minnesota, Ohio to and insert the following ‘‘shall— Colorado, and many more; position exterior to the vehicle at the point ‘‘(A) reassess of departure, if the motorcoach does not de- Whereas according to the Department of On page 588, line 2, strike the period at the Veterans Affairs, during the 2009–2010 aca- part from a terminal; and end and insert the following: ‘‘; and ‘‘(iii) at all points of sale for such motor- demic year, public universities made up 2 of ‘‘(B) annually assess the safety fitness of the top 5 most popular choices for students coach services and operations; and certain providers of motorcoach services ‘‘(B) any person who sells tickets for mo- who used benefits from the Post-9/11 Vet- that serve primarily urban areas with high erans Educational Assistance Act of 2008 (38 torcoach services and operations to display passenger loads. the rating system described in subparagraph U.S.C. 3301 et seq.); and On page 588, between lines 7 and 8, insert Whereas the first Tuesday in the month of (A) at all points of sale for such motorcoach the following: services and operations. March is an appropriate day to designate as (b) DISCLOSURE OF SAFETY PERFORMANCE ‘‘(2) ITEMS INCLUDED IN THE RULEMAKING.— National Public Higher Education Day: Now, RATINGS OF MOTORCOACH SERVICES AND OPER- therefore, be it In promulgating safety performance ratings ATIONS.— for motorcoaches pursuant to the rule- Resolved, That the Senate— (1) IN GENERAL.—Subchapter I of chapter (1) designates the first Tuesday in the making required under paragraph (1), the 141 of title 49, United States Code, is amend- Secretary shall consider— month of March as ‘‘National Public Higher ed by adding at the end the following: Education Day’’; ‘‘(A) the need and extent to which safety (2) recognizes the importance of public ‘‘§ 14105. Safety performance ratings of mo- performance ratings should be made avail- higher education for growing a skilled do- torcoach services and operations able in languages other than English; and mestic workforce, promoting research and ‘‘(a) DEFINITIONS.—In this section: ‘‘(B) penalties authorized under section 521. innovation, and advancing the global com- ‘‘(1) MOTORCOACH.— ‘‘(3) INSUFFICIENT INSPECTIONS.—Any motor petitiveness of the United States; and ‘‘(A) IN GENERAL.—Except as provided in carrier for which insufficient safety data is (3) calls upon the people of the United subparagraph (B), the term ‘motorcoach’ has available shall display a label that states States to observe National Public Higher the meaning given to the term ‘over-the-road that the carrier has sufficiently passed the Education Day with appropriate ceremonies bus’ in section 3038(a)(3) of the Transpor- preauthorization safety audit required under and activities. tation Equity Act for the 21st Century (49 section 13902(b)(1)(A). U.S.C. 5310 note). ‘‘(d) EFFECT ON STATE AND LOCAL LAW.— f ‘‘(B) EXCLUSIONS.—The term ‘motorcoach’ Nothing in this section may be construed to AMENDMENTS SUBMITTED AND does not include— preempt a State, or a political subdivision of PROPOSED ‘‘(i) a bus used in public transportation a State, from enforcing any requirements that is provided by a State or local govern- concerning the manner and content of con- SA 1751. Mr. SCHUMER submitted an ment; or sumer information provided by motor car- amendment intended to be proposed to ‘‘(ii) a school bus (as defined in section riers that are not subject to the Secretary’s amendment SA 1730 proposed by Mr. REID to 30125(a)(1)), including a multifunction school jurisdiction under section 13501.’’. the bill S. 1813, to reauthorize Federal-aid activity bus. (2) CLERICAL AMENDMENT.—The analysis of highway and highway safety construction chapter 141 of title 49, United States Code, is programs, and for other purposes; which was ‘‘(2) MOTORCOACH SERVICES AND OPER- ATIONS.—The term ‘motorcoach services and amended by inserting after the item relating ordered to lie on the table. to section 14104 the following: SA 1752. Ms. SNOWE (for herself, Mr. operations’ means passenger transportation ‘‘Sec. 14105. Safety performance ratings of CARDIN, Ms. KLOBUCHAR, Mr. RUBIO, Mr. by a motorcoach for compensation. motorcoach services and oper- ROCKEFELLER, Mr. WICKER, Mr. MERKLEY, ‘‘(3) POINT OF SALE.—The term ‘point of ations.’’. Mr. BLUMENTHAL, and Mr. TESTER) submitted sale’ means any website, telephonic trans- action, or ticket window through which the an amendment intended to be proposed by Ms. SNOWE (for herself, Mr. her to the bill S. 1813, supra; which was or- sale of transportation occurs or where SA 1752. dered to lie on the table. broker service is provided. CARDIN, Ms. KLOBUCHAR, Mr. RUBIO, Mr. SA 1753. Ms. KLOBUCHAR (for herself and ‘‘(b) DISPLAY OF MOTOR CARRIER IDENTI- ROCKEFELLER, Mr. WICKER, Mr. Mr. ALEXANDER) submitted an amendment FICATION.— MERKLEY, Mr. BLUMENTHAL, and Mr.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2475 TESTER) submitted an amendment in- SA 1753. Ms. KLOBUCHAR (for her- ‘‘(i) APPALACHIAN DEVELOPMENT HIGHWAY tended to be proposed by her to the bill self and Mr. ALEXANDER) submitted an SYSTEM.— S. 1813, to reauthorize Federal-aid amendment intended to be proposed by ‘‘(1) IN GENERAL.—For each of fiscal years highway and highway safety construc- her to the bill S. 1813, to reauthorize 2012 and 2013, of the amounts apportioned to a State under section 104(b)(2), the State tion programs, and for other purposes; Federal-aid highway and highway safe- shall obligate for the Appalachian develop- which was ordered to lie on the table; ty construction programs, and for ment highway system not less the amount as follows: other purposes; which was ordered to that was apportioned by the Appalachian Re- At the appropriate place, insert the fol- lie on the table; as follows: gional Commission to the State for the con- lowing: On page 326, strike lines 9 through 17, and struction of designated corridors of the Ap- SEC. lllll. IMPROVING AND EXPEDITING insert the following: palachian development highway system in SAFETY ASSESSMENTS IN THE COM- ‘‘(A) IN GENERAL.—Each State shall provide the State for fiscal year 2010. MERCIAL DRIVER’S LICENSE APPLI- to— ‘‘(2) ACCESS ROADS.—Funds obligated under CATION PROCESS FOR MEMBERS ‘‘(i) nonmetropolitan local elected officials subsection (c)(1) shall be available to con- AND FORMER MEMBERS OF THE an opportunity to participate in accordance struct highways and access roads in accord- ARMED FORCES. with subparagraph (B)(i); and ance with section 1116 of the Safe, Account- (a) STUDY.— ‘‘(ii) affected individuals, public agencies, able, Flexible, Efficient Transportation Eq- (1) IN GENERAL.—Not later than 90 days and other interested parties notice and a rea- uity Act: A Legacy for Users (119 Stat. after the date of enactment of this Act, the sonable opportunity to comment on the 1177).’’. Secretary of Transportation, in coordination statewide transportation plan and statewide with the Secretary of Defense, and in con- transportation improvement program. SA 1755. Mr. ROCKEFELLER (for sultation with the States and other relevant ‘‘(B) METHODS.—In carrying out this para- himself and Mr. MANCHIN) submitted an stakeholders, shall commence a study to as- graph, the State shall— amendment intended to be proposed by sess Federal and State regulatory, economic, ‘‘(i) develop and document a consultative him to the bill S. 1813, to reauthorize and administrative challenges faced by mem- process to carry out subparagraph (A)(i) that bers and former members of the Armed Federal-aid highway and highway safe- is separate and discrete from the public in- ty construction programs, and for Forces who received safety training and op- volvement process developed under clause erated qualifying motor vehicles during (ii);’’. other purposes; which was ordered to their service in obtaining commercial driv- Beginning on page 326, line 18, through lie on the table; as follows: er’s licenses (as defined in section 31301(3) of page 327, line 14, redesignate clauses (i) On page 89, line 7, insert ‘‘and for local ac- title 49, United States Code). through (iv) as clauses (ii) through (v), re- cess roads under section 14501 of title 40’’ (2) REQUIREMENTS.—The study shall— spectively. after ‘‘subsection (c)’’. (A) identify written and behind-the-wheel On page 348, lines 14 and 15, strike ‘‘appli- On page 93, line 8, strike the closing safety training, qualification standards, cable Federal law’’ and insert ‘‘this section quotation marks and the following period. knowledge and skills tests, or other oper- and applicable Federal law (including rules On page 93, between lines 8 and 9, insert ating experience members of the Armed and regulations)’’. the following: Forces must meet that satisfy the minimum On page 348, line 16, insert ‘‘not later than ‘‘(i) APPALACHIAN DEVELOPMENT HIGHWAY standards prescribed by the Secretary of 180 days after the date of enactment of the SYSTEM.— Transportation for the operation of commer- MAP-21 and’’ after ‘‘certify,’’. ‘‘(1) IN GENERAL.—Not later than 1 year cial motor vehicles under section 31305 of On page 348, line 17, insert ‘‘thereafter’’ after the date of enactment of the MAP–21, title 49, United States Code; after ‘‘years’’. each State represented on the Appalachian On page 349, strike lines 20 through 23 and (B) compare the alcohol and controlled Regional Commission shall establish a plan insert the following: substances testing requirements for mem- for the completion of the designated cor- ‘‘(4) PUBLIC INVOLVEMENT.— bers of the Armed Forces with those required ridors of the Appalachian development high- ‘‘(A) IN GENERAL.—In making a determina- for holders of a commercial driver’s license; way system within the State, including an- tion regarding certification under this sub- (C) evaluate the cause of delays in review- nual performance targets, with a target com- section, the Secretary shall ensure that a ing applications for commercial driver’s li- pletion date of not later than January 1, State— censes of members and former members of 2035. ‘‘(i) reviews and solicits comments from the Armed Forces; ‘‘(2) PERFORMANCE TARGETS.—If the Sec- nonmetropolitan local elected officials and (D) identify duplicative application costs; retary determines that a State has not met other interested parties for a period of not (E) identify residency, domicile, training or made significant progress toward meeting less than 60 days regarding the effectiveness and testing requirements, and other safety the performance targets of the State estab- of the consultation process and any proposed or health assessments that affect or delay lished by the plan of the State under para- modifications to the process as part of the the issuance of commercial driver’s licenses graph (1) for a fiscal year, the State shall ob- certification under paragraph (1)(B); and to members and former members of the ligate for the subsequent fiscal year for con- ‘‘(ii) provides an opportunity for other pub- Armed Forces; and struction of the Appalachian development lic involvement that is appropriate to the (F) other factors the Secretary deems ap- highway system within the State an amount State under review. propriate to meet the requirements of the equal to at least 105 percent of the amount of ‘‘(B) MODIFICATIONS.— study. funds the State received for the Appalachian ‘‘(i) IN GENERAL.—The State may adopt any (b) REPORT.— development highway system for fiscal year modification to the consultation process pro- (1) IN GENERAL.—Not later than 180 days 2009. posed under subparagraph (A). after the commencement of the study under ‘‘(3) ACCESS ROADS.—Funds obligated under ‘‘(ii) RATIONALE FOR NONADOPTION.—If the subsection (a), the Secretary of Transpor- subsection (c)(1) shall be available to con- State elects not to adopt a proposed modi- tation shall submit to the Committee on struct highways and access roads in accord- fication under subparagraph (A), the State Commerce, Science, and Transportation of ance with section 1116 of the Safe, Account- shall make publicly available a description the Senate and the Committee on Transpor- able, Flexible, Efficient Transportation Eq- of the rationale of the State for not adopting tation and Infrastructure of the House of uity Act: A Legacy for Users (119 Stat. the proposed modification.’’. Representatives a report that provides find- 1177).’’. ings and recommendations on the study. SA 1754. Mr. ROCKEFELLER (for (2) ELEMENTS.—The report under paragraph SA 1756. Mr. DEMINT submitted an himself and Mr. MANCHIN) submitted an (1) shall include— amendment intended to be proposed by (A) findings related to the study require- amendment intended to be proposed by him to the bill S. 1813, to reauthorize him to the bill S. 1813, to reauthorize ments under subsection (a)(2); Federal-aid highway and highway safe- (B) recommendations for the Federal and Federal-aid highway and highway safe- ty construction programs, and for ty construction programs, and for State legislative, regulatory, and adminis- other purposes; which was ordered to trative actions necessary to address chal- other purposes; which was ordered to lenges identified in subparagraph (A); and lie on the table; as follows: lie on the table; as follows: (C) a plan to implement the recommenda- On page 89, line 7, insert ‘‘and for local ac- Beginning on page 1, strike line 4 and all tions for which the Secretary of Transpor- cess roads under section 14501 of title 40’’ that follows through the end of the bill and, tation has authority. after ‘‘subsection (c)’’. at the appropriate place, insert the fol- (c) IMPLEMENTATION.—Upon completion of On page 93, line 8, strike the closing lowing: the report under subsection (b), the Sec- quotation marks and the following period. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. retary of Transportation shall implement On page 93, between lines 8 and 9, insert (a) SHORT TITLE.—This Act may be cited as the plan under subsection (b)(2)(C). the following: the ‘‘Transportation Empowerment Act’’.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2476 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012

(b) TABLE OF CONTENTS.—The table of con- of each State to apply innovative solutions development under section 403 of that title, tents of this Act is as follows: to the financing, design, construction, oper- $35,000,000 for each of fiscal years 2014 Sec. 1. Short title; table of contents. ation, and preservation of Federal and State through 2018. Sec. 2. Findings and purposes. transportation facilities; and (F) SURFACE TRANSPORTATION RESEARCH.— Sec. 3. Limitation on expenditures. (5) with respect to transportation activi- For cooperative agreements with nonprofit Sec. 3. Funding for core highway programs. ties carried out by States, local govern- research organizations to carry out applied Sec. 4. Infrastructure Special Assistance ments, and the private sector, to encour- pavement research under section 502 of that Fund. age— title, $200,000,000 for each of fiscal years 2014 Sec. 5. Return of excess tax receipts to (A) competition among States, local gov- through 2018. States. ernments, and the private sector; and (G) ADMINISTRATIVE EXPENSES.—For ad- Sec. 6. Reduction in taxes on gasoline, diesel (B) innovation, energy efficiency, private ministrative expenses incurred in carrying fuel, kerosene, and special fuels sector participation, and productivity. out the programs referred to in subpara- funding Highway Trust Fund. SEC. 3. LIMITATION ON EXPENDITURES. graphs (A) through (F), $92,890,000 for fiscal Sec. 7. Report to Congress. Notwithstanding any other provision of year 2014, $95,040,000 for fiscal year 2015, Sec. 8. Effective date contingent on certifi- law, if the Secretary of Transportation de- $97,190,000 for fiscal year 2016, $99,340,000 for cation of deficit neutrality. termines for any fiscal year that the aggre- fiscal year 2017, and $101,490,000 for fiscal SEC. 2. FINDINGS AND PURPOSES. gate amount required to carry out transpor- year 2018. (a) FINDINGS.—Congress finds that— tation programs and projects under this Act (2) TRANSFERABILITY OF FUNDS.—Section (1) the objective of the Federal highway and amendments made by this Act exceeds 104 of title 23, United States Code, is amend- program has been to facilitate the construc- the estimated aggregate amount in the High- ed by striking subsection (g) and inserting tion of a modern freeway system that pro- way Trust Fund available for those programs the following: motes efficient interstate commerce by con- and projects for the fiscal year, each amount ‘‘(g) TRANSFERABILITY OF FUNDS.— necting all States; made available for such a program or project ‘‘(1) IN GENERAL.—To the extent that a (2) that objective has been attained, and shall be reduced by the pro rata percentage State determines that funds made available the Interstate System connecting all States required to reduce the aggregate amount re- under this title to the State for a purpose is near completion; quired to carry out those programs and are in excess of the needs of the State for (3) each State has the responsibility of pro- projects to an amount equal to that avail- that purpose, the State may transfer the ex- viding an efficient transportation network able for those programs and projects in the cess funds to, and use the excess funds for, for the residents of the State; Highway Trust Fund for the fiscal year. any surface transportation (including mass (4) each State has the means to build and SEC. 4. FUNDING FOR CORE HIGHWAY PRO- transit and rail) purpose in the State. operate a network of transportation sys- GRAMS. ‘‘(2) ENFORCEMENT.—If the Secretary deter- tems, including highways, that best serves (a) IN GENERAL.— mines that a State has transferred funds the needs of the State; (1) FUNDING.—For the purpose of carrying under paragraph (1) to a purpose that is not (5) each State is best capable of deter- out title 23, United States Code, the fol- a surface transportation purpose as described mining the needs of the State and acting on lowing sums are authorized to be appro- in paragraph (1), the amount of the improp- those needs; priated out of the Highway Trust Fund: erly transferred funds shall be deducted from (6) the Federal role in highway transpor- (A) INTERSTATE MAINTENANCE PROGRAM.— any amount the State would otherwise re- tation has, over time, usurped the role of the For the Interstate maintenance program ceive from the Highway Trust Fund for the States by taxing motor fuels used in the under section 119 of title 23, United States fiscal year that begins after the date of the States and then distributing the proceeds to Code, $5,200,000,000 for fiscal year 2014, determination.’’. the States based on the Federal Govern- $5,280,000,000 for fiscal year 2015, $5,360,000,000 (3) FEDERAL-AID SYSTEM.—Section 103(a) of ment’s perceptions of what is best for the for fiscal year 2016, $5,440,000,000 for fiscal title 23, United States Code, is amended by States; year 2017, and $5,520,000,000 for fiscal year striking ‘‘systems are the Interstate System (7) the Federal Government has used the 2018. and the National Highway System’’ and in- Federal motor fuels tax revenues to force all (B) EMERGENCY RELIEF.—For emergency re- serting ‘‘system is the Interstate System’’. States to take actions that are not nec- lief under section 125 of that title, (4) INTERSTATE MAINTENANCE PROGRAM.— essarily appropriate for individual States; $100,000,000 for each of fiscal years 2014 Section 104(b) of title 23, United States Code, (8) the Federal distribution, review, and through 2018. is amended by striking paragraph (4) and in- enforcement process wastes billions of dol- (C) INTERSTATE BRIDGE PROGRAM.—For the serting the following: lars on unproductive activities; Interstate bridge program under section 144 ‘‘(4) INTERSTATE MAINTENANCE COMPO- (9) Federal mandates that apply uniformly of that title, $2,527,000,000 for fiscal year 2014, NENT.—For each of fiscal years 2014 through to all 50 States, regardless of the different $2,597,000,000 for fiscal year 2015, $2,667,000,000 2018, for the Interstate maintenance program circumstances of the States, cause the for fiscal year 2016, $2,737,000,000 for fiscal under section 119, 1 percent to the Virgin Is- States to waste billions of hard-earned tax year 2017, and $2,807,000,000 for fiscal year lands, Guam, American Samoa, and the Com- dollars on projects, programs, and activities 2018. monwealth of the Northern Mariana Islands that the States would not otherwise under- (D) FEDERAL LANDS HIGHWAYS PROGRAM.— and the remaining 99 percent apportioned as take; and (i) INDIAN RESERVATION ROADS.—For Indian follows: (10) Congress has expressed a strong inter- reservation roads under section 204 of that ‘‘(A)(i) For each State with an average pop- est in reducing the role of the Federal Gov- title, $470,000,000 for fiscal year 2014, ulation density of 20 persons or fewer per ernment by allowing each State to manage $510,000,000 for fiscal year 2015, $550,000,000 for square mile, and each State with a popu- its own affairs. fiscal year 2016, $590,000,000 for fiscal year lation of 1,500,000 persons or fewer and with (b) PURPOSES.—The purposes of this Act 2017, and $630,000,000 for fiscal year 2018. a land area of 10,000 square miles or less, the are— (ii) PUBLIC LANDS HIGHWAYS.—For public greater of— (1) to return to the individual States max- lands highways under section 204 of that ‘‘(I) a percentage share of apportionments imum discretionary authority and fiscal re- title, $300,000,000 for fiscal year 2014, equal to the percentage for the State de- sponsibility for all elements of the national $310,000,000 for fiscal year 2015, $320,000,000 for scribed in clause (ii); or surface transportation systems that are not fiscal year 2016, $330,000,000 for fiscal year ‘‘(II) a share determined under subpara- within the direct purview of the Federal 2017, and $340,000,000 for fiscal year 2018. graph (B). Government; (iii) PARKWAYS AND PARK ROADS.—For ‘‘(ii) The percentage referred to in clause (2) to preserve Federal responsibility for parkways and park roads under section 204 of (i)(I) for a State for a fiscal year shall be the the Dwight D. Eisenhower National System that title, $255,000,000 for fiscal year 2014, percentage calculated for the State for fiscal of Interstate and Defense Highways; $270,000,000 for fiscal year 2015, $285,000,000 for year 2009 under section 105(b) of title 23, (3) to preserve the responsibility of the De- fiscal year 2016, $300,000,000 for fiscal year United States Code. partment of Transportation for— 2017, and $315,000,000 for fiscal year 2018. ‘‘(B) For each State not described in sub- (A) design, construction, and preservation (iv) REFUGE ROADS.—For refuge roads paragraph (A), a share of the apportionments of transportation facilities on Federal public under section 204 of that title, $32,000,000 for remaining determined in accordance with land; each of fiscal years 2014 through 2018. the following formula: (B) national programs of transportation re- (E) HIGHWAY SAFETY PROGRAMS.— ‘‘(i) 1⁄9 in the ratio that the total rural lane search and development and transportation (i) IN GENERAL.—For highway safety pro- miles in each State bears to the total rural safety; and grams under section 402 of that title, lane miles in all States with an average pop- (C) emergency assistance to the States in $170,000,000 for each of fiscal years 2014 ulation density greater than 20 persons per response to natural disasters; through 2018. square mile and all States with a population (4) to eliminate to the maximum extent (ii) HIGHWAY SAFETY RESEARCH AND DEVEL- of more than 1,500,000 persons and with a practicable Federal obstacles to the ability OPMENT.—For highway safety research and land area of more than 10,000 square miles.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2477

‘‘(ii) 1⁄9 in the ratio that the total rural ve- quirement in effect as of the date of enact- cial Assistance Fund’ consisting of such hicle miles traveled in each State bears to ment of this Act, shall apply on or after Oc- amounts as may be transferred or credited to the total rural vehicle miles traveled in all tober 1, 2013, to the use of Federal funds for the Infrastructure Special Assistance Fund States described in clause (i). highway projects by a public-private part- as provided in this subsection or section ‘‘(iii) 2⁄9 in the ratio that the total urban nership. 9602(b). lane miles in each State bears to the total (b) EXPENDITURES FROM HIGHWAY TRUST ‘‘(2) TRANSFERS TO INFRASTRUCTURE SPE- urban lane miles in all States described in FUND.— CIAL ASSISTANCE FUND.—On the first day of clause (i). (1) EXPENDITURES FOR CORE PROGRAMS.— each fiscal year, the Secretary, in consulta- ‘‘(iv) 2⁄9 in the ratio that the total urban Section 9503(c) of the Internal Revenue Code tion with the Secretary of Transportation, vehicle miles traveled in each State bears to of 1986 is amended— shall determine the excess (if any) of— the total urban vehicle miles traveled in all (A) in paragraph (1), by striking ‘‘Surface ‘‘(A) the sum of— States described in clause (i). Transportation Extension Act of 2011, Part ‘‘(i) the amounts appropriated in such fis- ‘‘(v) 3⁄9 in the ratio that the total diesel II’’ and inserting ‘‘Transportation Empower- cal year to the Highway Trust Fund under fuel used in each State bears to the total die- ment Act’’; subsection (b) which are attributable to the sel fuel used in all States described in clause (B) in paragraph (1), by striking ‘‘April 1, core programs financing rate for such year, (i).’’. 2012’’ and inserting ‘‘October 1, 2018’’; plus (5) INTERSTATE BRIDGE PROGRAM.—Section (C) in paragraphs (3)(A)(i), (4)(A), and (5), ‘‘(ii) the amounts appropriated in such fis- 144 of title 23, United States Code, is amend- by striking ‘‘April 1, 2012’’ each place it ap- cal year to the Highway Trust Fund under ed— pears and inserting ‘‘October 1, 2020’’; and subsection (b) which are attributable to (A) in subsection (d)— (D) in paragraph (2), by striking ‘‘January taxes under sections 4051, 4071, and 4481 for (i) by inserting ‘‘on the Federal-aid system 1, 2013’’ and inserting ‘‘July 1, 2021’’. such year, over or described in subsection (c)(3)’’ after ‘‘high- (2) AMOUNTS AVAILABLE FOR CORE PROGRAM ‘‘(B) the amount appropriated under sub- way bridge’’ each place it appears; and EXPENDITURES.—Section 9503 of such Code is section (c) for such fiscal year, (ii) by inserting ‘‘on the Federal-aid sys- amended by adding at the end the following: and shall transfer such excess to the Infra- tem or described in subsection (c)(3)’’ after ‘‘(g) CORE PROGRAMS FINANCING RATE.—For ‘‘highway bridges’’ each place it appears; purposes of this section— structure Special Assistance Fund. ‘‘(3) EXPENDITURES FROM INFRASTRUCTURE (B) in the second sentence of subsection ‘‘(1) IN GENERAL.—Except as provided in (e)— paragraph (2)— SPECIAL ASSISTANCE FUND.— (i) in paragraph (1), by adding ‘‘and’’ at the ‘‘(A) in the case of gasoline and special ‘‘(A) TRANSITIONAL ASSISTANCE.— end; motor fuels the tax rate of which is the rate ‘‘(i) IN GENERAL.—Except as provided in (ii) in paragraph (2), by striking the specified in section 4081(a)(2)(A)(i), the core clause (iii), during fiscal years 2014 through comma at the end and inserting a period; and programs financing rate is— 2017, $1,000,000,000 in the Infrastructure Spe- (iii) by striking paragraphs (3) and (4); ‘‘(i) after September 30, 2013, and before Oc- cial Assistance Fund shall be available to (C) in the first sentence of subsection (k), tober 1, 2014, 18.3 cents per gallon, States for transportation-related program by inserting ‘‘on the Federal-aid system or ‘‘(ii) after September 30, 2014, and before expenditures. described in subsection (c)(3)’’ after ‘‘any October 1, 2015, 9.6 cents per gallon, ‘‘(ii) STATE SHARE.—Each State is entitled bridge’’; ‘‘(iii) after September 30, 2015, and before to a share of the amount specified in clause (D) in subsection (l)(1), by inserting ‘‘on October 1, 2016, 6.4 cents per gallon, (i) determined in the following manner: the Federal-aid system or described in sub- ‘‘(iv) after September 30, 2016, and before ‘‘(I) Multiply the percentage of the section (c)(3)’’ after ‘‘construct any bridge’’; October 1, 2017, 5.0 cents per gallon, and amounts appropriated in the latest fiscal and ‘‘(v) after September 30, 2017, 3.7 cents per year for which such data are available to the (E) in the first sentence of subsection (m), gallon, and Highway Trust Fund under subsection (b) by inserting ‘‘for each of fiscal years 1991 ‘‘(B) in the case of kerosene, diesel fuel, which is attributable to taxes paid by high- through 2013,’’ after ‘‘of law,’’. and special motor fuels the tax rate of which way users in the State, by the amount speci- (6) NATIONAL DEFENSE HIGHWAYS.—Section is the rate specified in section fied in clause (i). If the result does not ex- 311 of title 23, United States Code, is amend- 4081(a)(2)(A)(iii), the core programs financing ceed $15,000,000, the State’s share equals ed— rate is— $15,000,000. If the result exceeds $15,000,000, (A) in the first sentence, by striking ‘‘(i) after September 30, 2013, and before Oc- the State’s share is determined under sub- ‘‘under subsection (a) of section 104 of this clause (II). title’’ and inserting ‘‘to carry out this sec- tober 1, 2014, 24.3 cents per gallon, ‘‘(II) Multiply the percentage determined tion’’; and ‘‘(ii) after September 30, 2014, and before under subclause (I), by the amount specified (B) by striking the second sentence. October 1, 2015, 12.7 cents per gallon, ‘‘(iii) after September 30, 2015, and before in clause (i) reduced by an amount equal to (7) FEDERALIZATION AND DEFEDERALIZATION October 1, 2016, 8.5 cents per gallon, $15,000,000 times the number of States the OF PROJECTS.—Notwithstanding any other provision of law, beginning on October 1, ‘‘(iv) after September 30, 2016, and before share of which is determined under subclause 2013— October 1, 2017, 6.6 cents per gallon, and (I). (A) a highway construction or improve- ‘‘(v) after September 30, 2017, 5.0 cents per ‘‘(iii) DISTRIBUTION OF REMAINING ment project shall not be considered to be a gallon. AMOUNT.—If after September 30, 2017, a por- Federal highway construction or improve- ‘‘(2) APPLICATION OF RATE.—In the case of tion of the amount specified in clause (i) re- ment project unless and until a State ex- fuels used as described in paragraph (3)(C), mains, the Secretary, in consultation with pends Federal funds for the construction por- (4)(B), and (5) of subsection (c), the core pro- the Secretary of Transportation, shall, on tion of the project; grams financing rate is zero.’’. October 1, 2017, apportion the portion among (B) a highway construction or improve- (c) TERMINATION OF TRANSFERS TO MASS the States using the percentages determined ment project shall not be considered to be a TRANSIT ACCOUNT.—Section 9503(e)(2) of the under clause (ii)(I) for such States. Federal highway construction or improve- Internal Revenue Code of 1986 is amended by ‘‘(B) ADDITIONAL EXPENDITURES FROM ment project solely by reason of the expendi- inserting ‘‘, and before October 1, 2013’’ after FUND.— ture of Federal funds by a State before the ‘‘March 31, 1983’’. ‘‘(i) IN GENERAL.—Amounts in the Infra- construction phase of the project to pay ex- (d) EFFECTIVE DATES.— structure Special Assistance Fund, in excess penses relating to the project, including for (1) IN GENERAL.—Except as provided in of the amount specified in subparagraph any environmental document or design work paragraph (2), the amendments made by this (A)(i), shall be available, as provided by ap- required for the project; and section take effect on October 1, 2013. propriation Acts, to the States for any sur- (C)(i) a State may, after having used Fed- (2) CERTAIN EXTENSIONS.—The amendments face transportation (including mass transit eral funds to pay all or a portion of the costs made by subsection (b)(1) shall take effect on and rail) purpose in such States, and the Sec- of a highway construction or improvement April 1, 2012. retary shall apportion such excess amounts project, reimburse the Federal Government SEC. 5. INFRASTRUCTURE SPECIAL ASSISTANCE among all States using the percentages de- in an amount equal to the amount of Federal FUND. termined under clause (ii)(I) for such States. funds so expended; and (a) BALANCE OF CORE PROGRAMS FINANCING ‘‘(ii) ENFORCEMENT.—If the Secretary de- (ii) after completion of a reimbursement RATE DEPOSITED IN FUND.—Section 9503 of termines that a State has used amounts described in clause (i), a highway construc- the Internal Revenue Code of 1986 is amended under clause (i) for a purpose which is not a tion or improvement project described in by adding at the end the following: surface transportation purpose as described that clause shall no longer be considered to ‘‘(h) ESTABLISHMENT OF INFRASTRUCTURE in clause (i), the improperly used amounts be a Federal highway construction or im- SPECIAL ASSISTANCE FUND.— shall be deducted from any amount the State provement project. ‘‘(1) CREATION OF FUND.—There is estab- would otherwise receive from the Highway (8) REPORTING REQUIREMENTS.—No report- lished in the Highway Trust Fund a separate Trust Fund for the fiscal year which begins ing requirement, other than a reporting re- fund to be known as the ‘Infrastructure Spe- after the date of the determination.’’.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2478 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012

(b) EFFECTIVE DATE.—The amendment (2) Section 4041(a)(2)(B)(ii) of such Code is (d) EFFECTIVE DATES.— made by this section takes effect on October amended by striking ‘‘24.3 cents’’ and insert- (1) IN GENERAL.—Except as provided in 1, 2013. ing ‘‘5.0 cents’’. paragraph (2), the amendments made by this SEC. 6. RETURN OF EXCESS TAX RECEIPTS TO (3) Section 4041(a)(3)(A) of such Code is section shall apply to fuel removed after STATES. amended by striking ‘‘18.3 cents’’ and insert- September 30, 2017. (a) IN GENERAL.—Section 9503(c) of the In- ing ‘‘3.7 cents’’. (2) CERTAIN CONFORMING AMENDMENTS.—The ternal Revenue Code of 1986 is amended by (4) Section 4041(m)(1) of such Code is amendments made by subsections (b)(1), adding at the end the following: amended— (b)(4), (b)(5), and (b)(6) shall apply to fuel re- ‘‘(6) RETURN OF EXCESS TAX RECEIPTS TO (A) in subparagraph (A), by striking ‘‘April moved after September 30, 2011. STATES FOR SURFACE TRANSPORTATION PUR- 1, 2012’’ and inserting ‘‘October 1, 2020,’’; SEC. 8. REPORT TO CONGRESS. POSES.— (B) in subparagraph (A)(i), by striking ‘‘9.15 Not later than 180 days after the date of ‘‘(A) IN GENERAL.—On the first day of each cents’’ and inserting ‘‘1.8 cents’’; enactment of this Act, after consultation of fiscal years 2014, 2015, 2016, and 2017, the (C) in subparagraph (A)(ii), by striking with the appropriate committees of Con- Secretary, in consultation with the Sec- ‘‘11.3 cents’’ and inserting ‘‘2.3 cents’’; and gress, the Secretary of Transportation shall retary of Transportation, shall— (D) by striking subparagraph (B) and in- submit a report to Congress describing such ‘‘(i) determine the excess (if any) of— serting the following: technical and conforming amendments to ti- ‘‘(I) the amounts appropriated in such fis- ‘‘(B) zero after September 30, 2020.’’. tles 23 and 49, United States Code, and such cal year to the Highway Trust Fund under (5) Section 4081(d)(1) of such Code is amend- technical and conforming amendments to subsection (b) which are attributable to the ed by striking ‘‘4.3 cents per gallon after other laws, as are necessary to bring those taxes described in paragraphs (1) and (2) March 31, 2012’’ and inserting ‘‘zero after titles and other laws into conformity with thereof (after the application of paragraph September 30, 2020’’. the policy embodied in this Act and the amendments made by this Act. (4) thereof) over the sum of— (6) Section 9503(b) of such Code is amend- ‘‘(II) the amounts so appropriated which ed— SEC. 9. EFFECTIVE DATE CONTINGENT ON CER- TIFICATION OF DEFICIT NEU- are equivalent to— (A) in paragraphs (1) and (2), by striking ‘‘April 1, 2012’’ both places it appears and in- TRALITY. ‘‘(aa) such amounts attributable to the (a) PURPOSE.—The purpose of this section core programs financing rate for such year, serting ‘‘October 1, 2020’’; (B) in the heading of paragraph (2), by is to ensure that— plus (1) this Act will become effective only if striking ‘‘APRIL 1, 2012’’ and inserting ‘‘OCTO- ‘‘(bb) the taxes described in paragraphs the Director of the Office of Management BER 1, 2020’’; (3)(C), (4)(B), and (5) of subsection (c), and and Budget certifies that this Act is deficit (C) in paragraph (2), by striking ‘‘after ‘‘(ii) allocate the amount determined under neutral; March 31, 2012, and before January 1, 2013’’ clause (i) among the States (as defined in (2) discretionary spending limits are re- and inserting ‘‘after September 30, 2020, and section 101(a) of title 23, United States Code) duced to capture the savings realized in de- before July 1, 2021’’; and for surface transportation (including mass volving transportation functions to the (D) in paragraph (6)(B), by striking ‘‘April transit and rail) purposes so that— State level pursuant to this Act; and 1, 2012’’ and inserting ‘‘October 1, 2018’’. ‘‘(I) the percentage of that amount allo- (3) the tax reduction made by this Act is (c) FLOOR STOCK REFUNDS.— cated to each State, is equal to not scored under pay-as-you-go and does not (1) IN GENERAL.—If— ‘‘(II) the percentage of the amount deter- inadvertently trigger a sequestration. (A) before October 1, 2017, tax has been im- mined under clause (i)(I) paid into the High- (b) EFFECTIVE DATE CONTINGENCY.—Not- way Trust Fund in the latest fiscal year for posed under section 4081 of the Internal Rev- withstanding any other provision of this Act, which such data are available which is at- enue Code of 1986 on any liquid; and this Act and the amendments made by this tributable to highway users in the State. (B) on such date such liquid is held by a Act shall take effect only if— dealer and has not been used and is intended ‘‘(B) ENFORCEMENT.—If the Secretary de- (1) the Director of the Office of Manage- termines that a State has used amounts for sale; ment and Budget (referred to in this section under subparagraph (A) for a purpose which there shall be credited or refunded (without as the ‘‘Director’’) submits the report as re- is not a surface transportation purpose as de- interest) to the person who paid such tax (in quired in subsection (c); and scribed in subparagraph (A), the improperly this subsection referred to as the ‘‘tax- (2) the report contains a certification by used amounts shall be deducted from any payer’’) an amount equal to the excess of the the Director that, based on the required esti- amount the State would otherwise receive tax paid by the taxpayer over the amount of mates, the reduction in discretionary out- from the Highway Trust Fund for the fiscal such tax which would be imposed on such liq- lays resulting from the reduction in contract year which begins after the date of the deter- uid had the taxable event occurred on such authority is at least as great as the reduc- mination.’’. date. tion in revenues for each fiscal year through (b) EFFECTIVE DATE.—The amendment (2) TIME FOR FILING CLAIMS.—No credit or fiscal year 2018. made by this section takes effect on October refund shall be allowed or made under this (c) OMB ESTIMATES AND REPORT.— 1, 2013. subsection unless— (1) REQUIREMENTS.—Not later than 5 cal- SEC. 7. REDUCTION IN TAXES ON GASOLINE, DIE- (A) claim therefor is filed with the Sec- endar days after the date of enactment of SEL FUEL, KEROSENE, AND SPECIAL retary of the Treasury before April 1, 2018; this Act, the Director shall— FUELS FUNDING HIGHWAY TRUST and (A) estimate the net change in revenues re- FUND. (B) in any case where liquid is held by a sulting from this Act for each fiscal year (a) REDUCTION IN TAX RATE.— dealer (other than the taxpayer) on October through fiscal year 2018; (1) IN GENERAL.—Section 4081(a)(2)(A) of 1, 2017— (B) estimate the net change in discre- the Internal Revenue Code of 1986 is amend- (i) the dealer submits a request for refund tionary outlays resulting from the reduction ed— or credit to the taxpayer before January 1, in contract authority under this Act for each (A) in clause (i), by striking ‘‘18.3 cents’’ 2018; and fiscal year through fiscal year 2018; and inserting ‘‘3.7 cents’’; and (ii) the taxpayer has repaid or agreed to (C) determine, based on those estimates, (B) in clause (iii), by striking ‘‘24.3 cents’’ repay the amount so claimed to such dealer whether the reduction in discretionary out- and inserting ‘‘5.0 cents’’. or has obtained the written consent of such lays is at least as great as the reduction in (2) CONFORMING AMENDMENTS.— dealer to the allowance of the credit or the revenues for each fiscal year through fiscal (A) Section 4081(a)(2)(D) of such Code is making of the refund. year 2018; and amended— (3) EXCEPTION FOR FUEL HELD IN RETAIL (D) submit to Congress a report setting (i) by striking ‘‘19.7 cents’’ and inserting STOCKS.—No credit or refund shall be allowed forth the estimates and determination. ‘‘4.1 cents’’, and under this subsection with respect to any (2) APPLICABLE ASSUMPTIONS AND GUIDE- (ii) by striking ‘‘24.3 cents’’ and inserting liquid in retail stocks held at the place LINES.— ‘‘5.0 cents’’. where intended to be sold at retail. (A) REVENUE ESTIMATES.—The revenue esti- (B) Section 6427(b)(2)(A) of such Code is (4) DEFINITIONS.—For purposes of this sub- mates required under paragraph (1)(A) shall amended by striking ‘‘7.4 cents’’ and insert- section, the terms ‘‘dealer’’ and ‘‘held by a be predicated on the same economic and ing ‘‘1.5 cents’’. dealer’’ have the respective meanings given technical assumptions and scorekeeping (b) ADDITIONAL CONFORMING AMEND- to such terms by section 6412 of such Code; guidelines that would be used for estimates MENTS.— except that the term ‘‘dealer’’ includes a pro- made pursuant to section 252(d) of the Bal- (1) Section 4041(a)(1)(C)(iii)(I) of the Inter- ducer. anced Budget and Emergency Deficit Control nal Revenue Code of 1986 is amended by (5) CERTAIN RULES TO APPLY.—Rules similar Act of 1985 (2 U.S.C. 902(d)). striking ‘‘7.3 cents per gallon (4.3 cents per to the rules of subsections (b) and (c) of sec- (B) OUTLAY ESTIMATES.—The outlay esti- gallon after March 31, 2012)’’ and inserting tion 6412 and sections 6206 and 6675 of such mates required under paragraph (1)(B) shall ‘‘1.4 cents per gallon (zero after September Code shall apply for purposes of this sub- be determined by comparing the level of dis- 30, 2020)’’. section. cretionary outlays resulting from this Act

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2479 with the corresponding level of discretionary mittee on the Judiciary be authorized Whereas the people of the United States outlays projected in the baseline under sec- to meet during the session on February must be able to read if the United States is tion 257 of the Balanced Budget and Emer- 29, 2012, at 2:30 p.m., in room SD–226 of to remain competitive in the global econ- gency Deficit Control Act of 1985 (2 U.S.C. the Dirksen Senate Office Building, to omy; 907). Whereas Congress has placed great empha- (d) CONFORMING ADJUSTMENT TO DISCRE- conduct a hearing entitled ‘‘Nomina- sis on reading intervention and on providing TIONARY SPENDING LIMITS.—On compliance tions.’’ additional resources for reading assistance, with the requirements specified in sub- The PRESIDING OFFICER. Without including through the programs authorized section (b), the Director shall adjust the ad- objection, it is so ordered. by the Elementary and Secondary Education justed discretionary spending limits for each COMMITTEE ON VETERANS’ AFFAIRS Act of 1965 (20 U.S.C. 6301 et seq.) and fiscal year through fiscal year 2013 under sec- Mrs. BOXER. Mr. President, I ask through annual appropriations for library tion 601(a)(2) of the Congressional Budget and literacy programs; and Act of 1974 (2 U.S.C. 665(a)(2)) by the esti- unanimous consent that the Com- Whereas more than 50 national organiza- mated reductions in discretionary outlays mittee on Veterans’ Affairs be author- tions concerned about reading and education under subsection (c)(1)(B). ized to meet during the session on Feb- have joined with the National Education As- (e) PAYGO INTERACTION.—On compliance ruary 29, 2012. The Committee will sociation to designate March 2, the anniver- with the requirements specified in sub- meet in room 418 of the Senate Russell sary of the birth of Theodor Geisel (also section (b), no changes in revenues estimated Office Building beginning at 10 a.m. known as Dr. Seuss), as a day to celebrate to result from the enactment of this Act The PRESIDING OFFICER. Without reading: Now, therefore, be it shall be counted for the purposes of section objection, it is so ordered. Resolved, That the Senate— 252(d) of the Balanced Budget and Emergency (1) designates March 2, 2012, as ‘‘Read Deficit Control Act of 1985 (2 U.S.C. 902(d)). f Across America Day’’; f PRIVILEGES OF THE FLOOR (2) honors Theodor Geisel, also known as Dr. Seuss, for his success in encouraging NOTICE OF INTENT TO SUSPEND Mr. REID. Mr. President, I ask con- children to discover the joy of reading; THE RULES sent that floor privileges be granted to (3) honors the 15th anniversary of ‘‘Read Mr. COBURN. Mr. President, I sub- Andy Remo and Jesse Haladay, two of Across America Day’’; mit the following notice in writing: In Senator CARDIN’s legislative staff (4) encourages parents to read with their accordance with Rule V of the Stand- members, during today’s session of the children for at least 30 minutes on ‘‘Read Across America Day’’ in honor of the com- ing Rules of the Senate, I hereby give Senate. The ACTING PRESIDENT pro tem- mitment of the Senate to building a country notice in writing that it is my inten- of readers; and tion to offer an amendment to the pore. Without objection, it is so or- (5) encourages the people of the United Standing Rules of the Senate, by pro- dered. States to observe ‘‘Read Across America posing Amendment No. 1737 to S. 1813. Mr. BAUCUS. Mr. President, I ask Day’’ with appropriate ceremonies and ac- f unanimous consent that the following tivities. staff of the Finance Committee be al- f AUTHORITY FOR COMMITTEES TO lowed on the Senate floor for the dura- RARE DISEASE DAY MEET tion of the debate on S. 1813: Johannes COMMITTEE ON FOREIGN RELATIONS Echeverri, Whitney Lott, Samson Mr. REID. Mr. President, I ask unan- Mrs. BOXER. Mr. President, I ask Chen, Edward Torres, Derrick Riggins, imous consent that the Senate proceed unanimous consent that the Com- Elizabeth Samson, Amanda Summers, to the consideration of S. Res. 383. mittee on Foreign Relations be author- and Danielle Dellerson. The PRESIDING OFFICER. Without ized to meet during the session of the The PRESIDING OFFICER. Without objection, it is so ordered. The clerk Senate on February 29, 2012, at 11 a.m., objection, it is so ordered. will report the resolution by title. The bill clerk read as follows: to hold a briefing entitled, ‘‘Update on f the Crisis in Syria.’’ A resolution (S. Res. 383) designating Feb- The PRESIDING OFFICER. Without READ ACROSS AMERICA DAY ruary 29, 2012, as ‘‘Rare Disease Day.’’ objection, it is so ordered. Mr. REID. Mr. President, I ask unan- There being no objection, the Senate COMMITTEE ON HEALTH, EDUCATION, LABOR, imous consent that the Senate proceed proceeded to consider the resolution. AND PENSIONS to the consideration of S. Res. 382. Mr. BROWN of Ohio. Mr. President, Mrs. BOXER. Mr. President, I ask The PRESIDING OFFICER. Without since 2009 the last day of February has unanimous consent that the Com- objection, it is so ordered. The clerk been observed as Rare Disease Day. mittee on Health, Education, Labor, will report the resolution by title. Each rare disease affects a small pa- and Pensions be authorized to meet, The bill clerk read as follows: tient population—less than 200,000 peo- during the session of the Senate, to A resolution (S. Res. 382) designating ple—but there are more than 7,000 rare conduct a hearing entitled ‘‘Dental Cri- March 2, 2012, as ‘‘Read Across America diseases that, combined, affect 30 mil- sis in America: The Need to Expand Ac- Day.’’ lion Americans. Sadly, children with cess’’ on February 29, 2012, at 10 a.m., There being no objection, the Senate rare genetic diseases account for more in room 430 of the Dirksen Senate Of- proceeded to consider the resolution. than half of the rare disease popu- fice Building. Mr. REID. Mr. President, I ask unan- lation. The PRESIDING OFFICER. Without imous consent that the resolution be Patients with rare diseases—such as objection, it is so ordered. agreed to, the preamble be agreed to, Duchenne muscular dystrophy, Tay- COMMITTEE ON THE JUDICIARY the motion to reconsider be laid upon Sachs, epidermolysis bullosa, sickle Mrs. BOXER. Mr. President, I ask the table, with no intervening action cell anemia, cystic fibrosis, and many unanimous consent that the Com- or debate, and that any statements re- childhood cancers—face unique chal- mittee on the Judiciary be authorized lating to the matter be printed in the lenges. Too many of these conditions to meet during the session of the Sen- RECORD. lack effective treatments and cures, ate, on February 29, 2012, at 10 a.m., in The PRESIDING OFFICER. Without and too often people with rare diseases room SD–226 of the Dirksen Senate Of- objection, it is so ordered. experience challenges in obtaining an fice Building, to conduct a hearing en- The resolution (S. Res. 382) was accurate diagnosis. In addition, there titled ‘‘The Due Process Guarantee agreed to. is often difficulty finding physicians or Act: Banning Indefinite Detention of The preamble was agreed to. treatment centers with the necessary Americans.’’ The resolution, with its preamble, expertise in rare diseases or disorders. The PRESIDING OFFICER. Without reads as follows: Great strides have been made in re- objection, it is so ordered. S. RES. 382 search and treatment as the result of COMMITTEE ON THE JUDICIARY Whereas reading is a basic requirement for the Orphan Drug Act, but more must Mrs. BOXER. Mr. President, I ask quality education and professional success, be done to prevent, identify, combat, unanimous consent that the Com- and is a source of pleasure throughout life; and treat rare diseases. By designating

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2480 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012 February 29, 2012, as Rare Disease Day, Resolved, That the Senate— unemployment has not been good, a lot I hope we create greater awareness of (1) designates February 29, 2012, as ‘‘Rare can go on. I have no alternative but to these conditions, encourage accurate Disease Day’’; file cloture to stop the filibuster. It is and early diagnosis of rare diseases and (2) recognizes the importance of improving one of these roving filibusters where all awareness and encouraging accurate and disorders, and help demonstrate and early diagnosis of rare diseases and dis- these phantom people will not let us support a national and global commit- orders; and move forward on this legislation. ment to improve treatment options for (3) supports the commitment of the United I am almost embarrassed to be say- individuals with rare diseases and dis- States and all countries to improving access ing this in front of the Presiding Offi- orders. to, and developing, new treatments, cer. I say that because at the beginning Mr. REID. Mr. President, I ask unan- diagnostics, and cures for rare diseases and of the year the Presiding Officer, along imous consent that the resolution be disorders. with the junior Senator from New Mex- agreed to, the preamble be agreed to, f ico, thought maybe we should change the motion to reconsider be laid upon TRANSPORTATION BILL how this place operates. A number of the table, with no intervening action us, in good conscience, believed the few or debate, and that any statements re- Mr. REID. Mr. President, before I changes we had made would be suffi- lating to the measure be printed in the start the closing script, I want it to be cient to establish a better working sit- RECORD. spread on the record that we have tried uation. It hasn’t been better. In fact, I The PRESIDING OFFICER. Without all day to come up with an agreement am sorry to say, it is worse. objection, it is so ordered. to move forward on this legislation, So we are going to—unless something The resolution (S. Res. 383) was and we have been unsuccessful. happens—have a vote tomorrow. Can agreed to. This is a piece of legislation that is you imagine, I created a vote because The preamble was agreed to. as bipartisan as is humanly possible. they would not allow us to have a vote? The resolution, with its preamble, We have one of the most progressive So I don’t see what choice I have. reads as follows: Members of the Senate, Senator S. RES. 383 BOXER, and one of the most conserv- f Whereas rare diseases and disorders are ative Members of the Senate, JIM those diseases and disorders that affect a INHOFE, who are cosponsoring this leg- ORDERS FOR THURSDAY, small patient population, which in the islation. It is a piece of legislation that MARCH 1, 2012 United States is typically a population of continues the highway program, the Mr. REID. Mr. President, I ask unan- fewer than 200,000 people; surface transportation program. It is imous consent that when the Senate Whereas, as of the date of approval of this so needed. resolution, nearly 7,000 rare diseases affect completes its business today, it ad- 30,000,000 people and their families in the Yesterday, I had the director of the journ until Thursday, March 1, at 9:30 United States; department of transportation in Ne- a.m.; that following the prayer and Whereas children with rare genetic dis- vada, Susan Martinavich, come in. I pledge, the Journal of proceedings be eases account for more than half of the popu- am confident that most Senators have approved to date, the morning hour be lation affected by rare diseases in the United had someone from their States here deemed expired, and the time for the States; and had a conference. It will bring con- two leaders be reserved for their use Whereas many rare diseases are life- struction in Nevada to a standstill on later in the day; that following any threatening and lack an effective treatment; our highways and bridges and some of Whereas rare diseases and disorders in- leader remarks, the Senate resume clude epidermolysis bullosa, progeria, sickle the mass transit programs if we don’t consideration of S. 1813, the surface cell anemia, Tay-Sachs disease, cystic fibro- move forward. But we can’t even get on transportation bill, with the time until sis, many childhood cancers, and the bill. 11 a.m. equally divided and controlled fibrodysplasia ossificans progressiva; I have agreed to do this unrelated between the two leaders or their des- Whereas people with a rare disease experi- amendment. My caucus agreed we will ignees; that at 11 a.m. the Senate pro- ence challenges that include difficulty in ob- do these. We don’t want to; they are ceed to vote in relation to the Blunt taining an accurate diagnosis, limited treat- not productive. They are message amendment No. 1520; and that all pro- ment options, and difficulty finding a physi- amendments, and they are not germane cian or treatment center with expertise in visions under the previous order re- the disease; or relevant. But we will do a limited main in effect. Whereas great strides have been made in number of these bad amendments. I am going to say this now—I will research and treatment for rare diseases as a There have been over 100 of them filed. ask consent in the morning, Mr. Presi- result of the Orphan Drug Act (21 U.S.C. I am at a loss for words as to what dent—I want to have the full hour and 360aa et seq.); the Republicans expect me to do— a half to have this matter debated. We Whereas both the Food and Drug Adminis- stand around for another week and will come in tomorrow at 9:30, so there tration and the National Institutes of Health look at each other? will be an hour and a half. I want to have established special offices to advocate We started moving to this bill on for rare disease research and treatments; make sure we have that full time. So I Whereas the National Organization for February 7. The amendment we are will ask unanimous consent that the Rare Disorders, an organization established going to vote on tomorrow, out of no- statements of Senator MCCONNELL and in 1983 to provide services to, and advocate where, on a transportation bill, is deal- myself not count against the hour and on behalf of, patients with rare diseases, was ing with contraception. We have agreed a half, but I will do that tomorrow. a primary force behind the enactment of the to have votes on it. They will not let us I now ask the Chair to approve my Orphan Drug Act and remains a critical pub- have votes. Yesterday, I had to bring earlier request. lic voice for people with rare diseases; up a Republican amendment they The PRESIDING OFFICER. Without Whereas the National Organization for didn’t even bother to file. They just Rare Disorders sponsors Rare Disease Day in objection, it is so ordered. the United States to increase public aware- wanted to talk about it and hold press f ness of rare diseases; conferences on the issue. Whereas Rare Disease Day has become a Unless something changes, I am global event that occurs annually on the last going to have to file cloture on this PROGRAM day of February; bill, and we are going to have to find Mr. REID. Mr. President, at 11 a.m. Whereas Rare Disease Day was observed in out if the Republicans really want de- tomorrow the Senate will proceed to the United States for the first time on Feb- struction all across the 50 States and vote in relation to the Blunt amend- ruary 28, 2009; and have another hit to our economy by ment No. 1520 on contraception and Whereas Rare Disease Day is expected to be observed globally in years to come, pro- not doing highway construction, espe- health care. Tomorrow we will con- viding hope and information for rare disease cially as the weather is getting better. tinue to work on a path forward on the patients around the world: Now, therefore, In the Presiding Officer’s State of Or- Transportation bill, as I have outlined be it egon, which is just like Nevada, where previously.

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 2481 ADJOURNMENT UNTIL 9:30 A.M. NICOLE D. WARIN, OF CALIFORNIA JOHN JACOB RUTHERFORD IV, OF CALIFORNIA BENJAMIN A. YATES, OF TEXAS GEORGE SALAZAR, OF FLORIDA TOMORROW ZAINAB ZAID, OF MARYLAND BRADLEY S. SAUNDERS, OF VIRGINIA MATTHEW J. ZAMARY, OF VIRGINIA JOZLYN J. SCHROEDER, OF VIRGINIA Mr. REID. Mr. President, if there is THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN PETER R. SCHROEDER, OF VIRGINIA no further business to come before the SERVICE TO BE CONSULAR OFFICERS OR CONSULAR OF- DIANNA SCHWEGMAN, OF OHIO FICERS AND SECRETARIES IN THE DIPLOMATIC SERVICE ALEXANDRA G. SHEMA, OF VIRGINIA Senate, I ask unanimous consent that OF THE UNITED STATES OF AMERICA: SHANE A. SIEGEL, OF NEW YORK JOHN ALLAN SIMMONS, OF MISSOURI it adjourn under the previous order. TOLULOPE O. ABATAN, OF VIRGINIA JOSHUA AARON BLANC SMITH, OF CALIFORNIA MICHAEL J. ABEL, OF VIRGINIA There being no objection, the Senate, MICHAEL R. SMITH, OF NORTH CAROLINA WILLIAM BRADFORD ADAMS IV, OF VIRGINIA SYDNEY S. SMITH, OF MICHIGAN at 6:56 p.m., adjourned until Thursday, CLARISSA ADAMSON, OF CALIFORNIA GREGORY S. STAFF, OF VIRGINIA INAKI ALANIS-CUE, OF THE DISTRICT OF COLUMBIA March 1, 2012, at 9:30 a.m. J. WARREN STEMBRIDGE, OF VIRGINIA AAMIR ALAVI, OF THE DISTRICT OF COLUMBIA JUSTIN M. STEVENS, OF VIRGINIA f PEDRO R. ALICEA, OF VIRGINIA JAMES THOMAS ALLMAN-GULINO, OF VIRGINIA NATALIA SUSAK, OF VIRGINIA NOMINATIONS ZOHRA ATMAR, OF VIRGINIA BENJAMIN ANDRI SWANSON, OF SOUTH DAKOTA MICHAEL PERRY BALL, OF VIRGINIA JOSEPH T. SWIECKI, OF VIRGINIA Executive nominations received by JOSEPH S. BARGHOUT, OF THE DISTRICT OF COLUMBIA JONATHAN E. TARTER, OF VIRGINIA ZACHARY ISAAC BARTER, OF COLORADO LAUREN A. TRINER, OF THE DISTRICT OF COLUMBIA the Senate: COLLEEN M. BARTLETT, OF MICHIGAN DUKE V. TRUONG, OF THE DISTRICT OF COLUMBIA JOHAN VAN DER RENST, OF VIRGINIA THE JUDICIARY STEPHEN C. BATES, OF VIRGINIA AMY E. BENEDETTO, OF VIRGINIA NHU VU, OF CALIFORNIA JOHN E. DOWDELL, OF OKLAHOMA, TO BE UNITED MEGAN B. BRADSHAW, OF VIRGINIA AMANDA G. WALLIS, OF VIRGINIA STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT NANCY J. BRANT, OF RHODE ISLAND ADAM J. WEISE, OF WISCONSIN OF OKLAHOMA, VICE TERRY C. KERN, RETIRED. AARON S. BROWN, OF THE DISTRICT OF COLUMBIA ASHLEY M. WHITE, OF OHIO BRIAN J. DAVIS, OF FLORIDA, TO BE UNITED STATES JASON F. BROWN, OF THE DISTRICT OF COLUMBIA LILLA A. WHITE, OF VIRGINIA DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF FLOR- CYNTHIA ROCHELLE CAPLAN, OF CALIFORNIA LINDSEY K. WHITEHEAD, OF FLORIDA IDA, VICE RICHARD A. LAZZARA, RETIRED. AMELIA CASTLEBERRY, OF ALABAMA WILLIAM WHITWORTH, OF VIRGINIA MICHAEL CHOI, OF VIRGINIA LINDA K. WILDE, OF MARYLAND FOREIGN SERVICE KAREN CHU, OF VIRGINIA GARY T. WILLIAMS, OF VIRGINIA ALYSSA L. CLAPP, OF FLORIDA DANIEL S. WONG, OF MARYLAND THE FOLLOWING-NAMED PERSONS OF THE DEPART- BRIDGET M. COONEY, OF VIRGINIA SUSANNAH T. WOOD, OF NORTH CAROLINA MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- CHERYL L. COWAN, OF ARKANSAS LAUREN WOODS, OF VIRGINIA ICE OFFICERS OF THE CLASSES STATED. MARY E. COWAN, OF VIRGINIA COURTNEY ERIN WRIGHT, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF BENJAMIN CROMBE, OF VIRGINIA TERRY W. WYRICK, OF VIRGINIA CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN VANESSA R. DE BRUYN, OF WASHINGTON J.B. YOUNG—ANGLIM, OF THE DISTRICT OF COLUMBIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF DUSTIN DOCKIEWICZ, OF CALIFORNIA MATTHEW H. ZIEMS, OF ILLINOIS AMERICA, AMANDA DORGAN, OF VIRGINIA YETTA JOY ZIOLKOWSKI, OF THE DISTRICT OF COLUMBIA KATHRYN E. ABATE, OF NEW JERSEY DAVID R. DUNN, OF VIRGINIA CONSULAR OFFICER OF THE UNITED STATES OF AMER- JANICE ANDERSON, OF CALIFORNIA ALEXANDER JAMES DUNOYE, OF THE DISTRICT OF CO- ICA: JOSEPH GEORGE BERGEN, OF VIRGINIA LUMBIA DARREN PAUL BOLOGNA, OF FLORIDA JOSEPH R. DURAN, OF OKLAHOMA LINDA SWARTZ TAGLIALATELA, OF VIRGINIA PETER BROADBENT, OF TEXAS HANNAH EAGLETON, OF MINNESOTA THE FOLLOWING-NAMED CAREER MEMBER OF THE JACOB KYUNG-HWOON CHOI, OF UTAH DEKE K. EGGER, OF VIRGINIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR SUNG W. CHOI, OF THE DISTRICT OF COLUMBIA ERIK VOLKER ERNST EISELE, OF MARYLAND PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE DONALD R. COLEMAN, OF CALIFORNIA GAVIN TOLLEFSEN ELLIOTT, OF CALIFORNIA CLASS INDICATED, EFFECTIVE JANUARY 1, 2012: LAURA SUSAN CONAWAY, OF FLORIDA JASON A. FABBRICANTE, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE CYNTHIA LAUREN COOK, OF THE DISTRICT OF COLUMBIA RAYNA K. FARNSWORTH, OF ARIZONA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- MARJORIE M. CORLETT, OF FLORIDA BILAL FARUQI, OF NEW YORK SELOR: TANYA FRAIKIN, OF MARYLAND ETHAN K. CURBOW, OF GEORGIA COLIN CLEARY, OF NEW YORK HANNA Y. FREIJ, OF VIRGINIA BRIDGET M. DAVIS, OF NEW YORK MARIE CHRISTINE DAMOUR, OF NEW HAMPSHIRE JOHN W. GAYLES, OF VIRGINIA DUSTIN FRANCIS DEGRANDE, OF WISCONSIN JOHN PAUL DESROCHER, OF THE DISTRICT OF COLUMBIA MEGAN F. GIBSON, OF VIRGINIA DAMON DUBORD, OF THE DISTRICT OF COLUMBIA MELISSA GARTH FORD, OF INDIANA CALEB JAMES GODDARD, OF CALIFORNIA LUKE THOMAS DURKIN, OF ILLINOIS DAVID A. HODGE, OF TEXAS TERESA FERGERSON, OF FLORIDA STEPHANIE P. GORMAN, OF VIRGINIA CHRISTOPHER W. GREGG, OF VIRGINIA RICHARD HOLTZAPPLE, OF CALIFORNIA RONALD A. FERRY, OF KENTUCKY JAMES L. HUSKEY, OF MARYLAND KELLY ELIZABETH FOLLIARD, OF FLORIDA THOMAS E. GRIFFITH, JR., OF VIRGINIA ADAM B. HALL, OF VIRGINIA PAMELA J. MANSFIELD, OF CALIFORNIA JEREMY J. FOWLER, OF MASSACHUSETTS SHERRIE L. MARAFINO, OF VIRGINIA KIMBERLY R. FURNISH, OF FLORIDA WILLIAM C. HARFORD, OF VIRGINIA ERIN G. HATHAWAY, OF VIRGINIA FRANCISCO LUIS PALMIERI, OF CONNECTICUT CHRISTINE I. GETZLER VAUGHAN, OF ARIZONA LYNNE G. PLATT, OF FLORIDA CARISSA EILEEN GONZALEZ, OF TEXAS THOMAS L. HAYES, OF TENNESSEE AMY HEBERT, OF COLORADO LYNNE M. TRACY, OF OHIO JOHN CHARLES HEINBECK, OF MICHIGAN JONITA I. WHITAKER, OF CALIFORNIA ANDREA SMITH HILLYER, OF FLORIDA KENISE DANIELLE HILL, OF MICHIGAN WINIFRED L. HOFSTETTER, OF COLORADO ANDREW WILLIAM HUDSON, OF FLORIDA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, CHARLES PHILLIP HORNBOSTEL, OF VIRGINIA MATTHEW R. HUNT, OF VIRGINIA CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND GREGORY G. INDRISANO, OF VIRGINIA SANDRA MARIE JACOBS, OF FLORIDA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE JULIE GIBSON JAMIESON, OF VIRGINIA JAMAL JOSEPH JAFARI, OF THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA: KIMBERLEY A. JAMOUNEAU, OF VIRGINIA LOUISE A. JOHNSON, OF NEW HAMPSHIRE JAMES E. BARCLAY, OF TEXAS MARK J. JAMOUNEAU, OF VIRGINIA JERRY KALARICKAL, OF TEXAS MARIAN J. COTTER, OF TEXAS JAHAAN K. JOHNSON, OF THE DISTRICT OF COLUMBIA ELIZABETH ANN KEENE, OF TEXAS NAJIB MAHMOOD, OF VIRGINIA PETER EDMOND JOHNSON, OF NEW YORK SYLBETH A. KENNEDY, OF CALIFORNIA TIMOTHY J. RILEY, OF GEORGIA KELLY G. JONES, OF VIRGINIA BROOKE G. KIDD, OF VIRGINIA BARRY H. JUNKER, OF CONNECTICUT THE FOLLOWING-NAMED PERSONS OF THE DEPART- MARGARET GRACE MACLEOD, OF NEW YORK VAUGHN K. KASTEN, OF VIRGINIA MENT OF AGRICULTURE FOR APPOINTMENT AS FOREIGN KRISTINE ANN MARSH, OF NEW YORK MAUREEN M. KENG, OF THE DISTRICT OF COLUMBIA SERVICE OFFICERS OF THE CLASSES STATED. VALERIE J. MARTIN, OF CONNECTICUT CHRIS S. KENNER, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF BEVERLY E. MATHER-MARCUS, OF CALIFORNIA MICHAEL T. KENNEY, OF VIRGINIA CLASS THREE, CONSULAR OFFICER AND SECRETARY IN THERESA JEAN MATTHEWS, OF VIRGINIA PHILIP D. KERNS, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ANDREA LAUREN MCFEELY, OF KANSAS KENNETH KOSAKOWSKI, OF THE DISTRICT OF COLUMBIA AMERICA: MARK IAN MISHKIN, OF CALIFORNIA MATTHEW T. KOSTELNIK, OF VIRGINIA LISA ANN MOOTY, OF GEORGIA MORGAN D. HAAS, OF MINNESOTA THOMAS KURTZ, OF FLORIDA STEPHEN L. WIXOM, OF IDAHO YOMARIS C. NUNEZ, OF NEW YORK MATTHEW H. KUSTEL, OF CALIFORNIA JAMES PATRICK O’BRIEN, OF VIRGINIA SUN KWON, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE DEPART- ABRAM WIL PALEY, OF CONNECTICUT MARIA FUMIKO LAGHEZZA, OF VIRGINIA MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- PAUL A. PAVWOSKI, OF THE DISTRICT OF COLUMBIA FABIENNE A. LAUGHLIN, OF VIRGINIA ICE OFFICERS OF THE CLASSES STATED. BENJAMIN JOSEPH PERACCHIO, OF NORTH CAROLINA DOUGLAS A. LAUX, OF FLORIDA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN BRANDON POSSIN, OF FLORIDA JEREMY PAUL LITTLE, OF VIRGINIA SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES DELIA DAY QUICK, OF TEXAS MEREDITH L. LYNCH, OF VIRGINIA IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMY J. REARDON, OF WASHINGTON BRIAN A. MADDERN, OF VIRGINIA AMERICA: ALISSA MEREDITH REDMOND, OF THE DISTRICT OF CO- LISA N. MADDOX, OF VIRGINIA JEFFREY B. JUSTICE, OF NORTH CAROLINA LUMBIA ELIZABETH A. MANAGAN, OF MARYLAND DONALD TOWNSEND, OF FLORIDA RICHARD N. REILLY, OF FLORIDA MARY RODEGHIER MARTIN, OF ILLINOIS THE FOLLOWING-NAMED CAREER MEMBER OF THE MARISSA K.E. ROLLENS, OF VIRGINIA MICHELLE LYNN-PAULIN MARTINEZ, OF VIRGINIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR ROBERT A. ROMANOWSKI, OF GEORGIA AMELIA S. MATHIAS, OF VIRGINIA RYAN R. RUTA, OF TEXAS JULIA MARIE MCCLENON, OF VIRGINIA PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE BENJAMIN SAND, OF NEW YORK ROBERT M. MCDONALD, OF CALIFORNIA CLASS INDICATED: MARIA W. SAND, OF NEW YORK TODD MICHAEL MCGEE, OF FLORIDA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE JAMES-MICHAEL SAXTON-RUIZ, OF VIRGINIA ROSS A. MCKIM, OF MARYLAND OF THE UNITED STATES OF AMERICA, CLASS OF COUN- SETH E. SCHLEICHER, OF VIRGINIA ARIADNE C. MEDLER, OF HAWAII SELOR: JACOB TAYLOR SCHULTZ, OF FLORIDA REAZ MEHDI, OF VIRGINIA ENRIQUE G. ORTIZ, OF FLORIDA FRANK ERICK SELLIN, OF VIRGINIA MATTHEW S. MELANSON, OF VIRGINIA AMI U. SHAH, OF NEW JERSEY ELIZABETH POTTER MEYER, OF VIRGINIA NATIONAL OCEANIC AND ATMOSPHERIC ROSEMARIE SKELLY MENDOZA, OF VIRGINIA THERESA A. MEYER, OF TEXAS ADMINISTRATION SARA VELDHUIZEN STEALY, OF IOWA JON E. ORTIZ, OF VIRGINIA INEKE MARGARET STONEHAM, OF THE DISTRICT OF CO- VINCE D. PEACOCK, OF VIRGINIA SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE LUMBIA DANIELLE PERRY, OF VIRGINIA FOLLOWING FOR TEMPORARY APPOINTMENT TO THE NIKHIL P. SUDAME, OF CONNECTICUT GREGORY PORTER, OF PENNSYLVANIA GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- DINA LUCIA TAMBURRINO, OF FLORIDA ALISON C. RAFTER, OF VIRGINIA MOSPHERIC ADMINISTRATION. COLLEEN M. TRAUGHBER, OF MINNESOTA MICHAEL ANDREW REED, OF VIRGINIA NEAL W. TURNER, OF MAINE PERLA J. ROFFE, OF VIRGINIA To be rear admiral (lower half) MARY EUGENIA VARGAS, OF CALIFORNIA GEORGE B. ROTHENBUESCHER, OF THE DISTRICT OF CO- MARLAN C. WALKER, OF UTAH LUMBIA DAVID A. SCORE

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00061 Fmt 0686 Sfmt 9801 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2482 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 2 February 29, 2012

IN THE AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be lieutenant colonel RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED PATRICIA A. LOVELESS STATES OFFICERS FOR APPOINTMENT IN THE RESERVE To be lieutenant general MATTHEW R. PLYMYER OF THE AIR FORCE TO THE GRADE INDICATED UNDER LT. GEN. ROBERT P. LENNOX TITLE 10, U.S.C., SECTIONS 12203 AND 12212: To be major IN THE NAVY To be brigadier general JEROME M. BENAVIDES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- COLONEL STEVEN M. BALSER IN THE UNITED STATES NAVY TO THE GRADE INDICATED MENT TO THE GRADE INDICATED IN THE REGULAR ARMY COLONEL MARK H. BERRY UNDER TITLE 10, U.S.C., SECTION 624: MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- COLONEL ROBERT C. BOLTON TIONS 531 AND 3064: COLONEL WALTER A. BRYAN, JR. To be rear admiral COLONEL GREGORY S. CHAMPAGNE REAR ADM. (LH) TERRY B. KRAFT To be major COLONEL SEAN T. COLLINS ROBERT S. TAYLOR COLONEL JOHN L. D’ERRICO IN THE AIR FORCE COLONEL DAWNE L. DESKINS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- COLONEL SCOTT A. DOLD IN THE GRADE INDICATED IN THE REGULAR ARMY MENT TO THE GRADES INDICATED IN THE REGULAR AIR COLONEL GARY L. EBBEN UNDER TITLE 10, U.S.C., SECTION 531: FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): COLONEL KENNETH L. GAMMON COLONEL BRUCE R. GUERDAN To be colonel To be major COLONEL LEONARD W. ISABELLE, JR. CASEY D. SHUFF COLONEL CLIFFORD W. LATTA, JR. MATTHEW R. GEE COLONEL PAUL C. MAAS, JR. To be lieutenant colonel IN THE NAVY COLONEL EDWARD P. MAXWELL COLONEL DAVID M. MCMINN VICTOR G. SOTO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL THOMAS C. PATTON TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE ARMY COLONEL BRADEN K. SAKAI UNDER TITLE 10, U.S.C., SECTION 624: COLONEL JANET I. SESSUMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be commander COLONEL PETER J. SIANA TO THE GRADE INDICATED IN THE UNITED STATES ARMY COLONEL JEFFREY M. SILVER UNDER TITLE 10, U.S.C., SECTION 624: GUILLERMO A. NAVARRO COLONEL JAMES K. VOGEL To be colonel THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- COLONEL SALLIE K. WORCESTER MENT TO THE GRADE INDICATED IN THE REGULAR NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT H. MCCARTHY III UNDER TITLE 10, U.S.C., SECTION 531: TO THE GRADE OF LIEUTENANT GENERAL IN THE THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- UNITED STATES AIR FORCE WHILE ASSIGNED TO A POSI- To be lieutenant commander MENT TO THE GRADE INDICATED IN THE REGULAR ARMY TION OF IMPORTANCE AND RESPONSIBILITY UNDER DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 JAY R. FRIEDMAN TITLE 10, U.S.C., SECTION 601: AND 3064: SONY C. MARKOSE DONNA RAJA To be lieutenant general To be major THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- LT. GEN. CLYDE D. MOORE II SHANE T. TAYLOR MENT TO THE GRADE INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION 531: IN THE ARMY THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- MENT TO THE GRADES INDICATED IN THE REGULAR To be lieutenant commander THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS IN THE UNITED STATES ARMY TO THE GRADE INDICATED 531 AND 3064: STEVEN J. PORTER

VerDate Sep 11 2014 11:26 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00062 Fmt 0686 Sfmt 9801 E:\BR12\S29FE2.002 S29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2483 HOUSE OF REPRESENTATIVES—Wednesday, February 29, 2012

The House met at 10 a.m. and was decision that I wanted to continue to lots of people. Of course the volunteers, called to order by the Speaker pro tem- serve through this term. I wanted to do family and friends, supporters, and the pore (Mr. WOODALL). so in hopes that we would win the ma- people who have offered prayers for our f jority, with a goal of pursuing the four- country on a regular basis. I also want point platform that I had always run to, most important, express my appre- DESIGNATION OF SPEAKER PRO on, that being the pursuit of a free ciation, Mr. Speaker, to the people of TEMPORE economy, limited government, a strong California who, back in 1978, when I The SPEAKER pro tempore laid be- national defense, and personal freedom. was 25 years old living in a dormitory fore the House the following commu- Mr. Speaker, I wanted to work with at my alma mater, Claremont McKen- nication from the Speaker: not just my Republican colleagues, but na College, they gave me the nomina- WASHINGTON, DC, my Democratic colleagues as well, tion for my party, and it’s been a very, February 29, 2012. working in a bipartisan way to accom- very exciting time. I hereby appoint the Honorable ROB plish a number of things. I also want to say, Mr. Speaker, that WOODALL to act as Speaker pro tempore on First, it was absolutely essential I express my appreciation to the very, this day. that we do everything to end the very dedicated public servants in my JOHN A. BOEHNER, course that we had been on that ulti- office in California and my offices here Speaker of the House of Representatives. mately brought us an 82 percent in- in Washington for their commitment f crease in nondefense discretionary to do the best job possible to help me spending. I’m happy to say that we’ve represent the people of California. MORNING-HOUR DEBATE turned the corner on that. f The SPEAKER pro tempore. Pursu- Second, after years of languishing, ant to the order of the House of Janu- we were finally able to pass three trade WELCOMING PUBLIC BROAD- ary 17, 2012, the Chair will now recog- agreements that will create good jobs CASTING COMMUNITY TO CAP- nize Members from lists submitted by for union and nonunion workers in this ITOL HILL THIS WEEK the majority and minority leaders for country by virtue of having passed the The SPEAKER pro tempore. The morning-hour debate. Panama, Colombia, and South Korea Chair recognizes the gentleman from The Chair will alternate recognition free trade agreements. Oregon (Mr. BLUMENAUER) for 5 min- between the parties, with each party I also believe that it’s very impor- utes. limited to 1 hour and each Member tant for us to recognize, as we look at Mr. BLUMENAUER. Mr. Speaker, other than the majority and minority our national security, the notion of yesterday, Senator OLYMPIA SNOWE an- leaders and the minority whip limited people all over the world who are seek- nounced that she wouldn’t run for re- to 5 minutes each, but in no event shall ing to determine their own futures has election—not that she couldn’t win, debate continue beyond 11:50 a.m. created a wonderful opportunity for us. but that she didn’t want to, not in this f The House Democracy Partnership, an- environment. This storied representa- other strong bipartisan organization, tive will be a loss to the institution THE END OF AN ERA IN has just now partnered with its 17th here. But it doesn’t have to be that CONGRESS country in central Asia to help the leg- way, Mr. Speaker. The SPEAKER pro tempore. The islative body strengthen and have the This week on Capitol Hill we have Chair recognizes the gentleman from kind of independence and oversight of friends who have joined us from the California (Mr. DREIER) for 5 minutes. their executive branch that we have a public broadcasting community, rep- Mr. DREIER. Mr. Speaker, what I’m tendency to take for granted here. resenting public television stations about to announce will not come as Fourth, Mr. Speaker, I feel very across the country. Today, the Wom- much of a surprise. But we all know strongly—again, working in a bipar- en’s Garden Club of America are here that this institution has an abysmally tisan way—that it was essential to en- in force. low approval rating, and the American sure that both Democrats and Repub- Now, these are people that have an people are asking for change in Con- licans have the opportunity to have approach that can help us unwind the gress. And so I’m announcing today their ideas heard through their amend- problems that we have here in Con- that I will leave the Congress at the ments on the floor of the House of Rep- gress. Public broadcasting is America’s end of this year. resentatives. voice, and for most of America it’s the Now, I take the unusual step of an- Now, I do believe, again, Mr. Speak- only locally owned and managed source nouncing it from here in the well of the er, that this is the greatest delibera- of news and local interest. It’s commer- House because I am a proud institu- tive body known to man. We’ve got a cial free. It is focused on our kids, our tionalist. I believe that this institution great deal of work that lies ahead culture, our environment. is as great as it has ever been. Mr. throughout this year. But I’m looking Last year, amidst the Tea Party ef- Speaker, I announce it from here be- forward to following the Madisonian di- fort to defund public broadcasting, we cause, between the Rules Committee rective—that Members of Congress, had a poll that showed 78 percent of upstairs where you serve with me, Mr. after serving here, should go out and Americans wanted the funding to re- Speaker pro tem, and the House floor, live with the laws that have passed. I main the same or be increased. Two- this is where the people of California will say that, as passionate as we’ve thirds of Republicans wanted it to be sent me to represent them. been pursuing a pro-growth jobs-cre- held steady or increased. Now, from Now, as we look at the challenges ating agenda, I look forward to doing this year’s budget it hopefully appears that lie ahead, they are very, very that myself as I move into the private that we’ve dodged that bullet—maybe great. I deliberated over this decision, sector next year. some people have come to their senses. and I have to say that 3 years ago I Mr. Speaker, I will say that I want to Americans were heard from coast to contemplated leaving at the end of express my appreciation. I want to ex- coast: Don’t play games with public that Congress, but ultimately made a press my appreciation, Mr. Speaker, to broadcasting.

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.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2484 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 We’ve got a few minor holes in the extra, appearing in several motion pic- HONORING STANLEY ELLSWORTH President’s budget, but I hope we can tures, including the 1935 film, ‘‘Becky PETERSON come together in a bipartisan way, lis- Sharp.’’ The SPEAKER pro tempore. The ten to Americans, listen to these rep- Mrs. Nixon taught at Whittier High Chair recognizes the gentleman from resentatives, and do it right. School in the late 1930s, where she met Iowa (Mr. BOSWELL) for 5 minutes. With the Women’s Garden Club of her husband, who had returned to his Mr. BOSWELL. Mr. Speaker, today I America, we have a group—primarily hometown to practice law after grad- stand before the 112th Congress to rec- women—who are focused not just on a uating from Duke Law School. Patricia ognize and honor Mr. Stanley E. Peter- garden club, but a fight for civic im- Ryan and Richard Nixon were married son for his 40 years of service to the provement through the connection to in 1940 and, as was true of so many cou- United States as an officer in the nature and to one another. Their work ples their age, she worked here at home United States Navy, and as a super- in policy is broad and deep. Their posi- while her husband served in the mili- visor in the Federal Bureau of Inves- tion papers on supporting clean air, tary in World War II as a naval officer tigation, and as the chief of police in clean water, climate change, public in the Pacific. Youngstown, Ohio. lands take issues that around here get Mrs. Nixon campaigned with her hus- My intention is to enter into the lost in a partisan theological fog and band as he was elected to the House of CONGRESSIONAL RECORD the true his- make clear why they’re important, Representatives in 1946 and 1948 and to tory of this great American patriot and how to represent American interests, the United States Senate in 1950. dismiss the lies and innuendoes told by and not the narrow theological, the There’s a charming photograph of the an expelled former Member, dismissed partisan that get us bogged down. Nixons with their infant daughter, by the 107th Congress for his convic- Tricia, taken at the Tidal Basin with b 1010 tion in Federal court of taking bribes the cherry blossoms in bloom in the and kickbacks. Mr. Speaker, I hope that Members spring of 1947. Julie, their younger Stanley E. Peterson was the young- will listen to groups like our public daughter, was born the following year. est recruit to the Federal Bureau of In- broadcasting supporters and the Gar- With her husband’s election as Vice vestigation under Director J. Edgar den Club about simple, commonsense President on Dwight Eisenhower’s Hoover in 1947. Like his fellow special ticket in 1952, Mrs. Nixon became the approaches to support fundamental agents, he lived his life according to Second Lady of the land. The Nixons American values and get off the par- the motto of the FBI: ‘‘Fidelity, Brav- traveled extensively, including for tisan merry-go-round. We should listen ery and Integrity,’’ and its core values: more than 2 months in Asia and the to them. We should work with them. rigorous obedience to the Constitution Pacific in 1953, and to South America America will be a better place, and so of the United States; respect for the in 1958, where the couple demonstrated will Congress. dignity of those protected; compassion; tremendous courage in Caracas while f fairness; uncompromising personal in- being attacked by a Communist mob, tegrity and institutional integrity; ac- HONORING FIRST LADY PATRICIA and to the Soviet Union in 1959. NIXON Mrs. Nixon campaigned gallantly in countability by accepting responsi- 1960, returning to private life in Cali- bility for his actions and decisions, as The SPEAKER pro tempore. The well as consequences for his actions Chair recognizes the gentleman from fornia and then New York and proudly held the Nixon family Bible when Rich- and decisions; leadership, both personal New Jersey (Mr. LANCE) for 5 minutes. ard Nixon was inaugurated the 37th and professional. Mr. LANCE. I rise today to celebrate Stan Peterson—he was often called the centennial of the birth of First President in 1969. During the Presidential years, the Stan—was an intelligent, disciplined, Lady Patricia Nixon. The Nixon library First Lady was truly our Ambassador legendary investigator renowned for in southern California will present a of Goodwill, visiting South Vietnam, his likability and tenacity in his work. major exhibit about Mrs. Nixon’s life an active combat zone, in 1969; an When organized crime and its surro- opening March 16, and the National Ar- earthquake-ravaged Peru in 1970; and gates attacked him, he did not com- chives here in Washington will host a China, in the groundbreaking trip of promise; instead, he protected ongoing forum on Mrs. Nixon’s work in the 1972. Mrs. Nixon was responsible for the investigations, remaining loyal to the international arena in April. gift from the Chinese of the two giant core values of the FBI up to the day he Thelma Catherine Ryan was born on pandas to the American people. She died, December 31, 2001, in Des Moines, the eve of St. Patrick’s Day on March traveled to more than 80 countries and Iowa. 16, 1912, in Ely, Nevada, a mining town. five continents during her life. Stanley Ellsworth Peterson was born Her father, William Ryan, called her As First Lady, Mrs. Nixon encour- July 24, 1923, to Eben Caleb and Lutie his St. Patrick’s babe in the morn, so aged volunteer service, the spirit of Strandquist Peterson in Glencoe, Min- she was called Pat within hours of her people helping people. She added 600 nesota. His grandparents and their birth. The Ryans moved to southern paintings and antiques to the White cousins emigrated from Sweden before California for a better life and settled House collection, illuminated the the turn of the century, looking for op- on a small truck farm in Artesia near White House at night, and opened the portunities in the United States. Like Los Angeles. Orphaned early, her White House gardens to the public. so many others, the Peterson family mother, Kate Halberstadt Bender Mrs. Nixon’s service to the Nation struggled during the Great Depression Ryan, died in 1924, and her father in extended over many years. Only Dolly in southern Minnesota. His father, an 1929, the year she was graduated from Madison, Eleanor Roosevelt, and Hil- honored combat veteran of World War high school. lary Clinton, among our First Ladies, I, farmed and drove a delivery truck to A young person of tremendous cour- have served the country as long as Pa- keep his family from receiving welfare. age and determination, Mrs. Nixon had tricia Nixon. His mother taught him humility, hon- her heart set on higher education and Laid to rest in 1993 on the grounds of esty, faithfulness, and to always do his worked continually to secure the nec- the Nixon library at Yorba Linda, Cali- best, work hard, never quit, and to be essary funds. She drove an elderly cou- fornia, Mrs. Nixon’s grave marker charitable. ple to the east coast and worked as an reads: ‘‘Even when people can’t speak Stan was brilliant in his studies, X-ray technician in New York. Return- your language, they can tell if you graduated from Glencoe High School at ing west, she was graduated cum laude have love in your heart.’’ Patricia the age of 16, and adventurous, working from the University of Southern Cali- Ryan Nixon had love in her heart and for a traveling circus as a bookkeeper fornia in 1937. now, at her 100th birthday, we remem- during the summer months. He at- While attending USC, she held part- ber her for her devotion to family, her tended and received his diploma from time jobs on campus and was a depart- grace and perseverance, and her patri- Gustavus Adolphus College, St. Peter, ment store sales clerk and a Hollywood otism to the United States of America. Minnesota. But after the attack on

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2485 Pearl Harbor, December 7, 1941, he en- At his funeral, he was remembered correct the hazard. Talk about double listed in the U.S. Navy and was sent to for his living example as a man who jeopardy. Columbia University for midshipman prioritized his life by his dedication Finally, another problem is whether training, earning the rank of Ensign. and relationship with God, his wife and employers will be required to find and He served in the U.S. Navy during family. He is remembered today for his fix ergonomics hazards. The Clinton World War II in the Pacific aboard LST integrity and service to our Nation. administration issued an ergonomic 711. By the end of the war, he was the In closing, I am pleased to note that regulation in 2000 that was shot down, youngest Ensign to captain LST 911. Stan’s son, Dr. Gregory Peterson, and thankfully, by Congress. After World War II, Stan Peterson his beautiful wife, Ramona, are in the OSHA will soon hold a small business was selected to join the FBI, and he gallery. I am happy that Dr. Peterson panel to ask job creators across the married Kathryn Rose Thomas. His is present as we honor and enter into country their opinion and insight on first assignment as a special agent was the RECORD the memory and history of I2P2. I hope the Obama administration, Richland, Washington, the home of the this great American patriot, Stanley E. against its pattern, listens to the con- ‘‘Manhattan Project’’ facility. In 1947, Peterson. cerns of these business owners instead Richland was a federally controlled f of imposing a costly regulation that we atomic energy, top-secret community have proof will not improve worker MORE REGULATION with restricted access. Remarkably, safety. Imposing a new and costly safe- even their mail was postmarked ‘‘Se- The SPEAKER pro tempore. The ty and health program standard will attle’’ to avoid identification. Chair recognizes the gentleman from only serve to increase OSHA enforce- b 1020 Michigan (Mr. WALBERG) for 5 minutes. ment with no visible improvement to Mr. WALBERG. With Michigan’s un- After 1 year, he was transferred to worker safety and safe health. employment rate consistently higher Chicago, then Cleveland, and eventu- As Ronald Reagan once said: than the national average, I remain ally Youngstown, Ohio, the bedlam of It is not my intention to do away with gov- committed to thoroughly reviewing the organized crime and famous for gang- ernment. It is, rather, to make it work for implications of burdensome regula- us, not over us; to stand by our side, not ride land slayings, illegal gambling, and tions that have the potential to over- on our back. corruption throughout the city govern- whelm my State’s and country’s job ment and the judicial system. It’s my hope we remain committed to In 1961, the United States Attorney creators. this principle and ensure that regula- General, Robert Kennedy, directed J. A current effort by the Department tions ensure both productivity and job Edgar Hoover and the Department of of Labor is a new standard being con- creation and true health and safety of Justice to take action, initiating the sidered by the Occupational Safety and our workforce. war on organized crime. Stan Peterson Health Administration called the In- f jury and Illness Prevention Program, became the agent in charge of the ex- LATINOS IN AMERICA panding regional FBI office with direct or I2P2. The standard will require all communication with the Director and employers to implement safety and The SPEAKER pro tempore. The the Attorney General. During his as- health programs to ‘‘find and fix’’ all Chair recognizes the gentleman from signment, he received several letters of hazards in their workplace, even those Illinois (Mr. GUTIERREZ) for 5 minutes. commendation for his crime-fighting not otherwise regulated. Mr. GUTIERREZ. As my colleagues achievements. This regulation could potentially im- know, Latinos are America’s fastest After an unprecedented 20 years at pact every employer covered by OSHA growing population. So if you are a the same assignment, he was trans- unless OSHA exempts small employers Presidential candidate and you want to ferred to Memphis, Tennessee, a few or those with less hazardous work- make sure that every single Latino in years before his retirement from the places. Many employers who volun- America knows you strongly oppose FBI in 1975. A few years later, Youngs- tarily issued safety and health pro- sensible and fair immigration reform, town Mayor Phillip Richley asked grams have improved their workplaces’ you have to work pretty hard at it. It Stanley E. Peterson to become chief of safety culture, but there are serious takes a lot of time and determination. police. This was the first time in the problems about this standard that After all, the Latino population in- city’s history that a chief would be ap- OSHA has not addressed. creased more than 40 percent between pointed from outside of the depart- The moment this regulation gets 2000 and 2010. A lot more Latinos, a lot ment. As a matter of fact, the suc- issued, safety and health programs will more Latino citizens, and a lot more ceeding mayor, based upon Peterson’s go from being a good idea to a legal re- Latino voters. record, asked him to remain as chief, quirement, which means employers A lot of us live in swing States. We charging him to stamp out corruption will have to meet OSHA’s standards are about 30 percent of the population both on city streets and within city rather than what works best for them in Arizona, about 25 percent in Colo- hall. and their employees and what is indi- rado, Florida, and Nevada. Indiana Stan Peterson withstood police cated as best in best practices. alone has 350,000 Latinos. Not so many, strikes, vigilantism, and personal at- OSHA will have the authority to you say; but when you remember that tacks from all sides as the former G- come in and second-guess an employer President Obama only won Indiana by man fought crime. As a result of Peter- about how well they have implemented 26,000 votes in 2008, his Latino support son’s actions, the county sheriff signed their program. Not surprisingly then, was the margin of victory. a confession for taking bribes, and city job creators see the I2P2 regulation as The truth is we’re growing every- workers, judges, and politicians were just another OSHA enforcement tool where. One-quarter of all of the chil- convicted of Federal crimes. In the rather than something that will help dren in America are Latino; 500,000 midst of these events, the local news- them enhance their safety practices. Latinos turn 18, and they all become paper did not recognize the achieve- But they’re not the only ones. eligible to vote every year. More than ments nor investigate but, rather, A recent RAND study found that 50 million Latinos live in America. chose to parrot cacophony from orga- California’s I2P2 regulation, which has Most of them, 9 out of 10, are citizens nized crime figures and their surro- been in place since 1991, has not pre- of the United States. gates. vented workplace fatalities and barely Fifty million is a lot of people to After 8 years, Stanley E. Peterson re- made a dent in total injury prevention. keep track of, especially if you want to tired as chief of police and eventually Many job creators are worried that offend each and every one of them, but was asked to join an investigation with OSHA will double dip on citations, that is apparently what Mitt Romney a former U.S. attorney into monopolies issuing one citation for a hazard and is trying to accomplish. involving the railroads and trucking another citation because the safety and To appeal to the most extreme ele- industry. health program failed to detect and ments of his party, last week he called

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2486 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 Arizona’s harsh immigration law a Maybe Mitt Romney and I have dif- to continue his assault on foot. When model for America. Well, he’s partially ferent ideas of what ‘‘model’’ means. ordered to withdraw, Mr. Colalillo right. Arizona’s anti-immigration law Maybe he thinks Bernie Madoff is a stayed behind and carried a wounded is definitively a model. It’s just not a ‘‘model’’ investment banker or adviser. soldier over his shoulder through open model for immigration policy, but it’s I think ‘‘model’’ means something you enemy terrain while artillery and mor- a model for an awful lot of other can be proud of, something that makes tar rounds pulverized the ground things. Let’s just count them. America better and stronger, more just around him. One, if you’re a politician, Arizona’s and fair, something that shows Amer- A few weeks later, he was approached law is a model for how to achieve early ica the way to the future. by two military police officers, who es- retirement. State Senator Russell By that standard, Arizona’s law is a corted him to a nearby headquarters. Pearce was an author and lead sponsor perfect model. It shows America ex- He was informed that the tank’s com- of Arizona’s draconian anti-immigra- actly the policy to avoid on immigra- mander had nominated him for the tion law. He talked about little else. tion, and it shows Americans exactly Medal of Honor, which he received in His constituents weren’t pleased, the type of candidate to avoid for December 1945 at a White House cere- though, so Senator Pearce became the President of the United States. mony. first State legislator in the history of f In an interview in 2008 with the 100th Arizona to be recalled from office. The Infantry Division Association news- IN HONOR OF THE LIFE AND biggest backer of Mitt Romney’s immi- letter, Colalillo recalled ‘‘the good BRAVERY OF MICHAEL COLALILLO gration model is now unemployed. Lord was with me’’ during that battle. Two, if you want to wreck your local The SPEAKER pro tempore. The ‘‘I could see our guys getting shot . . . economy, Arizona’s law is a model for Chair recognizes the gentleman from I could see the muzzle flashes of the lost jobs and tax revenue. The pur- Minnesota (Mr. CRAVAACK) for 5 min- Germans shooting at us, and I aimed at chasing power of Latinos in Arizona in utes. them.’’ 2009 was nearly $35 billion. That’s Mr. CRAVAACK. About 450 U.S. sol- Mr. Colalillo died on December 30 at right. One study estimated that un- diers, sailors, and pilots received the a nursing home facility in Duluth, Min- documented immigrants alone paid $443 Nation’s highest combat award during nesota. He was 86 years old. Mr. million in local taxes. Another study World War II. One of these was a Colalillo is survived by his son, Al, of estimates that Arizona would lose former soldier from West Duluth, who Hayward, Wisconsin, and by his daugh- nearly 150,000 jobs if all undocumented earned the medal during the closing ter, Michele, of Meadowlands, Min- workers were removed from the State. days of the war. nesota. Three, Arizona’s law is a model for Michael Colalillo was born on Decem- In Minnesota, we have a track record how to energize Latino voters. In 2004, ber 1, 1925, in Hibbing, Minnesota, the of military excellence. According to George W. Bush, when running for son of an Italian immigrant father who the Medal of Honor Society, 46 Min- President, received nearly 45 percent of worked in the iron mines. Michael was nesotans have received our Nation’s the Latino vote in Arizona. That’s one of nine children, and at 18, he was highest award for bravery. In the pretty good. How did anti-immigrant drafted into the United States Army. Eighth District, we honor those who Jan Brewer do for Governor in 2010, 2 On April 7, 1945, a month before the have served, and for Michael Colalillo, years later? More than 70 percent of war in Europe ended, Colalillo’s unit the Medal of Honor Park in Duluth the Latino voters voted against her. came under heavy fire in a small, rural bears his name. We are forever grateful But wait. In 2011, Hispanic voter mobi- town in Germany. Pinned on the for his service to our great country. lization led to the election of two ground, Colalillo and his fellow soldiers Thank you, Mr. Colalillo. You make Latinos to the Phoenix City Council were in a death trap. Lying on the us all proud to be Americans. May for the first time ever. ground, bullets and shells flying every- God’s peace be with you. where, Colalillo decided something had f b 1030 to be done, and he was the guy who had In Daniel Valenzuela’s district, to do it. TOO SILENT ON SUDAN Latino voter turnout increased five- Even though he was a private and not The SPEAKER pro tempore. The fold, 500 percent. in command, Colalillo rose up and Chair recognizes the gentleman from Four—and I’ll stop at four because yelled to the other soldiers to follow Massachusetts (Mr. MCGOVERN) for 5 my time is limited—Arizona’s law is a his lead. Inspired by his confidence, the minutes. model on how to make decent people soldiers advanced in the face of savage Mr. MCGOVERN. Mr. Speaker, once suffer. enemy fire. When Colalillo stood up again, the world is standing by, silent Alabama followed the Arizona model, that fateful day, he marched forward and passive, while the Government of and a judge advised a woman facing do- into America’s military history. Mr. Sudan wages war on its own people. mestic abuse that, if she sought a re- Colalillo surged towards the Germans, We have been here before when hun- straining order against her abuser hus- firing his submachine gun until it was dreds of thousands of people perished in band, she would be asked to prove her knocked from his hands by shrapnel. Darfur before the international com- immigration status and face deporta- He then ran toward an American tank munity finally woke up and took ac- tion—while her husband laughed. to take control of the machine gun tion to try to protect innocent civil- In both Arizona and Alabama, citi- mounted above its cannon turret. Bul- ians from their own government’s bru- zens and legal immigrants have been lets clanged off the tank’s armor and tality. The humanitarian crisis con- harassed and detained because they zipped by his body as Mr. Colalillo re- tinues in Darfur. There is no peace, and look suspicious or cannot immediately sponded to the onslaught of German villagers, refugees, and humanitarian prove their citizenship status. enemy fire. personnel still live and work under the So let’s review. ‘‘It was a rough time and I was constant peril of attack. President Mitt Romney’s model for America: scared,’’ Mr. Colalillo said, ‘‘but I had Bashir has expelled many humani- has an author who was kicked out of to do what I had to do.’’ tarian workers from Darfur—and even office; means lost jobs and tax revenue Mr. Colalillo blasted at one enemy today, threatens to shut down their for everyone, not just immigrants; has position ‘‘with such devastating accu- lifesaving operations. mobilized Latino voters and pushed racy,’’ the Medal of Honor citation Last May, we witnessed the ruthless them away from the Republican Party; read, that he killed or wounded 25 Ger- ethnic cleansing of Abyei by the Suda- and has caused good, hardworking peo- man soldiers and silenced a machine nese people. More than 100,000 people of ple—immigrants and nonimmigrants gun nest. After this gun jammed, Mr. the Dinka indigenous population were alike, documented and undocu- Colalillo dismounted from the tank forcibly displaced. They fled to South mented—to live in fear. and grabbed another submachine gun Sudan, seeking safe haven, where they

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2487 remain today in very, very poor condi- Last week, the United Nations Secu- of the suffering. In an apparent effort to tions. When Sudanese President Bashir rity Council called on the Sudanese starve the rebels, Sudan is blocking aid saw that the world was indifferent to Government and the armed rebels to groups and food assistance from reaching the this brutal assault, he began military allow unhindered access for humani- area, and the United Nations Security Coun- cil a few days ago expressed ‘‘deep and grow- operations in June against insurgents tarian aid and for both sides to return ing alarm’’ at rising hunger levels there. in South Kordofan and, more generally, to talks and to cease hostilities. Some 28,000 Nubans have sneaked out and against the Nuba people. b 1040 settled in a new refugee camp here in Yida, And still the world stood silent. South Sudan, just south of the border with So, in September, Khartoum President Bashir said ‘‘no.’’ The Sudan. Scores more straggle in most days, launched attacks on another border re- United States and the international many half-starved. gion. This time, the state of Blue Nile community, including China, Russia, ‘‘I came because I was starving,’’ said was under siege with attacks by the and others, must increase the pressure Muhasin Kuwa, a 24-year-old woman who Sudanese Army and the bombings of ci- on Sudan to allow the delivery of aid to just arrived at the refugee camp. Both her parents had starved to death, along with vilians. Thousands fled to the neigh- the suffering people of South Kordofan and the Blue Nile, and to reach agree- seven small children in her small village, she boring countries of Ethiopia and South said. Sudan for safety, joining the desperate ment on a cease-fire. The safety and se- The Sudanese military has tried to block refugees from South Kordofan. curity of the Sudanese people, whether access routes, making escape perilous. I So Sudan has undertaken a blood- in Darfur, Abyei, South Kordofan, Blue spoke to members from a group of 16 who bath against its own people in the Nile, or elsewhere, must be our first had crowded into a car, paying $45 each for states of South Kordofan and Blue priority. what they hoped would be a flight to safety Nile—house-to-house arrests and Mr. Speaker, we have been silent for in the refugee camp. But then, the day before too long. I interviewed them, they came to a check- killings, rape, the merciless bombings point manned by Sudanese soldiers. [From the New York Times, Feb. 15, 2012] of civilians. ‘‘They called us over,’’ said the vehicle’s For nearly 8 months, Khartoum has IN SUDAN, SEEING ECHOES OF DARFUR owner, Haroun Suleiman, 42. ‘‘Then they blocked all humanitarian aid to South (By Nicholas D. Kristof) shot at us with guns.’’ Kordofan and Blue Nile. It has not only YIDA, SOUTH SUDAN.—A great humani- Two male passengers, ages 41 and 25, were continued to bomb in those states, but tarian catastrophe and vicious ethnic cleans- shot dead, he said. Two women, one with a it has crossed the border and has ing is unfolding here in the remote and im- month-old baby, are still missing. The others bombed refugee camps and towns inside poverished region where Sudan and South ran frantically into the bush and escaped, Sudan come together. eventually making their way to the refugee South Sudan, where tens of thousands camp. had hoped to find food and shelter. For some in the Nuba Mountains, living in thatch huts far from electricity or paved The Sudanese government bombed this ref- Here are some photos of some people roads, the sharpest acquaintance they are ugee camp in November, and, just a week in refugee camps in South Sudan: making with 21st-century technology is to be ago, it bombed the nearby town of Jau, in Saleh Kora is from the Angolo tribe bombed by Sudanese aircraft. South Sudan. Fears are growing of a new all- in South Kordofan. The government Bombings, ground attacks and sexual vio- out war between Sudan and South Sudan, in dropped bombs on her fields when she lence—part of Sudan’s scorched earth coun- part because of an oil dispute. South Sudan was trying to plant. Then the govern- terinsurgency strategy—have driven hun- separated from the rest of the country just ment dropped six bombs on her village. dreds of thousands of people from their in July, and the two sides can’t agree on the oil pipeline fees that the South should pay. This poor woman here grabbed her chil- homes in South Kordofan, the Sudanese state where the Nuba Mountains are located. The South then shut off oil production, so dren and hid in a nearby ditch. After In some ways, the brutality here feels like both countries are now facing an economic the bombings stopped, Sudanese sol- an echo of what Sudan did in Darfur, only crisis. Some experts warn that the North diers moved into the village and burned now it is Nubans who are targets. may try to seize oil wells from the South. several homes. When they began shoot- ‘‘They said that they want to finish off the Nuban children are already growing up in ing people, Saleh ran and hid with her black people; they said they want to kill war. When kids surrounded me in the refugee children. The soldiers didn’t care if you them all,’’ recalled Elizabeth Kafi, a 22-year- camp, I asked them how many had lost a were an unarmed civilian, a woman or old Nuban who said she was kidnapped in De- brother or sister in the war. About one-third raised their hands. a child. She fled with her children cember by Sudanese uniformed soldiers. She and others say that the mostly Arab Suda- When the food runs out in the Nuba Moun- across the border in January to the nese soldiers scorn Nubans partly for their tains, perhaps in two or three months, there Yida refugee camp in South Sudan. darker skin, partly because some are Chris- will be a risk of mass starvation. I saw one This woman over here to my far right tian, but mostly because many Nubans back 4-year-old girl at a feeding center run by Sa- and her little girl are from the Nuba an armed uprising against decades of Suda- maritan’s Purse, the aid group, who weighed Mountains. She is married to a man nese misrule. In 23 days of captivity, she said only 22 pounds. Unless outside countries en- who fled the nightmare of Darfur in she saw the soldiers use guns to execute sev- force humanitarian access into the Nuba 2005. Both were suffering from mal- eral Nuban men, including her grandfather Mountains, we can expect more famished children like her. nutrition when they arrived at the ref- and brother-in-law. She described watching soldiers gang rape and then cut the throat of The Sudanese armed forces try to keep aid ugee camps. a young Nuban woman, and also stab to workers and journalists out, so the story of The people of South Kordofan and death the woman’s 3-year-old son. suffering has not received much inter- Blue Nile are being subjected to bomb- Kafi said that she also saw 20 to 25 soldiers national attention. I’m going to try to slip ings, murder, rape, scorched earth, and hold down two Nuban girls, who she guessed into the Nuba Mountains and report back. starvation. This should come as no sur- to be about 14 or 15 years old, and gang rape Stay tuned. prise when Ahmed Haroun, the Suda- them. The girls died from the rapes and beat- f nese official wanted by the Inter- ings, she said. national Criminal Court for crimes It’s impossible to confirm Kafi’s full story, BELL STREET MIDDLE SCHOOL but others verified that she had been kid- SCIENCE OLYMPIAD TEAM against humanity in Darfur, is now the napped. And many other Nubans recount governor of South Kordofan. similar attacks, or describe similar racial The SPEAKER pro tempore. The Mr. Speaker, we are fast approaching epithets. As in Darfur, the Sudanese soldiers Chair recognizes the gentleman from the month of March, the point at which often call their darker-skinned victims their South Carolina (Mr. DUNCAN) for 5 min- the Famine Early Warning Systems ‘‘slaves.’’ Ahmed Haroun, a Sudanese official utes. Network, or FEWS NET, has predicted wanted by the International Criminal Court Mr. DUNCAN of South Carolina. Mr. that South Kordofan and Blue Nile will for committing crimes against humanity in Speaker, I rise today to recognize an reach emergency levels of food insecu- Darfur, is now the governor of South exceptional group of students, teach- Kordofan, and he seems to be employing rity. This is just one level short of all- similar tactics here. ers, and parents of the Bell Street Mid- out famine. Yet Khartoum still denies While the Sudanese government is trying dle School Science Olympiad Team, food and medical relief to the suffering to suppress an armed rebellion in the Nuba which just won its 10th consecutive people of these regions. Mountains, it is civilians who bear the brunt Science Olympiad State Championship.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2488 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 Let me repeat that: 10th consecutive I believe this statement sums up how apparently a Taliban insurgent who Science Olympiad Championship. valuable this program is to our Na- had infiltrated the government secu- The Science Olympiad program is tion’s youth. rity forces and penetrated what is sup- one of the premiere science competi- Finally, I would like to take time to posed to be one of the most secure tions in the Nation, providing rigorous congratulate all of the coaches and the buildings in Kabul. standards-based challenges to nearly members of this year’s State cham- Mr. Speaker, it is clear that police 6,200 teams in 50 States. Science Olym- pionship Science Olympiad Team from officers, the ones we are supporting and piad’s continuously changing event District 56’s Bell Street Middle School. training to keep militants at bay, are lineup exposes students to a variety of This year’s team included: Mike losing patience with our continued career choices and gives them an op- Beasley, Stephanie Braswell, Jalen military occupation of their country. portunity to meet participating and Carter, Lawrence Coleman, Terry One of them told The Washington Post: practicing scientists, as well as the op- Craig, Andrew Gann, Karl Gustafson, Afghans and the world’s Muslims should portunity to have life-changing men- Dalton Langston, Beth Meadors, Zack rise against the foreigners. We have no pa- tors. Ray, Jonathan Shiflet, Kyle Smith, tience left. We will attack the military for- Science Olympiad was founded in Bowen Tiller, Nathan Vondergeest, eign people. 1982, and Bell Street Middle School, Clay Wright, Triston Moon, Daniel In response to all of this, General there in Clinton, South Carolina, began Moore, Luke Ragin, Jacob Wesson, Au- John Allen has ordered the removal of competing in that in 1986. The Science drey Atkinson, Chris Cannon, Justin all NATO personnel from Afghan gov- Olympiad Team at Bell Street was Easter, Dawson Green, Jack Harkins, ernment ministries in and around formed by three very inspirational Tara Hiller, Ami Meadors, Jill Kabul. Out in the field, some U.S. sol- teachers: Rosemary Wicker; Dr. David Meadors, Olivia Moore, Brianna Motte, diers have been instructed not to en- O’Shields, who is a close personal Jakob Pountain, Michael Richey, Jus- gage too directly with Afghan security friend; and Michael Mack. Mr. MACK tin Shockley, Dillon Snead, and Bailey forces, even though the training of and Dr. O’Shields still work in the Stephens. Those are the students, but school district in Clinton today. Mi- these forces is at the heart of our very the teachers and the parents that vol- chael Mack is a member of the science mission in Afghanistan. unteer need to be singled out as well. I faculty at Clinton High School, and Dr. Mr. Speaker, can there be any doubt, don’t have them by name, but let them David O’Shields is currently the super- given what has happened over the last know that we certainly appreciate intendent of Lawrence County School week or so and the last 10 years, that their efforts. District 56. Both continue to be active our 10-year military occupation is los- These are the future scientists. These event coaches for the incredibly suc- ing and not winning over there? The are the new innovators coming along. cessful Bell Street Science Olympiad hearts and the minds of the Afghanis I’m excited that at middle school Team. Many of the Bell Street Middle have been lost to the United States. School’s Science Olympiad alumni they’re challenging these students to The amazing thing is there is talk have gone on to become extremely suc- be the best they can. that the recent unrest might delay the cessful in the areas of science and tech- May God continue to bless those stu- withdrawal of our troops from Afghani- nology. dents, teachers, and parents. May God stan. If anything, we need to accelerate One examples is the gentleman continue to bless Bell Street Middle that withdrawal. It’s this war that has Dedric Carter. Dedric was a former School, and may God continue to bless sewn the seeds of resentment and mis- member of the Bell Street Middle America. trust. It’s this war that has increased School Science Olympiad Team who f instability and strengthened the insur- went on to enroll at MIT for college. ENGAGING AFGHANISTAN gency. It’s this war that is fraying the He later became MIT’s assistant dean PEACEFULLY, NOT FORCIBLY partnership and heightening the ten- for engineering and a lecturer in the sion. Department of Electrical Engineering The SPEAKER pro tempore. The Mr. Speaker, what if we engaged Af- and Computer Science. He is currently Chair recognizes the gentlewoman from ghanistan in a different way—peace- the senior adviser for strategic initia- California (Ms. WOOLSEY) for 5 min- fully, rather than forcibly, not in war? tives to the Director of the National utes. What if we sent—at a fraction of the Science Foundation. Ms. WOOLSEY. Mr. Speaker, it is cost and pennies on the dollar, I might Another one, Jarrett Campbell, is February 29, a date that exists only add—what if we sent civilian experts to also an alum of Bell Street Middle once every 4 years, and yet this is the help rebuild Afghanistan and invest in School’s Science Olympiad Team. After third February 29, the third leap day, its people? competing in the Science Olympiad that we’ve been at war in Afghanistan. I have my granddaughter here with teams in middle and high school, b 1050 Jarrett went on to complete a doc- me. She’s 8 years old. She’s not lived in torate degree in chemical engineering the United States when we were not at What if we focused on humanitarian at the University of Texas at Austin. war. aid instead of military aggression? Jarrett worked for Advanced Micro De- Last week in particular, we were ex- That’s the SMART Security philosophy vices, where he was awarded over 25 posed to the grave dangers and the fun- that I’ve been advocating for many patents in the area of semiconductor damental flaws of our Afghanistan years now. technology. Today, Jarrett works as a strategy. The week started with the I’m convinced that such an approach global energy management specialist burning, accidentally, of several copies would show the way to greater peace, for a U.S. company in Paris, France. of the Koran by U.S. troops. That greater security and prosperity in Af- When he was asked about his experi- sparked days of violence and protests ghanistan. We can’t begin to do this ence with the Science Olympiad, Dr. throughout the country. Angry soon enough. Despite everything that’s Campbell said this: Afghanis tried to storm U.N. com- happened—not just this past week but Not only did the teacher, coaches, and par- pounds and other Western installa- over the last decade—the Pentagon ent volunteers pique my interest in science tions. continues to tell us the Afghanistan and math, they continually challenged me to At our largest military base, thou- strategy is sound and it is succeeding. expand my knowledge by competing in new sands, including many who worked at Do they think we’re not paying atten- disciplines. Looking back, I see how impor- the base, gathered to throw rocks and tion? tant the camaraderie, teamwork, and con- shout ‘‘Death to America.’’ Days later It couldn’t be clearer that what we’re stant desire to excel, along with the exam- ples set by these role models leading the came the killing of two NATO soldiers, doing isn’t working. It’s time for team, was exceptional in setting the stage shot in the back of the head while SMART Security, Mr. Speaker. It’s for my career in engineering and energy working at their desks inside the Af- time to bring our troops home, and the management. ghan interior ministry. The killer was time is now.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2489 THE GREAT RULER PAGE II He is anti-free market too much. Port Arthur. In announcing the admin- The SPEAKER pro tempore. The He cuts defense spending too much. istration’s changed position, White Chair recognizes the gentleman from He infringes on personal liberty too House spokesman Jay Carney said: Texas (Mr. POE) for 5 minutes. much. Moving oil from the Midwest to the world- Mr. POE of Texas. Mr. Speaker, the He has to have it his way too much. class, state-of-the-art refineries on the gulf country cannot afford the great ruler, He tramples on states’ rights too coast will modernize our infrastructure, cre- much. ate jobs, and encourage American produc- his administration, and especially his tion. policies. He blames Congress too much. He costs too much. He blames George Bush too much. Amen. He spends too much. And he really, really, really despises 430 miles down, 1,223 to go. But there He blames others too much. Texas too much. is no new oil with this pipeline being He violates the Constitution too Mr. Speaker, we no longer can afford built. None. So, Houston, we still have much. the great ruler, his administration, and a problem. And that problem is explod- He blames George Bush too much. especially his policies. ing prices for gasoline. He infringes on religious liberty too And that’s just the way it is. Since the day President Obama took much. f office—and he took office on January 20, 2009—since that time, gasoline He ignores our border security too HONORING SHERRY STINEBISER much. prices have doubled, from $1.84 per gal- He divides the people too much. The SPEAKER pro tempore. The lon to over $3.70 per gallon. Doubled. He refuses to assume responsibility Chair recognizes the gentleman from This hits Texas families hard. If you too much. Pennsylvania (Mr. THOMPSON) for 5 have a pickup truck with a 24-gallon He misleads the poor too much. minutes. gas tank and fill it up every 2 weeks, He sues States too much. Mr. THOMPSON of Pennsylvania. that’s a $90 increase in gas expenses per He refuses to compromise too much. Mr. Speaker, today I rise to recognize month. There goes the $1,000 every He blames the rich too much. Sherry Stinebiser for decades of service American got by the payroll tax cut He subsidizes failed green energy to the communities of northwestern extension, something we fought for 2 projects too much. Pennsylvania. months here in Congress, just thrown He encourages people to depend on On June 25, 2011, Sherry was elected away. the government too much. to a 1-year term as president of the la- In a speech in Miami, our President He vilifies capitalism too much. dies auxiliary to the Department of said there was ‘‘no magic bullet’’ to He preaches government intervention Pennsylvania Veterans of Foreign lower gas prices, and there’s some too much. Wars, the VFW. Like every task Sherry truth to that statement. The President He regulates too much. has taken on in her long career of serv- is limited in what he can do to lower He campaigns too much. ice, her primary goal as president has gas prices, but there’s a lot a President He blames businesses too much. been serving others. can do to increase gas prices. Unfortu- He blames George Bush too much. Joining the Ladies Auxiliary in 1996, nately, President Obama’s policies He taxes too much. Sherry is a life member of Cleo have put us on a path to the worst He punishes people who pay taxes too Bargerstock Auxiliary 1424 in summer for gas prices in our country’s much. Marienville, Pennsylvania, which is lo- history. We enter this summer with the He promises ‘‘free stuff’’ to non-tax- cated within the Pennsylvania Fifth highest gas prices in our country’s his- payers too much. Congressional District. tory at this time of the year. They’re He likes the word ‘‘debt’’ too much. Outside of the auxiliary, Sherry has only going to go up. And the President He regulates our lives too much. worked for more than 30 years as a li- had a knee-jerk reaction to the Gulf of He likes big government too much. censed practical nurse. She has volun- Mexico spill. He shut the gulf down for He blames oil companies too much. teered her spare time as an emergency His budget hurts veterans too much. nearly a year. That’s at least 10 Amer- medical technician and serves as a He likes high gasoline prices too ican rigs that left the gulf for overseas, board member of a group called Experi- much. taking American energy with them, He blocks offshore drilling too much. ence Incorporated, a local organization and American jobs. in Warren and Forest Counties dedi- He stonewalls domestic energy too b 1100 much. cated to providing services to elderly He chose Hollywood elitists and rad- He gambles taxpayer money on citizens. ical environmentalists over American unproven energy projects too much. Albert Einstein once said: Only a life unions and the American people by He sends money to countries who lived for others is worth living. putting the Keystone pipeline in limbo. hate us too much. A model citizen who has committed He despises the Keystone XL pipeline her life to serving others, I believe And while a small portion of the 20,000 too much. Sherry would agree. jobs the full pipeline would have cre- He apologizes for America too much. Thank you for your service, Sherry. ated are going to be kept by this new He blames George Bush too much. f decision—4,000 of them—we still have no new oil. Eighty thousand barrels a He cuts benefits to our veterans too KEYSTONE UPDATE much. day flowing through the Keystone XL He blames the Tea Party too much. The SPEAKER pro tempore. The pipeline is not going to happen. We’re He blames Congress too much. Chair recognizes the gentleman from just basically building another lane on He preaches America’s best days are Texas (Mr. OLSON) for 5 minutes. the freeway. behind us too much. Mr. OLSON. Mr. Speaker, I rise to The most alarming thing to me is He blames conservatives too much. give the American people an update on that the Obama administration has He likes the word ‘‘czar’’ too much. the Keystone XL pipeline. spent 3 years watching Iran export ter- He turns his back on Israel too much. Monday, President Obama took the ror and develop their own nuclear He treats our enemies better than first step to get out of the way and weapons to destroy Israel. Now that our friends too much. bring tar sands oil from Canada to my the House and Senate, followed by the He blames our problems on Greece home, southeast Texas. It’s the yellow European Union, have imposed sanc- too much. pipeline line here on this chart. tions on Iran over their nuclear ambi- He blames our problems on the Euro- The administration agreed to build tions, the Iranians are threatening to peans too much. the first segment from Cushing, Okla- shut down the Strait of Hormuz. He ignores individual freedom too homa, right here, to southeast Texas, This is a map of the Strait of much. the Port of Houston and the Port of Hormuz, and as a former naval aviator

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2490 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 who deployed for 6 months to the re- bills in the House to increase energy Mr. MURPHY of Pennsylvania. Mr. gion in 1994 and flew low-level missions production from the abundant supply Speaker, while we are all aware of the through the strait, I can tell you that of natural resources we have in this debt this country has hanging over our the Iranian threat to shut it down is country. heads, over $15.3 trillion, we have to real—very real. It’s a narrow body of Mr. Speaker, we could be energy also be aware of what it takes to grow water, 30 miles wide at some points. independent in this country, but the our way out of this debt. Part of the It’s worse because, as you can see, the President and the people who work for way of growing us out of this debt is by sea lanes where the ships go through him and the Senate are stopping us having jobs. But there is also another and commerce goes through are very from being that way. We’ve passed leg- burden hanging over our heads, and close to Iran. This island over here, islation to ensure construction of the that is the cost of gasoline to Amer- Abu Musa, that is an Iranian military Keystone pipeline. Together with the ican families, which adds to their own base. Keystone pipeline and the other bills personal debt. There is an old saying that ‘‘a pic- we’ve passed, we’d decrease our reli- Bear in mind at the last inauguration ture is worth a thousand words.’’ And ance on Middle Eastern oil and sta- in 2009, the price of gasoline was $1.83 a this is our President as a candidate in bilize gas prices. They will create hun- gallon. Now, it’s approaching $4 a gal- 2008 at a gas station in Indianapolis. dreds of thousands of good American lon. Think about what that means to What’s missing? Action to support low jobs and make our Nation more secure. the average family where they’re gas prices at that time. But what is the Obama administra- spending a couple thousand dollars I urge the President to listen to the tion saying? And they are being helped more per year for gasoline and no end American people and to fully approve to perpetuate these myths by the lame- in sight. It’s expected that prices will the Keystone XL pipeline. Do it now, stream media. They claim they are not go up to well over $4, perhaps $5, per and put America back in business. responsible for the increased prices and gallon in some States in the coming f that there’s nothing they can do. But months. It is a burden that families, they are trying to take credit for pre- unfortunately, have to bear when they PRESIDENT OBAMA ENERGY vious Presidents Clinton and Bush pro- find themselves needing to travel to MYTHS AND FACTS energy policies. The reason oil produc- and from work or to and from other The SPEAKER pro tempore. The tion is up today is because of develop- important activities and they cannot Chair recognizes the gentlewoman from ment on private and State lands. North avoid this, especially in areas where North Carolina (Ms. FOXX) for 5 min- Dakota alone produced almost 16 mil- public transportation is weak or not utes. lion barrels of oil in January 2011 com- available. Ms. FOXX. Mr. Speaker, I know I’m pared to only a little more than 2 mil- Now, we have put forth a plan in this going to repeat some of the things that lion in January 2012, the majority of House to open up some other areas for my colleague from Texas has gone over which is on State and private lands. drilling for our own oil. It has been as it relates to energy in our country The Obama administration is not criticized by some who say it would and the response of the Obama admin- opening new offshore areas for energy take too long for that oil to get to istration. But, Mr. Speaker, these facts production. The President and the ad- market and by others who say it bear repeating because the media has ministration claim to be opening more wouldn’t have that much of a price dif- been complicit with the Obama admin- than 75 percent of offshore lands for en- ference on oil. I beg to differ. Four or istration in hiding the facts from the ergy exploration. This is absolutely 5 years ago when I put forth a bill, a bi- American people about the extraor- false. partisan bill with many of my col- dinarily negative impact that the The Obama administration has leagues, to open up the Outer Conti- President and his administration have blocked energy production on Federal nental Shelf for drilling, we had noted had on the American people as it re- lands, and the Obama administration at that time the impact that would lates to energy prices. denies the potential of domestic oil have upon our economy. It’s antici- Let me say, again, that on his inau- production. So everywhere we turn, the pated that there’s about $8 trillion guration date in 2009, the average price President and the people who work for worth of oil and natural gas off our of gasoline in this country was $1.84. him are keeping us from becoming en- coast, and that would lead, if that were The average price of gasoline today is ergy independent. invested in our infrastructure, to over $3.73. That is a 102 percent increase. By Let me give you some quotes from 1 million new jobs per year for the next spring, the estimates by Barrons are the President. January 2008: few years. that the price of gasoline will be $4.50. Under my plan of a cap-and-trade system, b 1110 This is a tremendous burden on the electricity rates would necessarily sky- hardworking American taxpayers. We rocket. The Federal revenue that would come hear the President and his people in his We all remember that. from that over the next 20 years would administration talking about how they Energy Secretary Steven Chu, De- be about $2.5 trillion to $3.7 trillion. want to be fair—fair to the middle cember 2008: Even when you’re talking about our class. Well, what’s not fair to hard- Somehow we have to figure out how to national debt, those are large numbers. working American taxpayers is the boost the price of gasoline to the levels in If we invest that in America’s infra- President’s inability to see how the Europe. structure, noting that for every $1 bil- price of gasoline is hurting those hard- And another one: lion we invest it’s about 30,000 to 35,000 working American taxpayers. Mr. Chu has called for gradually ramping jobs, that’s a lot of jobs, and it takes A 1-cent increase in the cost of gas up gasoline taxes over the next 15 years to care of our many unemployed and un- equals $1 billion out of our economy coax consumers into buying more efficient deremployed in this country. and is a $4 million per day cost to con- cars and living in neighborhoods closer to Well, for those who say it will not sumers. A 50-cent increase in gasoline work. lower gas prices, I beg to differ. Cer- equals a $70 billion yearly loss to the Mr. Speaker, we Republicans have a tainly, there are studies in the past U.S. economy. Again, how does it af- plan. We need the Senate to act on that that have been flawed when they look fect the average family? In 2009, it cost plan. at only the impact of Alaska in terms them $173.80 more; in 2010, $281.06; in f of what that would mean. But I would 2011, $368.09. like to put forth some other numbers The Republicans have a plan to do DOMESTIC OIL EXPLORATION that are important and that is, if you something about this, but again, we The SPEAKER pro tempore. The open up the Outer Continental Shelf have to explain to the American people Chair recognizes the gentleman from also, it has a big impact. we’re only one-half of one-third of the Pennsylvania (Mr. MURPHY) for 5 min- Right now, we import perhaps 60 per- Federal Government. We’ve passed five utes. cent or more of our oil. Some of that

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2491 comes from Canada and Mexico, our RECESS PLEDGE OF ALLEGIANCE North American neighbors; but much The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Will the of that oil also comes from OPEC na- ant to clause 12(a) of rule I, the Chair gentleman from Arkansas (Mr. tions. Further, OPEC has stated time declares the House in recess until noon CRAWFORD) come forward and lead the and time again they would like to see today. House in the Pledge of Allegiance. gasoline and oil prices go up so much Accordingly (at 11 o’clock and 13 Mr. CRAWFORD led the Pledge of Al- that oil is at $200 a barrel. It’s critical minutes a.m.), the House stood in re- legiance as follows: for their economies. And when OPEC cess. I pledge allegiance to the Flag of the leaders get together, it also includes United States of America, and to the Repub- some countries that are not very f lic for which it stands, one nation under God, friendly to us, such as Iran and Ven- b 1200 indivisible, with liberty and justice for all. ezuela, and other countries which we f AFTER RECESS have defended with our blood and WELCOMING REVEREND GERALD treasure over the years, which has cost The recess having expired, the House THERIOT us more. But look at this, in terms of was called to order by the Speaker pro The SPEAKER pro tempore. Without international policy, of using our own tempore (Mr. YODER) at noon. oil versus OPEC. objection, the gentleman from Lou- f isiana (Mr. LANDRY) is recognized for 1 In 2011, our trade deficit with OPEC minute. PRAYER was $127 billion. In 2010, it was $96 bil- There was no objection. lion. In 2009, it was $62 billion. And in Reverend Gerald Theriot, The Amer- Mr. LANDRY. Mr. Speaker, I rise 2008, the last time we had a big oil ican Legion, Schriever, Louisiana, of- today to thank our guest chaplain, Mr. price jump, it was $177 billion. That fered the following prayer: Gerald Theriot, for his dedicated life of means we’re buying more oil from Most gracious and all-enabling God, public service. OPEC than they’re buying of our own awaken within our hearts and minds Chaplain Theriot is a retired veteran goods. But it goes beyond that. There the ability to reason and discuss dif- of the United States Air Force, a is also the cost of blood. ferences so that we may realize reason- cryptologic linguist specializing in In our first Iraq war in Desert Storm, able, fair, and just solutions to the French, Vietnamese, and Korean. Mr. one Army group in my district, the issues that are before us. Theriot rose through the ranks and re- Quartermaster Unit, was hit by a scud Allow our legislators to meet the de- tired as a first sergeant. Following his missile, and it killed many of those sires of those who support them and, at military service, Mr. Theriot served his soldiers. How do you put a price on the same time, to do what is best for Louisiana neighbors in the Department that cost of war? And clearly we are all in our Nation. of Social Services. battling Iraq because they also invaded We know that we all must meet the Chaplain Theriot is a loyal member Kuwait and were attempting to control obligations of the trust that is placed of American Legion Post 513 in more oil fields in the market. Yes, it upon us, and we therefore come to You Thibodaux, Louisiana, where he has was about dealing with Saddam Hus- in faith seeking courage and strength served as a vice commander, historian, sein; but, yes, it was also about dealing to perform our tasks well. service officer, and chaplain. He has with control of oil. Dear God, as I stand here today, I am also served as Louisiana’s department Look what we’re doing now with the thankful for and ask for Your contin- chaplain since 1997. And on September costs—patrolling the Strait of Hormuz ued blessing on this House as they en- 1, 2011, Mr. Theriot was appointed the with our 5th and 6th Navy Fleet out deavor to perform their duties. national chaplain of The American Le- there to patrol the Mediterranean and We ask Your blessing on our Nation gion. the Persian Gulf to make sure Iran and the defenders of our freedoms, both Chaplain Theriot is the proud hus- doesn’t cut off world oil supplies and civilian and military. band of Mrs. Ethel Theriot, father of cause more problems. Amen. four, and grandfather of our State’s fu- ture leaders. But look also at the lives cost in the f Iraq war in Operation Iraqi Freedom. On behalf of Louisiana’s Third Con- Sixty-three Pennsylvanians have been THE JOURNAL gressional District and the United States House of Representatives, I ap- killed, including many from my own The SPEAKER pro tempore. The plaud Mr. Gerald Theriot for his sac- district, whose lives were lost defend- Chair has examined the Journal of the rifice and service and commitment to ing our causes in Iraq. There are also, last day’s proceedings and announces our country. in Pennsylvania, 553 wounded. But to the House his approval thereof. overall, 4,484 have died up to 2011 in Op- Pursuant to clause 1, rule I, the Jour- f eration Iraqi Freedom—Americans. nal stands approved. ANNOUNCEMENT BY THE SPEAKER Pennsylvania has certainly paid a high Mr. LANCE. Mr. Speaker, pursuant PRO TEMPORE price on that; but also know between to clause 1, rule I, I demand a vote on The SPEAKER pro tempore. The 224,000 and 258,000 civilians were killed agreeing to the Speaker’s approval of Chair will entertain up to 15 further re- in Iraq directly from warfare. the Journal. quests for 1-minute speeches on each Now, although other countries may The SPEAKER pro tempore. The side of the aisle. have paid us back in dollars for what question is on the Speaker’s approval f we spent in first Desert Storm, gulf of the Journal. war, we are bearing the costs of Oper- The question was taken; and the PRESIDENT FULFILLS PROMISE ation Iraqi freedom. And we can never, Speaker pro tempore announced that TO INCREASE GAS PRICES ever return to the families the lives of the ayes appeared to have it. (Mr. WILSON of South Carolina their loved ones, their wives and sons Mr. LANCE. Mr. Speaker, I object to asked and was given permission to ad- and daughters and mothers. the vote on the ground that a quorum dress the House for 1 minute and to re- Let’s remember that opening up our is not present and make the point of vise and extend his remarks.) own oil fields in America is not just order that a quorum is not present. Mr. WILSON of South Carolina. Mr. about paying the price for families and The SPEAKER pro tempore. Pursu- Speaker, in his 2008 campaign, during what it cost them, but also making ant to clause 8, rule XX, further pro- an interview with the San Francisco sure we know we will never have to pay ceedings on this question will be post- Chronicle, the President promised en- again the price of blood. That reason poned. ergy rates ‘‘would necessarily sky- and that reason alone is enough to say The point of no quorum is considered rocket’’ under his policies. Since Feb- let’s be drilling for our own oil. withdrawn. ruary 2009, the price of gas has jumped

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2492 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 from $1.92 per gallon to an outrageous When President Obama took office, condemning Iran for their persecution, $3.72 per gallon. Hardworking Ameri- the price for a gallon of gas was $1.86. imprisonment, and sentencing to death cans continue to watch as a substantial It has now doubled, and some estimate of Christian Pastor Youcef amount of each paycheck is diverted by that it will be around 5 bucks by this Nadarkhani. Pastor Youcef has been in rising energy costs destroying jobs. summer. This is just one indicator that prison for 21⁄2 years now under the Although the President claims to President Obama’s energy policies have charges of apostasy and condemned to have changed his policies, his decision failed America and are continuing to death by hanging. His wife, too, was ar- to terminate the Keystone pipeline make our economy worse. rested and condemned to life in prison, project from Canada shows that he re- He says that he wants an all-of-the- but later released. mains dedicated to his campaign prom- above approach to energy, but his ac- Christians and other religious mi- ise. House Republicans are focused on tions do the exact opposite. In fact, norities are under assault in Iran helping Americans feel relief at the President Obama cut oil production on today. Hundreds have been imprisoned pump by supporting legislation that Federal lands by 11 percent last year and many have been executed on expands supply and allows for the con- and he blocked the Keystone XL pipe- trumped-up charges. In fact, while the tinuation of the Keystone pipeline. line. official charges against Pastor Youcef I urge the President to put party pol- We can’t afford President Obama’s are apostasy and evangelism, the state itics aside and work with House Repub- destructive energy policies anymore. media said that he has been charged licans to find ways to lower energy Not only will increased energy produc- with rape and extortion. costs, which is necessary for American tion lower the price at the gas pump, The authorities in Iran know that families. but it will create much-needed jobs they are violating both their own con- In conclusion, God bless our troops, right now. Hardworking Americans stitution and the Universal Declara- and we will never forget September the need both, not more of the same from tion of Human Rights in their treat- 11th in the global war on terrorism. President Obama. ment of Pastor Youcef and other mi- norities. f f This week, the House will call on LET’S WORK TOGETHER b 1210 Iran to respect these agreements and (Mr. BACA asked and was given per- to release Pastor Youcef so that he, his KICKOFF OF WOMEN’S HEALTH wife, and children may practice their mission to address the House for 1 WEDNESDAY minute.) religion freely and not according to the Mr. BACA. Mr. Speaker, it’s been (Ms. DEGETTE asked and was given dictates of the state. over 400 days since the Republicans permission to address the House for 1 f minute and to revise and extend her re- took control of the House of Represent- WOMEN’S HEALTH WEDNESDAY atives and they still have not put for- marks.) ward a jobs agenda. Ms. DEGETTE. Mr. Speaker, today I (Ms. CHU asked and was given per- Instead of focusing on creating new rise to announce the inaugural Wom- mission to address the House for 1 jobs, Republicans have been working en’s Health Wednesday. Starting today minute.) Ms. CHU. Mr. Speaker, today I’m on a partisan agenda that would end and continuing for every Wednesday, thinking about the 99 percent of Amer- Medicare as we know it, protect tax Members of this distinguished body ican women who have used birth con- breaks for companies that send jobs will take to the floor to talk about trol. Today, I’m thinking about the 98 overseas, and cut jobs, including 550,000 mammograms, about comprehensive percent of Catholic women who have jobs that would be lost in the Repub- family planning, and, yes, even about used birth control. lican transportation bill. birth control. Mr. Speaker, I would like to kick off Birth control is a necessity for many Now prices at the pump are on the women, and it is unfair that women rise across the Nation. American fami- this first Women’s Health Wednesday by reminding everybody this is 2012, have to pay 68 percent more for it in lies are hurting. It’s time for Repub- out-of-pocket costs than men because licans to stop political games and work not the dark ages. So it amazes me that the debate we’ve been having late- it is not covered by all health insur- with Democrats on all-of-the-above en- ance plans. ergy solutions that stop the specu- ly, both in the Halls of this Congress and out in the political scene, is about It is especially unfair to the women lators who are inflating oil prices, ex- who use birth control pills to save tend production tax credits to create birth control. Birth control. Ninety-nine percent of women have their lives. In fact, these pills have pre- over 37,000 new jobs in solar energy, vented 200,000 ovarian cancers and and cut $40 billion in tax breaks for oil used birth control at some point in their lives, including 98 percent of 100,000 deaths. over the next decade. Let’s work to- The nurses, secretaries, and janitors Catholic women; and 1.5 million women gether on a responsible energy plan to who work at religiously affiliated hos- in this country rely on birth control lower gas prices and create new jobs at pitals and universities should not have for noncontraceptive purposes to treat home. to pay more for their health care costs a variety of medical conditions. The Before I close, I would just like to an- and be punished because of where they Institute of Medicine has determined, nounce that I’m having a woman’s work. That’s not fair. The Obama ad- based upon science, that birth control health conference next month, March ministration’s policy changes this and is a fundamental part of women’s pre- 15. is fair. It’s about time that women get ventive care. Yet here we are, debating f a break for all that they do to raise about birth control. children in this world. LOWERING GAS PRICES AND Mr. Speaker, over the next coming CREATING JOBS weeks, we will have many conversa- f (Mr. JOHNSON of Ohio asked and tions, and I’m excited to talk about TRIBUTE TO CHRIS PARR was given permission to address the women’s health. (Mr. CRAWFORD asked and was House for 1 minute and to revise and f given permission to address the House extend his remarks.) for 1 minute.) Mr. JOHNSON of Ohio. Mr. Speaker, PASTOR YOUCEF Mr. CRAWFORD. Mr. Speaker, I rise here’s the sign at a gas station at the (Mr. PITTS asked and was given per- today to honor the memory of Chris- corner of Pike Street and I–77 in Mari- mission to address the House for 1 tine Parr. Although Chris passed away etta, Ohio: $3.69 for a gallon of un- minute and to revise and extend his re- earlier this month, her memory will leaded regular. It’s one example of marks.) live on with her family and friends. surging gas prices across southeastern Mr. PITTS. Mr. Speaker, this evening For nearly 40 years, Chris was mar- Ohio. the House will consider H. Res. 556, ried to husband Al Parr. Together, they

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2493 built a life and family in Harrisburg, FIFTH ANNUAL INTERNATIONAL Mr. BUCSHON. Mr. Speaker, I rise Arkansas. Chris and Al have two chil- RARE DISEASE DAY today in support of commonsense poli- dren, Will and Angela. Chris joined Al (Mr. LANCE asked and was given per- cies that will help create jobs. in being active members of the Harris- mission to address the House for 1 I had the pleasure of meeting with burg Church of Christ where Al serves minute.) one of my constituents, Jon David of as pulpit minister. Mr. LANCE. Mr. Speaker, today, Feb- Evansville, Indiana. Jon owns a small Chris was a homemaker and a col- ruary 29, marks the fifth annual Inter- business, David Enterprises, an asphalt lector of souvenir spoons, bears, and national Rare Disease Day, a day de- contractor and concrete supplier. He Russian stacking dolls, among other voted to bringing attention to the would like to expand his business, but things. Years ago she also operated a needs of those with rare diseases. onerous regulations are preventing him sewing business and day care from her There are nearly 7,000 rare diseases. from doing it. home. She enjoyed anything to do with Research opportunities remain dif- a needle and thread and over the years ficult; and approved therapies are When I sat down with Jon, he talked has made many clothes and quilts for scarce, despite the fact that rare or or- about how EPA rules—such as emis- her family and friends. phan diseases afflict nearly one in 10 sions controls, dust regulations, the I will always remember Chris and the Americans. Bureaucratic hurdles and a permitting process for oil refining, and kindness that she showed my family lack of research incentives add to the wetlands designations on his prop- and me. Chris had a passion for Amer- challenges of those with rare or orphan erty—these regulations, he tells me, ica. She loved people; and once she diseases and the organizations that are keeping him from selling his prod- committed herself to a cause, she and serve them. uct and services that would allow him Al devoted themselves completely and As cochairman of the Rare Disease to expand his business and hire more worked tirelessly. Caucus with my colleague, Congress- employees. Instead, he spends his time My thoughts and prayers are with man JOSEPH CROWLEY, I am committed dealing with regulations that increase Chris’s family. As a person of great to working in a bipartisan capacity his costs and prevent him from expand- faith, I know that Chris is now in Heav- with like-minded Members, policy ad- ing. en with her Lord and Savior Jesus vocates, and families across the Nation The EPA under this administration to increase awareness and education of Christ. While her presence here on should take note of how rules and regu- rare diseases. Earth will be missed, her example will lations are hurting job creation. This is It is through greater awareness that be a guide for her family and friends unacceptable. The House has passed for years to come. we are able to bring hope to those who suffer from rare and orphan diseases. bills to help out Jon and others like God bless Chris Parr, and God bless him, but the Senate has ignored them. her family. f There are 27 bills, at least, that we’ve GAS PRICES passed here that we’ve sent to the Sen- f ate that would help Jon so he could (Mrs. DAVIS of California asked and quit spending his days fighting regula- was given permission to address the tions so his business can survive. WOMEN’S HEALTH AND House for 1 minute.) CONTRACEPTIVES Mrs. DAVIS of California. Mr. Speak- f (Mrs. MCCARTHY of New York asked er, I represent San Diego, California, and was given permission to address which has the dishonor of being home the House for 1 minute.) to the highest gas prices in the Nation. HONORING REACH OUT AND READ The most expensive gas in San Diego RHODE ISLAND Mrs. MCCARTHY of New York. Mr. was going for $4.75 a gallon, and that Speaker, I rise today to speak about (Mr. CICILLINE asked and was given hurts my constituents. the importance of ensuring coverage permission to address the House for 1 My friends on the other side of the for contraceptives and the impact this aisle believe the solution is simple— minute.) has on women’s health. more production means lower prices. Mr. CICILLINE. Mr. Speaker, I rise For centuries, important aspects of However, our Nation’s oil production is today to honor Reach Out and Read women’s health care have been treated the highest it has been in years. And Rhode Island, a program that works as a political football by advocates on yet so are gas prices. The conclusion? with doctors to encourage young pa- all sides of the issue. In politicians’ ef- More drilling does not mean lower tients and their families to read. forts to score political points, women prices. suffer because of a lack of access to In honor of the upcoming Read Independent analysis has pointed to Across America Day, I wish to recog- coverage, a lack of reliable information Wall Street speculators as a culprit for about health care choices, and because nize the contributions this program the rise in gas prices. Mr. Speaker, makes in my home State, where it many women are vilified for some of we’ve heard this story before: Wall reaches 35,000 infant-to-preschool-aged the health care choices they make. Streeters gaming markets to make big children each year in 44 locations. It’s time to take politics out of wom- bucks at the expense of consumers. Reach Out and Read Rhode Island pro- en’s health, and it’s time to ensure Another culprit? There is nothing vides free books through pediatricians’ that women’s health coverage includes truly competing against gasoline. offices for children between the ages of full access to contraception. Birth con- Prices will go down when there are al- trol can have significant health care ternative fuels and real transportation 6 months and 5 years old, creating a benefits for women and their families. choices to compete with oil. small library for children and empha- It can significantly reduce health care There are two things that Congress sizing the importance of reading. costs. And it’s one of the most com- can do to relieve the pain at the pump: Reach Out and Read Rhode Island monly taken drugs in the United an innovative 21st-century approach to helps to distribute 60,000 books each States. our energy problems, and we need to year to young children and their fami- We need to stop playing games with tame the speculative markets. lies, working to build a foundation for people’s health and instead live up to f when a child enters school. Reach Out our responsibilities to protect the right and Read Rhode Island should take of women to make the health care JOB CREATION great pride in the contributions it choices that are right for them. I look (Mr. BUCSHON asked and was given makes to our young children. I con- forward to working every Wednesday permission to address the House for 1 gratulate Reach Out and Read Rhode to talk about women’s health. minute.) Island on its success.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2494 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 b 1220 just passed on a bipartisan basis. And I Unfortunately, too many women EXPAND DOMESTIC ENERGY PRO- urge my colleagues to speak out across the country suffer every day be- DUCTION TO REDUCE GAS against the unspeakable violations cause they don’t have access to health PRICES that take place every moment. care that includes contraceptives. This Doing right is long overdue. Let’s is an issue of access, of affordability, (Mr. HULTGREN asked and was stop the horrors and mobilize the world and of the rights of women to receive given permission to address the House to stop the killing. quality health care. I urge my col- for 1 minute.) f leagues to make that their focus. Mr. HULTGREN. Mr. Speaker, last f week, I heard from my constituents CABOT GUNS AND PENN UNITED about the impact rising gas prices are TECHNOLOGIES ENERGY SECURITY having on their families and on their (Mr. KELLY asked and was given (Mr. STUTZMAN asked and was small businesses. permission to address the House for 1 given permission to address the House Congress must act to protect our minute.) for 1 minute.) constituents from even higher gas Mr. KELLY. Mr. Speaker, I recently Mr. STUTZMAN. Mr. Speaker, Hoo- prices by expanding our Nation’s do- had the pleasure of visiting with an siers across northeast Indiana paid mestic energy production. The solution outstanding new company in western $3.85 for a gallon of gasoline this morn- is pretty simple—let’s expand Amer- Pennsylvania called Cabot Guns, a ing. Gas prices are skyrocketing, and ican energy production. This will re- company whose belief in American people in my district are looking for duce the cost of gas, putting money exceptionalism and dedication to un- long-term solutions. back in the wallets of every American, compromising quality have resulted in Unfortunately, for the past 3 years, and it will create the kind of good-pay- a new standard of precision-made hand- President Obama has rejected serious ing jobs that so many people need and guns. In fact, Cabot Guns are already efforts to promote American energy se- would help get our economy moving being described as the finest pistols in curity. By failing to put forward a re- again. the world by the Blue Book of Guns. sponsible energy policy, this adminis- The House has already passed four Cabot Guns embodies the best of what tration is making things worse at the bills to expand domestic energy pro- this great Nation’s finest machinists, pump. duction. It’s time for the Senate to engineers, and master craftsmen have In 2008, Energy Secretary Steven Chu pass those bills and send them to Presi- to offer, and is proof of the enduring said, ‘‘Somehow we have to figure out dent Obama so that he can show us prowess of the American dream. how to boost the price of gasoline to whether his commitment to an all-of- These highly prized firearms provide the levels in Europe.’’ the-above energy policy is mere rhet- a new industry for my district and are Well, if something doesn’t change, oric. made in collaboration with Penn Hoosiers could see those prices soon. Creating jobs, saving our constitu- United Technologies, a pioneering In January, President Obama re- ents money, and helping our economy manufacturer of precision components jected the bipartisan Keystone XL should be bipartisan goals, and we can for the defense, aerospace, medical, en- pipeline and blocked the flow of over achieve them by expanding American ergy, and nuclear industries that was 800,000 barrels of oil each day. The energy production. founded 40 years ago by the great inno- President’s decision does nothing to f vator and patriot, Carl Jones, a man lower prices or protect us from uncer- whose legacy lives on through Cabot tainty in the Middle East. It’s a serious ASSAD’S ATROCITIES Guns and Penn United’s strong belief blow to Hoosier families already strug- (Ms. KAPTUR asked and was given in family, God, and country and a firm gling in the real economy. permission to address the House for 1 commitment to our Second Amend- Hoosiers deserve a true all-of-the- minute.) ment. above approach. The House has already Ms. KAPTUR. Mr. Speaker, first, I f passed five energy bills that are being join with my female colleagues in sup- held up in the Senate. It’s time to pro- porting full health coverage for every CONTRACEPTIVE COVERAGE mote real energy security. single woman in our Nation. (Ms. BONAMICI asked and was given f I also rise to condemn the actions of permission to address the House for 1 Syria’s Assad government, which are minute.) WOMEN’S HISTORY MONTH truly appalling. America and this Ms. BONAMICI. Mr. Speaker, contra- (Mr. CARNAHAN asked and was House should not be sitting silent as ceptive coverage is an issue of women’s given permission to address the House thousands of Syrian civilians are health, access to health care, and af- for 1 minute and to revise and extend slaughtered by their government. fordability that affects our entire his remarks.) Assad is not a man of peace, as some in health care system. As we deliberate Mr. CARNAHAN. Mr. Speaker, today this body have asserted. He is an inter- this important issue, it’s imperative I rise to honor the start of Women’s national war criminal. His blood- that we consider all of the benefits of History Month, which starts tomorrow. stained hands should be shunned the access to contraceptives, starting with This month gives us all the oppor- world over. the prevention of unplanned preg- tunity to recognize the important and The United Nations now believes that nancies. glass ceiling-shattering work women over 100 civilians are being murdered One thing about which we should all across our country and around the daily, including women and children. agree is that we need to reduce the world have done and continue to do. Estimates vary as to how many civil- number of abortions. Now, access to Despite the tremendous progress that ians have been killed since Assad’s re- contraceptives plays a critical role in has been made over the past century gime launched its brutal crackdown that goal, but the benefits don’t stop towards gender equality, more still down on peaceful demonstrators in there. Contraceptives are often pre- needs to be done. Syria in the spring of last year. CNN is scribed for certain medical conditions Over the last 14 months, we’ve seen reporting as many as 9,000 people have that, untreated, could keep women the rights of women come under attack been killed in the last year, yet the from work, lead to more serious health again and again in this body. Though I leadership of this House remains silent. problems, or otherwise impact the firmly believe in encouraging healthy The Senate passed a resolution in mid- quality of their lives. These negative debate, the attacks that we have seen February. Why haven’t we? consequences are easy to prevent with are an affront to the rights and health I and my colleague, Congressman access to preventive health care, which of women around this country. That’s KEITH ELLISON, have introduced a reso- can help with unnecessary costs, both why I was so heartened by the recent lution identical to the bill the Senate intangible and tangible. compromise on contraceptive care.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2495 While I have deep respect for the reli- WOMEN’S HEALTH CARE SAN JOAQUIN RIVER RELIABILITY gious and moral beliefs of all Ameri- (Ms. LINDA T. SA´ NCHEZ of Cali- ACT cans, I am pleased with this com- fornia asked and was given permission (Ms. SPEIER asked and was given promise because these guidelines in- to address the House for 1 minute.) permission to address the House for 1 crease access to contraceptive services Ms. LINDA T. SA´ NCHEZ of Cali- minute.) for women while respecting religious fornia. Mr. Speaker, former New York Ms. SPEIER. Mr. Speaker, I rise liberty. It protects the beliefs and Governor Mario Cuomo, a man who saw today in strong opposition to H.R. 1837, health of all American women and fam- the duality in being a legislator and a the so-called San Joaquin River Reli- ilies. man of faith, once noted that ‘‘all reli- ability Act. This bill should be called In the spirit of Women’s History giously based values don’t have an a the San Joaquin River Runs Dry Act. Month, I ask that we put an end to this priori place in our public morality.’’ I It will literally divert water from fish- partisan bickering and focus on achiev- think my colleagues have forgotten ing and farming communities in Cali- ing better women’s health. that message in recent days when it fornia and send it right into the open arms of agribusiness. f comes to women’s health, ignoring the important impacts that access to con- The author and backers of this bill STOP DEFICIT SPENDING traceptives can mean for women. don’t want a sustainable water policy for California. Instead, they want to (Mr. CHAFFETZ asked and was given Contrary to what some of my col- leagues may believe, contraception is overturn a century of California law permission to address the House for 1 that protects healthy waterways for minute and to revise and extend his re- not a cheap, easily accessible solution for all women. An objective, non- fish, crops, and drinking supplies. marks.) This bill should be called the GRAB Mr. CHAFFETZ. For 4 consecutive partisan panel developed recommenda- tions for contraceptive coverage paid Act, Give Rights to Agribusiness. It years, President Obama has introduced represents an unprecedented intrusion a budget with a $1 trillion deficit—4 for by religiously affiliated employers. The Obama administration adopted on States’ water rights by the Federal years in a row. This has never hap- Government. This goes beyond Cali- pened in our Nation’s history. new regulations based on these rec- ommendations. fornia and would affect water policy Well, how much is $1 trillion? If you across the Western States. spent $1 million a day every day, it These regulations were not designed to jeopardize anyone’s religious free- Taking water away from farmers and would take you almost 3,000 years to fishermen struggling to make ends get to $1 trillion. No longer can we do dom. These regulations were designed to protect the health needs of women, meet is bad for our economy and bad this. We’re paying more than $733 mil- for our country. I urge my colleagues period. We should be doing everything lion a day in interest on our national to protect States’ rights, to support possible to support women’s health, debt. We deficit spend something like farming and fishing families, and vote not attacking women for demanding $4 billion a day. against this extreme overreach of a better health care. Ladies and gentlemen, we cannot sus- bill. f tain the spending that we have. Our f Nation is going bankrupt. It is impera- ACCESS TO CONTRACEPTION tive that this Congress get a grip on its ACCESS TO WOMEN’S HEALTH (Ms. DELAURO asked and was given SAVES LIVES fiscal future and put forward a budget permission to address the House for 1 (Ms. JACKSON LEE of Texas asked that is responsible and over the course minute and to revise and extend her re- and was given permission to address of time will actually balance our books marks.) and pay off the national debt. the House for 1 minute.) Ms. DELAURO. Mr. Speaker, 25 years Ms. JACKSON LEE of Texas. Yester- f ago I was diagnosed with ovarian can- day, Mr. Speaker, I had the privilege of cer. I was lucky, had excellent doctors b 1230 meeting with leaders who treat women who detected the cancer by chance in as OB/GYNs from Baylor College of Stage 1. I am alive today by the grace ATTACKS ON WOMEN’S HEALTH Medicine and from St. Joseph Hospital of God and biomedical research. Many in Houston, Texas. They acknowledged (Mrs. CAPPS asked and was given women today are not so lucky. the importance of access to women’s permission to address the House for 1 Ten women in the U.S. are diagnosed health care. minute and to revise and extend her re- with a gynecological cancer every In a hearing in Judiciary, a very re- marks.) hour, and yet we know that using con- nowned doctor, an OB/GYN, indicated Mrs. CAPPS. Mr. Speaker, I rise traception for a year reduces the risk that thousands of women are impacted today in opposition to the extensive at- of ovarian cancer by 10 to 12 percent, with respect to cervical cancer by hav- tacks made on women’s health in re- using it for 5 years reduces that risk by ing access to contraceptives and to be cent weeks. roughly 50 percent. Twenty-six thou- able to be treated properly. We have seen an almost unprece- sand women will die from these terrible Let me be very clear: Now, with the dented number of attacks on women’s cancers each and every year. This is established compromise, no religious access to health care, reproductive op- just one of the ways that access to con- institution will have to pay any tions, and even prenatal care. From a traception is beneficial to women’s money. One of the witnesses who hap- hearing on women’s health that in- health. pened to be a bishop said, That’s fine; cluded a panel with no women wit- Improved access to birth control is I’m not interfering with what some nesses, to public statements dimin- directly linked to declines in maternal woman does elsewise. ishing the importance of women’s ac- and infant mortality and helps to re- So why do we have this crisis? We cess to a full range of preventive health duce unintended pregnancies. It signifi- have a settlement to resolve—the pro- services, to accusations that prenatal cantly reduces a woman’s risk of tection of religious liberty and the pro- testing is in some way a pathway to endometrial cancer. That is why, after tection of women’s rights. abortions, it has been open season on an impartial and comprehensive review May I quickly indicate that just re- women’s health. This is not acceptable. of the scientific data, the Institute of cently I introduced H.R. 83 that has to We need to trust women to know Medicine made the decision to include do with preventing bullying. And with what is best for their families and for contraception among covered preven- the tragic incidences of the last 48 themselves, and those of us in Congress tive services under the Affordable Care hours—now three young people dead— should always have their best interests Act because contraception is very it’s time again for this House to move in mind. Women do not deserve to have much part of women’s health. It can again on a bill that deals with best their health used as a political foot- help prevent ovarian cancer. It can practices to help our schools under- ball. save women’s lives. stand how to help our children.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2496 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 I look forward to this legislation order printed in the report, may be offered my constituents, and our country had moving forward. I also look forward to only by a Member designated in the report, in mind was not, in fact, his retire- acknowledging that access to women’s shall be considered as read, shall be debat- ment. That will be a tremendous loss able for the time specified in the report health saves lives. Let’s save lives. equally divided and controlled by the pro- to this body. f ponent and an opponent, shall not be subject DAVID DREIER is a proud institution- to amendment, and shall not be subject to a alist, somebody who has capably served MAKING IN ORDER CONSIDER- demand for division of the question in the the country, has been a friend and ATION OF HOUSE RESOLUTION House or in the Committee of the Whole. All mentor to me, first as ranking member 562, DIRECTING OFFICE OF HIS- points of order against such amendments are and now chair of the powerful Rules TORIAN TO COMPILE ORAL HIS- waived. At the conclusion of consideration of Committee, and somebody that I’ve TORIES FROM MEMBERS IN- the bill for amendment the Committee shall had the opportunity and the privilege rise and report the bill to the House with VOLVED IN ALABAMA CIVIL to work with on a number of bipartisan RIGHTS MARCHES such amendments as may have been adopted. Any Member may demand a separate vote in issues around trade and U.S.-Mexico re- Mr. BISHOP of Utah. Mr. Speaker, I the House on any amendment adopted in the lations. ask unanimous consent that it shall be Committee of the Whole to the bill or to the His retirement will constitute the in order at any time through the legis- amendment in the nature of a substitute loss of not only a wealth of knowledge lative day of March 1, 2012, to consider made in order as original text. The previous but of a tireless and dedicated and hon- question shall be considered as ordered on orable public servant, and I hope that in the House House Resolution 562; the the bill and amendments thereto to final resolution be considered as read; and passage without intervening motion except he continues to find opportunities to the previous question be considered as one motion to recommit with or without in- serve the public, as he truly has much ordered on the resolution and preamble structions. more to give and is too young to call it to adoption without intervening mo- The SPEAKER pro tempore. The gen- quits. I hope that, at the end of this tion or demand for division of the ques- tleman from Utah is recognized for 1 session, his retirement from this body tion except 1 hour of debate equally di- hour. will be a new beginning for our chair. vided and controlled by the majority Mr. BISHOP of Utah. Mr. Speaker, I rise today with great concern over leader and the minority leader or their for purposes of debate only, I yield the this bill’s impact on my home State respective designees. customary 30 minutes to the gen- and its number one resource and The SPEAKER pro tempore. Is there tleman from Colorado (Mr. POLIS), scarcest resource in issue, water. You objection to the request of the gen- pending which I yield myself such time know, we have an old saying in the tleman from Utah? as I may consume. During consider- West that ‘‘whiskey is for drinking and There was no objection. ation of this resolution, all time yield- water is for fighting.’’ f ed is for the purpose of debate only. I think, Mr. Speaker, we’re going to This resolution provides a structured see some of that fighting here on the PROVIDING FOR CONSIDERATION rule for the consideration of H.R. 1837. floor of the House tonight, and I would OF H.R. 1837, SACRAMENTO-SAN It’s entitled the Sacramento-San Joa- argue that this isn’t the appropriate JOAQUIN VALLEY WATER RELI- quin Valley Water Reliability Act and venue to settle inter-California dis- ABILITY ACT provides for 1 hour of general debate, putes that have long been settled Mr. BISHOP of Utah. Mr. Speaker, by equally divided and controlled by the through case law and settlements. direction of the Committee on Rules, I chairman and the ranking member of Water fights are long, expensive, tir- call up House Resolution 566 and ask the Committee on Natural Resources. ing, but, you know, they’ve led to an for its immediate consideration. This is a bipartisan bill that came established and workable framework The Clerk read the resolution, as fol- from our committee on a bipartisan within which States and localities have lows: vote. operated for years. H. RES. 566 b 1240 Mr. Speaker, this bill is not just about California. This bill has far- Resolved, That at any time after the adop- In like manner, the Rules Committee tion of this resolution the Speaker may, pur- has decided to make this a bipartisan reaching implications for nearly 17 suant to clause 2(b) of rule XVIII, declare the amendment process because we made other States, including my own State House resolved into the Committee of the in order all amendments filed at the of Colorado. This bill would override Whole House on the state of the Union for Rules Committee which were germane, the century-long legacy whereby the consideration of the bill (H.R. 1837) to ad- which complied with the House rules. I Bureau of Reclamation respects each dress certain water-related concerns on the State’s legal ability to control, appro- San Joaquin River, and for other purposes. think this is very fair, and it’s a gen- erous rule to talk about a bill that has priate, use, and distribute irrigation The first reading of the bill shall be dis- water. Because of this, more than sev- pensed with. All points of order against con- support on both sides of the aisle. sideration of the bill are waived. General de- With that, I reserve the balance of eral dozens letters from stakeholders bate shall be confined to the bill and shall my time. in opposition to this legislation, in- not exceed one hour equally divided and con- Mr. POLIS. Mr. Speaker, I thank the cluding the nonpartisan Western trolled by the chair and ranking minority gentleman for yielding me the 30 min- States Water Council and the States of member of the Committee on Natural Re- utes, and I yield myself such time as I Colorado, Wyoming, and Oregon, have sources. After general debate the bill shall be may consume. all been received by the Natural Re- considered for amendment under the five- I’d like to begin by acknowledging sources Committee. minute rule. In lieu of the amendment in the Mr. Speaker, I submit for the RECORD nature of a substitute recommended by the the service of DAVID TIMOTHY DREIER Committee on Natural Resources now print- to this House of Representatives and to a letter in opposition from my home ed in the bill, it shall be in order to consider this country. There will be many more State of Colorado. as an original bill for the purpose of amend- opportunities prior to his departure to COLORADO DEPARTMENT ment under the five-minute rule an amend- acknowledge his work for his country, OF NATURAL RESOURCES, ment in the nature of a substitute consisting but our chairman today announced Denver, CO, August 19, 2011. of the text of Rules Committee Print 112 15. that he will be retiring at the end of Hon. TOM MCCLINTOCK, Chairman, That amendment in the nature of a sub- Subcommittee on Water and Power, House Com- this session. Chairman DREIER said: stitute shall be considered as read. All points mittee on Natural Resources, Longworth of order against that amendment in the na- We all know that this institution has an House Office Building, Washington, DC. abysmally low approval rating, and the ture of a substitute are waived. No amend- Hon. GRACE NAPOLITANO, Ranking Member, ment to that amendment in the nature of a American people are asking for a change in Subcommittee on Water and Power, House Com- substitute shall be in order except those Congress. So I am announcing today that I mittee on Natural Resources, Longworth printed in the report of the Committee on will leave Congress at the end of the year. House Office Building, Washington, DC. Rules accompanying this resolution. Each I would like to reassure my chairman DEAR CHAIRMAN AND RANKING MINORITY such amendment may be offered only in the that the change the American people, MEMBER, COMMITTEE ON NATURAL RESOURCES:

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2497 The State of Colorado would like to join those reached by the California legisla- the gentleman from Colorado and my- with the Western States Water Council ture on the Bay-Delta, all while impos- self work in a bipartisan manner. We’re (WSWC) in an expression of unified opposi- ing unintended consequences and bur- both cochairs of the Mexico-U.S. Cau- tion to House Resolution 1837, the ‘‘San Joa- quin Water Reliability Act’’. The State con- dens on other States. This bill simply cus. We’ve worked hard on that, and I curs that this Act is an ‘‘unwarranted intru- isn’t true to our values of local control. would hope that the gentleman from sion on the rights of the states to allocate Unfortunately, Mr. Speaker, the Colorado would listen to the debate and administer rights to the use of state committee has refused to address many today because I think after we listen to water resources.’’ Furthermore, in light of issues with this bill and how it will im- the debate—I understand some of the the current atmosphere of cooperation and pact the West. Now, that’s not because concerns that he raises. amiability between the Western states and the committee was unaware of the But as Mr. BISHOP pointed out, the Federal agencies, this Act could detract problems. In fact, the testimony on Rules Committee was very gracious to from the hard work and efforts that have gone into the evolution of Western water law June 2 of John Laird, the Secretary for allow all the amendments on the Dem- and policy. the Natural Resources Agency of Cali- ocrat side and the Republican side to The development of water law in the arid fornia, reminded the subcommittee of be offered and accepted to be debated West has been a long incremental process, Justice Rehnquist’s opinion in the 1978 here on the floor. So I would just urge involving ratification of treaties, negotia- case, California v. United States, where my colleague, with whom we work to- tion of interstate compacts, and litigation Justice Rehnquist wrote: gether on numerous other issues in this before the United States Supreme Court. To Congress, that we find today a way to allow this Act to proceed would have the ef- The history of the relationship between fect of throwing a proverbial ‘‘monkey the Federal Government and the States in come together in a bipartisan manner. wrench in the machinery’’, especially in re- the reclamation of the arid lands of the Hopefully, the gentleman from Colo- gards to current projects, such as the Bay Western States is both long and involved, rado will listen to all the facts as Delta Conservation Plan, a bipartisan deal but through it runs the consistent thread of they’re presented. reached by the California Legislature. purposeful and continued deference to State Mr. Speaker, after decades of Cali- water law by Congress. The testimony on June 2 of John Laird, fornia water being controlled by the Secretary for the Natural Resources Agency Mr. Speaker, this bill does the exact Federal Government, Congress can con- of California, reminded the Subcommittee of opposite. The Western States Water Justice Rehnquist’s opinion in the 1978 case clude one thing: flushing water into Council wrote to express their strong the San Francisco Bay is not helping California v. United States: ‘‘The history of opposition to H.R. 1837 as an ‘‘unwar- the relationship between the Federal Gov- to recover species, and people are suf- ernment and the States in the reclamation ranted intrusion on the rights of States fering needlessly. of the arid lands of the Western States is to allocate and administer rights to We’re going to hear a lot from oppo- both long and involved, but through it runs the use of State water resources.’’ nents about this bill, about science. I the consistent thread of purposeful and con- Mr. Speaker, this bill would set a want to start right off the bat and tinued deference to state water law by Con- dangerous precedent of preempting make one thing clear: we’re supporting gress.’’ State water rights, leaving other sound science with H.R. 1837, and we For these reasons, and the reasons stated States vulnerable to this kind of Fed- in the Western States Water Council cor- are rejecting junk science that has respondence and resolution passed on July eral infringement, effectively letting long been foisted on the people of Cali- 29, 2011, the State of Colorado opposes the Representatives from New York, from fornia, junk science the Federal court passage of House Resolution 1837. Michigan, from Florida and from Texas has labeled the unlawful work of zeal- Regards, vote on California water. And I know ots. MIKE KING, as the Representative from Colorado, I It is important for me to impress Executive Director, wouldn’t want the shoe to be on the Colorado Department of Natural Resources. upon the House, the opponents of H.R. other foot and having Representatives 1837 do not possess scientific high In this letter that I submitted to the from across the country deciding what ground, as they are all but certain to RECORD from my home State of Colo- we do with our water. allege. Their experts, and the activists rado, our Natural Resources Depart- Finally, this bill would erode any ef- masquerading as experts who support ment wrote: forts in the multistate work to recover them, have been biased from the begin- The development of water law in the arid listed salmon species along the West ning and have molded their work to West has been a long incremental process, Coast, with immense impact to local produce the findings that best suit involving ratification of treaties, negotia- economies and fisheries. It would pre- tion of interstate compacts, and litigation their radical agenda. empt California State law, which is before the United States Supreme Court. To b 1250 allow this Act to proceed would have the ef- why the California Natural Resources fect of throwing a proverbial ‘‘monkey Secretary has written in opposition to We can say this with certainty that wrench in the machinery.’’ this bill, and why the California Attor- this agenda has not improved the fish And so today, under this rule, this ney General is also opposed. populations. If that were true, we House will be considering, with one I encourage my colleagues to join me would not be here today. broad, sweeping stroke of the Federal in a ‘‘no’’ vote on the rule and the un- Mr. Speaker, the U.S. District Court legislative brush, numerous unintended derlying legislation. has thrown out the biological decisions consequences that will undo the exist- I reserve the balance of my time. used to justify the horrible regulations ing framework, wiping away decades of Mr. NUNES. Mr. Speaker, will the that cut off water supplies to families settled water law, wiping away relative gentleman yield for a colloquy, please? throughout California. The court’s de- certainty, to the detriment of our The SPEAKER pro tempore. The gen- cision was a shocking indictment of Western States and to the sole benefit tleman from Colorado controls the the kind of government operating in of attorneys. time. America today when it comes to our Mr. Speaker, I know that many of us Mr. POLIS. I reserve the balance of environmental laws. The U.S. District in this body are concerned about frivo- my time. Court judge said, I’ve never seen any- lous lawsuits and States rights. Any- Mr. BISHOP of Utah. Mr. Speaker, at thing like it. He went on to say that body who shares my concerns about this time, I yield 5 minutes to the gen- government scientists acted like zeal- States rights and frivolous lawsuits tleman from California (Mr. NUNES), ots and had attempted to mislead and should join me in opposing this bill. who is the sponsor of this bipartisan to deceive the court into accepting This legislation will open up a century piece of legislation, to talk about his junk science. of water law to new litigation across particular underlying bill. These are powerful statements by the the West. If you ask me, that’s the def- Mr. NUNES. Mr. Speaker, I was ask- Federal court and should give anyone inition of needlessly frivolous lawsuits. ing my good friend from Colorado to who believes in due process, open gov- This bill imposes Federal law over bi- enter into a colloquy with me, and ernment, and justice a cause for con- partisan local agreements, in this case that’s okay. But I do want to say that cern.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2498 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 But the band has marched on without rule so we can move on to the debate so Mr. BISHOP of Utah. Mr. Speaker, I missing a beat; and instead of dis- we can finally restore sanity to Califor- had the honor of attending a public ciplining these scientists, the Fish and nia’s water system. hearing in California with the gen- Wildlife Service actually gave them an Mr. POLIS. Mr. Speaker, it’s my tleman to my right from California. It award for outstanding service under honor to yield 3 minutes to the gentle- was an honor to listen to these people, pressure. woman from California, a former mem- and I’m pleased to yield 5 minutes to The arrogant disregard for public ber of the Rules Committee, Ms. MAT- the chairman of the subcommittee that trust didn’t stop there. Just yesterday, SUI. worked through this bipartisan bill, the President issued a veto threat, es- Ms. MATSUI. I thank the gentleman Mr. MCCLINTOCK. sentially doubling down on the dis- for yielding me time. Mr. MCCLINTOCK. I thank the gen- honest smear campaign accusing House Mr. Speaker, I rise in strong opposi- tleman for yielding. Republicans, and I believe many Demo- tion to this rule and to this bill. The Mr. Speaker, in 2009 and again in crats, of doing just the sort of thing issue of water in California has been 2010, hundreds of billions of gallons of that his administration has been found debated for many decades because it is contracted water were expropriated guilty of by a Federal court. such a critical issue for our States. As from California farms and instead Mr. Speaker, we are not ignoring the a daughter of a California Central Val- dumped into the Pacific Ocean in the latest science in favor of special inter- ley farmer, I grew up on a farm; and I name of the delta smelt. ests. We are not the people who are deeply understand the value of and the This tragic policy fallowed hundreds sending zealots into the Federal court controversy over water. of thousands of acres of some of the Being able to plan the next growing to lie in the defense of junk science. We most fertile and productive farmland season is critical for farmers. Unless are not the people rigging regulations in America. It threw thousands of they can count on the water being pro- to favor a small minority of special in- hardworking families into unemploy- vided, there is no assurance for their terest groups. ment. It devastated communities crops. Now, in northern California, we The agenda of junk science governing throughout the region, and it created have balanced our watershed. We have the bay delta is indefensible. Just as the spectacle of unemployed farm provided water for our farms, our cit- the Federal court had said, it’s dis- workers standing in food lines to re- ies, and our sensitive habitats in a way honest. ceive carrots imported from China in a that we can have sustainability. But Congress needs to ask itself, who are region that, just a short time before, this legislation throws out the ability these people that come up with these had produced much of American-grown of the people of California to decide things? Who are they? fruits and vegetables; and it contrib- their own water future. uted to rising grocery prices that fami- I think the Congress will be inter- Mr. Speaker, any real solution to ested to find out that one of the leaders lies felt far beyond the congressionally California’s water issues will need to be created dust bowl of California’s Cen- just weeks ago, a guy by the name of crafted with consensus within Cali- Dr. Peter Gleick, he spent his career tral Valley. fornia, not in a partisan manner on the In the last Congress, the then-minor- trying to dry up farmland in rural com- House floor the way H.R. 1837 has been ity Republicans begged and pleaded for munities throughout California; and, in written. hearings to address this catastrophe. fact, he’s even testified before Congress This legislation purports to have the The majority turned a deaf ear. to this. But Dr. Gleick is an activist. support of northern California, but I’m Last year, we returned as the new He’s an activist who poses as a sci- here to tell you that nothing could be House majority to take testimony on entist. further from the truth. My district, the what could be done to correct this dis- Just a few weeks ago, he admitted to Sacramento region as a whole, the five aster. The result of those hearings is impersonating another person and delta counties, are among countless the bill by Mr. NUNES that this rule stealing information from a nonprofit. others who oppose this bill, and the list brings to the floor. He then mingled that stolen informa- continues to grow. This bill restores the water alloca- tion with a fake memo in an effort to Some of the strong concerns include tions established under the historic discredit his intellectual critics. Radi- the loss of the State’s right to manage Bay-Delta Accord in 1994. When that cals like Dr. Gleick lie; they make it its own water, the decimation of envi- agreement, commanding broad bipar- their mission to destroy scientists who ronmental protections for our Sac- tisan support, was signed, Interior Sec- do not agree with their twisted, anti- ramento-San Joaquin Delta, the ability retary Bruce Babbitt assured all par- human views. to manage the Folsom Dam reservoir ties: Meanwhile, they are used by some in for the benefit of the lower American A deal is a deal. And if it turns out that this House as an excuse to take peo- River, and, most importantly, the over- there is a need for additional water, it will ple’s water away, to take their private all instability that this bill would cre- come at the expense of the Federal Govern- property rights away, to dry up farm ate in California. The idea of usurping ment. land and, worst of all, to justify human the rights of States to control their The water diversions shattered that suffering. own water is incredibly damaging, not promise. This bill redeems it. Mr. Speaker, people in our Nation’s only to the Sacramento area but to The Federal Central Valley Project is bread basket are standing in food lines, California and even to our country. part of a coordinated operating agree- and they’re getting carrots that have For those of our colleagues who rep- ment with the State Water Project at been imported from China. resent areas outside of California and California’s request and consent. The The SPEAKER pro tempore. The plan to support the bill because they two are inseparable. In order to protect time of the gentleman has expired. may not impact your State, I have the water rights of every Californian, Mr. BISHOP of Utah. I yield the gen- news for you. This is not just about this bill brings the full force of Federal tleman an additional 30 seconds. California. H.R. 1837 will set a prece- law to protect those rights so that Mr. NUNES. Mr. Speaker, their sac- dent that will create a domino effect so there is no ambiguity. This protection rifices have done nothing to improve that it could happen next in Utah, Col- has earned this provision the support the environment. Fish populations orado, Nevada, Texas, and so forth. We of the Northern California Water Asso- have declined, and I think what we will don’t need Federal legislation that ciation, representing the water dis- prove today here in the Congress is only creates more problems for an al- tricts that serve the farms and commu- that there is a better path forward, and ready intractable problem. We cannot nities and families throughout the H.R. 1837 provides that path forward. afford to give up California’s right to areas of origin in California. So I would urge not only my Repub- control its own water future. The My opponents just said this preempts lican colleagues but also my Democrat stakes are just too high. State water rights. It doesn’t preempt colleagues to listen to the evidence, I urge my colleagues to strongly re- State water rights. It specifically in- and I would urge them to vote for this ject this legislation. vokes and protects State water rights

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2499 against infringement by any bureauc- made a series of proposals to help small serious issues regarding the credibility racy—local, State, or Federal—a legiti- businesses and big businesses create behind the rule, itself. What I do know mate constitutional function of the jobs for the American people. is that, by passing this bill today, we Federal Government established under Only one element of that jobs plan basically push the restart button so the 14th Amendment and made essen- has been dealt with, belatedly, which is that the entities that are hurt and the tial by the terms of the State-approved the extension of the middle class tax environmentalists can work together joint operating agreement of these cut. There has been no vote on a bill to for an appropriate balanced rule that intertwined water systems. create construction jobs, on the re- protects people’s livelihoods as well. building of our libraries and schools; no b 1300 This should be a bipartisan bill. It vote on a bill to cut taxes for small came out of committee as a bipartisan The bill also restores common sense businesses that create jobs; no vote on bill. This is exactly the type of thing and practicality to protections for en- bills that would put our police officers that we should be working together dangered native species like salmon and firefighters back on the job or our and across the aisle on, and I would en- and the delta smelt. One of the great- teachers back in the classroom. courage my friends on the Democratic est threats to these endangered native Nothing. side of the aisle to join with us in pass- species is nonnative invasive predators Now, the bill that is before us today ing this bill. like the striped bass. Indeed, it is com- is very important, not just for Cali- Mr. POLIS. I yield 2 minutes to the mon to find striped bass in the Sac- fornia but for the country, and it is gentleman from California (Mr. COSTA). ramento Delta gorged with endangered something that needs to be taken up. I Mr. COSTA. I thank the gentleman salmon smolts and delta smelt. This respect all views on all sides, but I from Colorado for yielding. bill allows open season on these preda- think it’s time that the House leader- Mr. Speaker, I rise today in support tors, and it encourages the use of fish ship respected the urgent economic of the rule providing for the consider- hatcheries to assure the perpetuation problems of this country. ation of H.R. 1837. of thriving native populations of salm- Since the President came here, there California’s water system is broken. on and smelt. has been another increasingly urgent For too long, the San Joaquin Valley, It replaces the cost-prohibitive provi- economic problem, which is the manip- which many of us represent, has borne sions of the San Joaquin River Settle- ulation of gasoline prices by specu- the brunt of the water challenges fac- ment Act, which contemplates spend- lators, and Americans are seeing the ing our State. We have a water system ing an estimated $1 billion to achieve consequences of this at the pump every designed for 20 million people. We have the stated goal of establishing a popu- day. Members on our side have some 38 million people today living in Cali- lation of 500 salmon below the Friant ideas to stop this speculation and to fornia. By the year 2030, we could have Dam. That comes to $2 million per in- stop the pillaging of the wallets of 50 million people. My district was and dividual fish. This bill replaces the ab- American consumers at the gas pumps is ground zero for the hydrological and surd mandate of a year-round cold every day. Not surprisingly, that’s not regulatory drought that occurred in water fishery on the hot valley floor coming up for a vote either. 2009 and 2010. I was in the food lines in with a warm water fishery that actu- The priorities of the House are mis- which farmworkers, sadly, found them- ally acts in concert with the habitat. It aligned with the priorities of the Amer- selves because there wasn’t sufficient removes disincentives in current law ican people. Let’s put on this floor leg- water to employ them. that discourage groundwater banking islation that creates jobs and that My constituents who rely on water in wet years. It allows for the recycling gives relief to our people at the fuel for their livelihoods are looking to of environmental flows by commu- pumps. nities once they’ve achieved their envi- Mr. BISHOP of Utah. I appreciate the Congress to see that we are listening ronmental purpose. gentleman from New Jersey’s com- and that we care to work on real solu- Mr. Speaker, the movement for ments. I would remind him also that tions that impact their futures. The stronger environmental protections the CVPIA, the bill that started this politics of water are not new in Cali- began over legitimate concerns to pro- problem, was actually authored by the fornia nor in the West. They’ve existed tect our vital natural resources; but Senator from New Jersey at the time, for decades. I would hope that at some like many movements, as it succeeded and I appreciate that. This is one of point we could put the politics aside. in its legitimate ends, it also attracted those things we are trying to fix. This debate is too important. It has a self-interested constituency that has I gladly yield 1 minute to the gen- been put off for too long. driven far past the borders of common tleman from Nebraska (Mr. TERRY). For the farmers, the farmworkers, sense and into the realms of political Mr. TERRY. First, I want to mention and the farm communities that I rep- extremism and outright plunder. to my friend from New Jersey that we resent, I urge my colleagues to support This bill replaces the cost-prohibitive have several bills, including that of the this rule on a bipartisan basis. and unachievable dictates that caused Keystone pipeline, sitting over in the Mr. BISHOP of Utah. With gratitude so much human suffering in California Senate. They’re bills that will create to the last speaker, this may be about with workable, affordable, and realistic tens of thousands of jobs, maybe hun- California water, but it impacts all of measures based on real science and not dreds of thousands of jobs. Yet it does us who eat, and as you can tell, I am on what one Federal judge rightly not seem that HARRY REID would like one who does that very well. called the ‘‘ideological zealotry’’ of to bring those to the floor, so we are I yield 2 minutes to the gentleman rogue bureaucrats. doing our job here. from Michigan (Mr. MCCOTTER). This debate will determine if we are Mr. Speaker, this bill today is about Mr. MCCOTTER. I rise in support of about to enter a new era when common creating, really, a new environment for the rule and the underlying bill, a bill sense can be restored to our public pol- job creation in recognizing the human which is a piece of bipartisan legisla- icy and when a sensible balance can be suffrage that has occurred in the Cen- tion that was introduced not to serve restored between environmental and tral Valley. I visited out there almost mere partisans but to serve real people, human needs. I welcome that debate, 2 years ago and saw the level of em- not to promote one’s party but to pro- and I ask for the adoption of the rule ployment and the human impact of mote everyone’s prosperity. to bring it forth. this Federal mandate upon California I say this in a true spirit of inclusion Mr. POLIS. It is my honor to yield 2 under the Endangered Species Act. as someone who comes from a manu- minutes to the gentleman from New The SPEAKER pro tempore. The facturing State, as one whose auto Jersey (Mr. ANDREWS). time of the gentleman has expired. companies stared into the abyss of po- Mr. ANDREWS. I thank my friend for Mr. BISHOP of Utah. I yield the gen- tential bankruptcy. It was a bipartisan yielding. tleman an additional 30 seconds. coalition that helped to save it and a 174 days ago, the President of the Mr. TERRY. I don’t know about the policy that was put forward by a Re- United States came to this floor and court case where it really raised some publican President named Bush and

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2500 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 continued by a Democratic President Where else would you take America in this country in terms of mortgages named Obama. back to 1994 in terms of imposing the and the loss of the people who were Today, we must come together in a will of the Congress on the States, and working in those trades. similar bipartisan fashion, for there is that’s why almost all of the Western But that drought was still felt across a federally dictated drought in the San States, their water agencies, their ex- the State. Thousands of people lost Joaquin Valley, one that devastates ecutive offices, oppose this legislation, their jobs in tourism in northern Cali- farmers and all of our fellow Americans because this is the greatest preemption fornia, in commercial fisheries, in rec- who live and who, if they can, work of State water rights in the history of reational fisheries, in the bait shops there. this country. and the support services all across our To me, as someone who has watched The people who are supporting this, State. That drought was an equal de- and lived with my constituents these heavily subsidized farmers who stroyer of this California economy through such an experience, I see no have more than one or two or three from north to south. choice but for the Federal Government subsidies from the Federal Government Don’t wreck this opportunity for to rectify its legislatively imposed to grow their crops, are now insisting California to settle California’s prob- drought and to allow the people of the that the Federal Government take lems. San Joaquin Valley the same rights what is a contract right. It’s a contract Mr. BISHOP of Utah. I reserve the that we have to pursue our prosperity right, that’s it. They want to turn it balance of my time. Mr. POLIS. Mr. Speaker, if we defeat and continue to keep the fruits of our into perpetuity. They want the water the previous question, I will offer an labor without the heavy hand of gov- in perpetuity, and the hell with the amendment to the rule to provide that ernment coming in and making it more rest of the State of California. That ob- immediately after the House adopts difficult for us to pursue and to create viously isn’t acceptable. this rule, it will bring up H.R. 964, the a better life for ourselves and for our The SPEAKER pro tempore. The Federal Price Gouging Prevention Act. children. time of the gentleman has expired. Mr. ANDREWS mentioned that, rather Mr. POLIS. I yield the gentleman an b 1310 than discussing this, why aren’t we additional 1 minute. tackling the big issues of the day, such Finally, on a note, I know that these Mr. GEORGE MILLER of California. as gas prices? Well, my colleague from are very contentious times, and one of That is not acceptable to any Member New York (Mr. BISHOP) has a proposal the underlying issues regarding this of this Congress about their own State. to do just that. bill is the Endangered Species Act. But Why is it acceptable all of a sudden to I yield 21⁄2 minutes to the gentleman whether you are wholeheartedly for the do that to the State of California? from New York (Mr. BISHOP) to talk Endangered Species Act or whole- You simply cannot do this. We have heartedly opposed, can we agree on one about his proposal. in place a process that is working Mr. BISHOP of New York. I thank thing? The Endangered Species Act ex- today for the first time in 40 years, and the gentleman for yielding. ists to preserve wildlife, not to impov- that’s why the resources director of the Mr. Speaker, I rise in opposition to erish human life. State of California, that’s why both of this rule and urge the House to defeat Mr. POLIS. Mr. Speaker, I yield 2 our Senators oppose this process, be- the previous question so we can bring minutes to the gentleman from Cali- cause this group of people had never to the floor today my bill that would fornia (Mr. GEORGE MILLER). come together in the last 40 years to have an immediate impact on lowering Mr. GEORGE MILLER of California. work on California problems. gas prices. I thank the gentleman for yielding, and The urban users, the rural users, the Leap day arrives more often than a I rise in opposition to the rule, and I agricultural interests, the manufac- Republican energy plan. A year ago, rise in opposition to the legislation. turing interests, the municipal inter- when it became clear that the Repub- There is going to be an argument ests, with the blessings of the State lican leadership wouldn’t help Ameri- today about science. This bill makes it legislature that set out the guidelines, cans fight rising gas prices, I intro- very simple. It ends that argument. It that set out the goals, that set out the duced a bill that this motion is mod- simply says that we will use the purposes—that’s going on today. Every eled after to crack down on specula- science that was in effect in 1994. party to that agreement except for this tion, which forces prices up artifi- We use the science that’s what, 18 select few of special interests. This cially. years ago? That will be the science for party is the only party thatsays ‘‘blow This legislation makes it illegal to the purposes of this legislation. You it up.’’ Use the United States Congress sell gasoline at excessive prices and might as well tell the people of Cali- to blow up a process that for the first prevents Big Oil from taking advantage fornia to use the same telecommuni- time has the possibility of solving the of consumers by manipulating prices. cations systems they had in 1994, no water problems in this State and mak- This is real help for consumers in a iPhones, no BlackBerries, no advance- ing it sustainable for agriculture, for tough economy. ment in knowledge, skills, training, or the environment, for manufacturing, Domestic oil output is the highest technology. and for municipal use in our State. it’s been for 8 years. In fact, we’ve be- It’s a pretty simplistic approach to Yes, we have a tough problem. We have come a net exporter of gasoline, unable science. You might say it’s mindless. 30 million people. The drought that to consume all that we produce. And The Federal Government is going to they talk about, that was imposed. yet it’s clear speculators are behind come in and tell the State of California The SPEAKER pro tempore. The the spike in prices. They will never that it cannot use its regulatory proc- time of the gentleman has again ex- take delivery of oil, but they make up ess or scientific process to determine pired. 64 percent of the market. what’s best for its State. Mr. POLIS. I yield the gentleman an When speculators place their bets As the Attorney General of our State additional 30 seconds. that prices will rise, it follows that ac- says and the Supreme Court says, the Mr. GEORGE MILLER of California. tual prices will rise. They have for 21 Federal Government simply cannot That was a Statewide drought. Yes, straight days. In that time, the aver- commandeer the legislatures of the they lost some employment in farm age price per gallon went up 60 cents in States, but that’s what this legislation work, but, in fact, agricultural employ- my district. does. I love the fact that we have peo- ment, even through the drought, was Still the Republican leadership has ple here with wonderful conservative pretty stable. yet to address market manipulation or credentials who are now suggesting the The big employment in the Central turn off the spigot of subsidies for Big Federal Government should preempt Valley came because we were selling Oil, which made a record-high $137 mil- California law, preempt the California homes to people who couldn’t pay for lion in profits last year. That’s up 75 Legislature, preempt the Federal law, them. That was the crash. It was first percent from the profits they realized and go back to 1994. place and the longest crash that we had in 2010.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2501

We could invest in an energy plan amendments were made in order, and CARDOZA’s district, in my district, and that further expands domestic produc- the only one that was not made in in many of the districts throughout the tion, develops renewable sources, and order had a question of its germaneness Central Valley. forges a long-term strategy that weans to the body here. Before you start to ignore many of us off Middle Eastern oil and protects I am pleased to yield 3 minutes to the our agriculture acres and many of the consumers from rising gas prices over gentleman from California (Mr. jobs that go with it, let’s come to- the long run. Mr. Speaker, let’s make a DENHAM), who does have a germane gether in a bipartisan fashion as we’ve leap to support American families amendment that will be debated later done in the committee level, as we’ve while striking at the heart of rising on on the floor. done elsewhere within the State, but American gas prices. Mr. DENHAM. Thank you. I appre- making sure that Republicans and To that end, I urge my colleagues to ciate the opportunity to talk on this Democrats are working together and, support this motion. not only in support of the rule, but in more importantly, that the House and Mr. BISHOP of Utah. I reserve the support of the bill. This is something Senate are working together. balance of my time. we went through in committee with I give a great deal of praise to the au- Mr. POLIS. Mr. Speaker, I yield 2 very great debate, but it goes well be- thor of the bill, Congressman NUNES, minutes to the gentleman from Cali- yond the debate of committee. for getting a regional perspective for fornia (Mr. GARAMENDI). We’ve debated this in the State of Mr. GARAMENDI. Mr. Speaker, I this, getting north and south and cen- California for many, many years, if not want to talk about two issues here, one tral California to actually work to- decades now. To have Members from of which was discussed by my colleague gether. That is a tremendous accom- from California, which is the bill that California come down to the floor and plishment. The bigger accomplishment will be up later this afternoon. say that this is mindless, this is any- is actually getting the Senate and the While the rule allows for amend- thing but mindless. These are jobs. House to work together. ments, some of the amendments that When you go down to DENNIS CAR- The SPEAKER pro tempore. The were proposed are not going to be be- DOZA’s district and see 30 percent un- time of the gentleman has expired. fore us. Specifically, this bill is a bla- employment in the Los Banos area or Mr. BISHOP of Utah. I yield the gen- tant attempt to do two things: one, down to JIM COSTA’s district and see 30 tleman an additional 30 seconds. steal 800,000 acre feet of water and to 40 percent unemployment in Mr. DENHAM. It is time that we transfer it to heavily subsidized farm- Firebaugh or over in Mendota, and you come up with a solution that avoids ers on the west side of the San Joaquin call it mindless? Come down and talk further cost, that avoids further delay, Valley; and, secondly, completely over- to the people in our districts and tell that avoids us having to continue to rule and override State law. That’s them that their jobs are mindless, that cut jobs in the Central Valley and in why, I suppose, States such as Colo- their homes are mindless, that their California. It’s time to come to an rado, Montana, New Mexico, Oregon, cars that they’re having to give up are agreement that will actually save the Wyoming, and the Western States mindless. These are farmworkers. Central Valley and our farming indus- Water Council, which is composed of These are individuals. These are farm- try and making sure that we’ve got the representatives of the Governors of ers that are seeing their families de- certainty in water year in and year 16 Western States, are all opposed to stroyed right now. It is not mindless. out. This bill will show the priority of this bill. They are certainly not special inter- the House. If the Senate has a different This is a terrible precedent. If you ests. Come down to these districts. priority, let them show that. But the care anything about your State’s abil- We have invited the President, on a California public expects the Senate ity to control its own destiny insofar bipartisan basis, many times now to and the House to work together, just as as water is concerned, you do not want come to California. Don’t just go to we’ve come together in a bipartisan this bill to pass because it is a blatant L.A. and San Francisco, but come see fashion on this bill. attempt by the Westside Farmers to the Central Valley and the challenges Mr. POLIS. Mr. Speaker, I yield 2 simply grab water and take total con- that we have. See how, when the water minutes to the gentleman from Cali- trol of the California water system. is shut off, we see our farms destroyed. fornia (Mr. THOMPSON). It blows away all of the environ- This absolutely has impact on the Mr. THOMPSON of California. I mental laws of the Federal Govern- rest of the Nation. If you want a safe thank the gentleman for yielding. ment and all of the environmental laws food supply, if you want a reliable food Mr. Speaker and Members, I think it of the State of California and even supply, make sure we have reliable was Einstein that said: If you start overrides the State Constitution. I can- water delivery. That is simply all this with the wrong numbers in your equa- not think of a worse policy for anyone does. tion, you can never get to the correct to be supporting if you care anything Anytime that we talk about water solution. What we just heard was a at all about States’ rights. throughout the Nation, or certainly textbook perfect example of that. In addition to that, the bill totally throughout California, it becomes a The idea that there’s 30,000 to 60,000 destroys the efforts that have been un- battle. A lot have talked about pre-’94 lost jobs as a result of what is hap- derway to solve the problems that do when a deal was a deal. That deal pening south of the delta, I don’t know exist in California water. There is abso- hasn’t been changed by the farmers. where those numbers came from. lutely not one new drop of water in That deal has been changed by Mem- You’re certainly welcome to your own this bill, but there is 800,000 acre feet bers of Congress that have preempted opinion, but you’re not welcome to stolen and delivered to the southern State water rights. your own facts. The facts tell a whole water contractors. For many, many We want a deal. We want a deal every different story. reasons it ought to be defeated. year. We want an agreement that says If you look at what UC Davis did, if Briefly on Mr. BISHOP’s attempt to that if you’re going to have a contract have his bill heard on this floor: not a you look at what the University of the for 100 percent of your water, you actu- bad idea. Consider for a moment the Pacific did, UC Berkeley, all their fact that 26 million gallons of gasoline ally get 100 percent of your water. This numbers point to a loss associated with are exported from the United States year, because we had a lack of storage certain things: a loss of jobs associated every day. Something is wrong when last year on the wettest of water years with the drought, a loss of jobs associ- that is occurring at the same time in California, this year we’re going to ated with an endangered species. But we’re finding higher and higher gas have a 30 percent water allocation. these are in the hundreds or the single- prices. We’re still going to pay 100 percent of digit thousands, not anywhere close to the cost of the contract but have 30 30,000 or 60,000. We need to get this b 1320 percent of the water, which means once thing right. Mr. BISHOP of Utah. I remind the again we will see 30 percent unemploy- My friend from California was abso- body, once again, that 9 out of the 10 ment in JIM COSTA’s district, in DENNIS lutely correct when he called for us to

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2502 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 work together. That’s exactly what ment that thinks that, oh, just a few domestic avocados and nectarines are we’ve been trying to do, to work to- less jobs won’t hurt, won’t matter. raised in California. Just for the gether. This bill was not crafted with This is grotesque. This is immoral. record, I’m three out of six for those the stakeholders at the table. This bill Let’s stand up together in a bipartisan particular food items. was crafted in the proverbial back way to stand up for American families, California’s man-made drought does room with not all of the stakeholders for American farmers like they deserve not just impact Californians. It attacks present. None of us who have a legiti- this Congress to do for them. and it touches each and every one of us mate dog in this fight were included in Mr. POLIS. Mr. Speaker, I would like in some way. The next time we go to this. to inquire of the gentleman from Utah the grocery store and stop and take a If this bill were to pass, there will be how many speakers he has remaining. look at where these products come thousands of jobs lost. They’ll be north Mr. BISHOP of Utah. To be honest, from, the chances are pretty good of the delta. They’ll be farming jobs; I’m not quite sure. I know I have a they’re coming from California’s Cen- they’ll be fisheries jobs; they’ll be rec- speech and there may be another one tral Valley. You can nearly have a reational jobs. They’ll be all kinds of coming down here. complete food meal group just by look- jobs associated with the economy Mr. POLIS. I will reserve the balance ing at what comes out of a 10-square- north of the delta. of my time. mile area of Central Valley California. You can’t come to this floor with leg- Mr. BISHOP of Utah. Mr. Speaker, I As prices continue to rise at the gro- islation that creates winners and losers yield myself such time as I may con- cery store for fresh produce of all in the marketplace without bringing sume. kinds, you can be assured that some of everybody to the table to work on that. I had the opportunity of going down the main drivers of those increased That’s exactly what this bill does—it to California to one of the hearings costs come from a combination of sky- creates winners and losers. It chooses where we met the farmers who are liv- rocketing fuel costs under this admin- jobs south of the delta at the expense ing in this particular area. I heard istration’s poor domestic energy pro- of jobs north of the delta. That’s wrong their anguish. I understood their anger. duction policies, as well as less domes- and this bill should be defeated. Their ability to make a living was tic food caused by this water diversion. Mr. BISHOP of Utah. Mr. Speaker, being prohibited while we in Congress Ironically and sadly, in recent years sometimes it is hard to estimate jobs simply talked about unrealistic con- since the Federal water takings—and when you’re thirsty, but I realize if cepts. They were living in pain while that’s takings by the Federal Govern- there was even one job that is cost be- we continued to talk. Actually, our ac- ment—more and more produce has cause of bad Federal behavior, that is tions and talking were causing that found its way from other foreign one job too many. particular pain. sources to replace what should have I would be happy to yield 2 minutes This bill is about trying to help peo- been produced in our own particular to my friend from Florida (Mr. DIAZ- ple. This is time to put people in the country. This bill addresses that prob- BALART). forefront and put our ideology behind lem in a positive way by reinstating Mr. DIAZ-BALART. I’m glad, sir, so that we can solve a problem that has water rights to farmers from water that you just mentioned that, because been caused by us. This effort is to put that was unjustly taken away by Fed- I just heard here that, no, no, it’s not forward legislation that corrects harms eral regulations. maybe X thousands of jobs that are that are inflicted by onerous, extreme, With that, Mr. Speaker, I advise the going to be lost; it is X minus a few completely unbalanced Federal regula- gentleman from Colorado I have no fur- thousand jobs that are going to be lost. tions which too often seem to favor a ther speakers, and I reserve the bal- What? Did I just hear that? I just did. narrow special interest group constitu- ance of my time. Rarely do you see such a reckless and ency as opposed to a balanced approach Mr. POLIS. Mr. Speaker, I am pre- immoral disregard for American fami- to protect our environment while con- pared to close, and I will yield myself lies, for American farmers, for Amer- sidering jobs and the needs of real the balance of my time. ican farmworkers, for hardworking human people. Mr. Speaker, I ask unanimous con- people than what we have in front of us sent to insert the text of the previous b 1330 and what this bill is trying to solve in question amendment in the RECORD a bipartisan way, because this does As many have said already, our col- along with extraneous material imme- have bipartisan support. leagues have put forth a program diately prior to the vote on the pre- I keep hearing about all of these hor- which, unfortunately, is causing mas- vious question. rors. But wait a second. Take a step sive unemployment in the San Joaquin The SPEAKER pro tempore. Is there back, Mr. Speaker. These are farmers Valley, causing thousands of acres objection to the request of the gen- who have been farming that very land which were the most productive farm- tleman from Colorado? for generations. This is not like they land to go fallow, and risks turning There was no objection. are trying to do something new. this productive area into a dust bowl Mr. POLIS. My colleague, Mr. They’ve been doing this for genera- causing erosion. These are negative en- BISHOP, has brought forth something tions. vironmental and economic impacts that I think is an important national Can you imagine the circumstances if that were not considered in the Federal issue that my constituents have cer- the Federal Government steps in and Government’s original decision, but tainly been calling me about. And I says, ‘‘No, we are going to cut off your ought to have been and should be con- know that there has been concern from water. You’re not going to be able to sidered now. across the country about rising gas farm, and forget about those jobs. Go The unfortunate reality is that Cali- prices. If we defeat the rule and the do something else,’’ just because some fornia’s Central Valley is one place previous question, we will be able to bureaucrat someplace decides that where our actions and other regula- immediately bring forth Mr. BISHOP’s they found a fish all of the sudden after tions have had a negative impact on bill and the discussion about price these farmers have been there for gen- the country, leaving those farmers in gouging and gas prices. erations? danger but also affecting all of us. If Mr. Speaker, this bill sets a dan- Sometimes a little common sense has you are an artichoke lover, which I am gerous precedent for preempting State to prevail and sometimes a little moral not, 98 percent of those that are sold in water rights, leaving other States vul- sense has to prevail. Let’s stand up for the supermarket are raised in San Joa- nerable to this kind of Federal inter- these farmers who have been there for quin Valley of California. For those ference. This bill is opposed by the generations. Let’s stand up for these who enjoy walnuts—I’m now zero for State of California, California’s two farmworkers, the poorest, hardest two—or almonds and garlic—which I fi- U.S. Senators, the leaders of both working individuals for generations. nally like—98 percent of those supplies State legislative houses, commercial Let’s say ‘‘no’’ to a Federal Govern- come from California. Nearly all of the and recreational fishing associations,

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2503 water districts, local governments and In addition, as we are facing unprece- b 1340 the California Bay Delta Farmers. This dented debt, this bill would stop waste- Well, here’s a situation where we’ve bill overrides a bipartisan local settle- ful spending, terminate over a billion got tens of thousands of farmers and ment to restore the San Joaquin River dollars in unproven and unnecessary those who work on those farms in the that ended 18 years of costly litigation Federal spending projects, and it codi- Central Valley of California being de- and uncertainty. This bill guts the re- fies the historic, previously-agreed- nied the use of their own land, being view process for water projects in Cali- upon bipartisan State and Federal denied the labor to feed their own fami- fornia’s Central Valley and eliminates agreement known as the Bay-Delta Ac- lies because someone is abusing the science-based protections for many cord. It is pro-environment by restor- law. species required under both California ing warm-water fish habitats. It also This is a good bill, and it ought to law and the U.S. Endangered Species protects northern California waterfowl pass. Act. habitat and still helps those who are The material previously referred to There is simply no reason to support trying to make a living as farmers in by Mr. POLIS is as follows: legislation that has a myriad of unin- this area. AN AMENDMENT TO H. RES. 566 OFFERED BY tended consequences. It is an attack on Mr. Speaker, in this body, we always MR. POLIS OF COLORADO certainty, and it is an attack on issues use comparatives and superlatives at At the end of the resolution, add the fol- that should be decided, frankly, by the drop of the hat or any other cliche lowing new sections: States and stakeholders. you wish to use. If a bird flies over this SEC. 2. Immediately upon adoption of this H.R. 1837 would eliminate desperately Capitol, we will talk about it in super- resolution the Speaker shall, pursuant to needed protections for fisheries, threat- clause 2(b) of rule XVIII, declare the House latives. We often do that. We talk resolved into the Committee of the Whole ening thousands of fishing jobs and about bills being so important. In this House on the state of the Union for consider- millions of dollars in income that sus- case, I think superlatives are appro- ation of the bill (H.R. 964) to protect con- tains families, as evidenced by the im- priate. This is a significant bill that is sumers from price-gouging of gasoline and pact seen during the first-ever closures life and death for these farmers, and it other fuels, and for other purposes. The first of California’s salmon fishery in 2008 is unique. Even though it deals with reading of the bill shall be dispensed with. and 2009 due to collapsing runs. California, there is no other State that All points of order against consideration of This bill is a recipe for lawsuit after has this particular problem. We are not the bill are waived. General debate shall be confined to the bill and shall not exceed one lawsuit, an attack on a century of setting any precedent for anywhere State leadership on water law and a hour equally divided and controlled by the else. chair and ranking minority member of the dismissal of the consensus agreement I yield the balance of my time to the Committee on Energy and Commerce. After that the people of California have gentleman from Ohio (Mr. BOEHNER), general debate the bill shall be considered reached without the needless meddling the Speaker. for amendment under the five-minute rule. of this body, without those from other All points of order against provisions in the Mr. BOEHNER. Let me thank my States being called upon to settle a bill are waived. At the conclusion of consid- colleague for yielding. My colleagues California matter of water. eration of the bill for amendment the Com- know that I don’t often come to the Mr. Speaker, this bill is a solution in mittee shall rise and report the bill to the floor and speak on bills; but as I saw search of a problem, a bill that ends up House with such amendments as may have this bill coming up today, I thought to been adopted. The previous question shall be creating more problems for more peo- myself, here is a perfect example of considered as ordered on the bill and amend- ple than the problem it’s trying to government getting in the way. ments thereto to final passage without inter- solve. Simply put, this bill is cutting I never thought, in my wildest vening motion except one motion to recom- off the nose to spite the face; and my mit with or without instructions. If the State, along with 17 others, stands to dreams, I’d ever run for public office or Committee of the Whole rises and reports get harmed over in the process, par- ever seek to come here to Congress. that it has come to no resolution on the bill, ticularly by the dangerous precedent of But as a small businessman, I was con- then on the next legislative day the House Federal second-guessing of local water cerned about the ever-growing size of shall, immediately after the third daily the Federal Government and the ever- order of business under clause 1 of rule XIV, rights. resolve into the Committee of the Whole for If this bill were really about the growing reach of the Federal Govern- ment. I saw it in my own business, I further consideration of the bill. delta smelt, then it should be drafted SEC. 3. Clause 1(c) of rule XIX shall not more narrowly. If this bill were really saw it with my suppliers, and I saw it apply to the consideration of the bill speci- about jobs, then take into account the with my customers. And out of that fied in section 2 of this resolution. jobs of the salmon industry which the frustration, I came here because I bill would decimate. Take those con- thought government was too big, spent (The information contained herein was too much, and was far too intrusive provided by the Republican Minority on mul- cerns to local stakeholders and to the tiple occasions throughout the 110th and State of California and work out a so- into our economy and, frankly, our so- ciety. 111th Congresses.) lution that is in the best interests of THE VOTE ON THE PREVIOUS QUESTION: WHAT Look at this bill and you will see it’s California citizens. Unfortunately, this IT REALLY MEANS a perfect example of the overreach of bill is not about real problems. It’s This vote, the vote on whether to order the about scoring political points and ad- government. We’ve got a group of peo- previous question on a special rule, is not vancing sound bites. ple in California who don’t like produc- merely a procedural vote. A vote against or- I urge my colleagues to join me on a tion agriculture and who think that dering the previous question is a vote ‘‘no’’ vote on the rule and the under- using water to grow crops to feed the against the Republican majority agenda and lying bill and defeat the previous ques- world is environmentally dangerous. a vote to allow the opposition, at least for tion. They’re using the endangered species the moment, to offer an alternative plan. It law for what I would describe as an un- is a vote about what the House should be de- I yield back the balance of my time. bating. Mr. BISHOP of Utah. Mr. Speaker, in intended purpose. They’re using a law Mr. Clarence Cannon’s Precedents of the addition to restoring agricultural pro- to shut down production agriculture House of Representatives (VI, 308 311), de- ductivity in this area, what has been that they don’t like, and they’re abus- scribes the vote on the previous question on referred to as ‘‘America’s salad bowl,’’ ing a law that was created by this Con- the rule as ‘‘a motion to direct or control the this bill is a comprehensive piece of gress. It is wrong, and it should not consideration of the subject before the House legislation which would reduce Federal stand. being made by the Member in charge.’’ To spending by $300 million by allowing Secondly, here we are in a country defeat the previous question is to give the opposition a chance to decide the subject be- certain water users, presently obli- where the American people are asking fore the House. Cannon cites the Speaker’s gated to repay Federal loans on water where are the jobs. The President says ruling of January 13, 1920, to the effect that projects in this area, to repay those he’s doing everything he can to help ‘‘the refusal of the House to sustain the de- loans early on a penalty-free basis. create more jobs in America. mand for the previous question passes the

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2504 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 control of the resolution to the opposition’’ The vote was taken by electronic de- Brown (FL) Himes Pelosi in order to offer an amendment. On March vice, and there were—yeas 241, nays Butterfield Hinchey Perlmutter 15, 1909, a member of the majority party of- Capps Hinojosa Peters 178, not voting 14, as follows: Capuano Hirono Peterson fered a rule resolution. The House defeated Carnahan Hochul the previous question and a member of the [Roll No. 80] Pingree (ME) Carney Holden Polis opposition rose to a parliamentary inquiry, YEAS—241 Carson (IN) Holt Price (NC) asking who was entitled to recognition. Castor (FL) Honda Quigley Speaker Joseph G. Cannon (R–Illinois) said: Adams Gibson Nugent Chandler Hoyer Aderholt Gingrey (GA) Nunes Rahall ‘‘The previous question having been refused, Chu Inslee Reyes Akin Gohmert Nunnelee Cicilline Israel the gentleman from New York, Mr. Fitz- Richardson Alexander Gosar Olson Clarke (MI) Jackson (IL) Richmond gerald, who had asked the gentleman to Amash Gowdy Palazzo Clarke (NY) Jackson Lee Rothman (NJ) yield to him for an amendment, is entitled to Amodei Granger Paulsen Clay (TX) Roybal-Allard the first recognition.’’ Austria Graves (GA) Pearce Cleaver Johnson (GA) Because the vote today may look bad for Bachmann Graves (MO) Pence Clyburn Johnson, E. B. Ruppersberger the Republican majority they will say ‘‘the Bachus Griffin (AR) Petri Cohen Jones Rush vote on the previous question is simply a Barletta Griffith (VA) Pitts Connolly (VA) Kaptur Ryan (OH) Bartlett Grimm Platts Conyers Keating Sa´ nchez, Linda vote on whether to proceed to an immediate Barton (TX) Guinta Poe (TX) T. vote on adopting the resolution . . . [and] Cooper Kildee Bass (NH) Guthrie Pompeo Costello Kind Sanchez, Loretta has no substantive legislative or policy im- Benishek Hall Posey Courtney Kucinich Sarbanes plications whatsoever.’’ But that is not what Berg Hanna Price (GA) Critz Langevin Schakowsky they have always said. Listen to the Repub- Biggert Harper Quayle Cuellar Larsen (WA) Schiff lican Leadership Manual on the Legislative Bilbray Harris Reed Cummings Larson (CT) Schrader Process in the United States House of Rep- Bilirakis Hartzler Rehberg Davis (CA) Levin Schwartz Bishop (UT) Hastings (WA) Reichert Davis (IL) Lewis (GA) Scott (VA) resentatives, (6th edition, page 135). Here’s Black Hayworth Renacci DeFazio Lipinski Scott, David how the Republicans describe the previous Blackburn Heck Ribble DeGette Loebsack Serrano question vote in their own manual: ‘‘Al- Bonner Hensarling Rigell DeLauro Lofgren, Zoe Sewell though it is generally not possible to amend Bono Mack Herger Rivera Deutch Lowey Shuler Boren Herrera Beutler Roby the rule because the majority Member con- Dicks Luja´ n Sires trolling the time will not yield for the pur- Boustany Huelskamp Roe (TN) Dingell Lynch Brady (TX) Huizenga (MI) Rogers (AL) Slaughter pose of offering an amendment, the same re- Doggett Maloney Smith (WA) Brooks Hultgren Rogers (KY) Donnelly (IN) Markey sult may be achieved by voting down the pre- Broun (GA) Hunter Rogers (MI) Speier vious question on the rule . . . When the mo- Doyle Matsui Stark Buchanan Hurt Rohrabacher Edwards McCarthy (NY) Sutton tion for the previous question is defeated, Bucshon Issa Rokita Ellison McCollum Thompson (CA) control of the time passes to the Member Buerkle Jenkins Rooney Engel McDermott Thompson (MS) who led the opposition to ordering the pre- Burgess Johnson (IL) Roskam Eshoo McGovern vious question. That Member, because he Burton (IN) Johnson (OH) Ross (AR) Farr McIntyre Tierney then controls the time, may offer an amend- Calvert Johnson, Sam Ross (FL) Fattah McNerney Tonko Camp Jordan Royce Towns ment to the rule, or yield for the purpose of Filner Meeks Campbell Kelly Runyan Frank (MA) Michaud Tsongas amendment.’’ Canseco King (IA) Ryan (WI) Van Hollen In Deschler’s Procedure in the U.S. House Fudge Miller (NC) Capito King (NY) Scalise Garamendi Miller, George Vela´ zquez of Representatives, the subchapter titled Cardoza Kingston Schilling Gonzalez Moore Visclosky ‘‘Amending Special Rules’’ states: ‘‘a refusal Carter Kinzinger (IL) Schmidt Green, Al Moran Walz (MN) to order the previous question on such a rule Cassidy Kissell Schock Green, Gene Murphy (CT) Wasserman [a special rule reported from the Committee Chabot Kline Schweikert Grijalva Napolitano Schultz Chaffetz Labrador Scott (SC) Gutierrez Neal Waters on Rules] opens the resolution to amend- Coble Lamborn Scott, Austin ment and further debate.’’ (Chapter 21, sec- Hahn Olver Watt Coffman (CO) Lance Sensenbrenner Waxman tion 21.2) Section 21.3 continues: ‘‘Upon re- Hanabusa Owens Cole Landry Sessions Hastings (FL) Pallone Welch jection of the motion for the previous ques- Conaway Lankford Shimkus Heinrich Pascrell Wilson (FL) tion on a resolution reported from the Com- Costa Latham Shuster Higgins Pastor (AZ) Yarmuth mittee on Rules, control shifts to the Mem- Cravaack LaTourette Simpson ber leading the opposition to the previous Crawford Latta Smith (NE) NOT VOTING—14 Crenshaw Lewis (CA) Smith (NJ) question, who may offer a proper amendment Culberson LoBiondo Smith (TX) Ackerman Lee (CA) Rangel or motion and who controls the time for de- Davis (KY) Long Southerland Bass (CA) Myrick Ros-Lehtinen bate thereon.’’ Denham Lucas Stearns Cantor Nadler Sherman Clearly, the vote on the previous question Dent Luetkemeyer Stivers Crowley Paul Woolsey on a rule does have substantive policy impli- DesJarlais Lummis Stutzman Goodlatte Payne cations. It is one of the only available tools Diaz-Balart Lungren, Daniel Sullivan for those who oppose the Republican major- Dold E. Terry b 1407 ity’s agenda and allows those with alter- Dreier Mack Thompson (PA) Duffy Manzullo Thornberry Mr. KUCINICH changed his vote from native views the opportunity to offer an al- Duncan (SC) Marchant Tiberi ternative plan. Duncan (TN) Marino Tipton ‘‘yea’’ to ‘‘nay.’’ Mr. BISHOP of Utah. Mr. Speaker, I Ellmers Matheson Turner (NY) Messrs. ALEXANDER, STIVERS, and yield back the balance of my time, and Emerson McCarthy (CA) Turner (OH) BURGESS changed their vote from Farenthold McCaul Upton I move the previous question on the Fincher McClintock Walberg ‘‘nay’’ to ‘‘yea.’’ resolution. Fitzpatrick McCotter Walden So the previous question was ordered. The SPEAKER pro tempore. The Flake McHenry Walsh (IL) The result of the vote was announced question is on ordering the previous Fleischmann McKeon Webster Fleming McKinley West as above recorded. question. Flores McMorris Westmoreland The SPEAKER pro tempore. The The question was taken; and the Forbes Rodgers Whitfield question is on the resolution. Speaker pro tempore announced that Fortenberry Meehan Wilson (SC) Foxx Mica Wittman The question was taken; and the the ayes appeared to have it. Franks (AZ) Miller (FL) Wolf Speaker pro tempore announced that Mr. POLIS. Mr. Speaker, on that I Frelinghuysen Miller (MI) Womack the ayes appeared to have it. demand the yeas and nays. Gallegly Miller, Gary Woodall The yeas and nays were ordered. Gardner Mulvaney Yoder RECORDED VOTE The SPEAKER pro tempore. Pursu- Garrett Murphy (PA) Young (AK) Mr. HASTINGS of Florida. Mr. Gerlach Neugebauer Young (FL) Speaker, I demand a recorded vote. ant to clause 8 and clause 9 of rule XX, Gibbs Noem Young (IN) this 15-minute vote on ordering the A recorded vote was ordered. previous question will be followed by 5- NAYS—178 The SPEAKER pro tempore. This minute votes on adopting the resolu- Altmire Becerra Blumenauer will be a 5-minute vote. tion, if ordered, and agreeing to the Andrews Berkley Bonamici The vote was taken by electronic de- Baca Berman Boswell Speaker’s approval of the Journal, if Baldwin Bishop (GA) Brady (PA) vice, and there were—ayes 245, noes 173, ordered. Barrow Bishop (NY) Braley (IA) not voting 15, as follows:

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2505 [Roll No. 81] Castor (FL) Hirono Perlmutter The question is on the Speaker’s ap- Chandler Hochul Peters proval of the Journal. AYES—245 Chu Holden Pingree (ME) Cicilline Holt The question was taken; and the Adams Gohmert Nunes Polis Clarke (MI) Honda Aderholt Gosar Nunnelee Price (NC) Speaker pro tempore announced that Clarke (NY) Hoyer Akin Gowdy Olson Quigley the ayes appeared to have it. Clay Inslee Alexander Granger Palazzo Rahall Cleaver Israel Mr. HASTINGS of Washington. Mr. Amash Graves (GA) Paulsen Reyes Clyburn Jackson (IL) Amodei Graves (MO) Richardson Speaker, on that I demand the yeas Pearce Cohen Jackson Lee Austria Griffin (AR) Richmond and nays. Pence Connolly (VA) (TX) Bachmann Griffith (VA) Rothman (NJ) Peterson Conyers Johnson (GA) The yeas and nays were ordered. Bachus Grimm Roybal-Allard Petri Cooper Johnson, E. B. Barletta Guinta Rush The SPEAKER pro tempore. This Pitts Costello Kaptur Bartlett Guthrie Ryan (OH) will be a 5-minute vote. Platts Courtney Keating Barton (TX) Hall Sa´ nchez, Linda Poe (TX) Critz Kildee The vote was taken by electronic de- Bass (NH) Hanna T. Pompeo Cuellar Kind Benishek Harper Sanchez, Loretta vice, and there were—yeas 283, nays Posey Cummings Kucinich Berg Harris Sarbanes 127, answered ‘‘present’’ 2, not voting Price (GA) Davis (CA) Langevin Biggert Hartzler Schakowsky Quayle Davis (IL) Larsen (WA) 21, as follows: Bilbray Hastings (WA) Schiff Reed DeFazio Larson (CT) [Roll No. 82] Bilirakis Hayworth Schrader Rehberg DeGette Levin Bishop (UT) Heck Reichert DeLauro Lewis (GA) Schwartz YEAS—283 Black Hensarling Renacci Deutch Lipinski Scott (VA) Aderholt Duncan (TN) Blackburn Herger Loebsack Dicks Loebsack Scott, David Alexander Edwards Bonner Herrera Beutler Ribble Lofgren, Zoe Dingell Lofgren, Zoe Serrano Altmire Ellison Bono Mack Huelskamp Rigell Long Doggett Lowey Sewell Amodei Ellmers Boren Huizenga (MI) Roby Lowey Donnelly (IN) Luja´ n Sherman Austria Engel Boustany Hultgren Roe (TN) Lucas Doyle Lynch Sires Baca Eshoo Brady (TX) Hunter Rogers (AL) Luetkemeyer Edwards Maloney Slaughter Bachmann Farenthold ´ Brooks Hurt Rogers (KY) Lujan Ellison Markey Smith (WA) Bachus Farr Broun (GA) Issa Rogers (MI) Lungren, Daniel Engel Matsui Speier Barletta Fincher Buchanan Jenkins Rohrabacher E. Eshoo McCarthy (NY) Stark Barrow Flake Bucshon Johnson (IL) Rokita Mack Farr McCollum Sutton Bartlett Fleischmann Buerkle Johnson (OH) Rooney Maloney Fattah McDermott Thompson (CA) Barton (TX) Forbes Burgess Johnson, Sam Roskam Manzullo Filner McGovern Thompson (MS) Bass (NH) Fortenberry Burton (IN) Jones Ross (AR) Marchant Frank (MA) McNerney Tierney Becerra Frank (MA) Calvert Jordan Ross (FL) Marino Fudge Meeks Tonko Berg Franks (AZ) Camp Kelly Royce Matsui Garamendi Michaud Towns Berkley Frelinghuysen Campbell King (IA) Runyan McCarthy (CA) Gonzalez Miller (NC) Tsongas Biggert Gallegly McCarthy (NY) Canseco King (NY) Ryan (WI) Green, Al Miller, George Van Hollen Bilbray Garamendi McCaul Capito Kingston Scalise Green, Gene Moore Vela´ zquez Bilirakis Gerlach McClintock Cardoza Kinzinger (IL) Schilling Grijalva Moran Visclosky Bishop (GA) Gingrey (GA) McCollum Carter Kissell Schmidt Gutierrez Murphy (CT) Walz (MN) Black Gonzalez McHenry Cassidy Kline Schock Hahn Napolitano Wasserman Blackburn Gosar Chabot Labrador McIntyre Schweikert Hanabusa Neal Schultz Blumenauer Gowdy Chaffetz Lamborn McKeon Scott (SC) Hastings (FL) Olver Waters Bonamici Granger Coble Lance McKinley Scott, Austin Heinrich Owens Watt Bonner Graves (GA) Coffman (CO) Landry McMorris Sensenbrenner Higgins Pallone Waxman Bono Mack Green, Al Cole Lankford Rodgers Sessions Himes Pascrell Welch Boren Green, Gene Conaway Latham McNerney Shimkus Hinchey Pastor (AZ) Wilson (FL) Boustany Griffith (VA) Costa LaTourette Meehan Shuler Hinojosa Pelosi Yarmuth Brady (TX) Grimm Cravaack Latta Meeks Shuster Braley (IA) Guinta Crawford Lewis (CA) Mica Simpson NOT VOTING—15 Brooks Guthrie Crenshaw LoBiondo Michaud Smith (NE) Broun (GA) Hahn Culberson Long Ackerman Goodlatte Rangel Miller (FL) Smith (NJ) Brown (FL) Hall Davis (KY) Lucas Bass (CA) Lee (CA) Rivera Miller (MI) Smith (TX) Buchanan Hanabusa Denham Luetkemeyer Braley (IA) Nadler Ros-Lehtinen Miller (NC) Southerland Bucshon Harris Dent Lummis Cantor Paul Ruppersberger Miller, Gary Stearns Buerkle Hartzler DesJarlais Lungren, Daniel Crowley Payne Woolsey Miller, George Stivers Burton (IN) Hastings (WA) Diaz-Balart E. Moran ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Butterfield Hayworth Dold Mack Stutzman Mulvaney Calvert Heinrich Dreier Manzullo Sullivan The SPEAKER pro tempore (during Murphy (CT) Camp Hensarling Duffy Marchant Terry Myrick the vote). There are 2 minutes remain- Campbell Herger Duncan (SC) Marino Thompson (PA) Napolitano ing. Canseco Higgins Duncan (TN) Matheson Thornberry Neugebauer Capito Hinojosa Ellmers McCarthy (CA) Tiberi Noem b 1415 Capps Hirono Emerson McCaul Tipton Nugent Carnahan Hochul Farenthold McClintock Turner (NY) So the resolution was agreed to. Nunes Carney Huizenga (MI) Fincher McCotter Turner (OH) Nunnelee The result of the vote was announced Carson (IN) Hultgren Fitzpatrick McHenry Upton Olson Carter Hurt Flake McIntyre Walberg as above recorded. Palazzo Cassidy Issa Fleischmann McKeon Walden A motion to reconsider was laid on Pascrell Chabot Jenkins Fleming McKinley Walsh (IL) Paulsen the table. Chaffetz Johnson (GA) Flores McMorris Webster Pelosi Stated against: Cicilline Johnson (IL) Forbes Rodgers West Pence Coble Johnson, Sam Fortenberry Meehan Westmoreland Mr. BRALEY of Iowa. Mr. Speaker, on roll- Perlmutter Cohen Kaptur Foxx Mica Whitfield Petri call No. 81, had I been present, I would have Cole Kelly Franks (AZ) Miller (FL) Wilson (SC) Pitts voted ‘‘no.’’ Connolly (VA) Kildee Frelinghuysen Miller (MI) Wittman Platts Cooper King (IA) Gallegly Miller, Gary Wolf PERSONAL EXPLANATION Polis Courtney King (NY) Gardner Mulvaney Womack Pompeo Mr. GOODLATTE. Mr. Speaker, on rollcall Crawford Kingston Garrett Murphy (PA) Woodall Posey Crenshaw Kissell Gerlach Myrick Yoder Nos. 81 and 80, due to being unavoidably de- Price (GA) Cuellar Kline Gibbs Neugebauer Young (AK) tained, had I been present, I would have voted Price (NC) Culberson Labrador Gibson Noem Young (FL) Quigley ‘‘aye.’’ Davis (CA) Lamborn Gingrey (GA) Nugent Young (IN) Rehberg f DeGette Landry Reichert DeLauro Langevin Reyes NOES—173 THE JOURNAL Denham Lankford Richardson Altmire Berman Brown (FL) DesJarlais Larsen (WA) Rigell Andrews Bishop (GA) Butterfield The SPEAKER pro tempore. The un- Deutch Larson (CT) Rivera Baca Bishop (NY) Capps finished business is the question on Diaz-Balart LaTourette Roby Baldwin Blumenauer Capuano agreeing to the Speaker’s approval of Dingell Latta Rogers (AL) Barrow Bonamici Carnahan Doggett Levin Rogers (KY) Becerra Boswell Carney the Journal, which the Chair will put Dreier Lewis (CA) Rogers (MI) Berkley Brady (PA) Carson (IN) de novo. Duncan (SC) Lipinski Rohrabacher

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2506 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 Rokita Serrano Turner (NY) The SPEAKER pro tempore (Mr. put thousands of people out of work, Roskam Sessions Upton MACK). Is there objection to the re- and it caused unemployment to reach Ross (AR) Sewell Van Hollen Ross (FL) Sherman Walden quest of the gentleman from Wash- 40 percent in some communities. Rothman (NJ) Shimkus Walz (MN) ington? Last April, the Natural Resources Roybal-Allard Shuster Wasserman There was no objection. Committee traveled to Fresno, Cali- Royce Simpson Schultz f fornia, for a field hearing where we Runyan Smith (NE) Watt Ruppersberger Smith (NJ) Waxman heard directly from farmworkers and Ryan (WI) Smith (TX) SACRAMENTO-SAN JOAQUIN Webster valley growers who have been dev- Sanchez, Loretta Smith (WA) VALLEY WATER RELIABILITY ACT Scalise Speier Welch astated and seen their livelihoods Schiff Stark West Mr. HASTINGS of Washington. Mr. pushed to the brink by this man-made Schmidt Stearns Westmoreland Speaker, I ask unanimous consent that drought. We heard stories of farm- Schock Stutzman Whitfield all Members may have 5 legislative Wilson (FL) workers who normally feed the Nation, Schrader Sullivan days in which to revise and extend Schwartz Sutton Wilson (SC) being forced to stand in food bank lines Schweikert Thompson (PA) Wolf their remarks and include extraneous to receive handouts of carrots—carrots Scott (SC) Thornberry Womack material on the bill H.R. 1837. from China. Scott (VA) Tiberi Yarmuth The SPEAKER pro tempore. Is there Mother Nature temporarily rescued Scott, Austin Tonko Young (FL) objection to the request of the gen- Scott, David Towns Young (IN) this region with historic precipitation Sensenbrenner Tsongas tleman from Washington? last year, but another man-made NAYS—127 There was no objection. drought is just around the corner if we The SPEAKER pro tempore. Pursu- Adams Gibbs Olver do nothing. Rain and snow levels have Andrews Gibson Pallone ant to House Resolution 566 and rule declined, and just last week the Fed- Baldwin Graves (MO) Pastor (AZ) XVIII, the Chair declares the House in eral Government announced that the Benishek Griffin (AR) Pearce the Committee of the Whole House on San Joaquin Valley farmers would re- Bishop (NY) Grijalva Peters the state of the Union for the consider- Boswell Gutierrez Peterson ceive only 30 percent of their initial Brady (PA) Hanna Pingree (ME) ation of the bill, H.R. 1837. water allocation for this year. This is Burgess Hastings (FL) Poe (TX) Capuano Heck Quayle b 1422 unacceptable, and if Congress doesn’t act now we will once again see farm- Cardoza Herrera Beutler Rahall IN THE COMMITTEE OF THE WHOLE Castor (FL) Himes Reed workers having to abandon the fields Accordingly, the House resolved Chandler Hinchey Renacci and return to the food lines. Chu Holden Ribble itself into the Committee of the Whole Clarke (MI) Holt Richmond House on the state of the Union for the Families and communities in Cali- Clarke (NY) Honda Roe (TN) consideration of the bill (H.R. 1837) to fornia have waited far too long for Con- Clay Hoyer Rooney gress to act. In 2009, Mr. Chairman, and Cleaver Hunter Rush address certain water-related concerns Clyburn Inslee Ryan (OH) on the San Joaquin River, and for in 2010, Mr. Chairman, while this man- ´ Coffman (CO) Israel Sanchez, Linda other purposes, with Mr. YODER in the made drought was devastating Cali- Conaway Jackson (IL) T. chair. fornia, the Obama administration and Conyers Jackson Lee Sarbanes a Democrat-led Congress did nothing. Costa (TX) Schakowsky The Clerk read the title of the bill. Costello Johnson (OH) Schilling The Acting CHAIR (Mr. BASS of New Republicans are ready to act today on Cravaack Johnson, E. B. Shuler Hampshire). Pursuant to the rule, the bipartisan legislation that will end this Critz Jones Sires man-made drought and protect up to Cummings Jordan Slaughter bill is considered read the first time. Davis (IL) Keating Southerland The gentleman from Washington (Mr. 30,000 jobs. Davis (KY) Kind Stivers HASTINGS) and the gentlewoman from This comprehensive solution would DeFazio Kinzinger (IL) Terry restore water deliveries that have been Dent Kucinich Thompson (CA) California (Mrs. NAPOLITANO) each will Dicks Lance Thompson (MS) control 30 minutes. cut off due to Federal regulations and Dold Latham Tierney The Chair recognizes the gentleman environmental lawsuits. It will ensure Donnelly (IN) Lewis (GA) Tipton from Washington. a reliable water supply for people and Doyle LoBiondo Turner (OH) for fish and it will secure water rights Duffy Lynch Vela´ zquez Mr. HASTINGS of Washington. Mr. Emerson Markey Visclosky Chairman, I yield myself such time as just generally, and it will save tax- Fattah Matheson Walberg I may consume. payer money by ending unnecessary Filner McCotter Walsh (IL) and dubious government projects. Fitzpatrick McDermott Waters Mr. Chairman, I rise in strong sup- Foxx McGovern Wittman port of H.R. 1837, the Sacramento-San I want to stress, Mr. Chairman, that Fudge Moore Woodall Joaquin Valley Water Reliability Act. this man-made drought does not just Gardner Murphy (PA) Yoder impact California but has rippling ef- Garrett Neal Young (AK) Like California, my central Wash- ington district is heavily dependent on fects across the entire Nation. Califor- ANSWERED ‘‘PRESENT’’—2 irrigated water to support my agricul- nia’s San Joaquin Valley is a salad Amash Owens tural industry. I understand the impor- bowl for the world and provides a sig- NOT VOTING—21 tance of having a stable, reliable water nificant share of fruits and vegetables for our country. The inability of these Ackerman Fleming Lummis supply. I’ve witnessed how government Akin Flores Nadler regulations and environmental law- farmers to do their jobs would lead Bass (CA) Gohmert Paul suits can create conflicts for people, negatively to increased reliance on for- Berman Goodlatte Payne eign food sources. Why, Mr. Chairman, Bishop (UT) Harper Rangel and jobs are the losers. However, Mr. Cantor Huelskamp Ros-Lehtinen Chairman, I have never seen anything would we want to do that? Crowley Lee (CA) Woolsey like the economic devastation that Also, according to an initial analysis California’s San Joaquin Valley has ex- by the nonpartisan CBO, this bill will b 1422 perienced as a direct result of Federal repeal and reduce nearly $300 million in So the Journal was approved. policies that restrict water supply and Federal spending over the next 10 years The result of the vote was announced that created this man-made drought. while also generating nearly $250 mil- as above recorded. Mr. Chairman, in 2009, Federal regu- lion in revenue. To repeat, this bill f lations to protect an endangered spe- cuts spending by $300 million and it in- cies 3-inch fish led to the deliberate di- creases revenue by a quarter of a bil- HOUR OF MEETING ON TOMORROW version of over 300 billion, Mr. Chair- lion dollars. Mr. HASTINGS of Washington. Mr. man, 300 billion gallons of water away This bill is a chance to right the reg- Speaker, I ask unanimous consent that from the San Joaquin Valley farmers. ulatory wrongs of the past, to end fu- when the House adjourns today, it ad- This caused hundreds of thousands of ture man-made droughts, and to pro- journ to meet at 9 a.m. tomorrow. acres of fertile farmland to dry up. It tect jobs and economic livelihood of

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2507 farmworkers, farmers, and their fami- It puts jobs of fishermen at risk. The This bill redeems the promise made lies. I urge my colleagues to support Pacific Fishery Management Council to the people of California and restores this bill. has raised concerns about the impacts the allocations that were agreed to. With that, I reserve the balance of on the fishery and fishing commu- We hear: Well, that was then and this my time. nities. The northwest fisheries were is now, and the science has changed. Mrs. NAPOLITANO. Mr. Chairman, I closed in 2008 and 2009 and parts of 2010. What they are referring to is not yield myself 5 minutes. They had no fishing. The industry was science; it is ideology masquerading as I really applaud my good friend, DOC lost to them. science. In 2010, their claims were HASTINGS, with some of the statistics The Subcommittee on Water and thrown out of the Federal court, which that he was quoting about the farmers Power received over 34 letters with cited ideological zealots who had at- in the valley. There were misrepresen- nearly 300 stakeholders opposing this tempted to, in the words of the court, tations, which were later clarified, of legislation. They include the Western ‘‘Mislead and to deceive the court into the actual figures that were affected States Water Council; seven States— accepting what is not only not the best and, unfortunately, they were very far California, Colorado, Montana, Nevada, science, it’s not science.’’ apart, and that’s just for the record. I New Mexico, Arizona, and Wyoming; The science is this: the Northwest will be glad to give them to anybody the Department of the Interior; and a Fisheries Science Center determined who wants them later. statement of administration policy. the Pacific Decadal Oscillation is a H.R. 1837, the Sacramento-San Joa- Also, the senior Senator and the junior principal factor in salmon migration. quin Valley Water Reliability Act is Senator of California oppose this. And Ocean currents. the list goes on: elected officials, envi- anything but. It repeals existing State The California Department of Water ronmental groups, State legislatures, law as written for the use of the water Resources determined that pumps from the San Joaquin River in Califor- attorneys general offices, Governors’ offices, and letters from these different which deliver water to the Central Val- nia’s Central Valley. It reallocates ley had a negligible influence on salm- water in a way that elevates agricul- States, not to mention the non- partisan, 18 Governor-appointed West- on and delta smelt migration. tural uses above all other water The National Academy of Sciences needs—that’s municipal, fisheries, and ern States Water Council. The scope of harmful provisions in- reported that nonnative and invasive environmental uses. predators, like the striped bass, are a This bill was mostly aimed at Cali- cluded in this legislation is matched only by the number of necessary provi- far more significant influence on salm- fornia; believe me, mostly California. If on and delta smelt populations. enacted, it would set precedent: an un- sions left out. Also, the severity of this legislation, which benefits only a small So the second thing that this bill precedented standard of State preemp- group, not all of California. does is to replace the ideological zeal- tion, environmental disregard, and pri- Through a series of amendments, my otry that created this human disaster vatization of a public resource for the colleagues seek to address the glaring with practical and fact-based solutions benefit of a select view. It could be, in issues associated with the legislation— to support native delta smelt and salm- my estimation, renamed the Barrister the subsidies reform, construction of on populations. For example, as I said Employment Act. new facilities, and use of best available earlier, it’s common to find striped b 1430 science. bass in the delta gorged with salmon The California State legislature stat- Mr. Chairman, this is a bad bill, and smolts and delta smelt. This bill allows ed it best: I urge a ‘‘no’’ vote. I reserve the bal- open season on these destructive, ance of my time. H.R. 1837 is almost breathtaking in its invasive, and nonnative predators. Mr. HASTINGS of Washington. Mr. Fish hatcheries produce millions of total disregard for equity and its willful sub- Chairman, I am very pleased to yield 5 jugation of the State of California to the salmon smolts each year, and tens of whims of Federal action. minutes to the gentleman from Cali- thousands return as fully grown adults fornia (Mr. MCCLINTOCK), the chairman May I point out that in the past my to spawn, but these fish are not al- of the subcommittee that developed lowed to be counted. This bill counts colleagues on the other side have asked this legislation on the Natural Re- for less intrusion of the Federal Gov- them, ensuring that hatcheries will sources Committee. produce thriving and bountiful popu- ernment, less government control, let Mr. MCCLINTOCK. Mr. Chairman, I lations of salmon and delta smelts and the locals handle it. This would do the thank the gentleman for yielding, and any other species considered endan- reverse. It would put it in the hands of I compliment the gentlelady from Cali- gered. the Federal Government to be able to fornia on stating the opposite of this determine the State’s right to enact its bill with remarkable precision. The San Joaquin River Settlement own water laws. It does not repeal 20 years of Cali- Act envisions an absurdly impractical Despite amendments to the bill by fornia water law; it restores it by re- year-round cold water salmon fishery the majority, it still seeks to make storing the allocation that was agreed on the hot valley floor at an estimated sweeping negative changes to the to by a broad bipartisan coalition in cost of $2 million per individual fish. State’s ability to manage water in the the Bay-Delta Accord of 1994. In fact, That act was adopted by the Demo- west. at that time, the Democratic Interior crats 2 years ago when they controlled It amends the State constitution, Secretary, Bruce Babbitt, assured all this House. It is so expensive because it and undermines California’s ability to parties that this agreement would be attempts to establish something that manage its own resources. honored by the State and Federal gov- only existed sporadically in nature. In- It would repeal or overturn nearly 20 ernments. stead, this bill establishes a year-round years of environmental protections His promise was broken first by his warm water fishery that acts in con- under the Central Valley Project Im- own Department and most recently cert with the habitat at a fraction of provement Act, the CVPIA, and the when a Federal court deemed the delta the cost. Endangered Species Act, which is nor- smelt to be more important than the Third, the bill removes disincentives mally under attack by my friends on livelihoods of thousands of Central Val- in current law that discourage farmers the other side. ley farmworkers. Hundreds of billions from purchasing surplus water in wet It repeals the San Joaquin Restora- of gallons of water that these commu- years to recharge groundwater banks. tion Settlement Act, a compromise nities had already paid for and de- It removes prohibitive regulatory re- widely supported by all stakeholders, pended upon were simply expropriated strictions on water transfers between and diminishes funds for restoration. It and blissfully and cavalierly dumped willing buyers and willing sellers, also completely eliminates the coequal into the Pacific Ocean, turning much which once had efficiently distributed goal of protecting the environment and of California’s fertile Central Valley water throughout that system from allowing for water deliveries. into a dust bowl. areas of surplus to areas of shortage.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2508 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 It allows environmental flows to be that was forged over 20 years ago to of this legislation, I yield myself 30 recycled and used by human commu- solve a problem on the San Joaquin seconds to simply point out that the nities once those flows have achieved River that is not for year-round salmon statistics I used as it relates to unem- their environmental purposes. flows but only for the spring salmon ployment come from Fresno County. Fourth, it brings the full force of flows. Why would you want to do that, That is a county where all of this was Federal law to invoke and protect except you want to take somebody’s impacted. The statistics that were State water rights and forbid their vio- water? cited by my friends across the aisle lation by any bureaucracy: local, b 1440 were from outside that area. State, or Federal. In fact, this provi- The second point I want to make is sion specifically addressed concerns The water is the water of the fisher- that I have letters here from 14 sen- raised by the very same opponents to men as well as the water of the farm- ators and 18 members of the California ers. the original bill who feared that, be- legislature. I insert their letters in sup- By the way, facts are ugly little cause of the unique joint operating port in the RECORD. things. There are no 3,000 people that agreement between the State and Fed- lost their jobs, no 60,000 people that SACRAMENTO-SAN JOAQUIN VALLEY WATER eral Governments, changes in Federal RELIABILITY ACT—ORGANIZATIONS IN SUPPORT lost their jobs. The University of Cali- allocations could lead to raids on sen- fornia, Berkeley, the University of WATER AGENCIES/ORGANIZATIONS ior water rights holders by the State California, Davis, and the University of California Water Alliance government. the Pacific all say that the losses were Families Protecting the Valley This provision fully addresses those Northern California Water Association * less than 7,000, which almost equaled concerns through the Federal Govern- Family Water Alliance the loss of the fisheries. California Watershed Posse ment’s legitimate constitutional au- When we get to the end of this story, thority in the 14th Amendment to pro- Westlands Water District it is going to be a story of the rest of San Luis Delta-Mendota Water Authority: tect the property rights of its citizens the Nation. If you happen to be a West- Banta-Carbona Irrigation District, against encroachment by any govern- ern State, if you happen to be a Mid- Broadview Water District, Byron Bethany Ir- ment bureaucracy. This is the preemp- western State that has a Federal water rigation District (CVPSA), Central Cali- tion issue that the opponents are rais- project from the Bureau of Reclama- fornia Irrigation District, Columbia Canal ing. They are some of the same oppo- tion, beware, because this is the first- Company, Del Puerto Water District, Eagle nents who attacked the original bill for ever attempt to throw aside 100 years Field Water District, Firebaugh Canal Water District, Fresno Slough Water District, not protecting those rights. This bill of reclamation law in which deference doesn’t preempt those rights; it specifi- Henry Miller Reclamation District #2131, is given to the States over the power of James Irrigation District, Laguna Water cally invokes them and protects them. their water rights and their water laws. District, Mercy Springs Water District, Oro It brings to an end the predation on Yes, you can say section 4 of this bill Loma Water District, Pacheco Water Dis- the working people of California. It deals with that. No, it doesn’t. It does trict, Pajaro Valley Water Management places senior water rights holders in a not deal with the totality of California Agency, Panoche Water District, Patterson safe and secure position, and treats our law. In fact, the bill destroys that to- Irrigation District, Pleasant Valley Water water as the precious resource it is. tality. District, Reclamation District 1606, San Be- Mrs. NAPOLITANO. I yield 4 minutes Western States are opposed to this. nito County Water District, San Luis Water to the gentleman from California (Mr. The list has been given. Other States, District, Santa Clara Valley Water District, Tranquillity Irrigation District, Turner Is- GARAMENDI). watch out. This is a power grab. This is land Water District, West Side Irrigation Mr. GARAMENDI. I thank the gen- a water grab. This is an imposition of District, West Stanislaus Irrigation District tlewoman. the Federal authority over the States, Placer County Water Agency * One hardly knows where to start, and specifically over California. Nevada Irrigation District * when you take California water law Yes, Mr. Chairman—excuse me, if I El Dorado Irrigation District * and push it aside and preempt it with might, through the Chair—you said Exchange Contractors ** Federal water law, really running over that there is 100 percent water. No Modesto Irrigation District ** ** the top of the State of California, and water district except those that pre- San Joaquin Tributaries Association then you steal 800,000 acre-feet and Kern County Water Agency: Belridge ceded the Federal project have 100 per- Water Storage District, Berrenda Mesa transfer it to your buddies—yes, you’re cent allocation. Every other water dis- Water District, Buena Vista Water Storage going to come up with a lot of reasons trict has shortage provisions in those District, Cawelo Water District, Henry Mil- why it makes sense. But the reality is water contracts. ler Water District, Kern Delta Water Dis- quite different. By the way, whatever power we may trict, Lost Hills Water District, Rosedale-Rio Let us understand very clearly here have, we don’t have the power to over- Bravo Water Storage District, Semitropic that 150 years of California water law come a natural drought, which is pre- Water Storage District, Tehachapi-Cum- is thrown out and a new Federal law is cisely what is happening in California mings County Water District, Tejon-Castac put in place that preempts California today and happened during the period Water District, West Kern Water District, Wheeler Ridge-Maricopa Water Storage Dis- water law. The 1994 CALFED agree- that this bill speaks to. It was a nat- trict ment was an interim agreement. It was ural drought. Yes, there were restric- Tehama Colusa Canal Authority: Proberta never, ever intended to be a permanent tions placed on the pumps, restrictions Water District, Kirkwood Water District, statutory agreement on how water that were necessary to protect an en- Thomes Creek Water District, Corning WD, would be delivered in California. dangered species. Orland-Artois Water District, Glide Water In addition to that, let me under- By the way, the judge that you cited District, Kanawha Water District, Holthouse stand—yes, I see your little chart over took a job 45 days after he quit with Water District, Cortina Water District, there that you’re going to throw up. the water contractor that is supporting Davis Water District, LaGrande Water Dis- That was 1994, and it said precisely trict, 4M Water District, Dunnigan Water this bill. Figure it out yourself. Figure District, Colusa County Water District, what we ought to do today. And that out what is going on here. This is a Westside Water District is: today, we ought to be working to- theft of 800,000 acre feet of environ- Bella Vista Water District gether to solve the problems of Cali- mental water. This is an overturning of Reclamation District No. 108 * fornia water. And guess what, Cali- California water law, and we ought not Maxwell Irrigation District * fornia is. do it. Sutter Mutual Water Company * Provident Irrigation District * But with this law in place, it won’t ANNOUNCEMENT BY THE ACTING CHAIR Natomas Mutual Water Company * happen. The ability of California to The Acting CHAIR. The Chair would River Garden Farms * work together to solve its problems is remind Members to address their re- Glenn Colusa Irrigation District * thrown out. What sense does that make marks to the Chair. Glenn-Colusa Irrigation District * unless you want to steal 800,000 acre Mr. HASTINGS of Washington. Mr. Princeton-Codora-Glenn Irrigation District feet of water and take an agreement Chairman, before I yield to the sponsor *

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2509 Chowchilla Irrigation District* Kingsburg Federal Land Bank Madera City Councilwoman Sally NATIONAL ORGANIZATIONS AGRI Crop Insurance Agency Bomprezzi Redding Electric Utility Madera City Councilmember Robert U.S. Chamber of Commerce Proteus Inc. Poythress National Federation of Independent Busi- Aquarius Aquarium Institute Madera City Councilmember Gary Svanda ness Ferguson Farming Company City of Clovis Americans for Limited Government Lost Wagon Wheel Ranch City of Orange Cove National Taxpayers Union Brooks Ransom Associates City of Reedley Americans for Tax Reform Bettencourt Farms City of Huron Citizens Against Government Waste Kings Ranch City of Dinuba American Land Rights Association Waymire Farms Small Business & Entrepreneurship Coun- City of Visalia Nelson Ranch cil City of Lindsay Triple J Trust Western Business Roundtable City of Tulare Westside Ranch City of Woodlake NATIONAL FARM ORGANIZATIONS Freitas Farms 1 City of Farmersville Western Growers JHP Ranch Inc City of Fire baugh Family Farm Alliance Joseph G Freitas Farms City of Kingsburg Agricultural Retailers Association Brooks Farms City of Kettleman City National Turkey Federation GCM Farms City of Lemoore National Cattlemen’s Beef Association Farmer’s Fury Winery City of Coalinga National Agricultural Aviation Associa- Stone Land Company City of Porterville tion Errotabere Ranches City of Chowchilla National Cotton Council Houlding Farms City of Waterford American Pima Cotton Producers TEA PARTY SUPPORTERS LAW ENFORCEMENT National Chicken Council Mark Meckler, Co-Founder Tea Party Pa- Milk Producers Council Fresno County DA Elizabeth Egan triots National Onion Association Tulare County DA Phil Cline Central Valley Tea Party Supima Tulare County Sheriff Bill Wittman North Valley Patriots Western Plant Health Association Fresno County Sheriff Margret Mims Dairy Farmers of America OTHER SUPPORTERS Madera County Sheriff John Anderson Western Agricultural Processors Associa- Stewards of the Sequoia Kings County Sheriff Dave Robinson tion Kelly Lilies, Area Administrator, Catholic LOCAL BUSINESS ORGANIZATIONS Irrigation Association Charities Fresno Chamber of Commerce CALIFORNIA FARM ORGANIZATIONS TRIBAL GOVERNMENTS Clovis Chamber of Commerce California Wool Growers Association Santa Ynez Band of Chumash Indians Visalia Chamber of Commerce Tulare Chamber of Commerce California Cattlemen’s Association STATE ELECTED LEADERS California Grain Feed Association Kingsburg Chamber of Commerce Senator Jean Fuller California Cotton Ginners & Growers Greater Bakersfield Chamber of Commerce Senator Bill Emmerson Assoc. Greater Reedley Chamber of Commerce Senator Anthony Cannella California Citrus Mutual Riverbank Chamber of Commerce Senator Joel Anderson California Olive Growers Council Home Builders Association of Tulare-Kings Senator Bob Huff California Grape and Tree Fruit League * Support limited to Title IV. Senator Tom Berryhill California Dairies Inc. ** Supports bill but no opinion on Title II. Senator Mimi Walters California Poultry Federation: Foster *** Friant settling party supports bill—rec- Senator Tony Strickland Farms; Aviagen Turkeys, Inc.; Zacky Farms; ommends settling parties adopt Title II. Senator Mark Wyland Squab Producers of California; Willie Bird Senator Bob Dutton Turkeys ASSEMBLY, Senator Tom Harman Apricot Producers of California CALIFORNIA LEGISLATURE, Senator Sharon Runner Allied Grape Growers Sacramento, CA, June 9, 2011. Senator Ted Gaines Almond Hullers & Processors Association Congressman DEVIN NUNES, Senator Doug LaMalfa Longworth House Office Building, LOCAL FARM ORGANIZATIONS Minority Leader Connie Conway Washington, DC. Fresno County Farm Bureau Assemblyman David Valadao CONGRESSMAN DEVIN NUNES: We, the under- Kern County Farm Bureau Assemblyman Jeff Miller signed members of the CA State Legislature, Tulare County Farm Bureau Assemblywoman Diane Harkey support The San Joaquin Valley Water Reli- Kings County Farm Bureau Assemblywoman Shannon Grove ability Act, H.R. 1837, as introduced by Con- Madera County Farm Bureau Assemblyman Jim Silva gressman Devin Nunes (R–21) and co-spon- Merced County Farm Bureau Assemblyman Brian Jones sored by Congressman Jeff Denham (R–19) Fresno-Kings Cattlemen Assemblyman Cameron Smyth and Majority Whip Kevin McCarthy (R–22). Assemblyman Katcho Achadjian CALIFORNIA BUSINESSES H.R. 1837 is sensible water policy that codi- Assemblyman Donald Wagner Paramount Farms fies the bipartisan Bay-Delta Accord into Assemblyman Mike Morrell Harris Ranch law and also reforms the Central Valley Assemblyman Allan Mansoor Harris Woolf Almonds Project Improvement Act (CVPIA). By doing Assemblyman Brian Nestande Borba Farms so, water supplies will be increased by 1.4 Assemblyman Steve Knight Land O’ Lakes million acre-feet annually, which will create Assemblywoman Linda Halderman Sagoupse Enterprises LLC 25,000 30,000 jobs in the San Joaquin Valley, Assemblyman Paul Cook Sagouspe Family Orchards I, II, III, IV a region suffering from 20–40% unemploy- Assemblyman Martin Garrick Lyons Magnus ment. Additionally, by repealing and replac- Assemblyman Curt Hagman Wawona Packing ing the San Joaquin River Settlement with a Lyons Transportation CITIES/COUNTIES viable alternative, H.R. 1837 will save tax- Triple J Partners Kings County Board of Supervisors payers $1 billion. Ghost Ranch LLC Tulare County Board of Supervisors We would like to express our support for Old West Management LLC Merced County Board of Supervisors this important piece of legislation. Panoche Creek Packing, Inc. Fresno County Supervisor Phil Larson Sincerely, Double D Farms Fresno County Supervisor Deborah David G. Valadao, 30th District; Diane Penny Newman Grain Company Poochigian Harkey, 73rd District; Jeff Miller, 71st Chaney Ranch Fresno County Supervisor Judith Case District; Shannon Grove, 32nd District; Wind Fall Farms Madera County Supervisor Frank Bigelow Jim Silva, 67th District; Connie Panoche Creek Farms Madera County Supervisor David Rogers Conway, 34th District; Katcho J.G. Avila Farms Madera County Supervisor Ronn Dominici Achadjian, 33rd District; Mike Morrell, Rock’n JK Farms Stanislaus County Supervisor Terry 63rd District; Brian Jones, 77th Dis- Sano Farms Withrow trict; Cameron Smyth, 38th District; Quad Knopf—Civil Engineering Fresno City Council President Clinton Donald P. Wagner, 70th District; Allan Alvarado Building Group Olivier R. Mansoor, 68th District; Brian

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2510 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 Nestande, 64th District; Linda creasing. We can see here in this graph ilies, and their livelihood. I am sure you’ve Halderman, 29th District; Martin at the bottom—I know it may be hard heard this complaint. But before, as with fu- Garrick, 74th District; Steve Knight, for some folks to see. The water ex- ture generations, it is of great concern to 36th District; Paul Cook, 65th District; ports are here. The green represents me. Please do what you can to get the water Curt Hagman, 60th District. to the farmers once again, then we can use total water that flowed into the delta the fertile soil that the people of this valley CALIFORNIA STATE SENATE, throughout the last 25 years. The red have been blessed with. line indicates salmon populations. Lo Sacramento, CA, February 27, 2012. This sixth-grader is correct. This and behold, there is no correlation be- Congressman DEVIN NUNES, Congress should do the right thing. We Longworth House Office Building, tween the water inflow into the delta need Democrats and Republicans to Washington, DC. and salmon population. come together today. As the Speaker of CONGRESSMAN DEVIN NUNES, We, the under- But I will agree that the salmon pop- signed members of the California State Leg- ulation has declined, and this bill be- the House stated earlier, this is to islature, support the San Joaquin Valley gins to fix that problem. Why? Because right a wrong. Water Reliability Act, H.R. 1837, as intro- I urge passage of this bill. the delta smelt and salmon are being duced by Congressman Devin Nunes (R–21) Mrs. NAPOLITANO. Mr. Chairman, I eaten by predator fish that are non- and co-sponsored by Congressman Jeff can’t believe how many of these people native to the delta. Let me say that Denham (R–19) and Majority Whip Kevin that wrote letters and the stake- again. Striped bass, nonnative to the McCarthy (R–22). holders, including 105 fishing agencies, H.R. 1837 is sensible water policy that codi- delta. fies the bipartisan Bay Delta Accord into law This scientific evidence shows, as the could be so wrong. and also reforms the Central Valley Project bass population has increased, the I yield 3 minutes to the gentleman Improvement Act (CVPIA). By doing so, smelt population has declined. This bill from Massachusetts (Mr. MARKEY). water supplies will be increased by 1.4 mil- rectifies this. This bill allows fisher- Mr. MARKEY. I thank the gentle- lion acre-feet annually, which will create men to fish for the nonnative species. lady. 25,000 30,000 jobs in the San Joaquin Valley, While this bill directly affects the What this is about is we’re shutting off a region that is suffering from 20–40% unem- State of California, even though the ployment. Additionally, by repealing and re- the water to Californians and to their families because of the delta smelt State of California opposes the legisla- placing the San Joaquin River Settlement tion, it is also opposed by representa- with a viable alternative, H.R. 1837 will save right here. taxpayers $1 billion. They talk a lot about these dan- tives of the other western water inter- We would like to express our support for gerous pumps that are pumping this ests—the State of Montana, the State this important piece of legislation. water, these engineering projects that of New Mexico, the State of Oregon, Sincerely, allowed this valley to bloom, that have the State of Wyoming, the State of Jean Fuller, 18th Senate District; An- improved the environment over time. Colorado—which have all joined Cali- thony Cannella, 12th Senate District; fornia in saying they don’t want this Bob Huff, 29th Senate District; Bill Less than 2 percent of the juvenile salmon—it is negligible in the pumps. bill. Emmerson, 37th Senate District; Joel Why are they all saying that? They Anderson, 36th Senate District; Tom Instead of looking at ways to stop that Berryhill, 14th Senate District; Mimi negligible impact, we allow the pred- are saying it because of the precedent Walters, 33rd Senate District; Mark ator fish, the striped bass, to eat 65 to that it will set in upsetting settled Wyland, 38th Senate District; Tom 90 percent of the juvenile salmon that water rights in the West. Harman, 35th Senate District; Ted are being eaten by this bass. b 1450 Gaines, 1st Senate District; Tony The Acting CHAIR. The time of the Now, to address that issue, the Re- Strickland, 19th Senate District; Bob gentleman has expired. Dutton, 31st Senate District; Sharon publicans have inserted in the bill lan- Mr. HASTINGS of Washington. I Runner, 17th Senate District; Doug guage that says this bill does not set a yield to the gentleman an additional 1 LaMalfa, 4th Senate District. precedent in upsetting all the water minute. rights in the West, as it upsets all the At this time, I am very pleased to Mr. NUNES. Here we have evidence water rights in California. So, what’s yield 3 minutes to the gentleman from of this. You can see the bass—I know UNES that like? Well, in 1929, the Belgian California (Mr. N ), the sponsor of this is a little gruesome for some folks surrealist painter, Rene Magritte, this legislation, who has been an abso- at home. Here you have the smelt in- painted a painting of a tobacco pipe. lute leader on bringing this to national side the bass. Yet this government is Under the pipe, he painted the words, attention. allowing this nonnative species to eat Mr. NUNES. Mr. Chairman, I would ‘‘This is not a pipe.’’ But of course it the thing that they so love, the delta like to remind the gentleman from was a pipe—or at least a painting of a smelt. California that facts are a funny thing, What has been the result, Mr. Chair- pipe. This bill has a similar surrealistic and the Deputy Under Secretary ap- man? Food lines. In the breadbasket of quality to it. proved this bipartisan agreement in the world where they used to grow the The bill states that the violence of 1994. Nation’s carrots, we now import car- this bill in upsetting water rights is I remind the gentleman also that I rots from China to feed the people in not a precedent, that nothing that hap- defended his right in the Rules Com- the food lines. This is what this is pens in California will be a precedent mittee. I defended the right of the about. These are children in a food line for any other State—which is why of Democrats to have all their amend- eating carrots imported from China. course all the other States are oppos- ments made in order. Does this Congress have a moral ing the bill because of the precedent Mr. Chairman, when the Federal Gov- compass to do the right thing with re- that it sets. This bill sets the precedent ernment began to pass State preemp- gards to children in food lines eating to upset all those other arrangements. tion to take their water away, you can carrots imported from China? Others in the West who may wish to re- see here that up until this time we had The Acting CHAIR. The time of the structure water rights elsewhere full water allotment throughout Cali- gentleman has again expired. around the West will look to it as a fornia. Yes, when there was a drought, Mr. HASTINGS of Washington. I precedent. So I would say to the major- there were a few years we didn’t have yield the gentleman an additional ity: nice job, but no cigar. water, but look at the chaos that has minute. Clearly, this bill does set a bad prece- erupted since. This is an important Mr. NUNES. Mr. Chairman, we don’t dent, and we can’t get around that fact point. The Congress, by using State need any fancy speeches here today. A just by putting in the bill that it does preemptions, has managed to take sixth-grader from an elementary school not set a precedent. You are, for all in- water away from cities, communities, in my district—I won’t read the whole tents and purposes, taking all of those and families. thing—sent this letter: arrangements set up over generations The opponents of this bill claim that Not only does this problem affect the farm- and in one bill—opposed by all those somehow the salmon population is de- ing industry, it also affects the farmers, fam- States—upsetting the apple cart and

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2511 setting a brand new era. And you can- important part of the world’s food sup- heard in the United States Senate. not get around it by saying in the bill: ply. Therefore, it will never bring an addi- This does not set a precedent. H.R. 1837 is not perfect and has issues tional single drop of water to our re- Mr. HASTINGS of Washington. Mr. I think the authors should seriously gion that is desperately in need of Chairman, I am very pleased to yield consider, but I am supporting the legis- more water. 21⁄2 minutes to the gentleman from lation today because of a number of I think we can do better for our con- northern California (Mr. HERGER), an important provisions it contains. stituents by working together on a bi- individual who unfortunately is leaving Titles I and III of the legislation aim partisan basis with both Houses to de- Congress after this, but who has been a to address the biggest challenges for velop and implement solutions both in leader on property rights in that part water policy in California. In 2009 and the long term and the short term. of his State of California. 2010, valley communities suffered These are the efforts that really will Mr. HERGER. Mr. Chairman, I origi- through a hydrological and regulatory increase our water supply, which all nally voiced strong concerns when this drought that was insufferable. This Californians need and deserve to have. legislation was first introduced last year, we are again faced with below-av- Mr. HASTINGS of Washington. Mr. year, arguing that it would negatively erage snow pack in the mountains and Chairman, how much time is remaining impact northern California’s water may see as little as a 30 percent alloca- on both sides? supplies and undermine our senior tion for water in our area. The Acting CHAIR. The gentleman water rights; but under Chairman HAS- My congressional district is the most from Washington has 121⁄2 minutes re- TINGS’ leadership, it has come a very, impacted in California by this short- maining, and the gentlewoman from very long way. fall. Farmers, farmworkers, and farm- California has 151⁄2 minutes remaining. We have amended the bill so it not ing communities that live in my dis- Mr. HASTINGS of Washington. Mr. only protects northern California trict is what I’m talking about. Our Chairman, I am very pleased to yield 3 water and power users I represent, but water system is broken in California; minutes to the gentleman from Cali- in many respects puts them in a mate- but while we’re trying to fix it, we need fornia (Mr. DENHAM), a new Member rially better position. As such, I intend operational flexibility while we con- who represents part of this area that to strongly support it. It contains im- tinue to work on the long-term issues has been devastated and who was an in- portant reforms to the CVPIA, a law of the Bay-Delta Conservation Plan. tegral player on developing this legis- that has, like so many others, gone We should be discussing more con- lation. awry, including greater certainty for structive ways in which we can work Mr. DENHAM. Mr. Chairman, a lot agriculture through longer-term con- together. has been said about our area of the tracts, improved financial account- Title II of this measure repeals and State, where you have 30 to 40 percent ability, and a cap on the amount rate- replaces the San Joaquin River Res- unemployment in some areas. It’s not a payers I represent must pay into the toration Act. After 18 years of litiga- Republican issue; it’s not a Democrat restoration fund. tion, the parties involved decided to issue. It is an American jobs issue—to Most importantly, a new title IV con- reach an out-of-court settlement agree- put people back to work. tains an explicit Federal recognition of ment. We can all dispute that, but it Some people say, Well, those aren’t California water rights priority system was those 22 districts’ local govern- the kinds of jobs that we want. You and area of origin protections. Going ment that we respected who asked know, it’s a dusty, dirty way to earn a forward, it will also ensure water users them to codify their out-of-court set- living. Yeah, it is dusty; it is dirty. I’m in our area are not harmed by efforts tlement agreement. I note that the a farmer. And without water, you shut to address environmental and water- Friant Water Authority continues to down not only my farm, but you shut quality challenges in California. We oppose title II of the bill, as do many of down farms throughout the valley, you have created an important baseline for the districts who were involved with shut off our food supply, you shut off any water legislation to ensure north- the writing and the negotiation of the all of those jobs that desperately rely ern California’s water needs will be settlement agreement. on water. met first. Now, we do have problems with the Now, a lot of people like to talk There is broad support for these pro- implementation of the program—Con- about a deal is a deal. Back in 1994, we visions, including from the Tehama gressman CARDOZA and I will tell you— had this grand deal that took CVPIA Colusa Canal Authority, representing from the schedule, to costs, to third- water, took 800,000 acre-feet for envi- 17 water districts; the Northern Cali- party impacts, to the fulfillment of the ronmental purposes. The deal was that fornia Water Association; eight abso- water management goal, which is crit- water was supposed to be replaced. The lute priority settlement contractors; ical to the water users. These issues Department of the Interior never did the city of Redding; Redding Electric need to be addressed. But simply re- that, just stole 800,000 acre-feet of Utility; and the Family Water Alli- pealing the settlement agreement water, which still has to be paid for by ance, a group representing Sacramento won’t solve any of these problems, in the contract; but nevertheless, we need Valley landowners. my view. In fact, I’m certain they’ll be to make sure that our valley farmers In short, the bill seeks to solve an- back in court the next day, and that’s are held whole. other tragic ESA-caused water short- not solving a problem. Let me talk about a couple of dif- age facing our family farmers in Cali- We have had a long history of work- ferent issues within this bill. fornia. And it does so while fully pro- ing on a bipartisan basis in California b 1500 tecting senior water rights holders in and in the San Joaquin Valley among my district, and in many ways enhanc- our Representatives on water. It frus- Again, this is about our priorities as ing their positions. trates me to see the division on the the House. The Senate may or may not I urge strong support for the bill. House floor that has politicized this agree with them, but we’ll never know Mrs. NAPOLITANO. Mr. Chairman, I situation and arguably does nothing if we don’t have the debate. Shouldn’t yield 31⁄2 minutes to the gentleman for the people that I represent. I have the Senate at least have an oppor- from California (Mr. COSTA). always been willing to work on both tunity to look at this bill and vote on Mr. COSTA. I thank the gentle- sides of the aisle, with the Senate, and the bill and debate the bill? woman for yielding. with the administration to get things If they don’t like the bill, present us Mr. Chairman, I rise to discuss a done for our valley; and I have done your own; but don’t just ignore valley matter of great importance to my con- that throughout my career. But unless farmers. Don’t just ignore the amount stituents in the San Joaquin Valley, we are willing to work with Senator of jobs that we’re losing as a State. and that’s the future of our water sup- FEINSTEIN, who I know wants to be You don’t like it, come up with your ply. More importantly, it’s our Na- helpful, I predict that this measure own bill. We’ll vote on that; we’ll de- tion’s food supply and, therefore, an today, as it is proposed, will never be bate on that.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2512 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 But we’re going to express our pri- Unfortunately, the delta ecosystem without input from the Delta communities ority, and our priority is about the jobs is now in decline due to excessive water that rely on a healthy Delta for their liveli- of the Central Valley. We’re going to shipments to the south. Poor water hoods. It threatens the economic security of send you a bill that not only deals with quality is a threat to the region’s en- families, farmers, and small business owners in the Delta, as well as those in the Delta greater water certainty, but also deals tire agricultural economy and herit- and Northern California who depend on rec- with duplicative regulation. age. H.R. 1837 would even ship more reational and commercial fisheries. It also I’m also on the Transportation Com- water out of the delta, turning this threatens the urban economy surrounding mittee; and whether it’s the Resources precious estuary into a salty, stagnant the Delta—an area that is home to four mil- Committee or the Transportation Com- marsh, crushing the local economy, lion Californians and that is dependent on mittee, when you have a higher envi- and costing the delta region thousands the Delta to meet its water user needs. ronmental law, like California does, and thousands of jobs. H.R. 1837 deserves your opposition. This bill is a blatant water grab Sincerely yours, why go through these same environ- Barbara Barrigan-Parrilla, Executive Di- mental policies twice? Why not meant to help some communities at rector, Restore the Delta; Carolee Krieger, streamline NEPA so that you don’t the expense of others. Contrary to the President & Executive Director, California have that duplicative regulation that conservative principles that this bill’s Water Impact Network; Ann Johnston, shuts down our water projects? proponents claim to cherish, H.R. 1837 Mayor, City of Stockton, Delta Coalition And while we’re at it, we can fight all uses the power of the Federal Govern- Chair; Ron Addington, Executive Director, we want on where the water that we ment to undermine states’ rights. Business Council of San Joaquin County; currently have is delivered or who wins Dozens of local governments, busi- John Herrick, South Delta Water Agency; nesses, agricultural advocates, environ- Roger Mammon, President, CSBA West Delta and who loses; but we lose as a State, Chapter; Bill Jennings, Executive Director, we lose as a country until we get more mental groups and others oppose H.R. 1837. I have letters from these groups, California Sportfishing Protection Alliance; water storage. Jack Chapman, State Board President, Cali- We’ve put an amendment in this bill and I will insert them into the RECORD. fornia Striped Bass Association; John Beck- in committee that will authorize new FEBRUARY 27, 2012. man, Chief Executive Officer, BIA of the water storage, whether it’s Sites Res- Re OPPOSE H.R. 1837 (Nunes). Delta; Bobby Barrack, Professional Bass ervoir, Los Vaqueros, Shasta or, in my Hon. JOHN BOEHNER, Fisherman, Back to Class Guide Service. area, Temperance Flat. But we have to Speaker of the House, House of Representatives, Bill Berryhill, Assemblyman, 26th District, The Capitol, Washington, DC. California State Assembly; Roger Mammon, have more off-stream storage. President, CSBA West Delta Chapter; Jeff And in Los Vaqueros, in Congress- DEAR SPEAKER BOEHNER: On behalf of the undersigned organizations, we urge you to Shields, General Manager, South San Joa- man GARAMENDI’s own district, in his oppose the ‘‘San Joaquin Valley Water Reli- quin Irrigation District; Bill Wells, Execu- own backyard, we can have water stor- ability Act,’’ (H.R. 1837), which was intro- tive Director, California Delta Chambers & age today without any cost to the Fed- duced by Representative Nunes. Further- Visitor’s Bureau; Jeremy Terhune, Executive eral taxpayers. Where we’ve got users more, we do not believe that this bill merits Director, Friends of the lower Calaveras that are willing to pay for more water a vote by the U.S. House of Representatives. River; Steve Dial, Deputy Executive Direc- storage, and the water is desperately H.R. 1837 overrides the public trust as de- tor/Chief Financial Officer, San Joaquin Council of Governments; Jack Chapman, needed, why wouldn’t we approve those fined in the California Constitution and state water laws. It reverses the long-stand- President, CSBA Sacramento, The River projects? ing Congressional principle that the federal City Chapter; Alyson L. Huber, Assembly- That’s authorized in this bill. This government should follow state water law member, 10th District, California State As- bill deals with certainty. This does deal whenever possible. sembly. with a number of years of a problem, H.R. 1837 would reduce water quality and and it certainly deals with drought water availability for Delta communities THE BOARD OF SUPERVISORS, years, as well as certainty in wet and Delta farmers. It seeks to ensure water SAN JOAQUIN COUNTY, CA, years. But it also deals with greater flows to corporate agribusiness in the west- February 24, 2012. ern and southern San Joaquin Valley at the Hon. DOC HASTINGS, water storage. expense of Delta family farmers. The re- Chairman, Committee on Natural Resources, So if you want to end this debate cently-released Economic Sustainability Re- House of Representatives, Washington, DC. once and for all, let’s make sure we port authored by the Delta Protection Com- Hon. TOM MCCLINTOCK, keep up with the population growth of mission shows that Delta agriculture is Chairman, Subcommittee on Water and Power, California. Let’s have greater water worth $4.2 billion annually and provides tens Committee on Natural Resources, House of storage, and let’s solve this problem so of thousands of jobs. Delta agriculture and Representatives, Washington, DC. that we don’t have the double-digit un- jobs should not be sacrificed to benefit water Hon. EDWARD J. MARKEY, users in other parts of the state, some of Ranking Member, Committee on Natural Re- employment in the Central Valley. whom do not even use that water for agri- Mrs. NAPOLITANO. Mr. Chairman, I sources, House of Representatives, Wash- culture. ington, DC. must mention that California agri- H.R. 1837 would hinder efforts to restore Hon. GRACE NAPOLITANO, culture had the biggest banner year fish populations in the Delta. Science-based Ranking Member, Subcommittee on Water and during that period, in other words, in protections for salmon and other endangered Power, Committee on Natural Resources, the billions more than they had in species are required under both California House of Representatives, Washington, DC. state law and the Endangered Species Act. prior years during this drought. LETTER IN OPPOSITION TO H.R. 1837 Since 2009, the State of California has con- So with that, I yield 3 minutes to the sistently opposed legislation that would DEAR CHAIRMAN HASTINGS, RANKING MEM- gentleman from California (Mr. weaken the Endangered Species Act in the BER MARKEY, CHAIRMAN MCCLINTOCK, AND MCNERNEY). San Francisco Bay-Delta and Estuary. Title RANKING MEMBER NAPOLITANO: The County Mr. MCNERNEY. Mr. Chairman, I of H.R. 1837 would substitute measures that of San Joaquin is writing to express its oppo- someone needs to stand up and defend were part of a short-term agreement in 1994, sition to H.R. 1837, the proposed San Joaquin the delta. I’m standing to express my when the health of the Delta had not deterio- Valley Water Reliability Act. H.R. 1837 con- tains a number of provisions that appear to strong opposition to H.R. 1837. This leg- rated so seriously and when recent scientific studies had not yet been done. arbitrarily block legal protections for the islation will do tremendous damage H.R. 1837 would reverse San Joaquin River Sacramento-San Joaquin Delta (Delta). If and harm to the San Joaquin Delta, an restoration, thereby further impacting water enacted, H.R. 1837 would overturn important area that I’m honored to represent. quality and quantity for the south Delta. environmental protections for the Delta pro- The San Joaquin Delta is a treasure While the San Joaquin River restoration al- vided by State law, and would reverse the for California and the entire Nation. lows for a limited flow of additional water San Joaquin River Settlement. The delta flows through five counties into the south Delta, breaking the promise We recognize and appreciate the inclusion and sustains major cities, small towns, of San Joaquin River restoration would sig- of language in Title IV mandating that the Central Valley Project be operated in a man- and lush farmland. Agriculture is the nal to Delta communities the federal govern- ment’s sacrifice of the Delta for the pref- ner consistent with State water law provi- economic backbone of the delta, gener- erence of another region in California. sions related to ‘‘area of origin, watershed of ating nearly $800 million per year rev- This deeply-flawed bill joins a long list of origin and county of origin. . . .’’ This lan- enue in 2009. water strategies created behind closed doors guage is consistent with our long-held view

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2513

that federal law should specifically and fully The amended bill specifically would imple- DELTA COUNTIES COALITION, CONTRA recognize and respect California’s water ment the following harmful actions. COSTA COUNTY, SACRAMENTO rights priority system and statutory protec- 1) It would repeal the San Joaquin River COUNTY, SAN JOAQUIN COUNTY, tions for ‘‘areas of origin’’. Settlement, an agreement from 2006 that was SOLANO COUNTY, YOLO COUNTY, However, H.R. 1837, taken as a whole, decades in the making among public and pri- ‘‘WORKING TOGETHER ON WATER would move the Sacramento-San Joaquin vate interests and provided the foundation AND DELTA ISSUES,’’ River region and the State in the wrong di- for the San Joaquin River Restoration Pro- February 24, 2012. rection. The bill is focused on the past; it gram, Re H.R. 1837. takes us backwards, and that is not a direc- 2) It would eliminate the San Joaquin Hon. JOHN BOEHNER, tion that holds any promise for collabo- River Restoration Program, which is critical Speaker, House of Representatives, rative, consensus-based solutions to Califor- to restoring Bay-Delta flow, Delta water Washington, DC. nia’s complex water challenges or a healthier quality, salmon population and ecosystem Hon. NANCY PELOSI, Delta. If enacted, H.R. 1837 would stall and health. By cutting this program when it has Democratic Leader, House of Representatives, potentially disrupt current efforts of various only just begun, H.R. 1837 will stymie Washington, DC. State and Federal agencies as they work to- progress in restoring the highly dammed, DEAR MR. SPEAKER AND MADAM LEADER: ward the implementation of California’s 2009 constrained and polluted San Joaquin River The Sacramento-San Joaquin Delta Counties Comprehensive Water Package (SB1, SB 6, and will further jeopardize Delta water qual- of Contra Costa, Sacramento, San Joaquin, SB7, and SB8), which mandates a reduced re- ity and wildlife populations. Solano, and Yolo, working together as the liance on the Sacramento-San Joaquin 3) The bill would significantly reduce the Delta Counties Coalition (DCC), write to ex- Delta, provision of a high quality supply of allocation of federally provided (Central Val- press our strong opposition to H.R. 1837, as water, and restoration of the Delta’s eco- ley Project) water that is currently used for currently constructed. system (e.g., the forthcoming Bay Delta Con- wildlife and habitat restoration each year The DCC is concerned that H.R. 1837 con- servation Plan). per the CVPIA. This water will instead be In addition, we oppose the closed-door provided to specific agricultural users. tains a number of provisions that arbitrarily process used in constructing the bill. H.R. 4) H.R. 1837 also would remove the tiered block legal protections for the Sacramento- 1837 was put together with neither public pricing structure that the CVPIA put in San Joaquin Delta (Delta) and its fisheries transparency nor any meaningful input from place to encourage wise water use and con- for the benefit of a specific group of agricul- the diversity of California’s water and envi- servation. Under the tiered structure, the tural water users. Among our concerns are ronmental interests. CVP provides below-cost, subsidized prices to the consequences of provisions that would We appreciate your consideration of our its water recipients for up to 80 percent of change or limit the use of the 800,000 acre- concerns regarding H.R. 1837, and we look their contract amounts of water, slightly feet of Central Valley Project (CVP) water forward to continuing to work with you to higher prices for the next 10 percent of their that was devoted to fish and wildlife pur- ensure that any legislation that moves for- contract amounts, and full-cost pricing for poses in the original Central Valley Project ward will promote and protect a healthy the final 10 percent of their contract Improvement Act (CVPIA). We also have sig- Delta environment and clean water supply to amount. Since water deliveries have rarely nificant concerns about the impacts to Delta support a Delta economy. If you have any been over 90 percent in recent years, recipi- fisheries, water quality, and sensitive eco- questions, please contact Tom Gau, Public ents generally have benefited from below- systems that would result from the bill’s re- Works Director at (209) 468 3100 or me at (209) cost pricing provided by the federally sub- quirement to revert back to the provisions of 468 3113. sidized rates. the 1994 Bay-Delta Accord as the benchmark Sincerely, 5) The bill will discard the past two dec- environmental document to be used in meet- ades worth of scientific research about Delta KEN VOGEL, ing today’s biological and hydrological needs Vice-Chairman, Board of Supervisors, conditions by rolling back water-supply reg- in the Delta. Additionally, we are gravely San Joaquin County. ulations to those of a 1994 agreement known concerned about the consequences of provi- as the Bay-Delta Accord. The Accord was de- sions that preempt state land, water and en- veloped before the crash of numerous Delta THE BOARD OF SUPERVISORS, vironmental laws which currently require species and before the scientific community CONTRA COSTA COUNTY, CA, more stringent protections than those out- February 23, 2012. developed its current base of knowledge lined in the Accord, which was agreed to Re H.R. 1837—OPPOSE. about these issues. By rolling back water op- nearly 18 years ago. This would ignore the erations guidelines to 1994, there will be even last two decades’ worth of scientific research Hon. JOHN A. BOEHNER, greater harm to species including fall-run Speaker of the House, about Delta issues and would base water op- Chinook salmon. This will cause further eco- erations on out-of-date science that was in Washington, DC. nomic harm to fisheries and fishing-related DEAR SPEAKER BOEHNER: As Chair of the place before the crash of Delta wildlife spe- businesses in the Delta, cies in recent years. Furthermore, as a bipar- Board of Supervisors of Contra Costa Coun- 6) H.R. 1837 waives the current requirement tisan coalition, we are surprised that this ty, I write to express my opposition to H.R. that new federal dam projects in the Central House would consider top-down, big govern- 1837, and I urge you to do everything you can Valley comply with the National Environ- ment legislation preempting state law in a to prevent this ill-considered bill from be- mental Policy Act. The lesson learned from manner that is antithetical to core philoso- coming law. construction of the Friant Dam on the San phies of the Majority. We must ensure that As one of the five counties located in Cali- Joaquin River by the Bureau of Reclamation fornia’s Sacramento-San Joaquin River is that ignoring environmental impacts can any legislation that moves forward will Delta, Contra Costa County depends on Delta wipe out entire runs of salmon and adversely avoid cannibalizing one part of California’s waters for drinking, recreation, environ- impact other species that rely on adequate economy to benefit another’s—our litmus mental health and a good portion of our water flows. All water resources projects test will be to see if the bill supports, rather economy which is related to boating, fishing must undergo full and detailed environ- than jeopardizes, a Delta economy based on and other service businesses in the Delta mental review and any environmental im- agriculture, fishing/hunting, recreation, and area. pacts must be fully mitigated. tourism. Reading the amended bill broadly, it will Finally, I will add a comment about the Another major problem with the bill is provide more water, at subsidized prices, to process this bill has undergone. It is our un- that it scraps the San Joaquin River Res- Central Valley agribusiness at the expense of derstanding that no public hearings were toration Program, which is needed to begin Delta water quality and ecological health, held on the amended bill, which was consid- restoring the San Joaquin River to reestab- which in turn threatens Contra Costa County ered in Committee less than 48 hours after lish salmon runs, improve river water qual- water users, the Delta economy, and ulti- the bill was made public. Had there been ity and restore the river’s Bay-Delta flow. mately the economy of California. more time allotted for comment on this bill, The restoration is needed to improve the Reading the bill at a more detailed level, it undoubtedly objections would have been health of the river and the Delta. will gut some of the best provisions of the voiced sooner. While some of the provisions of the bill are Central Valley Project Improvement Act Such critical decisions on water policy consistent with our long held view that fed- (CVPIA), and it repeals the San Joaquin should have been debated in full public view eral law should specifically and fully recog- River Settlement. Both of these prior acts with adequate time for comment, particu- nize and respect California’s water rights helped provide a foundation for restoring larly in this instance where the Congress is priority system and statutory protections Bay-Delta health and establishing sound attempting to overturn long-standing state for areas of origin, taken as a whole, H.R. water management practices in California. water management practice. 1837 takes our region and the State in the To gut them or eliminate them for the ben- Thank you in advance for your consider- wrong direction. By undercutting decades of efit of a specific group of water users flies in ation of these concerns. agreements and ongoing negotiations, this the face of long-standing California water Sincerely, bill brings us no closer to solving Califor- policy and would be an unprecedented and MARY NEJEDLY PIEPHO, nia’s complex water challenges. We also are ill-advised act for the Congress to take. Chair, Board of Supervisors. troubled by the way the bill was constructed.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.000 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2514 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 It was put together behind closed doors, with satisfy the existing or potential needs within But this is the one that is most offen- neither public transparency nor meaningful that watershed. For example, no water will sive, this exporting of our agriculture input from the diversity of California’s water be diverted which will be needed for the full products. San Joaquin Valley used to and environmental interests. There were no development of all of the irrigable lands hearings held on the version of the bill that within the watershed, nor would there be place vegetables, safe vegetables grown the Committee considered less than 48 hours water needed for municipal and industrial in America on store shelves across the after it was made public. A balanced, con- purposes or future maintenance of fish and country. Today we import vegetables sensus based solution is only possible if the wildlife resources.’ ’’ (See 84th Congress, 2d from countries that use pesticides that interests of all stakeholders are considered. Session House Document No. 416, Part One are disallowed here. The DCC looks forward to continuing to Authorizing documents 1956 at Pages 797 799.) work with California’s congressional delega- H.R. 1837 attempts to repeal the San Joa- We have an unsafe food supply. We tion to promote and protect a healthy Delta quin River Settlement—The actions of the have more people out of work, and we environment. If you have questions, please United States in deliberately dewatering have deficits because we don’t have do not hesitate to contact us. portions of the San Joaquin River and col- tax-paying citizens. Sincerely, laborating in its degradation is a national Mary Nejedly Piepho, Supervisor, Contra disgrace and should be corrected. The San This bill simply is a commonsense, Costa County; Don Nottoli, Supervisor, Sac- Joaquin River Settlement is a voluntary and bipartisan solution that puts people ramento County; Larry Ruhstaller, Super- contractual resolution to years of litigation back to work, provides a safe food sup- visor, San Joaquin County; Michael J. which is but a small step towards remedi- ply, and makes America more sound. ation of longstanding patterns of wrong- Reagan, Supervisor, Solano County; Mike It’s common sense. We should vote for McGowan, Supervisor, Yolo County. doings. It should be honored not cir- cumvented. it. H.R. 1837 would remove much of the CVPIA CENTRAL DELTA WATER AGENCY, Mrs. NAPOLITANO. I yield 21⁄2 min- Stockton, CA, February 24, 2012. protection for fish which was the quid pro utes to the gentleman from California Re Opposition to H.R. 1837 (Nunes). quo for the significant benefits extended to Federal water contractors and in particular (Mr. THOMPSON). Hon. JOHN BOEHNER, Speaker of the House, House of Representatives, the ability to profit from transfer of sub- Mr. THOMPSON of California. Mr. The Capitol, Washington, DC. sidized water. Chairman, I rise in strong opposition This would be but another action con- DEAR SIR: The Central Delta Water Agency firming the lank of credibility of our Federal to this jobs killer act that ignores encompasses approximately 120,000 acres in government. Although not a party to the ne- more than 20 years of established the central portion or California’s Sac- gotiations leading to the CVPIA, it would science. ramento-San Joaquin Delta. We are con- appear that any repeal of the environmental cerned with the adequacy of the quality and Tens of thousands of people depend benefits should include a repeal of the bene- flow of water in the channels of the Delta. fits to water contractors. We suggest no on the Bay-Delta for their livelihoods, Although the use of such water in our agency change. including many farmers, fishermen, is primarily agricultural, there are also sig- H.R. 1837 represents the wrong approach to and sportsmen who contribute billions nificant urban, recreational, industrial and addressing water issues in the State of Cali- habitat uses. We are opposed to the passage of dollars to our economy every year. fornia and would be a terrible precedent for of H.R. 1837 for the following reasons among similar actions affecting other States. Sadly, the sponsors of this bill are others: Yours very truly, using the legislation to create winners H.R. 1837 would override State constitu- DANTE JOHN NOMELLINI, tional protection for the public trust, State and losers by preempting California Manager and Co-Counsel. water rights law and even preclude the State law. This bill would take water State’s ability to set limits on the take of H.R. 1837 would devastate my entire from folks in northern California for non-native fish. (Pages 19 and 20 of the bill.) region, but folks from other States use in California’s Central Valley. This This intrusion on State’s rights is not only should also oppose this bill. With little means even less water to sports fisher- a break with tradition and respect but is of debate, and complete disregard for the men and to commercial fishermen, the questionable constitutionality. This is bad consequences, this bill sets a dangerous basis of two thriving industries in our law and bad precedent which does not ad- precedent so that the Federal Govern- dress the underlying problem of insufficient State. water to meet needs in dry years. ment can undermine State water law developed over decades. Your State The Pacific Coast Federation of Fish- H.R. 1837 would represent yet another sig- ermen’s Associations strongly opposes nificant breach of the promises by the could be next. United States to the people of California This bill is a shameful attempt to re- the bill. They estimate that over 25,000 that exports would be limited to surplus write California water laws to benefit a jobs were lost in the salmon fishing in- water. few selected water users, regardless of dustry due to the 2008 and 2009 closures. ‘‘On February 17, 1945, a more direct an- how much harm is done to other parts The American Sportsfishing Associa- swer was made to the question of diversion of the State. Democrats and Repub- tion shows that California’s economy of water in a letter by Acting Regional Di- licans should stand united in our desire rector R.C. Calland, of the Bureau, to the suffers $1.4 billion in loss each year Joint Committee on Rivers and Flood Con- to block this legislation from becoming that the salmon fishery season is trol of California State Legislature. The law. I urge my colleagues in the closed. If this bill becomes law, these committee had asked the question, ‘What is strongest possible terms to oppose H.R. jobs would be lost forever, and the eco- your policy in connection with the amount 1837. nomic losses would be permanent. of water that can be diverted from one wa- Mr. HASTINGS of Washington. Mr. tershed to another in proposed diversions?’ Chairman, I yield 1 minute to the gen- Appropriate amounts of water are In stating the Bureau’s policy, Mr. Calland tleman from New Mexico (Mr. PEARCE), also critical to support the economies quoted section 11460 of the State water code, another Member from the West, and for wildlife-associated recreation. In which is sometimes referred to as the county California, 7.4 million sportsmen con- of origin act, and then he said: ‘As viewed by the chairman of the Western Caucus the Bureau, it is the intent of the statute who knows this issue very well. tribute over $8 billion to the economy that no water shall be diverted from any wa- Mr. PEARCE. Mr. Chairman, I rise in every year. Without water, many of tershed which is of will be needed for bene- strong support of H.R. 1837. The Nation these hunting, fishing, and wildlife- ficial uses within that watershed. The Bu- is faced with trillion-dollar deficits, watching activities will be lost. reau of Reclamation, it its studies for water persistent unemployment above 8 per- More than 200 sportsmen’s organiza- resources development in the Central Valley, cent, and we continue to use the Fed- tions have written to express their op- consistently has given full recognition to the eral Government to kill jobs and to ex- position to this bill. These men and policy expressed in this statute by the legis- port them to China. lature and the people. The Bureau has at- You can take a look at what the women recognize the extreme con- tempted to estimate in these studies, and sequences of this measure. will continue to do so in future studies, what President recently did regarding the the present and future needs of each water- Keystone pipeline. You can look at the Mr. Chairman, I’d like to insert this shed will be. The Bureau will not divert from export of the rare-Earth mineral mines letter that I have signed by those over any watershed any water which is needed to to China. 200 organizations into the RECORD.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2515

FEBRUARY 26, 2012. San Joaquin Valley at the expense of smaller Group; Zeke Grader, Executive Director, In- Hon. JOHN BOEHNER, Delta family farmers. The recently released stitute for Fisheries Resources; Siobahn Speaker of the House, House of Representatives, Economic Sustainability Report authored by Dolan, Director, Desal Response Group. Washington, DC. the Delta Protection Commission shows that Andrew J. Orahoske, Conservation Direc- Hon. NANCY PELOSI, Delta agriculture is worth $4.2 billion annu- tor, Environmental Protection Information Minority Leader, House of Representatives, ally and provides tens of thousands of jobs. Center; Scott Greacen, Executive Director, Washington, DC. Delta agriculture and jobs should not be sac- Friends of the Eel River; Mati Waiya Execu- DEAR SPEAKER BOEHNER AND MINORITY rificed to benefit water users in other parts tive Director Wishtoyo Foundation, Karen LEADER PELOSI: The California Environ- of the state, some of whom do not even use Schamback, California Field Director, Cali- mental Water Caucus, and the numerous en- that water for agriculture. This legislation fornia Public Employees for Environmental vironmental, environmental justice, rec- would further aggravate the water supply di- Responsibility; Rich Cimino, President, Ala- reational and commercial fishing groups, vide within the state and would help perpet- meda Creek Alliance; Milo Vukovich, Presi- legal and advocacy groups, and Indian tribes, uate the destructive ‘‘water wars’’ which dent, Sonoma County Abalone Network. Jeff Miller, Conservation Advocate, Center whose logos and names are attached to this characterize water rules in California. for Biological Diversity; Bill Wells, Execu- letter, would collectively like to express our In summary, H.R. 1837 is an unprecedented tive Director, California Delta Chambers & strong opposition to the ill-conceived and re- assault on a state’s ability to enact and sup- Visitors Bureau; Dave Steindorf, California gressive legislation contained in H.R. 1837, port its own water laws, and it is an Stewardship Director American Whitewater; the misleadingly entitled ‘‘Sacramento-San undisguised water grab in favor of one dis- Bill Ferrero, Owner, President, Mokelumne Joaquin Valley Water Reliability Act.’’ We trict to the detriment of other parts of the River Outfitters; Lorna Elness, President, do not believe that this bill merits a vote by state, all engineered by the federal govern- San Joaquin Audubon; Carol Perkins, Water the U.S. House of Representatives. ment. Resources Advocate Butte Environmental In summary, this radical legislation pre- For all of the above reasons, we oppose Council. empts state water law, eliminates environ- H.R. 1837 and request that you withdraw the Michael Warburton, Executive Director, mental protections for salmon and other legislation. The Public Trust Alliance; Sylvia Kothe, commercially valuable species, guts the 1992 DAVID NESMITH, Chairperson, Concerned Citizens Coalition of Central Valley Project Improvement Act, Co-Facilitator. Stockton; Frank Egger, President, North and overturns the broadly supported, court NICK DI CROCE, Coast Rivers Alliance; Luke Breit, Legisla- approved settlement to restore the San Joa- Co-Facilitator. tive Advocate Forests Forever; Marily quin River. As a result, this bill threatens The following 190 organizations are sig- Woodhouse, Director, Battle Creek Alliance; thousands of salmon fishing jobs and com- natories to this comment letter: Jeremy Terhune, Coordinator, Friends of the munities in California and Oregon, water Bill Jennings, Executive Director, Cali- Calaveras. quality in the Bay-Delta, and the reliability fornia Sportfishing Protection Alliance; Don McEnhill, Riverkeeper, Russian of California’s water supplies. Dave Britts, President, Pacific Coast Federa- Riverkeeper; Tim Little, Co-Director, Rose H.R. 1837 would overturn the fundamental tion of Fisherman’s Associations; Carolee Foundation; Steve Shimek, Chief Executive Congressional principle which requires the Krieger, Executive Director, California The Otter Project, Greywolf, Jeff Kelly federal government to follow state water law Water Impact Network; Jonas Minton, Sen- Chief, Modoc Nation; Alan Harthorn, Execu- whenever possible. This principle has been a ior Water Policy Advisor, Planning and Con- tive Director Friends of Butte Creek; Larry bulwark of rights reserved to the individual servation League; Ron Stork, Senior Policy Hanson, Manager, Northern California River states and should not be violated by this Advocate Friends of the River; Jennifer Watch. kind of legislation. Even more specifically, Clary, Water Policy Analyst Clean Water Ac- Steve Shimek, Program Manager Mon- this radical legislation would preempt the tion. terey Coastkeeper; Steve Pedery, Conserva- public trust doctrine as defined in the Cali- David Lewis, Executive Director Save the tion Director, Oregon Wild; Melanie Winter, fornia Constitution and eliminate the imple- Bay; Joan Clayburg, Executive Director, Si- Founder & Director, The River Project; mentation of a bipartisan package of water erra Nevada Alliance; Deb Self, Executive Larry Glass, President, Safe Alternatives for policy reform legislation adopted by the Director, San Francisco Baykeeper; Jim our Forest Environment; Lynne Plambeck, State of California in 2009. Metropulos, Senior Advocate, Sierra Club Executive Director, Santa Clarita for Plan- H.R. 1837 would defeat efforts to restore California; Chris Wright, Executive Director ning and the Environment; Marie Logan & fish populations in the Delta. Science-based Foothills Conservancy; John Merz, Presi- Jessie Raeder, Co-Presidents, SalmonAid protections for salmon and other endangered dent, Sacramento River Preservation Trust. Foundation. species are required under both California Conner Everts, Executive Director, South- Karen Schambach, President, Center for state law and the Endangered Species Act. In ern California Watershed Alliance; Barbara Sierra Nevada Conservation; Rain Ananacel, order to support recovery of endangered fish Barrigan-Parrilla Executive Director, Re- Executive Director, Northcoast Environ- species, the State of California has consist- store the Delta; Caleb Dardick, Executive mental Center; Michael Schweit, President, ently opposed legislation that would weaken Director, South Yuba River Citizens League; Southwest Council Federation of Fly Fish- the Endangered Species Act in the San Fran- Barbara Vlamis, Executive Director ers; Chris Poehlmann, President, Friends of cisco Bay-Delta and Estuary. H.R. 1837 would AquAlliance; Caleen Sisk-Franco, Spirtual the Gualala River; Brenda S. Adelman, strip those protections. Leader & Traditional Chief Winnemen Wintu Chairperson, Russian River Watershed Pro- H.R. 1837 would gut the Central Valley Tribe; Victor Gonella, President, Golden tection Committee; Nate Rangel, President, Project Improvement Act of 1992, which cor- Gate Salmon Association. California Outdoors. Chet Ogan, Conservation Chair, Redwood rected numerous deficiencies built into the Geoffey McQuilkin Executive Director Regional Audubon Society; Susan Robinson, federal Central Valley Project. The Act re- Mono Lake Committee; Huey D. Johnson, Board Member, Ebbetts Pass Forest Watch; quires compliance with state law, encourages President, Resource Renewal Institute; Bob Dean, President, Upper Mokelumne water conservation, makes modest reforms Adam Scow, California Campaign Director River Watershed Council; Trevor Kennedy, to reduce water subsidies, and contributes Food and Water Watch; Linda Sheehan, Ex- Executive Director, Fishery Foundation; water for the recovery of endangered fish ecutive Director Earth Law Center; Leda Dan Silver, Executive Director, Endangered species. Huta, Executive Director, Endangered Spe- Habitats League; Jane Humes, Chair, Waldo H.R. 1837 would overturn the 2009 court ap- cies Coalition; Capt. Roger Thomas, Presi- Holt Conservancy. proved San Joaquin River Restoration Set- dent, Golden Gate Fishermen’s Association. Michael Garabedian, Friends of the North tlement Act which ended twenty years of Mondy Lariz, Director, Santa Clara County Fork American River; Mike Hudson, Small litigation on the San Joaquin River. The Creeks Coalition; Larry Collins, President, Boat Commercial Salmon Fisherman’s Asso- Settlement and the Act were supported by San Francisco Crab Boat Owners Associa- ciation; Allison Boucher, Project Manager, all parties to the litigation and numerous tion; Leaf G. Hillman, Director, Karuk De- Tuolumne Conservancy; Michael Martin, water districts in the San Joaquin Valley partment of Natural Resources, Karuk Tribe; Ph.D., Director, Merced River Conservation and across the State, along with Members of Lloyd Carter, President, California Save Our Committee; Beth Werner, Baykeeper, Hum- Congress from both sides of the aisle. H.R. Streams Council; Eric Wesselman, Executive boldt Baykeeper; Kelli Gant, President, Trin- 1837 attempts to preempt state law that re- Director Tuolumne River Trust; Don ity Lake Revitalization Alliance. quires river restoration, and eliminates flood Rivenes, Conservation Chair, Sierra Foot- Rick Coates, Executive Director, Forest protection and water supply projects for hills Audubon. Unlimited; Sue Lynn, Secretary, Cascade Ac- farmers that were approved as part of the Esmeralda Soria, Legislative Advocate, tion Now; Larry Glass, President, South Fort Settlement and Act. California Rural Legal Assistance Founda- Mountain Defense Committee; Seymour H.R. 1837 would reduce water quality and tion; Mark Rockwell, Co-Conservation Direc- Singer, President, Pasadena Casting Club; water reliability for Delta communities and tor, Northern California Council Federation Dick Harris, President, Santa Clarita Cast- Delta farmers. It seeks to ensure water flows of Fly Fishers; Dan Bacher Editor, Fish ing Club; Ken Javorsky, President, Tri-Val- to agribusiness in the western and southern Sniffer; Alan Levine, Director, Coast Action ley Fly Fishers.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2516 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 Jim Cox, President, West Delta Chapter, Capt Bob Ingles, Queen of Hearts Charters; I am now pleased to yield 1 minute to California Striped Bass Association; Jackson Capt Brian Cutty, Chubasco Charters; Capt the gentleman from California (Mr. Brian Guiles, Flying Fish Charters; Capt Chapman, President, Sacramento Chapter, ROYCE). California Striped Bass Association; Roger Chris Chan, Ankeny St. Sportfishing. Mr. ROYCE. I thank the gentleman Mammon, President, Lower Sherman Island Capt Craig Shimokosu, New Salmon Queen Duck Club; Larry Dennis, Conservation Charters; Capt Dale Walters, Que Sera Sera for yielding. Chair, Mission Peak Fly Anglers; Henry Charters; Capt Dennis Baxter, New Captain Mr. Chairman, I must say, for those Sandigo, Conservation Chair, Granite Bay Pete Charters; Capt Don Franklin, Soleman of us who have seen this with our own Flycasters; Jim Tolonen, Conservation Sportfishing Charters; Capt Ed Gallia, New eyes, who saw the devastation in the Chair, Santa Cruz Fly Fishermen. Easy Rider Charters; Capt Frank Rescino, Central Valley, we know for a fact that Tom Bartos, President, Foothills Angler Lovely Martha Charters; Capt Harry Necees, when the aqueduct pumps in California Coalition; Bill Carnazzo, President, Spring Checkmate Charters; Capt Jack Chapman, Lovely Linda Sportfishing; Capt Jacky were slowed, when that water came to Creek Guide Service; Grant Fraser, Presi- a halt because of the orders and opin- dent, Auburn Flycasters; Mark Allen, Gen- Douglas, Wacky Jacky Charters; Capt Jay eral Manager, Adventure Connections, Inc.; Yokomozo, Huck Finn Charters; Jimmy Rob- ions issued partly by the Obama ad- Greg King, Siskiyou Land Conservancy; Jim ertson, Outer Limits Charters; Capt Joe ministration, what we saw was devas- Yarnall, President, Humboldt Area Salt- Gallia, El Dorado III Charters; Capt John At- tation. We saw the worst of it in 2010. water Anglers; Joesph Vaile, Campaign Di- kinson, New Ray Ann Charters; Capt John Over a million acre-feet of water were rector, KS Wild. Kluzmier, Sir Randy Charters; Capt Nick lost. Tens of thousands of jobs were de- Ron Forbes, Conservation Chair, Delta Fly Lemons, Star of Monterey Charters; Capt Ken Stagnaro, Stagnaro’s Charters; Capt stroyed in our State. The unemploy- Fishers; Denise Boggs, Executive Director, ment rate, my friends, in some of these Conservation Congress; Kim Glazzard, Exec- Randy Thornton, Telstar Charters. utive Director, Organic Sacramento; Bill Capt Richard Thornton, Trek II; Capt Rick Central Valley towns reached 40 per- O’Kelly, President, Sierra Pacific Flyfishers; Powers, Bodega Bay Sportfishing; Capt Peter cent. Cindy Charles, Conservation Chair, Golden Bruno, Randy’s Fishing Trips; Bob Sparre, Those signs that I saw along the I–5 West Women Flyfishers; Ted Shapas, Con- Bob Sparre’s Guide Service; Capt Sean when I was going up to take a look at servation Chair, Diablo Valley Fly Fisher- Hodges, Hog Heaven Charters; George this, they told a certain story, and men. Catagnoia, Owner, Sandy Ann Charters; Capt Steve Talmadge, Flash Sportfishing Char- these were written by farmers: ‘‘No Darrell Tichurst, Chairman, Coastside water = No jobs.’’ You’d go down the Fishing Club; Steve Burke, Spokesperson, ters; Sal Vallone, Bob Sands Fishing; Capt Protect Our Water; Lillian Light, President, Tim Klassen, Reel Steel Sportfishing; Vance highway: ‘‘Food grows where water Palos Verdes Audubon Chapter; John Staplin, Vance’s Tackle. flows,’’ but there was no food growing. Weisheit, Conservation Chair, Living Rivers/ Barbara Emley, F/V Autumn Gale; Capt The devastation was incredible. Colorado Riverkeeper; Spreck Rosenkrans, Chris Acacelo, Chris’ Fishing Charters; Jim The Acting CHAIR. The time of the Restore Hetch Hetchy; Don Schmoldt, Presi- Cox, Owner, Jim Cox Sport Fishing Charters; gentleman has expired. dent, Sacramento Audubon Society; Diane Jonah Li, Hi’s Tackle Box; Sunny Lampre, Owner, Sunny’s Electric Marine; Ron La Mr. HASTINGS of Washington. I Hichwa, Conservation Chair, Madrone Audu- Force, President, United Outdoorsmen; yield the gentleman an additional 30 bon. seconds. Stephen Fuller-Rowell, Co-Founder, Or- Danny Layne, Fish’n Dan’s Guide Service; egon Waterwatch; Tom Chandler, Editor, Marilyn Hendrickson, Sep’s Outdoors Inc.; Mr. ROYCE. My personal favorite: Trout Underground; Will Harling, Executive Mike Chamberlain, Ted’s Sports Center; ‘‘New Dust Bowl, created by Congress.’’ Director, Mid-Klamath Watershed Council; Craig Stone, Emeryville Sportfishing. Well, this legislation would bring Don Gillespie, President, Friends of Del That’s 200. That’s more than the 12 or some sanity back to this process. By Norte; Randa Solick, Co-Chair, Santa Cruz 14 members of the State legislature restoring water deliveries to the levels WILPF; Ken Franke, Executive Director, that wrote you a letter. agreed upon in the 1994 Bay-Delta Ac- Sportfishing Association of California. In the end, H.R. 1837 is nothing more cord between California and the Fed- Jim Martin, Recreational Fishing Alli- than an attempt by well-funded water eral Government, this bill could bring ance; Sep Hendrickson, Executive Director, contractors to steal water from other California Inland Fisheries Foundation; back 30,000 jobs, and it would save mil- Aaron Newman, President, Humboldt Fisher- users with no regard for the fishers, lions of acre-feet of water which has man’s Marketing Association; Mark Micoch, sportsmen, the farmers north of the been sent to the ocean. Co-Chairman, Northern California Guides delta, the families and the businesses My friends, this is a man-made prob- Association; Dan Blanton, Chairman, who depend on their delta for their lem. It’s going to take legislation to StriperFest; Mike Augney, Co-Owner, USA livelihood. It guts environmental pro- fix. This bill will fix it. Fishing. tections and kills local jobs. It should Mrs. NAPOLITANO. Mr. Chairman, I Jim Martin, Director, Berkeley Conserva- be rejected, and solutions to Califor- also toured that area, and the devasta- tion Institute; Bob Mellinger, Vice-Presi- nia’s water challenges should be based dent, Water for Fish;Bart Hall, Producer, tion was very severe. I wish some of Fred Hall Shows; Randy Repass, Chairman & on strong and sound science; and it the areas would find another way to be Founder, West Marine; Bruce Tokars, Presi- should be done with all of the stake- able to find employment, because this dent, Salmon Water Now; Galen Onizuka, holders at the table, not in the prover- is a chronic unemployment circle, if Owner, President, Johnson Hicks Marine. bial back room. you will, for years, for decades; it isn’t Angelo Pucci, President, P Line; Dick 1510 just new. Pool, President, Pro-Troll Fishing Products; b I yield 11⁄2 minutes to the gentleman Liz Hamilton, Executive Director, Northwest The Acting CHAIR. The time of the Sportfishing Ind. Assn.; Bob Rees, President, gentleman has expired. from Arizona (Mr. GRIJALVA). North West Guides and Anglers Assoc.; Peter Mrs. NAPOLITANO. I yield the gen- Mr. GRIJALVA. Mr. Chairman, I rise Grenell, Manager, San Mateo County Harbor tleman an additional 15 seconds. today in strong opposition to H.R. 1837, District; Ken Elie, Owner, President, Out- Mr. THOMPSON of California. So the San Joaquin Valley Water Reli- door Pro Shop. please join me and over 100 outdoor and ability Act. Bill Divens, Salmon King Lodge West; Paul fishing organizations and the Western This legislation repeals existing Johnson, Owner, Monterey Fish Market; Bob State law and, frankly, leaves no State Kotula, Outwest Marketing; Danny Layne, States Water Council to protect north- Hawkeye Marketing; Roy Gray, Owner, Roy ern Californians from political agendas safe. If enacted, H.R. 1837 would set an Gray & Associates; Dan Pamel, President, that harm our economy, wildlife, and unprecedented standard of State pre- Leisure Sales; Paul Johnson, Owner, Mon- the people. Vote ‘‘no’’ on this bill. emption. As a member of the terey Fish Market. Mr. HASTINGS of Washington. Mr. Subcommitee on Water and Power, I Michael Scaglione, Pacific Catch Fish Chairman, here are a number of organi- am concerned that the opposition to Grill; Bill Boyce, Boyce Image, World Fish- zations that have written in support of this legislation, over 300 stakeholders, ing Network; Rich Kato, Sport Sales; Jack this legislation on both sides of these over seven States, the nonpartisan Swanson, Sales Manager, Repala USA; Western States Water Council, various Chuck Cappotto, Bodega Bay Fisherman’s pages; and at the appropriate time I, Marketing Assoc.; Gary Coe, Kokanee Power. too, will insert them in the RECORD to attorney generals from New Mexico to Angelo Pucci, President, G. Pucci and Sons show that there is broad, broad support other States, have voiced their concern Mfg.; Capt Brian Smith, Riptide Charters; for this legislation. about the preemption and the concern

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2517 about the intrusion into what has tra- mentalists. Mr. Chairman, there were introduced legislation to provide oper- ditionally been a State’s right in terms people that were in the administration ational flexibility in the implementa- of water management. that are even Members of this Chamber tion of the Endangered Species Act for If enacted, this unprecedented act of today who spoke in support of this. So water deliveries for the Central Valley State preemption would be a precedent if you made an agreement then, why do Project. Unfortunately, our colleagues that brings many States’ water settle- you want to break it? on the other side of the aisle haven’t ments into question. In my State, Ari- And because of what the man-made felt the importance of holding a hear- zona, a diverse set of stakeholders, drought has done, have you ever exam- ing on that bill. water users, Indian tribes, municipali- ined the pain that it has caused? I Titles I and III of this legislation aim ties, the Federal Government were in- know people, when they think of Cali- to address the flawed regulations that volved in lengthy years in reaching fornia, sure, you think of Silicon Val- have reduced our vital water deliveries water agreements to try to balance the ley, you think of Hollywood, you think to my friends and neighbors through- use of water in our State. They were of San Diego. Well, you know what? out the valley. crafted, they were difficult, they were There’s this whole area in the valley. b 1520 delicate, but agreement happened, and When you start and talk about this now those are now being implemented area in the valley, you know where my I have no reservations in supporting throughout the State. district is? My district is from the these provisions, and commend my col- It raises question about that difficult ‘‘Grapes of Wrath.’’ It’s the shantytown leagues on the other side for intro- process, particularly when you had everybody ended up in. Cesar Chavez is ducing them. I recommend a ‘‘yes’’ tribal governments involved in these buried in my district. But you know vote. When it comes to title II of this bill, negotiations and are part of the settle- what I saw from my valley on up? Thir- which calls for the repeal and replace- ment. By sovereignty, States’ rights ty, 40 percent unemployment. I saw ment of the San Joaquin River Res- are preeminent in this question. people standing in line. toration Act, I would like to mention I urge Members to vote ‘‘no.’’ I’m very proud of the district I’m for- that this was a locally requested and Mr. HASTINGS of Washington. Mr. tunate to represent. There’s two fami- locally championed piece of legislation Chairman, I am very pleased to yield 3 lies in my district that grow 80 percent to end an 18-year lawsuit. Although I minutes to the distinguished majority of all of the carrots in the country. But had serious reservations when this bill whip, another gentleman from Cali- you know, because of this man-made was first introduced, I supported the fornia who has seen the effects of what drought, where hundreds of people were solution when it came through this this man-made drought is, Mr. MCCAR- lined up to get food at the food bank, House. I will say now that the imple- THY. they were getting carrots. But were mentation of this act, as it has been Mr. MCCARTHY of California. Mr. they getting carrots from America? No. done by the administration, has left a Chairman, I want to thank Chairman They were getting carrots from China. lot to be desired. HASTINGS for his work in committee, The breadbasket of America. I have significant further reserva- and I’d also like to thank, Mr. Chair- Well, you know, that all ends today. tions with the San Joaquin River Res- man, the subcommittee chairman, TOM It ends with a bipartisan agreement toration program, and it has recently MCCLINTOCK, and the authors of this that America craves for us to find. You become clear that those views that I bill, DEVIN NUNES and JEFF DENHAM, know what? In the Bay-Delta Accord, I expressed during its formation are for their work. didn’t get everything that I would rep- coming to pass. The restoration is far Now, in California there’s a saying: resent philosophically. The other side too costly, and its schedule is advanc- ‘‘Whiskey’s for drinking and water’s didn’t as well. But, you know, the ing in a way that landowners adjacent for fighting,’’ and for too long we’ve greatest thing about America is the to the new flows are being damaged. been fighting about water. For too long rule of law, and if we make an agree- Despite this, just simply saying we this man-made drought in California ment, we should stick to the agree- will remove the agreement that has has been ignored. Well, you know, ment. Simply put, that’s what this bill been put in place is not the answer. We today that stops. I’m excited about it does and ends the man-made drought. don’t need to repeal it—we need to re- stopping today; because you’re going to Mrs. NAPOLITANO. I would like to pair it—particularly when the only hear a lot of arguments on both sides, 1 yield 2 ⁄2 minutes to the gentleman thing a repeal accomplishes is a con- but that’s where we’re supposed to de- from California (Mr. CARDOZA). tinuation of a lawsuit that prompted bate, on the floor of the House. May I ask what time we have left, the legislation in the first place. But, you know, the thing we’ve al- sir? However, I’d like to make a comment about ways yearned for, the thing we’ve al- The Acting CHAIR. The gentlewoman the process under which this legislation was ways taught our children? That an from California has 8 minutes remain- drafted. agreement is an agreement, that you ing, and the gentleman from Wash- As many of you know, this is my last year 3 keep your bond. You come into a de- ington has 3 ⁄4 minutes remaining. as a Member of this body. bate where you make your points, but Mr. CARDOZA. Mr. Chairman, I This bill, even while I support it, is a perfect when you come to an agreement, you thank my colleague for yielding. example of how dysfunctional this body has keep it. I rise today to offer my support for become. Simply put, what does this bill do? the legislation. This bill will never become law. To be frank, This bill simply says an agreement is This bill, like so many others that we I’m doubtful that it will even be debated in the an agreement. vote on, is far from perfect. However, Senate. When both sides sat down from the I’ll support this bill because of many I feel this way because the authors of this Bay Area-Delta Accord—why was it provisions, important provisions for bill haven’t expressed a serious interest in en- named that? Because people from the my valley within it. gaging either me, Congressman COSTA or bay area and people from the delta had Mr. Chairman, water is absolutely Senator FEINSTEIN in drafting a bipartisan discussions, had fights, had policy ar- critical to the economy of the San Joa- piece of legislation that can pass both cham- guments, and they finally came to quin Valley, the valley I love. Without bers of Congress. agreement. an adequate water supply, agricultural It’s unfortunate that some continue to exploit Now, who was on what side? Was it fields go fallow and entire communities the real life challenges facing the folks we all just based upon a farmer or just can be laid to waste. No one under- have the honor of representing to score a based upon environmentalists? No. stands this more than myself and my cheap political point. There was the Clinton administration. colleague, Mr. COSTA, my friend from Successful functioning of Congress and the There was Pete Wilson from the State. the valley. We have both fought for resulting successful resolution of the problems He was Governor at the time. There water for our entire careers for our afflicting this nation will require the participa- were farmers. There were environ- people. In fact, just last year, he and I tion of both Republicans and Democrats.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0688 Sfmt 9920 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2518 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 We cannot function individually; we must San Luis Unit and others is subsidized. Mr. HASTINGS of Washington. Will function in concert to solve the challenges fac- Right now, they only have a year-to- the gentlelady yield? ing us today. year contract. They’d have a 20-year Mrs. NAPOLITANO. I yield to the I think we not only can do better, but we contract possibly if they reach agree- gentleman. must do better, if we’re going to accomplish ment. You give them 40 years, and then Mr. HASTINGS of Washington. I just what we were sent here to do. 40 years in perpetuity: $400 million a want to say to my friend that, as I am Only efforts like that will truly solve the com- year times perpetuity. You figure out the last speaker on my side, I am pre- plex problems facing us today. what this earmark is worth. You figure pared to close when she is done with Mr. HASTINGS of Washington. I con- out what this special treatment is her speakers. tinue to reserve the balance of my worth. Mrs. NAPOLITANO. I have one more time. Do you want to know who is driving speaker. Mrs. NAPOLITANO. Mr. Chairman, I this process? The Acting CHAIR. The gentlewoman yield 3 minutes to the gentleman from It’s those very, very special interests has 2 minutes remaining. northern California (Mr. MILLER). that are moving this process, and ap- Mrs. NAPOLITANO. Mr. Chairman, I Mr. GEORGE MILLER of California. parently, they can move our friends on ask my colleagues on both sides to con- I thank the gentlewoman for yielding. the other side to overturn Supreme sider what this bill will do. I rise in strong opposition to this leg- Court opinions. They can overturn the I now yield my remaining time to the islation. State legislature. They can overturn gentleman from California (Mr. Let us understand what is taking these negotiations. There used to be a GARAMENDI). place here. In California, for the first saying around here that said that it Mr. GARAMENDI. If you know Cali- time in 40 years, all of the various takes some skill and talent to build a fornia water, you know that we can get water parties have gotten together to barn, but that any damned fool can pretty wound up about it, and the solu- try to work out these disagreements kick it down. So what these people tion for California water is not to be and come up with a sustainable water have decided is that they’re just going found in this particular piece of legis- policy that serves all of the needs of all to kick over those negotiations in Cali- lation. Facts are difficult things to Californians—agriculture, manufac- fornia, those negotiations in which deal with, but they are facts. There has turing, municipal uses, environmental people have invested a huge amount of been no manmade drought. There was a uses—all of that together. For the first time and talent—from the legislature, very real drought. In addition to that, time, the State legislature passed his- to the agencies, to the farmers, to the there were restrictions on the pump- toric legislation empowering these ne- environmentalists, to our cities, to our ing. gotiations to take place in order to counties—all of whom oppose this leg- Let us understand that the principal islation. take care of disparate interests. advocates of this bill have the shortest Mr. HASTINGS of Washington. I just But there are two parties in that ne- straw. They came last in line, and want to point out that this bill came gotiation that keep threatening to therefore they’re not first—they’re walk out of the room. They’re going to out of committee with bipartisan sup- port, and we’ve had bipartisan debate last. Their contract provided for short- walk out, walk out, walk out. Appar- age provisions for a variety of reasons, ently, they did walk out. They walked for this bill. Mr. Chairman, I yield 30 seconds to among them droughts and environ- out, and they came back to Wash- the author of this legislation, the gen- mental restrictions. So they should ington, D.C., to cut a separate deal. tleman from California (Mr. NUNES). have planned for that. Apparently, These are among the largest water Mr. NUNES. Mr. Chairman, I would they did not. users in the State. These are among hope that the gentleman from Cali- The losses to the agricultural com- the most highly subsidized users in the fornia has read the bill, because he munity were significant to be sure, but State. One of our conservative friends complains about the subsidies. In fact, at the same time, the agricultural on the other side was complaining this bill gets rid of the subsidies as this community in the Central Valley pros- about the deficit when he started to bill returns almost $300 million to the pered, having the best years to any pre- talk on this bill. These are people who Treasury. So we agree. We want to get vious year that occurred during this are getting a $400 million interest-free rid of the subsidies. We want to cut the drought period. Certain farmers were loan from the taxpayers of this coun- deficit. That’s what this bill does. shorted—no doubt about that—but try. These are the people who are get- I don’t quite understand what he was they had a contract that called for ting $400 million in subsidies every talking about in terms of tearing down those shortages. year from the taxpayers of this coun- barns, but I would say that the gentle- Now let us understand that this bill try. man’s legislation that was passed with has profound implications on every And what do they do? a Senator from New Jersey and a Con- State, some 21 States that have con- In this bill, they have an earmark. gressman from California to preempt tracts with the Bureau of Reclamation. You gave them 40 years and these State law has been very successful at This bill, should it pass and become rights in perpetuity to get at least $400 tearing apart farms and families. law, is a signal to every State that you million a year from the taxpayers of The Acting CHAIR. The time of the cannot count on State law allocating this country. That’s not on top of the gentleman has expired. the water within your district. Instead, crop subsidies. That’s not on top of the Mr. HASTINGS of Washington. I it will be Congress that will allocate insurance payments, disaster pay- yield the gentleman an additional 15 the water within your State. That is a ments. This is just in subsidized water seconds. profound change: 100 years of reclama- that goes to these people who are cry- Mr. NUNES. Once again, as many of tion law are pushed aside by this piece ing poor. The largest users have de- my colleagues will say, Secretary of of legislation. For the State of Cali- cided they want two negotiations—one the Interior Bruce Babbitt made a deal fornia, it is a total preemption of State in California and one in Washington. with Republican Governor Pete Wilson. law—a total preemption of State law— To do that, they want to overturn the A deal is a deal. The only problem was and the State constitution is pushed California laws, the California legisla- that there were some dishonest brokers aside. ture, the Supreme Court decisions, and at the table who never went to Con- b 1530 the science. We’ll go back in time 18 gress to get this implemented. years and say that this science is good Mrs. NAPOLITANO. I inquire of the There is within the California con- enough. Chair as to how much time remains. stitution a thing called the ‘‘public But the heart of this, more than The Acting CHAIR. The gentlewoman trust.’’ The legislature and the govern- water, is money, and the money sits from California has 21⁄2 minutes re- ment of California hold in trust for the there, and it flows with the water. maining. The gentleman from Wash- people of California the water of Cali- Every drop of water that goes to the ington has 23⁄4 minutes remaining. fornia, and this legislation pushes that

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2519 aside and gives that water to a very Cascade Action Now Tuolumne Conservancy special group. Center for Biological Diversity Tuolumne River Trust Center for Sierra Nevada Conservation Unitarian Universalist Ministry for Earth GROUPS OPPOSED TO H.R. 1837 Clean Water Action United Outdoorsmen Statement of Administration Policy Conservation Congress Upper Mokelumne River Watershed Coun- U.S. Department of the Interior Coast Action Group cil State of Colorado Defenders of Wildlife Waldo Holt Conservancy State of Montana Desal Response Group Western Nebraska Resources Council State of New Mexico Earth Law Center Whidbey Environmental Action Network State of Oregon Earthjustice The Wilderness Society State of Wyoming Ebetts Pass Forest Watch COMMERCIAL AND RECREATIONAL FISHING AND Western States Water Council 1 Endangered Habitats League HUNTING ORGANIZATIONS AND BUSINESSES ELECTED OFFICIALS Endangered Species Coalition Ankeny Street Sportfishing California Secretary for Natural Resources Environmental Defense Fund American Sportfishing Association Congresswoman Anna Eshoo Environmental Protection Information Auburn Flycasters Congressman John Garamendi Center Back to Class Guide Service Congressman Mike Honda Food and Water Watch Bob Sands Fishing Congresswoman Zoe Lofgren Foothills Conservancy Bob Sparre’s Guide Service Congresswoman Doris Matsui Forests Forever Bodega Bay Fishermen’s Marketing Asso- Congressman Jerry McNerney Forest Unlimited ciation Congressman George Miller Friends of Butte Creek Bodega Bay Sportfishing Congresswoman Grace Napolitano Friends of the Calaveres Boyce Image Congresswoman Jackie Speier Friends of Del Norte California Inland Fisheries Foundation Congressman Mike Thompson Friends of the Eel River California Sportfishing Protection Alli- Congresswoman Lynn Woolsey Friends of the Gualala River ance Senator Barbara Boxer Friends of the Lower Calavera River California Striped Bass Association Senator Dianne Feinstein Friends of the North Fork American River California Striped Bass Association—Sac- NEWSPAPERS Friends of the River ramento Chapter The Sacramento Bee Humboldt Baykeeper California Striped Bass Association—West The San Francisco Chronicle Institute for Fisheries Resources Delta Chapter The San Jose Mercury News KS Wild Checkmate Charters Living Rivers/Colorado Riverkeeper Chris’ Fishing Charters WATER DISTRICTS AND LOCAL GOVERNMENTS Madrone Audubon Chubasco Charters Central Delta Water Agency Merced River Conservation Committee Coastside Fishing Club City of Sacramento Mid-Klamath Watershed Council Delta Fly Fishers City of Stockton Mono Lake Committeee Diablo Valley Fly Fishermen Contra Costa County Board of Supervisors Monterey Coastkeeper El Dorado III Charters Contra Costa County National Parks Conservation Association Emeryville Sportfishing Grassland Water District Natural Resources Defense Council Fishery Foundation Reclamation District 999 Nature Abounds Fish Sniffer Sacramento County Board of Supervisors The Nature Conservancy Flash Sportfishing Charters Sacramento County Northcoast Environmental Center Flying Fish Charters San Joaquin Council of Governments North Coast Rivers Alliance Foothills Angler Coalition San Joaquin County Northern California River Watch Fred Hall Shows San Joaquin County Board of Supervisors Oceana Golden Gate Fishermen’s Association San Mateo County Harbor District Oregon Waterwatch Golden Gate Salmon Association Solano County Oregon Wild Golden West Women Flyfishers South Delta Water Agency The Otter Project G. Pucci and Sons Manufacturing South San Joaquin Irrigation District Palos Verdes Audubon Chapter Granite Bay Flycasters Water Replenishment District of Southern Planning and Conservation League Hi’s Tackle Box California Protect our Water Hog Heaven Charters Yolo County The Public Trust Alliance Huck Finn Charters BUSINESS AND CIVIC GROUPS Redwood Regional Audubon Society Humboldt Area Saltwater Anglers BIA of the Delta Restore Hetch Hetchy Humboldt Fishermen’s Marketing Associa- Business Council of San Joaquin County Resource Renewal Institute tion California Delta Chambers & Visitor’s Bu- Restore the Delta Jim Cox Sport Fishing Charters reau The River Project Johnson Hicks Marine California Rural Legal Assistance Founda- Rocky Mountain Wild Kokanee Power tion Rose Foundation Leisure Sales Concerned Citizens Coalition of Stockton Russian Riverkeeper Lower Sherman Island Duck Hunters Asso- The Contra Costa Council Russian River Watershed Protection Com- ciation Environmental Entrepreneurs mittee Lovely Linda Sportfishing Hawkeye Marketing Sacramento Audubon Society Lovely Martha Charters Silicon Valley Leadership Group Sacramento River Preservation Trust Lower Sherman Island Duck Club Stockton Chamber of Commerce Safe Alternatives for our Forest Environ- Mission Peak Fly Anglers ment Monterey Fish Market ENVIRONMENTAL GROUPS San Francisco Bay Keeper New Captain Pete Charters Alameda Creek Alliance San Joaquin Audubon New Easy Rider Charters American Rivers Santa Clara County Creeks Coalition New Ray Ann Charters AquAlliance Santa Clarita for Planning and the Envi- New Salmon Queen Charters Audubon ronment Northern California Council Federation of Battle Creek Alliance Santa Cruz Women’s International League Fly Fishers The Bay Institute for Peace and Freedom Northern California Guides Association Berkeley Conservation Institute Save the Bay Northwest Guides and Anglers Association Biodiversity Conservation Alliance Save the Frogs! Northwest Sportfishing Industry Associa- Butte Environmental Council Sierra Club California tion California League of Conservation Voters Sierra Foothills Audubon Outdoor Pro Shop California Public Employees for Environ- Sierra Nevada Alliance Outer Limits Charters mental Responsibility Siskiyou Land Conservancy Outwest Marketing California Save our Streams Council South Fort Mountain Defense Committee P Line California Water Impact Network South Yuba River Citizens League Pacific Catch Fish Grill Southern California Watershed Alliance Pacific Coast Federation of Fishermen’s 1 18 member body, composed of governor-appointed Trinity Lake Revitalization Alliance Associations representatives from the 18 Western states. Trust for Public Land Pacific Fishery Management Council

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2520 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 Pasadena Casting Club previous speaker emphasized that in Joaquin Restoration Agreement brought to- Pro-Troll Fishing Products his close. gether multiple water users, including fisher- Queen of Hearts Charters I am from a western State; I’m from men, farmers, cities and communities, and Que Sera Sera Charters Rapala USA Washington. If anybody should be cau- conservationists and provides a fair allocation Randy’s Fishing Trips tious about preemption, it is certainly of the fresh water that flows through the Delta Recreational Fishing Alliance me. And I say that because I represent and into the San Francisco Bay. It also cre- Reel Steel Sportfishing an area that has two over-half-a-mil- ated a roadmap for the further restoration of Riptide Charters lion-acre, or half-a-million-acre, irriga- wild salmon populations. Now, some of the Roy Gray & Associates tion districts. So I understand about very same interests who signed onto the re- SalmonAid Foundation preemption and Western water law. Salmon King Lodge West cent agreement have convinced their allies in Salmon Water Now But in the context of today’s debate, Congress to bring legislation to the floor to Sandy Ann Charters the California water system is unique. overturn it. San Francisco Crab Boat Owners Associa- Here we have a massive Federal sys- In addition to throwing out the San Joaquin tion tem, the Central Valley Project and a Restoration Agreement and overriding state Santa Clarita Casting Club massive State water project called the law, the bill before us also pre-empts the En- Santa Cruz Fly Fishermen State Water Project, and it operates as dangered Species Act and proclaims that the Save our Wild Salmon Coalition Sep’s Outdoors Inc. one combined unit. science regarding the Delta and the Bay that Sierra Pacific Flyfishers This is what is very important, Mr. was used in 1994 is current and cannot be up- Sir Randy Charters Chairman. The coordinated approach dated. Rather than turning back the clock Soleman Sportfishing Charters was requested by the State and codified nearly 20 years, ignoring scientific advances, Small Boat Commercial Salmon Fisher- by the Federal Government in 1986. and undermining one of our nation’s most im- men’s Association That’s when water law was preempted. portant environmental protections, we should Sonoma County Abalone Network They asked for it in 1986. vote against the legislation and respect the Southwest Council Federation of Fly Fish- ers In 1992, it was further preempted by rights of the State of California. Sportfishing Association of California amendments to the law in the Central Both the Governor and Attorney General of Spring Creek Guide Service Valley Project in 1992. So what we did California oppose this legislation, as do my Stagnaro’s Charters in committee is we offered an amend- colleagues in the Bay Area delegation. The Star of Monterey Charters ment that was adopted. Let me read President has rightfully said he will veto this StriperFest the amendments by Mr. TIPTON and Mr. bill. I urge all of my colleagues to support Sunny’s Electric Marine GOSAR, and it says: clean water, jobs, and the environment and Ted’s Sports Center Telstar Charters Congress finds and declares that (1) coordi- vote against this misguided bill. Trek II nated operations between the Central Valley Mrs. CAPPS. Mr. Chair, I rise to speak Tri-Valley Fly Fishers Project and the State Water Project, pre- against this hazardous piece of legislation. Trout Underground viously requested and consented to by the H.R. 1837 is an assault on the environment Trout Unlimited State of California and the Federal Govern- and on the state of California. It would lead to USA Fishing ment, require assertion of Federal suprem- gridlock in the Delta with potentially disastrous Vance’s Tackle acy to protect existing water rights through- consequences for ecosystems and commu- Wacky Jacky Charters out the system. nities throughout our state. Water for Fish That’s in California. It says: West Marine This bill would undermine years of bipar- (2) these circumstances are unique to Cali- TRIBAL GROUPS tisan compromise, and would prohibit Cali- fornia. Therefore, nothing in this act shall fornia from following established precedent in Karuk Tribe serve as precedent in any other State. Mocdoc Nation managing its own water resources. Winnemen Wintu Tribe When we offered that amendment, ev- The policies in place today have been care- Wishtoyo Foundation erybody on our side of the aisle voted fully crafted by broad consensus and rep- AGRICULTURAL GROUPS for it. Only four on their side of the resent the needs of a variety of stakeholders. Friant Water Authority 2 aisle, when they had an opportunity to The success of these policies prove that co- Organic Sacramento make sure preemption wouldn’t hap- operative and fair governance are the best RECREATION GROUPS pen, they voted ‘‘no.’’ You can’t have it way to protect natural resources, promote con- both ways, Mr. Chairman. Adventure Connection, Inc servation and boost California’s economy. American Whitewater So with that I urge my colleagues to For example, the Delta Protection Commis- California Outdoors support this bill, and I yield back the sion has determined that the Delta region pro- Camp Lotus balance of my time. vides nearly $800 million in annual agricultural Mokelumne River Outfitters Mr. STARK. Mr. Chair, I rise today in oppo- revenues and $250 million in revenue related The O.A.R.S. Family of Companies sition to legislation that would trample the to recreation. This is due to sound manage- River and Rock Adventures state’s rights of California and overturn a care- River Runners, Inc. ment of the commons by an extensive network Rubicon Whitewater Adventures fully crafted agreement about how our state’s of public-private partnerships in my State. Sport Sales fresh water is allocated. But H.R. 1837 would reduce water quality Whitewater Connection This Republican legislation is a threat to the and reliability for Delta communities and farm- Whitewater Voyages ecology of the Sacramento Delta and the San ers—diverting water supply from North of the The Acting CHAIR. The time of the Francisco Bay, the safety of drinking water for Delta to agribusiness in the South, and seri- gentleman from California has expired. many Bay area communities, and the many ously damaging Delta agriculture, a $4.2 bil- Mr. HASTINGS of Washington. Mr. California jobs that depend on productive fish- lion dollar industry. Chairman, am I correct to assume that eries and a healthy Delta and Bay. The bill Nearly every environmental group in the all their time has expired? has many losers and the only winners are the country opposes this bill because of the dev- The Acting CHAIR. All time has ex- large agribusiness interests in the Central Val- astating effects it would have on the San Joa- pired for the gentlewoman from Cali- ley, who already receive lavish taxpayer hand- quin River Valley. fornia. outs in the form of subsidized water and crop And, hundreds of fishing groups oppose this Mr. HASTINGS of Washington. I subsidies. bill because it would divert water from the yield myself such time as I may con- Three years ago, in a bipartisan fashion, Delta, leaving 40 miles of the San Joaquin sume. Congress and the California General Assem- River completely dry in most years. There has been much discussion on bly approved the landmark San Joaquin Res- This would devastate the restoration of the the floor about preemption. In fact, the toration Agreement. This agreement was river, and the salmon and steelhead that de- based on the latest science and settled over pend on it, hurting our state’s fishermen, in- 2 Opposition limited to San Joaquin River Res- 20 years of litigation regarding the use of cluding many that call the Central Coast toration provisions. water in the Sacramento River Delta. The San home.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0688 Sfmt 9920 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2521 This bill also disregards the best available SEC. 2. TABLE OF CONTENTS. (2) in subsection (l), by striking ‘‘and,’’ science, repeals environmental protections, Sec. 1. Short title. (3) in subsection (m), by striking the period and damages local tourism. Sec. 2. Table of contents. and inserting ‘‘; and’’, and That’s why our state’s two Senators, the TITLE I—CENTRAL VALLEY PROJECT (4) by adding at the end the following: WATER RELIABILITY ‘‘(n) the term ‘reasonable flows’ means water California Department of Natural Resources, flows capable of being maintained taking into and the California Attorney General oppose Sec. 101. Amendment to purposes. Sec. 102. Amendment to definition. account competing consumptive uses of water this bill. and economic, environmental, and social fac- Mr. Chair, water management is a growing Sec. 103. Contracts. Sec. 104. Water transfers, improved water man- tors.’’. challenge across the nation, particularly in the agement, and conservation. SEC. 103. CONTRACTS. West. Sec. 105. Fish, wildlife, and habitat restoration. Section 3404 of the Central Valley Project Im- Developing balanced water solutions is es- Sec. 106. Restoration fund. provement Act (106 Stat. 4708) is amended— sential to California’s long-term economic and Sec. 107. Additional authorities. (1) in the heading, by striking ‘‘LIMITATION environmental health. Sec. 108. Bay-Delta Accord. ON CONTRACTING AND CONTRACTS RE- California deserves sound water policy that Sec. 109. Natural and artificially spawned spe- FORM’’ and inserting ‘‘CONTRACTS’’; and benefits all Californians, not just the needs of cies. (2) by striking the language of the section and a few. Sec. 110. Authorized service area. by adding: I urge my colleagues to oppose this legisla- Sec. 111. Regulatory streamlining. ‘‘(a) RENEWAL OF EXISTING LONG-TERM CON- tion. TITLE II—SAN JOAQUIN RIVER TRACTS.—Upon request of the contractor, the Mr. CALVERT. Mr. Chair, as the author of RESTORATION Secretary shall renew any existing long-term re- payment or water service contract that provides the 2004’s Water Supply, Reliability and Envi- Sec. 201. Repeal of the San Joaquin River set- tlement. for the delivery of water from the Central Valley ronmental Improvement Act, also known as Project for a period of 40 years, and renew such CALFED, I strongly supported H.R. 1837, the Sec. 202. Purpose. Sec. 203. Definitions. contracts for successive periods of 40 years each. Sacramento-San Joaquin Valley Water Reli- Sec. 204. Implementation of restoration. ‘‘(b) DELIVERY CHARGE.—Beginning on the ability Act. This bill is an important step in pre- Sec. 205. Disposal of property; title to facilities. date of the enactment of this Act, a contract en- venting onerous regulations from creating an- Sec. 206. Compliance with applicable law. tered into or renewed pursuant to this section other manmade drought like the one that dev- Sec. 207. Compliance with Central Valley shall include a provision that requires the Sec- astated farms and families in California’s San Project Improvement Act. retary to charge the other party to such con- Joaquin Valley in 2009 and 2010. As a result Sec. 208. No private right of action. tract only for water actually delivered by the Secretary.’’. of this man-made drought, many farmers lost Sec. 209. Implementation. their livelihoods and many communities saw Sec. 210. Repayment contracts and acceleration SEC. 104. WATER TRANSFERS, IMPROVED WATER of repayment of construction MANAGEMENT, AND CONSERVATION. unemployment rates top 50 percent as jobs costs. Section 3405 of the Central Valley Project Im- dried up with their water. Sec. 211. Repeal. provement Act (106 Stat. 4709) is amended as fol- With California once again faced with record Sec. 212. Water supply mitigation. lows: low precipitation this year, we cannot wait to Sec. 213. Additional Authorities. (1) In subsection (a)— act. Among other things, H.R. 1837 would re- TITLE III—REPAYMENT CONTRACTS AND (A) by inserting before ‘‘Except as provided store water deliveries to communities by codi- ACCELERATION OF REPAYMENT OF CON- herein’’ the following: ‘‘The Secretary shall take fying the Bay-Delta Accord and protects and STRUCTION COSTS all necessary actions to facilitate and expedite transfers of Central Valley Project water in ac- secures private property and senior water Sec. 301. Repayment contracts and acceleration cordance with this Act or any other provision of rights. This bill will ensure communities will no of repayment of construction Federal reclamation law and the National Envi- costs. longer have their water cut off and diverted ronmental Policy Act of 1969.’’; due to heavy-handed environmental regulation TITLE IV—BAY-DELTA WATERSHED (B) in paragraph (1)(A), by striking ‘‘to com- and litigation that attempts to place fish before WATER RIGHTS PRESERVATION AND bination’’ and inserting ‘‘or combination’’; farmers and families. PROTECTION (C) in paragraph (2), by adding at the end the This bill protects over 30,000 jobs and Sec. 401. Water rights and area-of-origin pro- following: strikes a common sense balance between en- tections. ‘‘(E) The contracting district from which the vironmental regulations and environmental re- Sec. 402. Sacramento River settlement contracts. water is coming, the agency, or the Secretary alities to ensure that California’s Central Valley Sec. 403. Sacramento River Watershed Water shall determine if a written transfer proposal is Service Contractors. will never again be plunged into man-made complete within 45 days after the date of sub- Sec. 404. No redirected adverse impacts. mission of such proposal. If such district or drought. I commend my colleague Represent- TITLE V—MISCELLANOUS agency or the Secretary determines that such ative DEVIN NUNES of California for his leader- Sec. 501. Precedent. proposal is incomplete, such district or agency ship in crafting this important piece of legisla- or the Secretary shall state with specificity what tion. TITLE I—CENTRAL VALLEY PROJECT must be added to or revised in order for such The Acting CHAIR. All time for gen- WATER RELIABILITY proposal to be complete. eral debate has expired. SEC. 101. AMENDMENT TO PURPOSES. ‘‘(F) Except as provided in this section, the Pursuant to the rule, the bill shall be Section 3402 of the Central Valley Project Im- Secretary shall not impose mitigation or other considered read for amendment under provement Act (106 Stat. 4706) is amended— requirements on a proposed transfer, but the the 5-minute rule. (1) in subsection (f), by striking the period at contracting district from which the water is In lieu of the amendment in the na- the end; and coming or the agency shall retain all authority (2) by adding at the end the following: under State law to approve or condition a pro- ture of a substitute recommended by ‘‘(g) to ensure that water dedicated to fish the Committee on Natural Resources, posed transfer.’’; and and wildlife purposes by this title is replaced (D) by adding at the end the following: printed in the bill, it shall be in order and provided to Central Valley Project water ‘‘(4) Notwithstanding any other provision of to consider as an original bill for the contractors by December 31, 2016, at the lowest Federal reclamation law— purpose of amendment under the 5- cost reasonably achievable; and ‘‘(A) the authority to make transfers or ex- minute rule an amendment in the na- ‘‘(h) to facilitate and expedite water transfers changes of, or banking or recharge arrange- ture of a substitute consisting of the in accordance with this Act.’’. ments using, Central Valley Project water that text of Rules Committee Print 112–15. SEC. 102. AMENDMENT TO DEFINITION. could have been conducted before October 30, That amendment in the nature of a Section 3403 of the Central Valley Project Im- 1992, is valid, and such transfers, exchanges, or substitute shall be considered as read. provement Act (106 Stat. 4707) is amended— arrangements shall not be subject to, limited, or The text of the amendment in the na- (1) by amending subsection (a) to read as fol- conditioned by this title; and lows: ‘‘(B) this title shall not supersede or revoke ture of a substitute is as follows: ‘‘(a) the term ‘anadromous fish’ means those the authority to transfer, exchange, bank, or re- H.R. 1837 native stocks of salmon (including steelhead) charge Central Valley Project water that existed Be it enacted by the Senate and House of Rep- and sturgeon that, as of October 30, 1992, were prior to October 30, 1992.’’. resentatives of the United States of America in present in the Sacramento and San Joaquin Riv- (2) In subsection (b)— Congress assembled, ers and their tributaries and ascend those rivers (A) in the heading, by striking ‘‘METERING’’ SECTION 1. SHORT TITLE. and their tributaries to reproduce after matur- and inserting ‘‘MEASUREMENT’’; and This Act may be cited as the ‘‘Sacramento-San ing in San Francisco Bay or the Pacific (B) by inserting after the first sentence the Joaquin Valley Water Reliability Act’’. Ocean;’’; following: ‘‘The contracting district or agency,

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0688 Sfmt 6333 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2522 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 not including contracting districts serving mul- tion, protection, restoration, and enhancement garding priorities and spending levels on tiple agencies with separate governing boards, purposes of this title.’’. projects and programs carried out pursuant to shall ensure that all contractor-owned water de- SEC. 106. RESTORATION FUND. the Central Valley Project Improvement Act. livery systems within its boundaries measure (a) IN GENERAL.—Section 3407(a) of the Cen- ‘‘(B) To ensure that any advice or rec- surface water at the district or agency’s facili- tral Valley Project Improvement Act (106 Stat. ommendation made by the Advisory Board to ties up to the point the surface water is commin- 4726) is amended as follows: the Secretary reflect the independent judgment gled with other water supplies.’’. (1) By inserting ‘‘(1) IN GENERAL.—’’ before of the Advisory Board. (3) By striking subsection (d). ‘‘There is hereby’’. ‘‘(C) Not later than December 31, 2013, and (4) By redesignating subsections (e) and (f) as (2) By striking ‘‘Not less than 67 percent’’ and annually thereafter, to transmit to the Secretary subsections (d) and (e), respectively. all that follows through ‘‘Monies’’ and inserting and Congress recommendations required under (5) By amending subsection (e)(as redesig- ‘‘Monies’’. subparagraph (A). nated by paragraph (4))— (3) By adding at the end the following: ‘‘(D) Not later than December 31, 2013, and bi- ennially thereafter, to transmit to Congress a re- (A) by striking ‘‘as a result of the increased ‘‘(2) PROHIBITIONS.—The Secretary may not repayment’’ and inserting ‘‘that exceed the cost- directly or indirectly require a donation or other port that details the progress made in achieving of-service’’; payment to the Restoration Fund— the actions mandated under section 3406 of this (B) by inserting ‘‘the delivery of’’ after ‘‘rates ‘‘(A) or environmental restoration or mitiga- title. ‘‘(3) ADMINISTRATION.—With the consent of applicable to’’; and tion fees not otherwise provided by law, as a the appropriate agency head, the Advisory (C) by striking ‘‘, and all increased revenues condition to— Board may use the facilities and services of any received by the Secretary as a result of the in- ‘‘(i) providing for the storage or conveyance of Federal agency.’’. creased water prices established under sub- non-Central Valley Project water pursuant to section 3405(d) of this section,’’. Federal reclamation laws; or SEC. 107. ADDITIONAL AUTHORITIES. SEC. 105. FISH, WILDLIFE, AND HABITAT RES- ‘‘(ii) the delivery of water pursuant to section (a) AUTHORITY FOR CERTAIN ACTIVITIES.—Sec- TORATION. 215 of the Reclamation Reform Act of 1982 (Pub- tion 3408(c) of the Central Valley Project Im- Section 3406 of the Central Valley Project Im- lic Law 97–293; 96 Stat. 1270); or provement Act (106 Stat. 4728) is amended to provement Act (106 Stat. 4714) is amended as fol- ‘‘(B) for any water that is delivered with the read as follows: lows: sole intent of groundwater recharge.’’. ‘‘(c) CONTRACTS FOR ADDITIONAL STORAGE (1) In subsection (b)— (b) CERTAIN PAYMENTS.—Section 3407(c)(1) of AND DELIVERY OF WATER.— (A) in paragraph (1)(B)— the Central Valley Project Improvement Act is ‘‘(1) IN GENERAL.—The Secretary is authorized (i) by striking ‘‘is authorized and directed to’’ amended— to enter into contracts pursuant to Federal rec- and inserting ‘‘may’’; (1) by striking ‘‘mitigation and restoration’’; lamation law and this title with any Federal (ii) by inserting ‘‘reasonable water’’ after ‘‘to (2) by striking ‘‘provided for or’’; and agency, California water user or water agency, provide’’; (3) by striking ‘‘of fish, wildlife’’ and all that State agency, or private organization for the ex- (iii) by striking ‘‘anadromous fish, except that follows through the period and inserting ‘‘of change, impoundment, storage, carriage, and such’’ and inserting ‘‘anadromous fish. Such’’; carrying out all activities described in this delivery of nonproject water for domestic, mu- (iv) by striking ‘‘Instream flow’’ and inserting title.’’. nicipal, industrial, fish and wildlife, and any ‘‘Reasonable instream flow’’; (c) ADJUSTMENT AND ASSESSMENT OF MITIGA- other beneficial purpose. ‘‘(2) LIMITATION.—Nothing in this subsection (v) by inserting ‘‘and the National Marine TION AND RESTORATION PAYMENTS.—Section shall be deemed to supersede the provisions of Fisheries Service’’ after ‘‘United States Fish and 3407(d)(2) of the Central Valley Project Improve- section 103 of Public Law 99–546 (100 Stat. 3051). Wildlife Service’’; and ment Act is amended by inserting ‘‘, or after Oc- ‘‘(3) AUTHORITY FOR CERTAIN ACTIVITIES.— (vi) by striking ‘‘California Department of tober 1, 2013, $4 per megawatt-hour for Central The Secretary shall use the authority granted Fish and Game’’ and inserting ‘‘United States Valley Project power sold to power contractors by this subsection in connection with requests to Geological Survey’’; (October 2013 price levels)’’ after ‘‘$12.00 per exchange, impound, store, carry, or deliver non- (B) in paragraph (2)— acre-foot (October 1992 price levels) for munic- project water using Central Valley Project fa- (i) by striking ‘‘primary purpose’’ and insert- ipal and industrial water sold and delivered by cilities for any beneficial purpose. ing ‘‘purposes’’; the Central Valley Project’’. ‘‘(4) RATES.—The Secretary shall develop (ii) by striking ‘‘but not limited to’’ before (d) COMPLETION OF ACTIONS.—Section rates not to exceed the amount required to re- ‘‘additional obligations’’; and 3407(d)(2)(A) of the Central Valley Project Im- cover the reasonable costs incurred by the Sec- (iii) by adding after the period the following: provement Act is amended by inserting ‘‘, no retary in connection with a beneficial purpose ‘‘All Central Valley Project water used for the later than December 31, 2020,’’ after ‘‘That upon under this subsection. Such rates shall be purposes specified in this paragraph shall be the completion of the fish, wildlife, and habitat charged to a party using Central Valley Project credited to the quantity of Central Valley mitigation and restoration actions mandated facilities for such purpose. Such costs shall not Project yield dedicated and managed under this under section 3406 of this title,’’. include any donation or other payment to the paragraph by determining how the dedication (e) REPORT; ADVISORY BOARD.—Section 3407 Restoration Fund. and management of such water would affect the of the Central Valley Project Improvement Act ‘‘(5) CONSTRUCTION.—This subsection shall be delivery capability of the Central Valley Project (106 Stat. 4714) is amended by adding at the end construed and implemented to facilitate and en- during the 1928 to 1934 drought period after the following: courage the use of Central Valley Project facili- fishery, water quality, and other flow and oper- ‘‘(g) REPORT ON EXPENDITURE OF FUNDS.—At ties to exchange, impound, store, carry, or de- ational requirements imposed by terms and con- the end of each fiscal year, the Secretary, in liver nonproject water for any beneficial pur- ditions existing in licenses, permits, and other consultation with the Restoration Fund Advi- pose.’’. agreements pertaining to the Central Valley sory Board, shall submit to Congress a plan for (b) REPORTING REQUIREMENTS.—Section Project under applicable State or Federal law the expenditure of all of the funds deposited 3408(f) of the Central Valley Project Improve- existing on October 30, 1992, have been met. To into the Restoration Fund during the preceding ment Act (106 Stat. 4729) is amended— the fullest extent possible and in accordance fiscal year. Such plan shall contain a cost-effec- (1) by striking ‘‘Interior and Insular Affairs with section 3411, Central Valley Project water tiveness analysis of each expenditure. and the Committee on Merchant Marine and dedicated and managed pursuant to this para- ‘‘(h) ADVISORY BOARD.— Fisheries’’ and inserting ‘‘Natural Resources’’; graph shall be reused to fulfill the Secretary’s ‘‘(1) ESTABLISHMENT.—There is hereby estab- (2) in the second sentence, by inserting before remaining contractual obligations to provide lished the Restoration Fund Advisory Board the period at the end the following: ‘‘, including Central Valley Project water for agricultural or (hereinafter in this section referred to as the progress on the plan required by subsection (j)’’; municipal and industrial purposes.’’; ‘Advisory Board’) composed of 12 members se- and (C) by amending paragraph (2)(C) to read: lected by the Secretary, each for four-year (3) by adding at the end the following: ‘‘The ‘‘(C) If by March 15th of any year the quan- terms, one of whom shall be designated by the filing and adequacy of such report shall be per- tity of Central Valley Project water forecasted Secretary as Chairman. The members shall be sonally certified to the Committees referenced to be made available to water service or repay- selected so as to represent the various Central above by the Regional Director of the Mid-Pa- ment contractors in the Delta Division of the Valley Project stakeholders, four of whom shall cific Region of the Bureau of Reclamation.’’. Central Valley Project is below 75 percent of the be from CVP agricultural users, three from CVP (c) PROJECT YIELD INCREASE.—Section 3408(j) total quantity of water to be made available municipal and industrial users, three from CVP of the Central Valley Project Improvement Act under said contracts, the quantity of Central power contractors, and two at the discretion of (106 Stat. 4730) is amended as follows: Valley Project yield dedicated and managed for the Secretary. The Secretary and the Secretary (1) By redesignating paragraphs (1) through that year under this paragraph shall be reduced of Commerce may each designate a representa- (7) as subparagraphs (A) through (G), respec- by 25 percent.’’. tive to act as an observer of the Advisory Board. tively. (2) By adding at the end the following: ‘‘(2) DUTIES.—The duties of the Advisory (2) By striking ‘‘In order to minimize adverse ‘‘(i) SATISFACTION OF PURPOSES.—By pursuing Board are as follows: effects, if any, upon’’ and inserting ‘‘(1) IN GEN- the activities described in this section, the Sec- ‘‘(A) To meet at least semiannually to develop ERAL.—In order to minimize adverse effects retary shall be deemed to have met the mitiga- and make recommendations to the Secretary re- upon’’.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0688 Sfmt 6333 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2523 (3) By striking ‘‘needs, the Secretary,’’ and all Delta Standards Between the State of California Valley Project water. If any additional infra- that follows through ‘‘submit to Congress, a’’ and the Federal Government’’ dated December structure or related-costs are needed to imple- and inserting ‘‘needs, the Secretary, on a pri- 15, 1994, and such operations shall proceed ment this section, such costs shall be the respon- ority basis and not later than September 30, without regard to the Endangered Species Act of sibility of the non-Federal entity. 2013, shall submit to Congress a’’. 1973 (16 U.S.C. 1531 et seq.) or any other law SEC. 111. REGULATORY STREAMLINING. (4) By striking ‘‘increase,’’ and all that fol- pertaining to the operation of the Central Val- (a) APPLICABILITY OF CERTAIN LAWS.—Filing lows through ‘‘options—’’ and inserting ‘‘in- ley Project and the California State Water of a Notice of Determination or a Notice of Ex- crease, as soon as possible but not later than Project. Implementation of this section shall be emption for any project, including the issuance September 30, 2016 (except for the construction in strict conformance with the ‘‘Principles for of a permit under State law, related to any of new facilities which shall not be limited by Agreement on the Bay-Delta Standards Between project of the CVP or the delivery of water that deadline), the water of the Central Valley the State of California and the Federal Govern- therefrom in accordance with the California En- Project by the amount dedicated and managed ment’’ dated December 15, 1994. vironmental Quality Act shall be deemed to meet for fish and wildlife purposes under this title (b) APPLICATION OF LAWS TO OTHERS.—Nei- the requirements of section 102(2)(C) of the Na- and otherwise required to meet the purposes of ther a Federal department nor the State of Cali- tional Environmental Protection Act of 1969 (42 the Central Valley Project including satisfying fornia, including any agency or board of the U.S.C. 4332(2)(C)) for that project or permit. contractual obligations. The plan required by State of California, shall impose on any valid (b) CONTINUATION OF PROJECT.—The Bureau this subsection shall include recommendations water right obtained pursuant to State law, in- of Reclamation shall not be required to cease or on appropriate cost-sharing arrangements and cluding a pre-1914 appropriative right, any con- modify any major Federal action or other activ- authorizing legislation or other measures needed dition that restricts the exercise of that water ity related to any project of the CVP or the de- to implement the intent, purposes, and provi- right in order to conserve, enhance, recover or livery of water there from pending completion of sions of this subsection and a description of how otherwise protect any species that is affected by judicial review of any determination made the Secretary intends to use the following op- operations of the Central Valley Project or Cali- under the National Environmental Protection tions—’’. fornia State Water Project. Nor shall the State Act of 1969 (42 U.S.C. 4332(2)(C)). (5) In subparagraph (A), by inserting ‘‘and of California, including any agency or board of (c) PROJECT DEFINED.—For the purposes of construction of new water storage facilities’’ be- the State of California, restrict the exercise of this section: fore the semicolon. any valid water right obtained pursuant to (1) CVP.—The term ‘‘CVP’’ means the Central (6) In subparagraph (F), by striking ‘‘and’’ at State law, including a pre-1914 appropriative Valley Project. the end. right, in order to protect, enhance, or restore (2) PROJECT.—The term ‘‘project’’— (7) In subparagraph (G), by striking the pe- under the Public Trust Doctrine any public (A) means an activity that— riod and all that follows through the end of the trust value. Implementation of the ‘‘Principles (i) is undertaken by a public agency, funded subsection and inserting ‘‘; and’’. for Agreement on the Bay-Delta Standards Be- by a public agency, or that requires an issuance (8) By inserting after subparagraph (G) the tween the State of California and the Federal of a permit by a public agency; following: Government’’ dated December 15, 1994, shall be (ii) has a potential to result in physical ‘‘(H) Water banking and recharge.’’. in strict compliance with the water rights pri- change to the environment; and (9) By adding at the end the following: ority system and statutory protections for areas (iii) may be subject to several discretionary ‘‘(2) IMPLEMENTATION OF PLAN.—The Sec- of origin. approvals by governmental agencies; retary shall implement the plan required by (c) COSTS.—No cost associated with the imple- (B) may include construction activities, clear- paragraph (1) commencing on October 1, 2013. mentation of this section shall be imposed di- ing or grading of land, improvements to existing In order to carry out this subsection, the Sec- rectly or indirectly on any Central Valley structures, and activities or equipment involving retary shall coordinate with the State of Cali- Project contractor, or any other person or enti- the issuance of a permit; or fornia in implementing measures for the long- ty, unless such costs are incurred on a vol- (C) as defined under the California Environ- term resolution of problems in the San Francisco untary basis. mental Quality Act in section 21065 of the Cali- Bay/Sacramento-San Joaquin Delta Estuary. (d) NATIVE SPECIES PROTECTION.—California fornia Public Resource Code. ‘‘(3) FAILURE OF THE PLAN.—Notwithstanding law is preempted with respect to any restriction TITLE II—SAN JOAQUIN RIVER any other provision of Federal reclamation law, on the quantity or size of nonnative fish taken RESTORATION if by September 30, 2016, the plan required by or harvested that preys upon one or more native SEC. 201. REPEAL OF THE SAN JOAQUIN RIVER paragraph (1) fails to increase the annual deliv- fish species that occupy the Sacramento and SETTLEMENT. ery capability of the Central Valley Project by San Joaquin Rivers and their tributaries or the As of the date of enactment of this title, the 800,000 acre-feet, implementation of any non- Sacramento-San Joaquin Rivers Delta. Secretary shall cease any action to implement mandatory action under section 3406(b)(2) shall SEC. 109. NATURAL AND ARTIFICIALLY SPAWNED the Stipulation of Settlement (Natural Resources be suspended until the plan achieves an in- SPECIES. Defense Council, et al. v. Kirk Rodgers, et al., crease in the annual delivery capability of the After the date of the enactment of this title, Eastern District of California, No. Civ. S 88–1658 Central Valley Project by 800,000 acre-feet.’’. and regardless of the date of listing, the Secre- LKK/GGH). (d) TECHNICAL CORRECTION.—Section 3408(h) taries of the Interior and Commerce shall not SEC. 202. PURPOSE. of the Central Valley Project Improvement Act distinguish between natural-spawned and Section 10002 of the San Joaquin River Res- (106 Stat. 4729) is amended— hatchery-spawned or otherwise artificially prop- toration Settlement Act (Public Law 111–11) is (1) in paragraph (1), by striking ‘‘paragraph agated strains of a species in making any deter- amended by striking ‘‘implementation of the Set- (h)(2)’’ and inserting ‘‘paragraph (2)’’; and mination under the Endangered Species Act of tlement’’ and inserting ‘‘restoration of the San (2) in paragraph (2), by striking ‘‘paragraph 1973 (16 U.S.C. 1531 et seq.) that relates to any Joaquin River’’. (h)(i)’’ and inserting ‘‘paragraph (1)’’. anadromous fish species present in the Sac- SEC. 203. DEFINITIONS. (e) WATER STORAGE PROJECT CONSTRUC- ramento and San Joaquin Rivers or their tribu- Section 10003 of the San Joaquin River Res- TION.—The Secretary, acting through the Com- taries and ascend those rivers and their tribu- toration Settlement Act (Public Law 111–11) is missioner of the Bureau of Reclamation, may taries to reproduce after maturing in San Fran- amended— partner on the water storage projects identified cisco Bay or the Pacific Ocean. (1) by striking paragraph (1) and inserting the in section 103(d)(1) of the Water Supply Reli- SEC. 110. AUTHORIZED SERVICE AREA. following: ability, and Environmental Improvement Act The authorized service area of the Central ‘‘(1) The term ‘Restoration Flows’ means the (Public Law 108–361)(and Acts supplemental Valley Project shall include the area within the additional water released or bypassed from and amendatory to the Act) with local joint boundaries of the Kettleman City Community Friant Dam to insure that the target flow enter- powers authorities formed pursuant to State law Services District, California, as those boundaries ing Mendota Pool, located approximately 62 by irrigation districts and other local water dis- exist on the date of the enactment of this title. river miles downstream from Friant Dam, does tricts and local governments within the applica- Notwithstanding the provisions of the Act of Oc- not fall below 50 cubic feet per second.’’; ble hydrologic region, to advance these projects. tober 30, 1992 (Public Law 102–575, 106 Stat. 4600 (2) by striking paragraph (3) and inserting the No Federal funds are authorized for this pur- et seq.), upon enactment of this title, the Sec- following: pose and each water storage project is author- retary is authorized and directed to enter into a ‘‘(3) The term ‘Water Year’ means March 1 ized for construction if non-Federal funds are long-term contract in accordance with the rec- through the last day of February of the fol- used for financing and constructing the project. lamation laws with the Kettleman City Commu- lowing Calendar Year, both dates inclusive’’; SEC. 108. BAY-DELTA ACCORD. nity Services District, California, for the deliv- and (a) CONGRESSIONAL DIRECTION REGARDING ery of up to 900 acre-feet of Central Valley (3) by adding at the end the following new CENTRAL VALLEY PROJECT AND CALIFORNIA Project water for municipal and industrial use. paragraph: STATE WATER PROJECT OPERATIONS.—The Cen- The Secretary may temporarily reduce deliveries ‘‘(4) The term ‘Critical Water Year’ means tral Valley Project and the State Water Project of the quantity of water made available pursu- when the total unimpaired runoff at Friant shall be operated pursuant to the water quality ant to up to 25 percent of such total whenever Dam is less than 400,000 acre-feet, as forecasted standards and operational constraints described reductions due to hydrologic circumstances are as of March 1 of that water year by the Cali- in the ‘‘Principles for Agreement on the Bay- imposed upon agricultural deliveries of Central fornia Department of Water Resources.’’.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0688 Sfmt 6333 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2524 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 SEC. 204. IMPLEMENTATION OF RESTORATION. water users, landowners and agencies as a re- or water reliability on any Central Valley Section 10004 of the San Joaquin River Res- sult of Restoration Flows prescribed in this part; Project contractor, any State Water Project con- toration Settlement Act (Public Law 111–11) is and tractor, or any other person or entity, outside amended— ‘‘(3) prior to the implementation of decisions the Friant Division, the Hidden Unit, or the (1) in subsection (a)— or agreements to construct, improve, operate, or Buchanan Unit, unless such reductions or costs (A) in the matter preceding paragraph (1), by maintain facilities that the Secretary determines are incurred on a voluntary basis. striking ‘‘authorized and directed’’ and all that are needed to implement this part, the Secretary ‘‘(l) PRIORITY.—All actions taken under this follows through ‘‘in the Settlement’’ and insert- shall implement all mitigations measures identi- part shall be subordinate to the Secretary’s use ing ‘‘authorized to carry out the following:’’; fied in subsection (d)(2) before Restoration of Central Valley Project facilities to make (B) by striking paragraphs (1), (2), (4), and Flows are commenced.’’; Project water available to Project contractors, (5); (5) in subsection (e), by striking ‘‘the Settle- other than water released from the Friant Dam (C) in paragraph (3)— ment’’ and inserting ‘‘this part’’; pursuant to this part. (i) by striking ‘‘(3)’’ and inserting ‘‘(1)’’; and (6) in subsection (f), by striking ‘‘the Settle- ‘‘(m) IN GENERAL.—Notwithstanding section 8 (ii) by striking ‘‘paragraph 13 of the Settle- ment’’ and all that follows through ‘‘section of the Reclamation Act of 1902, except as pro- ment’’ and inserting ‘‘this part’’ 10011’’ and insert ‘‘this part’’; vided in this part, including Title IV of the Sac- (D) by adding at the end the following new (7) in subsection (g)— ramento and San Joaquin Valleys Water Reli- paragraphs: (A) by striking ‘‘the Settlement and’’ before ability Act, this part preempts and supersedes ‘‘(2) In each Water Year, commencing in the this part; and any State law, regulation, or requirement that Water Year starting on March 1, 2013— (B) by striking ‘‘or exchange contract’’ and imposes more restrictive requirements or regula- ‘‘(A) shall modify Friant Dam operations so as inserting ‘‘exchange contract, or water rights tions on the activities authorized under this to release the Restoration Flows for that Water settlement or holding contracts’’; part. Nothing in this part shall alter or modify Year, except in any Critical Water Year; (8) in subsection (h)— the obligations, if any, of the Friant Division, ‘‘(B) shall ensure that the release of Restora- (A) by striking ‘‘INTERIM’’ in the header; Hidden Unit, and Buchanan Unit of the Central tion Flows are maintained at the level pre- (B) in paragraph (1)— Valley Project, or other water users on the San scribed by this part, but that Restoration Flows (i) in the matter preceding subparagraph (A), Joaquin River or its tributaries, under orders do not reach downstream of Mendota Pool; by striking ‘‘Interim Flows under the Settle- issued by the State Water Resources Control ‘‘(C) shall release the Restoration Flows in a ment’’ and inserting ‘‘Restoration Flows under Board pursuant to the Porter-Cologne Water manner that improves the fishery in the San this part’’; Quality Control Act (California Water Code sec- Joaquin River below Friant Dam, but upstream (ii) in subparagraph (C)— tions 13000 et seq.). Any such order shall be con- of Gravelly Ford in existence as of the date of (I) in clause (i), by striking ‘‘Interim’’ and in- sistent with the congressional authorization for the enactment of this part, and the associated serting ‘‘Restoration’’; and any affected Federal facility as it pertains to riparian habitat; and (II) in clause (ii), by inserting ‘‘and’’ after the the Central Valley Project. ‘‘(D) may, without limiting the actions re- semicolon; ‘‘(n) PROJECT IMPLEMENTATION.—Projects to quired under paragraphs (A) and (C) and sub- (iii) in subparagraph (D), by striking ‘‘and’’ implement this title shall be phased such that ject to subsections 10004(a)(3) and 10004(l), use at the end; and each project shall follow the sequencing identi- the Restoration Flows to enhance or restore a (iv) by striking subparagraph (E); fied below and include at least the— warm water fishery downstream of Gravelly (C) in paragraph (2)— ‘‘(1) project purpose and need; Ford to and including Mendota Pool, if the Sec- (i) by striking ‘‘Interim’’ and inserting ‘‘Res- ‘‘(2) identification of mitigation measures; retary determines that it is reasonable, prudent, toration’’; ‘‘(3) appropriate environmental review; and and feasible to do so; and (ii) by striking subparagraph (A); and ‘‘(4) prior to releasing Restoration Flows ‘‘(3) Not later than 1 year after the date of the (iii) by striking ‘‘(B) exceed’’ and inserting under this part, the Secretary shall— enactment of this section, the Secretary shall ‘‘exceed’’; ‘‘(A) complete the implementation of mitiga- develop and implement, in cooperation with the (D) in paragraph (3), by striking ‘‘Interim’’ tion measures required; and ‘‘(B) complete implementation of the project.’’. State of California, a reasonable plan, to fully and inserting ‘‘Restoration’’; and recirculate, recapture, reuse, exchange, or (E) by striking paragraph (4) and inserting SEC. 205. DISPOSAL OF PROPERTY; TITLE TO FA- transfer all Restoration Flows and provide such the following: CILITIES. Section 10005 of the San Joaquin River Res- recirculated, recaptured, reused, exchanged, or ‘‘(4) CLAIMS.—Within 60 days of enactment of transferred flows to those contractors within the this Act the Secretary shall promulgate a rule toration Settlement Act (Public Law 111–11) is Friant Division, Hidden Unit, and Buchanan establishing a claims process to address current amended— (1) in subsection (a), by striking ‘‘the Settle- Unit of the Central Valley Project that relin- and future claims including, but not limited to, ment authorized by this part’’ and inserting quished the Restoration Flows so recirculated, ground water seepage, flooding, or levee insta- ‘‘this part’’; recaptured, reused, exchanged, or transferred. bility damages caused as a result of, arising out (2) in subsection (b)— Such a plan shall address any impact on ground of, or related to implementation of subtitle A of (A) in paragraph (1)— water resources within the service area of the title X of Public Law 111–11.’’; (i) by striking ‘‘(1) IN GENERAL.—The Sec- Friant Division, Hidden Unit, and Buchanan (9) in subsection (i)— retary’’ and inserting ‘‘The Secretary’’; and Unit of the Central Valley Project and mitiga- (A) in paragraph (1)— (ii) by striking ‘‘the Settlement authorized by tion may include ground water banking and re- (i) in the matter preceding subparagraph (A), this part’’ and inserting ‘‘this part’’; and charge projects. Such a plan shall not impact by striking ‘‘the Settlement and parts I and III’’ (B) by striking paragraph (2); and the water supply or water rights of any entity and inserting ‘‘this part’’; (3) in subsection (c)— outside the Friant Division, Hidden unit, and (ii) in subparagraph (A), by inserting ‘‘and’’ (A) in paragraph (1), by striking ‘‘the Settle- Buchanan Unit of the Central Valley Project. after the semicolon; ment’’ and inserting ‘‘this part’’; Such a plan shall be subject to applicable provi- (iii) in subparagraph (B)— (B) in paragraph (2)— sions of California water law and the Sec- (I) by striking ‘‘additional amounts author- (i) by striking ‘‘through the exercise of its emi- retary’s use of Central Valley Project facilities ized to be appropriated, including the’’; nent domain authority’’; and to make Project water (other than water re- (II) by striking ‘‘; and’’ and inserting a pe- (ii) by striking ‘‘the Settlement’’ and inserting leased from Friant Dam pursuant to this part) riod; and ‘‘this part’’; and and water acquired through transfers available (iv) by striking subparagraph (C); and (C) in paragraph (3), by striking ‘‘section to existing south-of-Delta Central Valley Project (B) by striking paragraph (3); and 10009(c)’’ and inserting ‘‘section 10009’’. contractors.’’; (10) by adding at the end the following new SEC. 206. COMPLIANCE WITH APPLICABLE LAW. (2) in subsection (b)— subsections: Section 10006 of the San Joaquin River Res- (A) in paragraph (1), by striking ‘‘the Settle- ‘‘(k) NO IMPACTS ON OTHER INTERESTS.—No toration Settlement Act (Public Law 111–11) is ment’’ and inserting ‘‘this part’’; Central Valley Project or other water other than amended— (B) in paragraph (2), by striking ‘‘the Settle- San Joaquin River water impounded by or by- (1) in subsection (a)— ment’’ and inserting ‘‘this part’’; passed from Friant Dam shall be used to imple- (A) in paragraph (1), by inserting ‘‘unless oth- (3) in subsection (c), by striking ‘‘the Settle- ment subsection (a)(2) unless such use is on a erwise provided by this part’’ before the period ment’’ and inserting ‘‘this part’’; voluntary basis. No cost associated with the im- at the end; and (4) by striking subsection (d) and inserting the plementation of this section shall be imposed di- (B) in paragraph (2), by striking ‘‘the Settle- following: rectly or indirectly on any Central Valley ment’’ and inserting ‘‘this part’’; ‘‘(d) MITIGATION OF IMPACTS.—Prior to Octo- Project contractor, or any other person or enti- (2) in subsection (b), by inserting ‘‘, unless ber 1, 2013, the Secretary shall identify— ty, outside the Friant Division, the Hidden otherwise provided by this part’’ before the pe- ‘‘(1) the impacts associated with the release of Unit, or the Buchanan Unit, unless such costs riod at the end; Restoration Flows prescribed in this part; are incurred on a voluntary basis. The imple- (3) in subsection (c)— ‘‘(2) the measures which shall be implemented mentation of this part shall not result directly (A) in paragraph (2), by striking ‘‘section to mitigate impacts on adjacent and downstream or indirectly in any reduction in water supplies 10004’’ and inserting ‘‘this part’’; and

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0688 Sfmt 6333 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2525 (B) in paragraph (3), by striking ‘‘the Settle- (iii) in subparagraph (D), by striking ‘‘the (1) Not later than 1 year after enactment, the ment’’ and inserting ‘‘this part’’; and Settlement’’ and inserting ‘‘this part’’; Secretary of the Interior, upon request of the (4) in subsection (d)— (B) in paragraph (2), by striking ‘‘the Settle- contractor, shall convert all existing long-term (A) by inserting ‘‘, including without limita- ment and’’ before ‘‘this part’’; and Central Valley Project contracts entered under tion to sections 10004(d) and 10004(h)(4) of this (5) by striking subsections (d) through (f). subsection (e) of section 9 of the Act of August part,’’ after ‘‘implementing this part’’; and SEC. 210. REPAYMENT CONTRACTS AND ACCEL- 4, 1939 (53 Stat. 1196), to a contract under sub- (B) by striking ‘‘for implementation of the Set- ERATION OF REPAYMENT OF CON- section (d) of section 9 of said Act (53 Stat. tlement’’. STRUCTION COSTS. 1195), under mutually agreeable terms and con- Section 10010 of the San Joaquin River Res- ditions. SEC. 207. COMPLIANCE WITH CENTRAL VALLEY toration Settlement Act (Public Law 111–11) is PROJECT IMPROVEMENT ACT. (2) Upon request of the contractor, the Sec- amended— Section 10007 of the San Joaquin River Res- (1) in subsection (a)— retary is further authorized to convert, not later toration Settlement Act (Public Law 111–11) is (A) in paragraph (3)(D), by striking ‘‘the Set- than 1 year after enactment, any Central Valley amended— tlement and’’ after ‘‘this part’’; and Project long-term contract entered under sub- (1) in the matter preceding paragraph (1), (B) in paragraph (4)(C), by striking ‘‘the Set- section (c)(2) of section 9 of the Act of August 4, (A) by striking ‘‘the Settlement’’ and inserting tlement and’’ after ‘‘this part’’; 1939 (53 Stat. 1194), to a contract under sub- ‘‘enactment of this part’’; and (2) in subsection (c), by striking paragraph section (c)(1) of section 9 of said Act, under mu- (B) by inserting: ‘‘and the obligations of the (3); tually agreeable terms and conditions. Secretary and all other parties to protect and (3) in subsection (d)(1), by striking ‘‘the Set- (3) All contracts entered into pursuant to keep in good condition any fish that may be tlement’’ in both places it appears and inserting paragraph (1) shall— planted or exist below Friant Dam including ‘‘this part’’; (A) require the repayment, either in lump sum any obligations under section 5937 of the Cali- (4) in subsection (e)— or by accelerated prepayment, of the remaining fornia Fish and Game Code and the public trust (A) in paragraph (1)— amount of construction costs identified in the doctrine, and those of the Secretary and all (i) by striking ‘‘Interim Flows or Restoration most current version of the Central Valley other parties under the Endangered Species Act Flows, pursuant to paragraphs 13 or 15 of the Project Schedule of Irrigation Capital Alloca- of 1973 (16 U.S.C. 1531 et seq.).’’ before ‘‘, pro- Settlement’’ and inserting ‘‘Restoration Flows, tions by Contractor, as adjusted to reflect pay- vided’’; and pursuant to this part’’; ments not reflected in such schedule, and prop- (ii) by striking ‘‘Interim Flows or’’ before (2) in paragraph (1), by striking ‘‘, as pro- erly assignable for ultimate return by the con- vided in the Settlement’’. ‘‘Restoration Flows’’; and (iii) by striking ‘‘the Interim Flows or Restora- tractor, no later than January 31, 2013, or if SEC. 208. NO PRIVATE RIGHT OF ACTION. tion Flows or is intended to otherwise facilitate made in approximately equal annual install- Section 10008(a) of the San Joaquin River Res- the Water Management Goal, as described in the ments, no later than January 31, 2016; such toration Settlement Act (Public Law 111–11) is Settlement’’ and inserting ‘‘Restoration Flows’’; amount to be discounted by the Treasury Rate. amended— and An estimate of the remaining amount of con- (1) by striking ‘‘not a party to the Settlement’’ (B) in paragraph (2)— struction costs as of January 31, 2013, as ad- after ‘‘person or entity’’ ; and (i) by striking ‘‘except as provided in para- justed, shall be provided by the Secretary of the (2) by striking ‘‘or the Settlement’’ before the graph 16(b) of the Settlement’’ after ‘‘Friant Di- Interior to each contractor no later than 180 period and inserting ‘‘unless otherwise provided vision long-term contractor’’; and days after enactment; by this part. Any Central Valley Project long- (ii) by striking ‘‘the Interim Flows or Restora- (B) require that, notwithstanding subsection term water service or repayment contractor tion Flows or to facilitate the Water Manage- (c)(2), construction costs or other capitalized within the Friant Division, Hidden unit, or ment Goal’’ and inserting ‘‘Restoration Flows’’. costs incurred after the effective date of the con- Buchanan Unit adversely affected by the Sec- SEC. 211. REPEAL. verted contract or not reflected in the schedule retary’s failure to comply with section Section 10011 of the San Joaquin River Res- referenced in subparagraph (A), and properly 10004(a)(3) of this part may bring an action toration Settlement Act (Public Law 111–11) is assignable to such contractor, shall be repaid in against the Secretary for injunctive relief or repealed. not more than 5 years after notification of the damages, or both.’’. SEC. 212. WATER SUPPLY MITIGATION. allocation if such amount is a result of a collec- SEC. 209. IMPLEMENTATION. Section 10202(b) of the San Joaquin River Res- tive annual allocation of capital costs to the Section 10009 of the San Joaquin River Res- toration Settlement Act (Public Law 111–11) is contractors exercising contract conversions toration Settlement Act (Public Law 111–11) is amended— under this subsection of less than $5,000,000. If amended— (1) in paragraph (1), by striking ‘‘the Interim such amount is $5,000,000 or greater, such cost (1) in the header by striking ‘‘; SETTLEMENT or Restoration Flows authorized in part I of this shall be repaid as provided by applicable rec- FUND’’; subtitle’’ and inserting ‘‘Restoration Flows au- lamation law, provided that the reference to the (2) in subsection (a)— thorized in this part’’; amount of $5,000,000 shall not be a precedent in (A) in paragraph (1)— (2) in paragraph (2), by striking ‘‘the Interim any other context; and (i) by striking ‘‘the Settlement’’ and inserting or Restoration Flows authorized in part I of this (C) provide that power revenues will not be ‘‘this part’’; subtitle’’ and inserting ‘‘Restoration Flows au- available to aid in repayment of construction (ii) by striking ‘‘, estimated to total’’ and all thorized in this part’’; and costs allocated to irrigation under the contract. (3) in paragraph (3)— (4) All contracts entered into pursuant to that follows through ‘‘subsection (b)(1),’’; and (A) in subparagraph (A), by striking ‘‘meet (iii) by striking ‘‘, provided; however,’’ and all paragraph (2) shall— the Restoration Goal as described in part I of (A) require the repayment in lump sum of the that follows through ‘‘$110,000,000 of State this subtitle’’ and inserting ‘‘recover Restoration funds’’; remaining amount of construction costs identi- Flows as described in this part’’; fied in the most current version of the Central (B) in paragraph (2)— (B) in subparagraph (C)— (i) in subparagraph (A), by striking ‘‘(A) IN (i) by striking ‘‘the Interim or Restoration Valley Project Schedule of Municipal and In- GENERAL.—The Secretary’’ and inserting ‘‘The Flows authorized in part I of this subtitle’’ and dustrial Water Rates, as adjusted to reflect pay- Secretary’’; inserting ‘‘Restoration Flows authorized in this ments not reflected in such schedule, and prop- (ii) by striking subparagraph (B); and part’’; and erly assignable for ultimate return by the con- (C) in paragraph (3)— (ii) by striking ‘‘, and for ensuring appro- tractor, no later than January 31, 2016. An esti- (i) by striking ‘‘Except as provided in the Set- priate adjustment in the recovered water ac- mate of the remaining amount of construction tlement, to’’ and inserting ‘‘To’’; and count pursuant to section 10004(a)(5)’’. costs as of January 31, 2016, as adjusted, shall (ii) by striking ‘‘this Settlement’’ and inserting SEC. 213. ADDITIONAL AUTHORITIES. be provided by the Secretary of the Interior to ‘‘this part’’; Section 10203 of the San Joaquin River Res- each contractor no later than 180 days after en- (3) in subsection (b)(1)— toration Settlement Act (Public Law 111–11) is actment; and (A) by striking ‘‘In addition’’ through ‘‘how- amended— (B) require that, notwithstanding subsection ever, that the’’ and inserting ‘‘The’’; (1) in subsection (b)— (c)(2), construction costs or other capitalized (B) by striking ‘‘such additional appropria- (A) by striking ‘‘section 10004(a)(4)’’ and in- costs incurred after the effective date of the con- tions only in amounts equal to’’; and serting ‘‘section 10004(a)(3)’’; and tract or not reflected in the schedule referenced (C) by striking ‘‘or the Settlement’’ before the (B) by striking ‘‘, provided’’ and all that fol- in subparagraph (A), and properly assignable to period; lows through ‘‘section 10009(f)(2)’’; and such contractor, shall be repaid in not more (4) in subsection (c)— (2) by striking subsection (c). than 5 years after notification of the allocation (A) in paragraph (1)— TITLE III—REPAYMENT CONTRACTS AND if such amount is a result of a collective annual (i) in the matter preceding subparagraph (A), ACCELERATION OF REPAYMENT OF CON- allocation of capital costs to the contractors ex- by striking ‘‘the Settlement’’ and inserting ‘‘this STRUCTION COSTS ercising contract conversions under this sub- part’’; SEC. 301. REPAYMENT CONTRACTS AND ACCEL- section of less than $5,000,000. If such amount is (ii) in subparagraph (C), by striking ‘‘from the ERATION OF REPAYMENT OF CON- $5,000,000 or greater, such cost shall be repaid as sale of water pursuant to the Settlement, or’’; STRUCTION COSTS. provided by applicable reclamation law, pro- and (a) CONVERSION OF CONTRACTS.— vided that the reference to the amount of

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0688 Sfmt 6333 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2526 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 $5,000,000 shall not be a precedent in any other to and honor water rights and other priorities (2) The year type terms used in subsection (a) context. that are obtained or exist pursuant to the provi- have the meaning given those year types in the (b) FINAL ADJUSTMENT.—The amounts paid sions of California Water Code sections 10505, Sacramento Valley Water Year Type (40–30–30) pursuant to subsection (a) shall be subject to 10505:5, 11128, 11460, and 11463; and sections Index. adjustment following a final cost allocation by 12200 to 12220, inclusive; and SEC. 404. NO REDIRECTED ADVERSE IMPACTS. the Secretary of the Interior upon completion of (3) any action that affects the diversion of The Secretary shall insure that there are no the construction of the Central Valley Project. water or involves the release of water from any redirected adverse water supply or fiscal impacts In the event that the final cost allocation indi- water storage facility taken by the Secretary or to those within the Sacramento River watershed cates that the costs properly assignable to the the Secretary of the Department of Commerce to or to the State Water Project arising from the contractor are greater than what has been paid conserve, enhance, recover, or otherwise protect Secretary’s operation of the Central Valley by the contractor, the contractor shall be obli- any species listed under the Endangered Species Project to meet legal obligations imposed by or gated to pay the remaining allocated costs. The Act of 1973 (16 U.S.C. 1531 et seq.) shall be ap- through any State or Federal agency, including, term of such additional repayment contract plied in a manner that is consistent with water but not limited to those legal obligations ema- shall be no less than 1 year and no more than right priorities established by State law. nating from the Endangered Species Act of 1973 10 years, however, mutually agreeable provi- SEC. 402. SACRAMENTO RIVER SETTLEMENT CON- (16 U.S.C. 1531 et seq.) or this Act, or actions or sions regarding the rate of repayment of such TRACTS. activities implemented to meet the twin goals of amount may be developed by the parties. In the In the implementation of the Endangered Spe- improving water supply or addressing environ- event that the final cost allocation indicates cies Act of 1973 (16 U.S.C. 1531 et seq.), in the mental needs of the Bay Delta. that the costs properly assignable to the con- Bay-Delta and on the Sacramento River, the TITLE V—MISCELLANOUS tractor are less than what the contractor has Secretary and the Secretary of Commerce are di- paid, the Secretary of the Interior is authorized rected to apply any limitations on the operation SEC. 501. PRECEDENT. and directed to credit such overpayment as an of the Central Valley Project or to formulate Congress finds and declares that— (1) coordinated operations between the Cen- offset against any outstanding or future obliga- any ‘‘reasonable prudent alternative’’ associ- tral Valley Project and the State Water Project, tion of the contractor. ated with the operation of the Central Valley (c) APPLICABILITY OF CERTAIN PROVISIONS.— previously requested and consented to by the Project in a manner that strictly adheres to and (1) Notwithstanding any repayment obligation State of California and the Federal Government, applies the water rights priorities for ‘‘Project under subsection (a)(3)(B) or subsection (b), require assertion of Federal supremacy to pro- Water’’ and ‘‘Base Supply’’ provided for in the upon a contractor’s compliance with and dis- tect existing water rights throughout the system; Sacramento River Settlement Contracts. Article charge of the obligation of repayment of the and 3(i) of the Sacramento River Settlement Con- construction costs as provided in subsection (2) these circumstances are unique to Cali- tracts shall not be utilized by the United States (a)(3)(A), the ownership and full-cost pricing fornia. limitations of any provision of Federal reclama- as means to provide shortages to the Sacramento River Settlement Contracts that are different Therefore, nothing in this Act shall serve as tion law shall not apply to lands in such dis- precedent in any other State. trict. than those provided for in Article 5(a) of those (2) Notwithstanding any repayment obligation contracts. The Acting CHAIR. No amendment under paragraph (3)(B) or paragraph (4)(B) of SEC. 403. SACRAMENTO RIVER WATERSHED to that amendment in the nature of a subsection (a), or subsection (b), upon a con- WATER SERVICE CONTRACTORS. substitute shall be in order except tractor’s compliance with and discharge of the (a) IN GENERAL.—Subject to subsection (b) those printed in House Report 112–405. obligation of repayment of the construction and the absolute priority of the Sacramento Each such amendment may be offered costs as provided in paragraphs (3)(A) and River Settlement Contractors to Sacramento River supplies over Central Valley Project diver- only in the order printed in the report, (4)(A) of subsection (a), such contractor shall by a Member designated in the report, continue to pay applicable operation and main- sions and deliveries to other contractors, the tenance costs and other charges applicable to Secretary is directed, in the operation of the shall be considered read, shall be de- such repayment contracts pursuant to the then- Central Valley Project, to allocate water pro- batable for the time specified in the re- current rate-setting policy and applicable law. vided for irrigation purposes to existing Central port equally divided and controlled by (d) CERTAIN REPAYMENT OBLIGATIONS NOT Valley Project agricultural water service con- the proponent and an opponent, shall ALTERED.—Implementation of the provisions of tractors within the Sacramento River Watershed not be subject to amendment, and shall this section shall not alter the repayment obliga- in compliance with the following: not be subject to a demand for division (1) Not less than 100% of their contract quan- tion of any other long-term water service or re- of the question. payment contractor receiving water from the tities in a ‘‘Wet’’ year. Central Valley Project, or shift any costs that (2) Not less than 100% of their contract quan- AMENDMENT NO. 1 OFFERED BY MR. MCCLINTOCK would otherwise have been properly assignable tities in an ‘‘Above Normal’’ year. The Acting CHAIR. It is now in order to any contractors absent this section, including (3) Not less than 100% of their contract quan- to consider amendment No. 1 printed in operations and maintenance costs, construction tities in a ‘‘Below Normal’’ year. House Report 112–405. costs, or other capitalized costs incurred after (4) Not less than 75% of their contract quan- Mr. MCCLINTOCK. Mr. Chairman, I the date of enactment of this Act, to other such tities in a ‘‘Dry’’ year. have an amendment made in order (5) Not less than 50% of their contract quan- contractors. under the rule. (e) STATUTORY INTERPRETATION.—Nothing in tities in a ‘‘Critically Dry’’ year. this part shall be construed to affect the right of (b) PROTECTION OF MUNICIPAL AND INDUS- The Acting CHAIR. The Clerk will any long-term contractor to use a particular TRIAL SUPPLIES.—Nothing in subsection (a) designate the amendment. type of financing to make the payments required shall be deemed to (i) modify any provision of a The text of the amendment is as fol- in paragraph (3)(A) or paragraph (4)(A) of sub- water service contract that addresses municipal lows: section (a). and industrial water shortage policies of the Page 3, line 24, strike ‘‘CONTRACTS’’ and (f) DEFINITION OF TREASURY RATE.—For pur- Secretary, (ii) affect or limit the authority of the insert ‘‘CONTRACT’’. poses of this section, ‘‘Treasury Rate’’ shall be Secretary to adopt or modify municipal and in- Page 4, starting on line 7, strike ‘‘, and defined as the 20-year Constant Maturity Treas- dustrial water shortage policies, (iii) affect or renew such contracts for successive periods ury rate published by the United States Depart- limit the authority of the Secretary to implement of 40 years each’’. ment of the Treasury as of October 1, 2012. municipal and industrial water shortage poli- Page 4, after line 9, insert the following TITLE IV—BAY-DELTA WATERSHED WATER cies, or (iv) affect allocations to Central Valley new subsection: RIGHTS PRESERVATION AND PROTEC- Project municipal and industrial contractors (b) ADMINISTRATION OF CONTRACTS.—Except TION pursuant to such policies. Neither subsection (a) as expressly provided by this Act, any exist- SEC. 401. WATER RIGHTS AND AREA-OF-ORIGIN nor the Secretary’s implementation of subsection ing long-term repayment or water service PROTECTIONS. (a) shall constrain, govern or affect, directly or contract for the delivery of water from the Notwithstanding the provisions of this Act, indirectly, the operations of the Central Valley Central Valley Project shall be administered Federal reclamation law, or the Endangered Project’s American River Division or any deliv- pursuant to the Act of July 2, 1956 (70 Stat. Species Act of 1973 (16 U.S.C. 1531 et seq.)— eries from that Division, its units or its facilities. 483). (1) the Secretary of the Interior (‘‘Secretary’’) (c) DEFINITIONS.—In this section: Page 4, line 10, strike ‘‘(b)’’ and insert is directed, in the operation of the Central Val- (1) The term ‘‘existing Central Valley Project ‘‘(c)’’. ley Project, to strictly adhere to State water agricultural water service contractors within the Page 11, line 21, strike ‘‘.00’’. rights law governing water rights priorities by Sacramento River Watershed’’ means water Page 12, line 3, strike ‘‘, no’’ and insert honoring water rights senior to those belonging service contractors within the Shasta, Trinity, ‘‘no’’. to the Central Valley Project, regardless of the and Sacramento River Divisions of the Central Page 16, line 18, strike ‘‘submit to’’ and in- source of priority; Valley Project, that have a water service con- sert ‘‘submit to the’’. (2) the Secretary is directed, in the operation tract in effect, on the date of the enactment of Page 16, line 23, strike ‘‘options—’’ and in- of the Central Valley Project, to strictly adhere this section, that provides water for irrigation. sert ‘‘options:’’.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2527 Page 19, line 3, after ‘‘may partner’’ insert This amendment makes it crystal into, if the other contracting party so re- ‘‘or enter into an agreement’’. clear that these four projects are au- quests, for renewal thereof under stated Page 19, line 11, after ‘‘No’’ and before thorized as long as non-Federal financ- terms and conditions mutually agreeable to ‘‘Federal funds’’ insert ‘‘additional’’. ing is used. This clears the way for the parties. Page 19, lines 11, strike ‘‘this purpose and’’ And I repeat: under stated terms and and insert ‘‘the activities authorized in sec- local, State, and private funds to be ap- tions 103(d)(1)(A)(i), 103(d)(1)(A)(ii) and plied immediately to the construction conditions mutually agreeable to the 103(d)(1)(A)(iii) of Public Law 108–361.’’. of these facilities. parties. Page 19, lines 11 and 12, before ‘‘each water The rest of the amendments are tech- This is not automatic renewal. This storage project’’ insert ‘‘However,’’. nical. They remove superfluous lan- is negotiated anew between the govern- Page 19, line 12, after ‘‘water storage ment and the contractor. The only ex- project’’ insert ‘‘under sections guage, correct misspellings, and cor- rect inadvertent omission. ception to that act under this bill is to 103(d)(1)(A)(i), 103(d)(1)(A)(ii) and accommodate the early repayment of 103(d)(1)(A)(iii) of Public Law 108–361’’. I reserve the balance of my time. Page 20, line 10, strike ‘‘valid’’. The Acting CHAIR. Who seeks rec- Federal loans, which would be a boon Page 20, line 17, strike ‘‘valid’’. ognition in opposition to the amend- to the cash-strapped Federal Treasury. Page 25, line 16, insert a period after ‘‘in- ment? Mr. Chairman, as we have repeatedly clusive’’. Mrs. NAPOLITANO. Actually, Mr. tried to explain to the minority, this Page 26, line 4, insert a colon after ‘‘Settle- measure simply applies the same ment’’. Chairman, I wish to speak on this Page 37, line 22, insert ‘‘the first place it issue. standards to the CVP as are applied to appears’’ before ‘‘and’’. The Acting CHAIR. The gentlewoman all other water contracts throughout Page 38, line 1, strike ‘‘, provided;’’ and in- from California is recognized for 5 min- the western United States. sert ‘‘provided’’. utes. It was a punitive act by this Congress Page 39, line 19, strike ‘‘after’’ and insert Mrs. NAPOLITANO. Mr. Chairman, in 1992 that reduced the amount of ‘‘before’’. time in these contracts from 40 years Page 39, line 21, strike ‘‘after’’ and insert as my colleague has said, his amend- ‘‘before’’. ment makes technical changes to the to 25 years exclusively for the CVP. Page 49, line 12, insert ‘‘Central Valley legislation, but it leaves in question This legislation sets that right and re- Project’’ before ‘‘water’’. and very much in doubt—although it turns the CVP to equal treatment with Page 52, line 12, after ‘‘Sacramento River’’ says the 40-year rule in Western water any other water project in the western insert ‘‘or San Joaquin River’’. is standard—but is this in perpetuity? United States. Page 52, line 21, strike ‘‘MISCELLANOUS’’ I would like a response on that, if I I reserve the balance of my time, un- and insert ‘‘MISCELLANEOUS’’. may involve myself in a colloquy with less the gentlelady has closed. The Acting CHAIR. Pursuant to my colleague, Mr. Chairman. The Acting CHAIR. The Chair wishes House Resolution 566, the gentleman The Acting CHAIR. The gentlewoman to clarify, the gentlewoman from Cali- from California (Mr. MCCLINTOCK) and may proceed. fornia is not in opposition to the a Member opposed each will control 5 Mrs. NAPOLITANO. Is this a renewal amendment but has yielded back the minutes. every 40 years, or is it in perpetuity? remainder of her time. The Chair recognizes the gentleman Mr. MCCLINTOCK. Let me read di- Mrs. NAPOLITANO. I wish to re- from California. rectly from the act of July 2, 1956, gov- claim my time, Mr. Chairman. Mr. MCCLINTOCK. Mr. Chairman, erning all reclamation contracts, in- The Acting CHAIR. Is there objection this amendment addresses two con- cluding those under this legislation: to the request of the gentlewoman cerns that have been raised by oppo- The Secretary of the Interior shall from California? nents of the bill during the committee include in any long-term contracts— There was no objection. markup and here on the floor today. Mrs. NAPOLITANO. Reclaiming my The Acting CHAIR. The gentlewoman A great deal of time during that time, Mr. Chairman, I don’t wish to from California is recognized. markup and more today was spent ad- know of ’56. I wish to know what your b 1540 dressing concerns that the bill provides amendment does. for 40-year contracts that can be re- Mr. MCCLINTOCK. This amendment Mrs. NAPOLITANO. I just want to newed each year. The minority charged applies the act that I was just reading thank my colleague on the other side that this amounts to de facto privat- to the Central Valley Project. I was for clarifying that, and I would like to ization of a public resource. specifically answering the gentlelady’s yield the balance of my time to the Well, we have tried over and over to question by quoting directly from the gentleman from California (Mr. explain to them that 40-year successive text of the act that this proposes. GARAMENDI). renewal contracts are the rule in West- Mrs. NAPOLITANO. I would ask Mr. GARAMENDI. There is always ern water law, and the 25-year provi- again, is it in perpetuity? the rest of the story. And while this sion for the Central Valley Project was Mr. MCCLINTOCK. No. It has to be amendment deals with one of the per- actually the exception. Indeed, the negotiated. In fact, just read the text. nicious parts of the legislation that CVP used to operate with a 40-year pro- I think this will answer the question. would have been a perpetual contract, vision until that was changed in 1992. Mrs. NAPOLITANO. Thank you, Mr. it does not deal with the remaining This amendment makes it absolutely MCCLINTOCK. Reclaiming my time, the pieces of the Central Valley Improve- crystal clear, I certainly hope, that the technical memo also makes some ment Act, which dealt with the issue of contract provisions for the Central standard corrections to the language how those contracts were to be renego- Valley Project must be in conformity passed out in committee. While we tiated at the end of 40 years. In fact, with the act of July 2, 1956, that were not consulted in the drafting of those parts of the Central Valley Im- amended the Reclamation Projects Act this amendment, we don’t oppose the provement Act said that, in the renego- of 1939. These provisions govern all rec- amendment, as it does nothing sub- tiation process, the Federal Govern- lamation projects throughout the west- stantial. ment needed to take into account the ern United States and treats the CVP I yield back the balance of my time. issues of water availability. You know, contracts no differently. I hope that Mr. MCCLINTOCK. Mr. Chairman, if I maybe there’s not that much water this provision settles this issue. could now answer the question of the available and we need to downgrade, or The second substantive provision, gentlewoman that she didn’t seem to maybe we need to increase the amount also included in deference to opponents want to hear, it is this: of water, take into account the envi- of the measures, arises from an amend- This act applies—the act of July 2, ronmental issues. So those very, very ment that intends to expedite four 1956—to all contracts in the CVP under important qualifications on how the CALFED surface water projects. It was this legislation. That legislation contracts would be renegotiated dis- charged that the wording would have states: appeared in the underlying bill. interfered with authorization of the The Secretary of the Interior shall include You did deal with one of the prob- project. in any long-term contract hereafter entered lems, and that is the perpetuity issue,

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2528 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 and we understand that. But, nonethe- fishery, or related jobs will be lost in We believe that H.R. 1837 would be counter- less, there is a very, very serious prob- northern California counties as a result productive to the development of a com- lem that remains in the negotiation or of this bill. I represent a community prehensive solution to the Golden State’s water programs as it overrides many exist- the renegotiation of the contracts; and, with varied economic interests: agri- ing regulations and laws concerning the therefore, the amendment, while deal- culture, fisheries, and tourism. Our delta ecosystem and undermines years of col- ing with one problem, allows the re- amendment would protect these jobs laboration and goodwill developed by a broad maining problems to exist. And those from this politically driven legislation coalition of actors and experts. remaining problems are how and under that would divert water to south-of- And this mention of broad coalition, what circumstances is the Federal Gov- delta private agricultural interests. it’s why this bill stinks, in plain ernment to carry out the negotiations; Proponents of this bill claim that the English, because there’s not a coali- that is, do we take into account envi- bill protects jobs. The bill does the tion. You have to build from the ronmental issues, fish in the river or exact opposite of what it claims to do. ground up with the stakeholders. not, and availability of water or not. It’s a job-killer bill. It creates eco- That’s why there’s such a problem with Mr. MCCLINTOCK. Mr. Chairman, to nomic winners and losers based on it. answer the gentleman very specifi- south-of-delta interests. The liveli- Listen to what the Pacific Coast Fed- cally, the contract negotiations are hoods and concerns of individuals out- eration of Fishermen’s Associations conducted in precisely the same man- side of this limited area are ignored in says, and they’re the largest commer- ner as every other contract in the order to support well-heeled agricul- cial fishermen association along the Western United States. tural interests south of the delta. Pacific coast: I would remind the gentleman and In my home district, over 2 million Make no mistake, this bill will only pre- the gentlelady who carried the legisla- acres of farmland support a greater empt State law; it will destroy jobs. One of tion, this Congress approved a 50-year than $1 billion market value of prod- the west coast’s oldest industries, our salm- ucts. Over 10 percent of these farms de- on fishery, along with the fishing commu- contract for Hoover power users. And I nities and the economy and heritage it rep- would remind my friend, the gentleman pend on irrigation. I do not believe that these farmers are less important resents, is threatened with extinction by this from California, that during the mark- audacious bill. up, he specifically said that he could than the south-of-delta farmers. Their jobs, their income, their families We need to protect our citizens from probably live with 40 years. I hope that further economic hardships by defend- is still the case. I hope that these should not be sacrificed. However, this is not simply a north- ing American jobs and enacting legisla- amendments assuage his concerns, and ern farmer versus southern farmer tion that will help, not harm. I yield back the balance of my time. For these reasons, I urge my col- issue. Fishermen on the north coast of The Acting CHAIR. The question is leagues to vote for Representative California saw the result of politically on the amendment offered by the gen- THOMPSON’s amendment. driven water resources decisions in ’08 tleman from California (Mr. MCCLIN- Mr. HASTINGS of Washington. Mr. and ’09, and they paid the price in al- TOCK). Chairman, I rise to claim the time in most 5,000 jobs and the economic loss The amendment was agreed to. opposition. of over $534 million. The Acting CHAIR. The gentleman is AMENDMENT NO. 2 OFFERED BY MR. THOMPSON The Thompson-Eshoo amendment OF CALIFORNIA recognized for 5 minutes. would prevent any provisions of this Mr. HASTINGS of Washington. Mr. The Acting CHAIR. It is now in order bill from going into effect that would to consider amendment No. 2 printed in Chairman, I yield 1 minute to the gen- result in the loss of jobs in northern tleman from California (Mr. DENHAM). House Report 112–405. California. Join me in protecting jobs Mr. THOMPSON of California. Mr. Mr. DENHAM. Mr. Chairman, it is from this politically driven bill that amazing the inconsistencies in the Chairman, I have an amendment at the prioritizes the agricultural economies desk. amendment itself. Here the gentlelady south of the delta over all others. is talking about San Jose, yet San Jose The Acting CHAIR. The Clerk will And I now yield 2 minutes to the gen- designate the amendment. is south of the area we’re talking tlewoman from California (Ms. ESHOO), about, and yet Silicon Valley receives The text of the amendment is as fol- my friend and colleague. lows: water exports from the delta. Ms. ESHOO. Mr. Chairman, I thank But let’s take a different inconsist- After section 2, insert the following: the gentleman, and I rise in support of ency. I represent Stanislaus County, SEC. 3. EFFECTIVE DATE CONDITIONS. the amendment. Why? Because it which is north of Stockton. Maybe we Notwithstanding sections 104, 105, 110, and states that if any fishery-related or ag- need to look at a map. We actually 111 and title III, nothing in this Act or the ricultural job is lost as a result of this amendments made by this Act shall take ef- have Stanislaus County that reaches act, the bill will not be enacted. And I up past Stockton, San Joaquin County, fect until the Secretary of the Interior, in think that really sets down where we consultation with the Secretary of Agri- the Sacramento area, and yet we’re culture, the Secretary of Commerce, and the are. going to be excluded. Secretary of Labor, certifies that the provi- We need jobs in this country and not So it’s one thing to pick winners and sions of this Act and the amendments made job-killing legislation. Now this legis- losers in this, but what we try to do is by this Act will not result in the loss of agri- lation would undo years of negotia- not pit north versus south. We’re try- culture, agriculture-related, fishery, or fish- tions reached by the State of Cali- ing to use natural resources in the best ery-related jobs or revenue in California fornia, local ranchers, farmers, and option available. counties north of the Sacramento-San Joa- other users of water from the San Joa- I find interesting another inconsist- quin River Delta. quin River. It would set up a new round ency: This amendment, does it include The Acting CHAIR. Pursuant to of water wars, which means more em- forestry, which resides under the juris- House Resolution 566, the gentleman ployment for lawyers but not much for diction of USDA? Are the authors not from California (Mr. THOMPSON) and a anyone else. concerned about the devastating ef- Member opposed each will control 5 My congressional district, which in- fects of the timber industry and how minutes. cludes Silicon Valley and the fishing it’s suffered due to the ESA issues as- The Chair recognizes the gentleman community of Half Moon Bay, is not in sociated with the spotted owl? from California. the delta, but my constituents oppose There are many inconsistencies here. Mr. THOMPSON of California. Mr. this legislation because their commu- Pick your battle. Chairman, I yield myself such time as nities, their livelihoods, their resources Mr. THOMPSON of California. Mr. I may consume. will also be negatively affected by this Chairman, I reserve the balance of my The Thompson-Eshoo amendment bill. time. states that nothing in this bill can go Now listen to what the Silicon Valley Mr. HASTINGS of Washington. Mr. into effect if the Secretary of the Inte- Leadership Group says, over 350 major Chairman, I am pleased to yield 2 min- rior determines that any agricultural, companies in Silicon Valley: utes to the gentleman from California

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2529

(Mr. NUNES), the author of the legisla- again, to politically move water from ceedings on the amendment offered by tion. one portion of the State to another. the gentleman from California will be Mr. NUNES. Mr. Chairman, the gen- It’s a job killer and it preempts State postponed. tleman from California (Mr. DENHAM) law. It’s a bad bill, it ought to be AMENDMENT NO. 3 OFFERED BY MCNERNEY just made a very important point. Sil- killed, and this amendment ought to be The Acting CHAIR. It is now in order icon Valley gets their water from added to it. to consider amendment No. 3 printed in Hetch Hetchy. San Francisco gets their I yield back the balance of my time. House Report 112–405. water from Hetch Hetchy. What’s Mr. HASTINGS of Washington. Mr. Mr. MCNERNEY. Mr. Chairman, I Hetch Hetchy? Hetch Hetchy was Chairman, I am pleased to yield the have an amendment at the desk. dammed up. It’s in Yosemite, and they balance of the time to a member of the The Acting CHAIR. The Clerk will pipe their water. So if they care about committee and somebody who has designate the amendment. the fish and the fishermen, tear down worked on this legislation, Mr. The text of the amendment is as fol- the dam, send their water out to the MCCLINTOCK. lows: delta. But they don’t want to do that. The Acting CHAIR. The gentleman After section 2, insert the following: Now I have a lot of my respect for my from California is recognized for 2 min- SEC. 3. EFFECTIVE DATE CONDITIONS. friend from northern California (Mr. utes. Notwithstanding sections 104, 105, 110, and THOMPSON). We’ve worked together on Mr. MCCLINTOCK. I thank the gen- 111, and title III, this Act and the amend- many issues. But I have to remind the tleman. ments made by this Act shall not take effect gentleman that the salmon fishermen Mr. Chairman, this amendment until the Secretary of the Interior, in con- were bailed out. They were given $230 would allow the Interior Secretary to sultation with other Federal agencies with relevant expertise, determines that this Act million in payments. suspend this bill if he finds that one job is lost north of the delta. Well, this is and the amendments made by this Act shall b 1550 not have a harmful effect on the quality or the same Interior Secretary who ap- safety of drinking water supplies for resi- I think there needs to be a GAO peared before the Natural Resources dents of the five Delta Counties (Contra study on where this money went to be- Committee in 2009. At the time, thou- Costa County, Sacramento County, San Joa- cause we don’t know where this money sands of farmworkers were thrown into quin County, Solano County, and Yolo Coun- went. There’s never been any report to unemployment by the water diversions. ty, California). show where this money went—$230 mil- Hundreds of thousands of acres of pro- The Acting CHAIR. Pursuant to lion. But it was the Federal Govern- ductive farmland were turned into a House Resolution 566, the gentleman ment that told the fishermen not to dust bowl. from California (Mr. MCNERNEY) and a fish. And I would hope that the gen- And in the midst of the crisis, he ad- Member opposed each will control 5 tleman would actually support this leg- mitted that as Interior Secretary, he minutes. islation because what we have here is had the authority to stop the diver- The Chair recognizes the gentleman the fish that are killing the salmon are sions and end the agony of the Central from California. the bass—the bass fish do that. So let’s Valley, but he chose not to do so be- Mr. MCNERNEY. Mr. Chairman, I let the fishermen go fish. And here’s cause, in his words, ‘‘It would be like yield myself as much time as I may the gruesome picture again. I know admitting defeat.’’ And this is the man consume. you don’t like to see it. Let’s go get that the gentleman from California Mr. Chairman, I’m honored to rep- the bass that are eating the smelt so would give the power—upon finding a resent much of the San Joaquin Delta, that then the salmon don’t have any- single lost job in northern California— and the delta is a precious, precious re- thing to eat. The bass is a nonnative to plunge our State into another gov- source that provides water for urban, species. So this bill allows fishermen to ernment-created dust bowl? I don’t industrial, and agricultural uses go back to work. think so. throughout the State of California. The I would hope that the gentleman The Northern California Water Asso- delta flows through five northern Cali- would support this bill because we need ciation represents the farms and com- fornia counties that are home to 4 mil- to get the fishermen back to work. I munities of northern California and lion people. The delta region is home to agree. We don’t want to spend $230 mil- they write of this bill: big cities, small towns, and lush farm- lion after the Federal Government tells The bill, if enacted, would provide an un- lands. Just like other Californians, the the fishermen, no, you can’t fish, and precedented Federal statutory express rec- people of the delta deserve access to then pays them not to fish. That is in- ognition of and commitment to California’s clean, safe drinking water. I’m deeply sanity. State water rights priority system and area concerned that, as currently written, Mr. THOMPSON of California. Mr. of origin protections. This is important for H.R. 1837 will severely erode the qual- the region to provide sustainable water sup- Chairman, just a couple of comments ply for productive farmlands, wildlife refuges ity of our local water resources. on some of the previous speaker’s re- and managed wetlands, cities and rural com- This issue is important to public marks. I’m glad to add forestry in one munities, recreation and meandering rivers health and to local governments of the areas if there’s any jobs lost that that support important fisheries. throughout northern California. This the bill won’t go into effect if that So speaks northern California. bill takes more of our freshwater, and would garner my friend’s support of Mr. Chairman, fewer Americans are what’s left will be saltier and lower this amendment. And as he mentioned, working today than on the day that quality. Deterioration of delta water he said it himself: it creates winners this administration took office. We increases treatment costs by tens of and losers. That’s not what we’re will not put in the hands of that ad- millions of dollars and requires hun- about. We’re about creating jobs, not ministration the power to destroy still dreds of millions of dollars in new cap- moving jobs from one area to another. more jobs, which this amendment cyni- ital investments. This bill will hurt the My friend from California mentioned cally seeks to do. people. that there was no salmon fishing and it The Acting CHAIR. The question is Unfortunately, many communities in caused these problems. Well, there’s no on the amendment offered by the gen- the delta region are struggling with salmon fishing because the last politi- tleman from California (Mr. THOMP- budget and public health challenges as cally motivated water policy killed SON). it is. The last thing we need is for the 80,000 spawning salmon. It shut down The question was taken; and the Act- Congress to pass a bill that threatens the season—it shut it down. It cost peo- ing Chair announced that the noes ap- our well-being and forces us to spend ple their boats, and it cost people their peared to have it. millions more to just treat our water. jobs. Motels, gas stations, bait shops, Mr. THOMPSON of California. Mr. It’s bad enough to steal somebody’s grocery stores—everybody was hurt Chairman, I demand a recorded vote. water; it’s even worse to steal their tremendously by that matter, and now The Acting CHAIR. Pursuant to water and then charge them millions of we’re back at it again trying, once clause 6 of rule XVIII, further pro- dollars for the privilege.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2530 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 This legislation we are considering draw his amendment so that we don’t This bill has far-reaching effects. It today should not pass. It will harm the have to take a vote on this because I has far, far-reaching effects in wiping safety of drinking water supplies for would hate for the gentleman to vote out the Central Valley Improvement delta communities. My amendment on an amendment that would basically Act. It also wipes out the environ- makes sure that, before this bill comes ensure that he would be supporting mental laws, wipes out the water for into effect, it won’t burden the delta Jerry Brown and the Democratic ad- the Central Valley National Cemetery, with heavy costs and new public health ministration that want to take his it wipes out the water for Tuolumne threats. I ask all of my colleagues to water away from him that he so cher- County. What effect it has on the pe- support my amendment, which will se- ishes. ripheral canal, I just can’t understand cure the safety and security of our Mr. Chairman, I would just say that other than it will destroy whatever drinking water. we need to slow down. I would hope comity and working together there is Mr. HASTINGS of Washington. Mr. that the other side would take a look in California to solve the overarching Chairman, I rise in opposition to the at this bill and read the bill. Once they problems. amendment. do, they will figure out that all the By the way, you are stealing 800,000 The Acting CHAIR (Mr. WESTMORE- stakeholders were together in 1994 acre-feet from the delta in this bill. LAND). The gentleman is recognized for when everyone sat down to make this That’s water that the delta community 5 minutes. agreement. That’s what this goes back needs. That’s water that the delta com- Mr. HASTINGS of Washington. I to. munity needs for its citizens, for water yield 4 minutes to the gentleman from Mr. MCNERNEY. Mr. Chairman, I quality, and for agriculture. California (Mr. NUNES). certainly appreciate the passion of my Mr. HASTINGS of Washington. Mr. Mr. NUNES. Mr. Chairman, once colleague from California; but if this Chairman, how much time remains on again, I don’t believe the other side has bill is beneficial to the delta, then why both sides? read the bill. This bill provides for the does every delta county oppose the The Acting CHAIR. The gentleman ultimate protections for delta commu- bill? They made it very clear to me from Washington has 2 minutes re- nities—ultimate protections that guar- their concern: to protect the drinking maining. The gentleman from Califor- antee their God-given right to their water. The quality of the drinking nia’s time has expired. property and to their water. That’s water is something that everyone can Mr. HASTINGS of Washington. With what this bill does. So if you vote understand. that, Mr. Chairman, I yield the balance against this bill, you’re voting to con- It seems to me what is happening is of my time to the gentleman from Cali- tinue the attack on farmers all over that the other side is saying we have fornia (Mr. NUNES). the State and communities all over the the money, we have the votes, let’s go Mr. NUNES. Mr. Chairman, this de- State. So, if delta farmers want to con- get the water. Might makes right. We bate is really incredible. tinue to take water out of the delta know in this country that might There is nothing about veteran ceme- like they’ve been doing for 100 years— doesn’t make right. We have laws that teries in this bill. I can understand why they have always had their alloca- have been observed. We’re working the minority would want to talk about tion—this bill guarantees that. through processes now. To shortcut veterans, because we love our veterans Now, I’ve been to the delta numerous that process right now and start ship- in this country and we do everything to times, and I’ve spoken to the commu- ping all this water will devastate our support them. But it is a stretch to say nities there. Their number one concern community, and we’re going to do ev- that a bill dealing with property rights is that they do not want the peripheral erything we can to prevent it. somehow involves veteran cemeteries. canal to be built. Well, if you vote I yield 2 minutes to my colleague Since we’re talking about veterans, I against this bill, you are voting to en- from California (Mr. GARAMENDI). will say when we send our veterans sure that Jerry Brown, the Governor of Mr. GARAMENDI. Sometimes on this overseas, our men and women in the California who opposes this bill, gets floor you just shake your head and military to protect this country, we his wish to build the peripheral canal wonder if you may have fallen down have a right to protect people’s private that the delta farmers don’t want. So if the rabbit hole and ‘‘Alice in Wonder- property. That’s what this bill does. the gentleman wants the peripheral land’’ is really real, where up is down I know my other friends on the other canal built, vote against the bill. If the and down is up, and left is right and side of the aisle who have continued to gentleman wants to make sure that his right is left, and this confusion abound- make this argument, they suddenly farmers are not guaranteed their right ing. care about State preemption. They for water, vote against the bill. I just heard the most amazing argu- didn’t care about State preemption in But I find it ironic that the minority ment I could possibly have imagined, 1986, 1992, when they sat down in 1994, is arguing for the delta farmers and the that somehow this bill will stop the pe- when they did their boondoggle in 2009. delta communities, but at the very ripheral canal. I think not. Perhaps it They didn’t care about State preemp- basic level the people who are behind will because it will totally destroy any tion then. Boy, today, when we talk this, the Governor of California, was opportunity that there may be for Cali- about guaranteeing people their right just here the other day advocating to fornia to come together around a com- to their private property, they sud- build the peripheral canal that the gen- prehensive solution to its water situa- denly are the defenders of the Constitu- tleman says his constituents don’t tion. tion. This is really stretching it. want. Well, my constituents don’t want It just makes me wonder what in the I know that the gentleman who was it either. Neither do the people in the world is going on here, particularly my the under secretary at the time who north. None of us wants to build a colleague from California who wants to made the deal in 1994, that was bragged multibillion dollar project like this. represent this county of Tuolumne who about by not only the former chairman And we don’t have to because passage may want to read his own bill where he of the Natural Resources Committee at of this bill allows valuable water to be wipes out all of the contracting provi- the time, bragged about the Bay-Delta moved across the delta in a more equi- sions in the Central Valley Improve- Accord of 1994, not only the Under Sec- table fashion to guarantee waterfowl ment Act in which the Tuolumne Coun- retary of the Interior and the Sec- and fish populations would increase, ty Regional Water Agency is given the retary of the Interior himself and and guarantees rights to farmers and right to water out of the New Melones President Bill Clinton. They all sup- farmworkers and communities. Reservoir. That is gone. ported the ’94 agreement. All this talk By the way, if you happen to care about comprehensive reform and get- b 1600 about veterans who might somehow be ting people to the table, we’ve done That’s what this bill does. I would placed in the San Joaquin Valley Na- that before. What that results in is the hope that folks in this body and the tional Cemetery, their 850 acre-feet of illegal taking of people’s personal prop- gentleman himself would maybe with- water is also wiped out. erty.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2531 The Acting CHAIR. The question is need salt water for their harvest. That Mr. NUNES. Mr. Chairman, once on the amendment offered by the gen- is why I’m offering a simple amend- again, I will say that delta commu- tleman from California (Mr. MCNER- ment to make sure that the most nities are protected in this bill. NEY). harmful provisions of this bill do not They’re concerned about water qual- The question was taken; and the Act- come into effect until the Secretary of ity. This bill allows water to move ing Chair announced that the noes ap- the Interior certifies that they will not through the delta. peared to have it. harm the water quality or water avail- They’re concerned about maintaining Mr. MCNERNEY. Mr. Chairman, I de- ability for delta farmers. their ability to divert water. This bill mand a recorded vote. Proponents of H.R. 1837 claim their allows them to do that. It ensures their The Acting CHAIR. Pursuant to bill is pro-farmer, but the truth is far private property rights and their rights clause 6 of rule XVIII, further pro- different. The bill steals water from to their water. ceedings on the amendment offered by one part of California to give it to an- The delta farmers want to make sure the gentleman from California will be other. If the authors of H.R. 1837 sup- that they get conveyance through the postponed. port farmers throughout the entire delta so they can get their water. This bill does that. AMENDMENT NO. 4 OFFERED BY MR. MCNERNEY State of California, then they should And, as Mr. DENHAM pointed out, the The Acting CHAIR. It is now in order support my amendment. communities on the west side of San to consider amendment No. 4 printed in Mr. Chairman, I reserve the balance of my time. Joaquin County, I guess, perhaps they House Report 112–405. don’t matter to the minority because, Mr. MCNERNEY. Mr. Chairman, I Mr. HASTINGS of Washington. Mr. Chairman, I rise to claim time in oppo- evidently, by supporting this and op- have an amendment at the desk. posing this bill, you’re basically guar- The Acting CHAIR. The Clerk will sition. anteeing that the City of Tracy and designate the amendment. The Acting CHAIR. The gentleman is those districts, those water districts The text of the amendment is as fol- recognized for 5 minutes. where those jobs are created, are going lows: Mr. HASTINGS of Washington. I am pleased to yield 1 minute to the gen- to be cut off of their water this year. After section 2, insert the following: tleman from California (Mr. DENHAM). This bill fixes that. SEC. 3. EFFECTIVE DATE CONDITIONS. And, once again, I will say that if the Notwithstanding sections 104, 105, 110, and b 1610 delta communities are worried about 111, and title III, this Act and the amend- Mr. DENHAM. Mr. Chairman, you this peripheral canal, this is why the ments made by this Act shall not take effect until the Secretary of the Interior, in con- know, the last couple of amendments delta communities should be sup- sultation with the Secretary of Agriculture, we’ve talked about the inconsistencies porting this bill. But we don’t hear determines that carrying out this Act and on how they affect other counties in anything about that. We hear about the amendments made by this Act shall not the community. Certainly my county Jerry Brown, the Governor of Cali- have a harmful effect on water quality or and Stanislaus County has been ex- fornia, opposing the bill and the attor- water availability for agricultural producers cluded, even though it certainly has ney general of California opposing the in the five Delta Counties (Contra Costa impact in this area. bill. County, Sacramento County, San Joaquin But even San Joaquin County, this Why are they opposing the bill? Well, County, Solano County, and Yolo County, amendment contradicts itself, because because they were just back in Wash- California). West Side ag districts in San Joaquin ington 2 days ago lobbying for the con- The Acting CHAIR. Pursuant to County, West Side Irrigation District, struction of the peripheral canal. House Resolution 566, the gentleman Byron Bethany Irrigation District, Del Now, perhaps the delta communities from California (Mr. MCNERNEY) and a Puerto Irrigation District, their water want the peripheral canal. Maybe Member opposed each will control 5 is going to be shut off in prior years. that’s a change. I don’t know. I haven’t minutes. Their water will be shut off this year been up there in the last few months. The Chair recognizes the gentleman with a 30 percent water allocation. But last I heard, the delta communities from California. The City of Tracy is important. They do not want the peripheral canal to be Mr. MCNERNEY. Mr. Chairman, I should have their water. Thirty per- built. yield myself as much time as I may cent water allocation is unacceptable. So, Mr. Chairman, I would urge the consume. So the inconsistencies around the val- gentleman to drop his amendment and Someone needs to speak up for the ley are certainly interesting as these to vote in favor of this bill. delta communities. different amendments come up. Mr. MCNERNEY. Mr. Chairman, I rise to offer a second amendment to But why even divide a community right now the delta is in a serious de- H.R. 1837, and I urge my colleagues to that relies on the water that comes out cline. We’re shipping more water south consider this amendment. of this allocation? than is good for the health of the delta. As my colleagues now know, I’m very Mr. MCNERNEY. Mr. Chairman, I What this bill does is increases water honored to represent the people of the thank my colleague for his remarks. shipments. So I don’t see how we can San Joaquin Delta. The delta is a pre- Drought affects everyone. put protection for the delta in a bill, in cious resource that provides tremen- My big concern here is protecting the a provision, that increases shipments dous economic benefits to my entire water quality of the delta. Right now when we’re already seeing decline in State. Preserving the delta should be a we see saltwater coming into the delta. the delta. priority to all Californians. We see farmers pumping water and Again, as I said before, the other side Agriculture is the backbone of the having salt in it, not able to use it, sees they have the votes and they want delta region, generating nearly $800 needing additional treatments. to go take this water, and that’s what million in 2009 and sustaining thou- All I’m asking is that the Secretary this is about. It’s about taking water. sands of jobs. Supporting delta farming look at the bill and prevent parts of And our communities, the delta com- is essential to the economic sustain- the bill that will deteriorate water munities have rights to the water. ability of the delta region. I’m deeply quality from going into effect until We’ve been there for a long time. We’ve upset that as currently written, H.R. we’re sure that it’s safe. We’re not ask- been farming this lush farmland. Our 1837 will ship vastly more water out of ing for anything other than that. farms are very productive. the delta, even though the current With that, I reserve the balance of What this will do is turn it into a shipments are already threatening the my time. salt, stagnant pool, and that will de- water quality for local farmers. Mr. HASTINGS of Washington. Mr. stroy a lot of agriculture, more agri- Simply put, this bill will steal water Chairman, I am pleased to yield 2 min- culture than would be created in other from northern California and devastate utes to the gentleman from California areas. It’ll destroy a lot of jobs. I don’t water quality for our delta farmers. (Mr. NUNES), the author of this legisla- see how people could support this sort Farmers need fresh water. They don’t tion. of a provision.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2532 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 Mr. Chairman, how much time do I But also they don’t like the dirty lit- that are not replacing riparian water have left? tle secret—Yosemite. This was dammed rights. Those contracts all have short- The Acting CHAIR. The gentleman up. Hetch Hetchy was dammed up. age provisions, so that when we have a has 11⁄2 minutes remaining. Here’s the water that sits in Hetch drought—and we certainly have been in Mr. MCNERNEY. I reserve the bal- Hetchy today. It was one of John that situation in California today, and ance of my time. Muir’s favorite places on Earth, and we were back in 2008 and 2007—there Mr. HASTINGS of Washington. Mr. this Congress dammed it up. are specific requirements in the con- Chairman, we only have one other But you don’t see—in all this water tracts to reduce the amount of water. speaker, and we have the right to close, that’s here, this water would go out to So all of this poppycock that we’ve so I’ll reserve my time. the delta. So perhaps we could have a been hearing around here today about Mr. MCNERNEY. Well, as we’ve heard unanimous consent agreement to tear 100 percent, it’s just not the way it has both sides, this is a complicated issue. this down today. Let’s dump all this ever been and never will be unless the We don’t want farmers in any part of water that goes to San Francisco and contract provisions remain, or if this the valley to be hurt, but the delta has Silicon Valley, let’s take all this water bill become law, and that’s where my a long history of providing excellent that would go to the delta, let’s dump amendment comes in. It simply re- farm products, $800 million a year of it down there. Let’s save the fish. moves from this bill the contract pro- agricultural output. This is at risk. Let’s go. Unanimous consent agree- visions in the bill and goes back to the This is what’s at risk. ment. Will anybody agree to it? original law. My community is crying out to me. The Acting CHAIR. The question is Now, the original law, which is the San Joaquin County is solidly behind on the amendment offered by the gen- CVPIA, which amended the earlier law, my amendment. They’re opposed to tleman from California (Mr. MCNER- has many, many provisions, and in fact this bill. And I ask my colleagues to NEY). it does provide up to 850 acre-feet of stand up and consider what this bill The question was taken; and the Act- water for the national cemetery in the means for the rest of the country. If we ing Chair announced that the noes ap- San Joaquin Valley. That, by the way, adopt this, it sets a nasty precedent. peared to have it. is wiped out, and also wiped out by the I yield back the balance of my time. Mr. MCNERNEY. Mr. Chairman, I de- proposed bill before us is the water for Mr. HASTINGS of Washington. Mr. mand a recorded vote. the Tuolumne County regional water Chairman, I am pleased to yield the The Acting CHAIR. Pursuant to agencies. So if I represented those balance of the time again to the author clause 6 of rule XVIII, further pro- counties, I might be concerned about of this legislation, the gentleman from ceedings on the amendment offered by what was happening here. California (Mr. NUNES). the gentleman from California will be Understand that many other provi- Mr. NUNES. Mr. Chairman, once postponed. sions of this law are important. We did again I want to talk about the water b 1620 exports. not know back in 1990–1992 what was You saw this earlier. Here are the AMENDMENT NO. 5 OFFERED BY MR. GARAMENDI going to happen with water. The State water exports, Mr. Chairman, right The Acting CHAIR. It is now in order was in the process of adjudicating the here at the bottom. The green line rep- to consider amendment No. 5 printed in water rights, the Water Resources Con- resents the inflows to the delta. You House Report 112–405. trol Board, and so the law took into ac- can see that most of the water, in fact, Mr. GARAMENDI. Mr. Chairman, I count their decision. 76 percent of the water that enters the have an amendment at the desk. Now, what’s happening here in this delta ends up out in the ocean. Sev- The Acting CHAIR. The Clerk will bill is the removal of the power of the enty-six percent of the water ends up designate the amendment. State to allocate its water, to look at out in the ocean. The text of the amendment is as fol- the water resources and to make some What this bill does, this allows the lows: sense out of what is happening with folks in the delta their rights to their Strike section 103. water. Apparently, we’re not going to water. So if you vote against this bill, The Acting CHAIR. Pursuant to care about that anymore, and we’re you’re voting to take those people’s House Resolution 566, the gentleman simply going to bring to the Federal water away and their right to their from California (Mr. GARAMENDI) and a Government the power to appropriate water away. Member opposed each will control 5 water in California. That’s precisely So if the gentleman’s concerned minutes. what happens here. about water quality, then he should The Chair recognizes the gentleman Now, there was an improvement. I’ll support the bill, because this bill al- from California. grant the chairman of the sub- lows the water to move more freely Mr. GARAMENDI. Mr. Chairman, committee credit for eliminating the throughout the delta because it gets I’ve heard some of the most amazing perpetual nature of the contracts that rid of the problems that we have things in the last 20 minutes that I’m were in the original bill that was throughout the delta and the rigidness absolutely sometimes unable to even brought to the floor. Good as far as it that was created when this Congress, in respond to them. goes. But all of the other requirements 1992, basically attempted to put farm- First of all, let’s get a couple of that are in the CVPI that are wise re- ers out of business and farmworkers in things straight before I go to the quirements about how the water is to food lines. That’s what this debate’s amendment. be allocated from north to south, from about. The water that is delivered by the the environment to the farmers, and And I would suggest, if the gen- Central Valley Project either under the among the farmers, are all removed. tleman—we could have a unanimous CVPIA or under the original law is And the power of the State to allocate consent agreement right now for an water that is under contract. It is not that water using the Water Resources amendment, if the chairman of the a property right. It is water that is Control Board, which has been the tra- committee would allow me. granted by reason of a contract be- ditional method, is also removed. Giv- The City of San Francisco and Santa tween the Federal Government and the ing rise to this point that this bill Clara and all over the bay area, many individual water districts that take overrides State law. And if you are any of the folks from the other side of the that water. It is not a property right. other State that has a reclamation aisle who oppose this bill, why do they Now, certainly the farmers own their project in it, beware. Beware what is oppose it other than they want to con- property, and that is a property right. happening here in the House of Rep- struct the peripheral canal? They want But the water is not. And by the way, resentatives this day. You, too, could to ensure construction of the periph- that water—on every one of those con- be at risk of some interest group in or eral canal like their Governor, Jerry tracts, there is a shortage on most of out of your State seizing your water. Brown, wants to do. those contracts, particularly the ones I reserve the balance of my time.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2533

Mr. MCCLINTOCK. Mr. Chairman, I lation and need in California and al- they were not sure if they were going rise to claim time in opposition to the lowing the State to determine what to have a water supply. That’s what amendment. might be done for the need of that this bill tries to fix. That’s why we The Acting CHAIR. The gentleman water—I would refer the gentleman, if should vote ‘‘no’’ on this amendment from California is recognized for 5 min- he cares to take a look, at section 3404, because I believe our Founding Fathers utes. limitation on contracts and con- and previous Members of Congress who Mr. MCCLINTOCK. Perhaps my tracting reforms. This is what you’ve came before us knew at the time that friend from California was not listen- wiped out in your bill. It specifically a 40-year agreement would be enough ing when I presented the manager’s provides that the California State for farmers and people trying to borrow amendment which addresses this very Water Resources Control Board, in con- money to go and borrow that money so subject. cluding their review of the California they could put their families to work As I pointed out to him—apparently Court of Appeals—in other words, you and provide for their families. he has a short memory—he had ob- have wiped out in your bill the ability So that’s why we should vote ‘‘no’’ jected to the successive renewal provi- of the State of California through the against this agreement, when we had sion that he claimed was in the bill but Water Resources Control Board to allo- the author down here berating produc- very specifically said he felt he could cate the water, to take into account tion agriculture. probably live with 40 years on the court decisions. The bill overturns 150 b 1630 amount of time for these contracts. As years of California water law and wipes We know what the intent was of 1992, I’ve tried to point out to him repeat- it out. and we’ve seen the chaos that has been edly, the measure, and explicitly as In fact, the CVPI took very specific created since 1992, and that’s what we amended, does restore the contracting account of California law and wrote it fix in this bill. provisions used throughout the West- into the Federal law. The Acting CHAIR. The gentleman ern United States for contracts involv- What’s wrong with that? Nothing from California (Mr. MCCLINTOCK) has ing CVP water. that I could think about, because Cali- 30 seconds remaining. The gentleman says that his amend- fornia is unique in so many, many Mr. MCCLINTOCK. First, I want to ment puts the contract provisions back ways, and the CVPIA allowed that to correct one thing. I said that 40 years to the original law. No, his amendment happen. is common throughout the western does not do that. This bill puts the con- Now, if I might just take a few sec- United States. I do need to point out tract provisions back to the original onds and clarify a few things. again that the Hoover Dam was actu- law. That’s the reclamation law of 1939 Yes, indeed, you were talking about ally given a 50-year contract. as amended July 2, 1956, the very provi- the Deputy Secretary of the Depart- The amendment fully addresses the sions that are restored in this bill. ment of Interior. That’s me. I did con- concerns that were expressed by the What his measure does is to continue duct those negotiations. gentleman over the successive renewal to single out the Central Valley The Acting CHAIR. The time of the provisions in the contracts. I think Project uniquely among all the rec- gentleman has expired. we’ve made it very clear that the con- lamation projects across America as Mr. MCCLINTOCK. Mr. Chairman, I ditions of the contracts have to be the one project that can only get 25- yield 1 minute to my colleague, the au- agreed to by both parties. The gen- year financing. The problem, of course, thor of the legislation, Mr. NUNES of tleman, himself, in markup said he with that is that these contracts re- California. could live with 40 years. He has obvi- quire a degree of certainty over the Mr. NUNES. Mr. Chairman, I appre- ously reconsidered. This measure sim- long-term costs. That’s why the 40-year ciate the gentleman admitting that he ply sets right a wrong that was done in contracts are in place with every other was the Under Secretary at the time, 1992, and it treats the CVP as every project of the Bureau of Reclamation and he failed to implement the agree- other reclamation project. in the United States, just as was the ment that everyone came together and With that, I yield back the balance of fact for the Central Valley Project agreed upon. my time. until it was amended by Congress in Now, earlier, we had the gentleman The Acting CHAIR. The question is 1992. from California, who was the author of on the amendment offered by the gen- The gentleman says this overrides the 1992 act, who came down to the tleman from California (Mr. State law. The CVPIA overrode State floor, berated farmers, berated produc- GARAMENDI). law, and the gentleman was very sup- tion agriculture, and admitted that it The question was taken; and the Act- portive of that at the time. He obvi- was his goal to get rid of production ing Chair announced that the noes ap- ously has concerns over long-term agriculture. peared to have it. memory loss as well. So why did they, at the time, change Mr. GARAMENDI. Mr. Chairman, I I would simply point out that this from 40-year contracts to 25-year con- demand a recorded vote. measure simply says that the CVP con- tracts? Folks, I think this is something The Acting CHAIR. Pursuant to tracts will be treated on the same basis that the American people will under- clause 6 of rule XVIII, further pro- as every other contract in America. stand. The American people right now ceedings on the amendment offered by I reserve the balance of my time. from other States may not understand the gentleman from California will be Mr. GARAMENDI. Mr. Chairman, a whole lot about what we’re talking postponed. may I inquire as to the time remain- about, but they will understand this, AMENDMENT NO. 6 OFFERED BY MRS. ing? and farmers across America will under- NAPOLITANO The Acting CHAIR. The gentleman stand this: that when farmers borrow The Acting CHAIR. It is now in order has 11⁄2 minutes remaining. money on their land, many times they to consider amendment No. 6 printed in Mr. GARAMENDI. Well, first of all, if have to do it under 30-year agreements House Report 112–405. the gentleman would listen carefully, I with the bank. Mrs. NAPOLITANO. Mr. Chairman, I was always referring not to the1956 law So I have to ask myself, why in 1992 have an amendment at the desk. The Acting CHAIR. The Clerk will but rather to the CVPIA, the 1992 law. did they move this from 20 to 25 years? Indeed, the 1992 law did change for the The Acting CHAIR. The time of the designate the amendment. The text of the amendment is as fol- better, recognizing the unique situa- gentleman has expired. lows: tion in California where we had both a Mr. MCCLINTOCK. I yield the gen- State and a Federal water project oper- tleman an additional minute. Page 4, line 15, after the period insert the following: ‘‘Charges for all delivered water ating and many other appropriators op- Mr. NUNES. Why did they move in shall include interest, as determined by the erating on the rivers in California. 1992 to 25 years? Conveniently that Secretary of the Treasury, on the basis of av- Taking that into account, and taking made it very hard for farmers to get erage market yields on outstanding market- into account the rapidly growing popu- loans on their land, especially when able obligations of the United States with

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2534 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 the remaining periods of maturity com- The Acting CHAIR. The gentleman agricultural sales for 2009 were the parable to the applicable reimbursement pe- from California is recognized for 5 min- third highest recorded; 2007, 2008 and riod of the project, adjusted to the nearest 1⁄8 utes. 2009 were the years of the drought, and of 1 percent on the underpaid balance of the Mr. MCCLINTOCK. I yield 2 minutes allocable project cost.’’. the three highest years of agricultural to the gentleman from California (Mr. sales coincided with the three consecu- The Acting CHAIR. Pursuant to NUNES). tive years of drought. House Resolution 566, the gentlewoman Mr. NUNES. Mr. Chairman, once With that, I yield 11⁄2 minutes to the from California (Mrs. NAPOLITANO) and again, I want to bring up this issue gentleman from California (Mr. a Member opposed each will control 5 that the minority continues to ignore. GARAMENDI). minutes. They don’t want to talk about this, and The Chair recognizes the gentle- Mr. GARAMENDI. We are going I don’t understand why. They care woman from California. around and around here. At the end of Mrs. NAPOLITANO. Mr. Chairman, I about this freshwater. They also care the day, I think we need to step back yield myself such time as I may con- about the environment, but they from the heat of the debate and realize sume. dammed up Yosemite. They have the exactly what’s happening here. This is a simple amendment. It cre- water here, and they pipe it to their In this particular amendment is an ates a revenue stream through the communities. They completely go effort to try to make sure that the tax- elimination of debt without interest, in around the delta so that none of this payers of the United States are ade- other words, ending free subsidy on water ever makes it to the precious quately compensated for the money $400 million. It requires that any new fish that they care about. that they have loaned for the develop- water contracts or renewed contracts We have this beautiful environment ment of the Central Valley Project and must reflect the price of water with in- here, Mr. Chairman, that was de- for the money that they have loaned terest and repay the debt of the stroyed by the Congress; but we don’t for the specific elements within the project, with interest, to the Treasury. see any amendments to fix this trav- Central Valley Project. These are the It is a small, but very important, assist esty, do we? It’s interesting that the specific authorized sub-portions of the to continue to try to balance our Fed- gentlelady from California wants to Central Valley Project. For example, eral budget. We are always looking for raise water rates. Do you know who with the San Luis Unit, the taxpayers ways to find these little—I call them pays the cheapest water rates in Cali- loaned a vast amount of money. ‘‘pockets of money’’ to be able to help fornia or electricity rates and fees on When you look at the details in this out. that? Hetch Hetchy, the power genera- bill, you will find that there is a very Reclamation established in 1902 was tion at Hetch Hetchy. artful way of avoiding the full cost of meant to deliver water to farms with a So perhaps we should have an amend- repayment through early repayments. maximum of 160 acres, and it was pro- ment that would be offered that would The way in which the bill is written, vided interest free on the cost of that make Hetch Hetchy pay today’s fees, the water districts are able to pay off project. That was in 1902. Times have fees that all of the other folks in Cali- their loans without having to pay off changed. Subsequent reclamation re- fornia are having to pay. If we want to the interest, and then going forward, form acts have changed the acreage do that, then everyone would be on a they’re not having to share in the on- limitation along with the repayment level playing field. But no. Instead, going cost of maintenance of the major contracts for these projects. Congres- this is an attack, once again, as usual, reservoirs and water facilities. on farm workers and farmers. sional action has also made the repay- b 1640 ment of project debt interest free—I re- I want to remind my colleagues that peat, debt interest free—on $400 million this bill saves $300 million, $300 mil- In other words, they are simply for irrigators while municipalities, like lion, this bill saves. So if the rate- charged with the cost of the water, not my constituency and power users, pay payers in San Francisco, in Santa for the ongoing operational repair and all of the required appropriate interest. Clara, in Silicon Valley, and all over other costs. It’s very interesting, very I wish our water users in southern Cali- the Bay Area want to have their pre- artfully done and, once again, provides fornia were as lucky. cious water, well, they ought to pay an enormous subsidy to those who have H.R. 1837 removes the role of the Fed- the same fees, too. had a very good subsidy for many eral Government in protecting the en- I would suggest, and I would hope, years. It’s not right. It ought not vironment and public good. If we are that we come back at some other time occur. removing the role of the Federal Gov- and deal with the issue and with the The amendment before us simply ernment in protecting the environment unfairness of people who don’t have says that, if you’re going to get a loan, and public good, as we plan to do, we any water in San Francisco who are so you are going to have to pay interest. should also remove the Federal subsidy hell-bent on taking people’s water The Acting CHAIR. The time of the associated with renewed or new water away. gentleman has expired. contracts. My constituency and any- Mrs. NAPOLITANO. Mr. Chairman, Mrs. NAPOLITANO. Mr. Chairman, body else’s must be treated fairly and may I inquire as to how much time re- may I inquire as to how much time re- must be required to pay equally any mains. mains? additional interest on any future water The Acting CHAIR. The gentlewoman The Acting CHAIR. The gentlewoman contract and project. has 21⁄2 minutes remaining. from California has 30 seconds remain- Southern California foresaw the need Mrs. NAPOLITANO. It is my under- ing. for infrastructure, so local entities standing, then, that my colleagues on Mrs. NAPOLITANO. I yield that time stepped up to the plate. They paid for the other side are arguing to keep a to the gentleman from California. and constructed new storage facilities, subsidy. That’s news to us. Mr. GARAMENDI. You will hear this like a dam, the Diamond Valley Res- Just as an aside, according to the from the other side as they close, Oh, ervoir. It was entirely paid for by our California Department of Food and Ag- but you are going to be able to get local folks without one cent of Federal riculture, California agriculture expe- some $300 million. Yes, that money will moneys—no tax cuts, no free interest rienced a 9 percent drop in the sales flow more quickly into the treasury to at taxpayer expense. value of its products in 2009, which was be sure because it allows the water dis- Eliminating this unfair subsidy will at the height of the drought. The tricts, as a result of the way in which help to cut our deficit. So I urge all of State’s 81,500 farms and ranches re- this bill is written, to achieve an enor- my colleagues to vote ‘‘yes’’ on this ceived $34.8 billion for their output, mous advantage. They will be able to amendment. down from an all-time high of $38.4 bil- get water into the future without hav- I reserve the balance of my time. lion, which was reached in 2008. ing to pay the full cost of that water. Mr. MCCLINTOCK. Mr. Chairman, I Despite the water supply shortages So when you look at it from the total rise in opposition to the amendment. and regulatory restrictions, the State’s accounting procedures, you wind up

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2535 with an additional subsidy going to prices through the roof, but this pro- water will have a profound and nega- these water districts. It’s not right, posal is quite bold. This proposal does tive effect. and it’s not fair to the taxpayers. so directly and dramatically. That’s It’s water that is there to be used Mr. MCCLINTOCK. Mr. Chairman, I why several of her colleagues on the certain times of the year to carry out yield 30 seconds to my good friend from Democratic side abandoned her in com- the necessary protection of species, California (Mr. NUNES). mittee and why they would be well ad- water that would flow down the river Mr. NUNES. Mr. Chairman, I will be vised to do so again on the floor. when the salmon want to migrate up very quick. With that, I yield back the balance of the river, water that would be there for The gentlelady from California is the my time. the smelt when they are breeding or biggest offender of the ultimate sub- The Acting CHAIR. The question is when they are moving into their breed- sidy of all. Those are those mystery lit- on the amendment offered by the gen- ing habitat. tle Title XVI grants from the Bureau of tlewoman from California (Mrs. It is one of the biggest water grabs, Reclamation. They don’t even charge NAPOLITANO). at least in the last half century, and it interest. They just give those away. The question was taken; and the Act- will have profound negative effects. That’s an outrageous subsidy that goes ing Chair announced that the noes ap- When taken with the other provisions to communities in southern California peared to have it. of the bill that wipe out entirely, en- and in the bay area of $1,500 an acre- Mrs. NAPOLITANO. Mr. Chairman, I tirely wipe out the Environmental Pro- foot. demand a recorded vote. tection Act, the Endangered Species So, I guess we could offer an amend- The Acting CHAIR. Pursuant to Act, the EPA Clean Water Act, all of ment to strip out all Title XVI money. clause 6 of rule XVIII, further pro- those are gone in this bill, and now you I’d be willing to do that, too. Let’s ceedings on the amendment offered by are taking the water. strip out all the Title XVI money, all the gentlewoman from California will California protections for the envi- the subsidies that go to Los Angeles, be postponed. ronment, the California laws that rep- Hollywood, and San Francisco. Let’s AMENDMENT NO. 7 OFFERED BY MR. GARAMENDI licate the Federal laws, they too are strip out the Title XVI money. The Acting CHAIR. It is now in order pushed aside by this bill. Then you Is the gentlelady willing to strip out to consider amendment No. 7 printed in wind up taking the water on top of it. Title XVI money? House Report 112–405. What is left for the delta? What is The Acting CHAIR. The time of the Mr. GARAMENDI. Mr. Chairman, I left for the species in the delta, the gentleman has expired. have an amendment at the desk. fish, the aquatic? What is left for San Mr. MCCLINTOCK. Mr. Chairman, The Acting CHAIR. The Clerk will Francisco Bay? Not much. Not much. may I ask how much time remains? designate the amendment. That’s why this bill is the worst envi- The Acting CHAIR. The gentleman The text of the amendment is as fol- ronmental bill in many, many decades. from California has 21⁄2 minutes re- lows: Call it any other way you like, but maining, and the time of the gentle- Strike section 105. that’s exactly what it is. woman from California has expired. The Acting CHAIR. Pursuant to I reserve the balance of my time. Mr. MCCLINTOCK. Mr. Chairman, House Resolution 566, the gentleman Mr. MCCLINTOCK. Mr. Chairman, I this amendment was rejected on a bi- from California (Mr. GARAMENDI) and a rise in opposition to the amendment. partisan vote when the gentlelady in- Member opposed each will control 5 The Acting CHAIR. The gentleman troduced it in markup, and it deserves minutes. from California is recognized for 5 min- a similar fate on the House floor. I The Chair recognizes the gentleman utes. mean, let’s be clear about what this from California. Mr. MCCLINTOCK. Mr. Chairman, does. It singles out Central Valley Mr. GARAMENDI. Mr. Chairman, this amendment, more than any other, Project participants to pay a punitive once again we need to step back and focuses on the central issues sur- surtax that is imposed on no other Bu- really understand the full impact of rounding the bill. What comes first, reau of Reclamation project in the this particular piece of legislation that people or fish? United States. This surtax would be is before us. It has profound impact on In 1992, the Central Valley Project passed on to consumers through higher California. We heard earlier discussion Improvement Act carved out 800,000 prices. about the delta, two amendments put acre-feet to be dedicated to fish and The Central Valley Project was al- forth by my colleague, Mr. MCNERNEY, wildlife purposes temporarily. In fact, ready singled out for one punitive tax, and as he spoke to the issues of the during a Senate debate, the floor man- about $50 million annually, by Con- delta and the sensitivity of it. ager of the conference report, Senator gress in 1992 to fund an array of envi- The delta is the largest estuary on Malcolm Wallop, pointed out that that ronmental slush funds. Now, I believe the west coast of the Western Hemi- 800,000 acre-feet of CVP yield is up- that beneficiaries should pay the cost sphere, and it includes the San Fran- front water designed to deal with the of the water projects, but they should cisco Bay. It’s a very sensitive estuary. requirements of the Endangered Spe- pay only the cost of those projects and It’s dependent upon a flow of fresh- cies Act and delta requirements while no more. These are not cash cows for water at certain times of the year, and the various mitigation actions are un- the Federal Government to milk until this legislation very artfully, in a very dertaken. The various mitigation ac- they’re dry. complex series of languages and tions were to build more supply so that When the left speaks of corporate changes in law and word, takes 800,000 that 800,000 acres taken from the farm- farms, you know, they often leave out acre-feet away from the environment ers would then be returned to them. the fact that virtually every family of the delta, that would be the aquatic That 800,000 acre-feet came out of al- farm is incorporated, and that’s who environment, and delivers it to the locations of the Central Valley Project, we would be singling out for what water contractors, the south-of-delta were agreed to by all sides that were amounts to a special tax. That tax can water contractors. It’s done in a way incorporated in the Bay-Delta Accord, be paid in one of two ways: by employ- that it is hard to recognize; but when I which this bill restores. But somewhere ees through lower wages or by con- asked the chairman of the committee along the line, the Federal Government sumers through higher prices. what the purpose was, he stated un- began treating this allotment as a floor I have a modest suggestion for the equivocally that it was to take the rather than as a ceiling. gentlelady. Perhaps we should start 800,000 acre-feet of water. Back in the mid-1990s, a zealous offi- putting people back to work rather The impact of that will be profound. cial in the Interior Department, under than running them out of business. So whatever you may say about the Bill Clinton, ordered that more than 1 I have often criticized her colleagues species in the delta, the salmon, the million acre-feet of water appropriated for policies that have created the con- striped bass, the smelt or any other by the Central Valley Project be used ditions that indirectly send water species, this theft of 800,000 acre-feet of for purposes not authorized under

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2536 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 water rights permits issued by the reality is that in the Central Valley ceedings on the amendment offered by State of California. Improvement Act, 800,000 acre feet of the gentleman from California will be b 1650 water was dedicated to the environ- postponed. ment, and it was not temporary; it was AMENDMENT NO. 8 OFFERED BY MR. MARKEY That preempted State water rights part of what was to be done into the fu- laws, I might add, and I believe the The Acting CHAIR. It is now in order ture. And the negotiations that ensued to consider amendment No. 8 printed in gentleman from California knows him. following the accord in 1994, those ne- In fact, I believe the gentleman from House Report 112–405. gotiations were specifically designed to Mr. MARKEY. Mr. Chairman, I rise California is him. reach an accommodation on how to This bill reestablishes the 800,000 acre to offer an amendment along with Ms. meet all of the requirements of the foot allotment agreed to by all sides MATSUI and Mr. THOMPSON. Central Valley Improvement Act, in- when Interior Secretary Bruce Babbitt The Acting CHAIR. The Clerk will cluding what to do with the 800,000 acre promised ‘‘a deal is a deal.’’ This provi- designate the amendment. feet. sion redeems the promise that was bro- The text of the amendment is as fol- I would point out to the opponents of ken by Mr. Babbitt’s deputy, and this lows: this amendment that the accord, the is the provision that the gentleman Amend subsection (a) of section 108 to read 1994 Bay-Delta Accord, was never in- would have us delete. as follows: I might also add that under this bill, tended to be permanent. It had in fact (a) OPERATION.—Notwithstanding any the 800,000 acre feet of water can be re- a 3-year limitation, which led to my in- other provision of this Act, the Central Val- ley Project and the State Water Project cycled by communities once it has met volvement when I became deputy sec- retary to try to work out a solution. shall be operated in a manner that meets all its environmental purpose rather than obligations under State and Federal law, being lost to the ocean. That’s 800,000 And in fact we did. Unfortunately, the Westlands Water District, one of the with operational constraints that are based acre feet of additional water for com- on the best available science. munities like his. Of that, a little more proposed signatories to the bill, walked away from the table when everybody The Acting CHAIR. Pursuant to than one-tenth of 1 percent would have House Resolution 566, the gentleman gone to the little town of Cattlemen else was ready to sign. And we have been involved in this imbroglio ever from Massachusetts (Mr. MARKEY) and City. That’s irrelevant because this a Member opposed each will control 5 provision, too, the gentleman was pro- since. Now, the 800,000 acre feet is indeed minutes. posing to strike. The Chair recognizes the gentleman The contract holders that paid for taken away from the environment. No matter how you spin this, it’s gone. It from Massachusetts. this project gave up 800,000 acre feet of Mr. MARKEY. Mr. Chairman, I yield water with the promise it would be a is the biggest theft of water perhaps in modern California water history— myself 1 minute. temporary ceiling. One broken promise Our amendment is simple. It would after another changed this to a perma- 800,000 acre feet. It may be recycled, but the control of it for the environ- ensure that State law is upheld and nent floor, claiming more and more that the best available science is used water be expropriated from the people ment is lost. The environmental pro- tections that go along with that water when making decisions about the com- who paid for it and dumped into the plex California water system. Pacific Ocean. This measure sets that are gone. Both the State and the Fed- eral protections, the Clean Water Act, Instead of using cutting-edge science, injustice right. the Republican bill would take us back With that, I yield 30 seconds to the the National Environmental Protec- to 1994. gentleman from Washington (Mr. HAS- tion Act, California CEQA, all of those So let me ask you: Are you willing to TINGS), the chairman of the Natural are gone as a result of this bill. This is give up your 2012 iPhone for a 1994 Resources Committee. the most amazing override of environ- Mr. HASTINGS of Washington. I mental law that I have ever seen in the brick of a cellular phone? How about thank the gentleman for yielding, Mr. 37 years that I’ve been involved in giving up your Prius for a Yugo? Or Chairman, and I heard the author of water policy throughout this Nation. It using a phonebook instead of the amendment state something, and I is remarkable what is being attempted Facebook? Would you rather fold a will paraphrase, that he spoke to the here, and we’ve got to stop this bill. map or use Google maps? The answer chairman of the committee on the allo- I yield back the balance of my time. to those questions is easy. cation of the water, and supposedly the Mr. MCCLINTOCK. Mr. Chairman, And so is this one: Would you trade chairman of the committee responded the gentleman’s memory problems the science of California water in 2012 back ‘‘take the water away.’’ seem to have struck again. I do not re- for 1994 science? If your answer is no, if Number one, I do not recall ever hav- call making such a statement either, your answer is you want to use the best ing that dialogue with the maker of or intending to make such a statement. science, today’s science, in order to en- the amendment. But had he asked me, What I have said is that that 800,000 sure that we protect the water users my answer would have been an equi- acre feet, which now will become a and the environment, then vote ‘‘yes’’ table distribution of the water. So I ceiling rather than a floor, can provide on our amendment. just wanted to set the record straight, the opportunity for recycling under I reserve the balance of my time, Mr. Mr. Chairman, because that’s what I this bill so that that 800,000 acre feet, Chairman. heard in the debate just previously. once it has served its environmental Mr. MCCLINTOCK. Mr. Chairman, I Mr. GARAMENDI. Mr. Chairman, purposes, may then be used by commu- rise to claim the time in opposition to may I inquire as to the time remain- nities throughout the bay area. the amendment. ing? With that, Mr. Chairman, I would ask The Acting CHAIR. The gentleman The Acting CHAIR. The gentleman for a ‘‘no’’ vote on the amendment, and from California is recognized for 5 min- from California has 2 minutes remain- I yield back the balance of my time. utes. ing. The Acting CHAIR. The question is Mr. MCCLINTOCK. I yield 2 minutes Mr. GARAMENDI. The chairman of on the amendment offered by the gen- to the gentleman from California (Mr. the committee, if I did say the chair- tleman from California (Mr. ROHRABACHER). man of the committee, I believe I said GARAMENDI). Mr. ROHRABACHER. I rise in opposi- the chairman of the subcommittee. In The question was taken; and the Act- tion to this amendment. Long ago my which case if I did, Mr. HASTINGS, you ing Chair announced that the noes ap- parents told me a truism that has been are quite correct; you were not there. peared to have it. reconfirmed over and over again in my The chairman of the subcommittee was Mr. GARAMENDI. I demand a re- life. My parents both were raised on to whom I was referring. corded vote. dirt-poor farms in North Dakota in ab- With regard to the effect, you can try The Acting CHAIR. Pursuant to ject poverty. And my father, who made to spin this any way you like, but the clause 6 of rule XVIII, further pro- a decent life for himself and for his

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2537 family with hard work and struggle, protections are gutted for the sake of The amendment before us would re- told me as a child when we visited politics. In 2008 and 2009, salmon fish- quire us to use the scientific research those farms, he said: Son, ordinary peo- eries were forced to close because of that we have on California’s natural re- ple are not going to live well in this low-water flows in the rivers. This re- sources. It would allow us to acknowl- country or any country unless there is sulted in the loss of over a half a bil- edge what the research has shown us to an abundance of water and energy. And lion dollars and nearly 5,000 jobs—the be true. This amendment is critically that’s what all through my life I’ve same number that the proponents of important, not only to California, but seen; that those people who have had the bill claim that their bill would cre- to every State in this Union. their water or energy restricted, it has ate. Mr. Chairman, lastly, I keep hearing hurt the ordinary people, the standard This bill would prevent the use of the that the Sacramento area supports this of living of the people of that country. best available science and adaptive bill. I represent the Sacramento area, What we have faced in this country is management in the bay and delta by and I can tell you that both the city a good example of that. What we have permanently limiting agencies from and county of Sacramento strongly op- got is a coalition of radical environ- acting on new scientific information pose this bill. mentalists who have over the years developed since 1994. This alone ignores I urge my colleagues to support this prevented America from having the en- the last 15 years of the best available amendment and to reject the bill. ergy we need to have a high and a good science. Mr. MARKEY. Would you be able to standard of living for our people. Ordi- I urge a ‘‘yes’’ vote on this amend- tell us, Mr. Chairman, who has the nary people have suffered. The same is ment and a ‘‘no’’ vote on this terrible right to conclude debate? true when we are talking about water. piece of legislation. The Acting CHAIR. The gentleman Now, this radical coalition has never Mr. MCCLINTOCK. Mr. Chairman, I from California has the right to close. yield 30 seconds to my friend from Cali- thought anything about constitutional Mr. MARKEY. And could you again fornia (Mr. NUNES). rights and about whether it is States’ tell me how much time I have remain- Mr. NUNES. Thank you, Mr. Chair- rights to this or that. That has made ing? man. The Acting CHAIR. The gentleman no difference to them at all. The cen- I just want to remind my colleagues from Massachusetts has 1 minute re- tral issue is there is a vision that the of Dr. Peter Gleick—we haven’t heard maining. radical environmentalists have in from him today—Dr. Peter Gleick, the Mr. MARKEY. I yield myself that 1 which people are less important than man who comes to testify in Congress fish or little insects or reptiles. minute in order to just say this. before the committee to tell us why If we don’t do anything else here, at The bottom line is ordinary people, it’s so important that we take water least we should say that we’re going to ordinary Americans, should be our away from farmers and families. Why use science, we’re going to use the best highest priority. What is it doing to have we not heard about Dr. Peter available knowledge about science to their standard of living? And we have Gleick today? Because 2 weeks ago, Dr. ensure that this legislation does not in- seen an attack on the standard of liv- Peter Gleick admitted to imper- voke the law of unintended con- ing of the people of California by de- sonating someone else on the Internet, sequences, that we understand what pleting water resources that should go stole information and then falsified the we’re doing. And I don’t know why the to them that instead are being com- information and sent it out all over the Republicans have this aversion to mitted to a tiny little fish that isn’t planet. But Dr. Peter Gleick got using modern science; but I will tell even good enough for bait. caught. Dr. Peter Gleick got caught. you this, that this is going to be a de- Today, we are going to reaffirm in a The main man that they support got fining vote here on the House floor. Do very bipartisan fashion that no, the caught. people of this body are elected to rep- Mr. MARKEY. May I ask, Mr. Chair- the Republicans actually believe in resent the well-being of ordinary Amer- man, how much time is remaining on science? Do they want modern science icans, to make sure that we have the either side. to be used, or do they want some energy and the water we need to fulfill The Acting CHAIR. The gentleman science from two decades ago to be the American Dream where everyone from Massachusetts has 21⁄2 minutes re- used? has a chance at a decent life. maining. The gentleman from Cali- The importance of using science is 1 that it doesn’t depend on one man. It b 1700 fornia has 2 ⁄2 minutes remaining. Mr. MARKEY. I yield 2 minutes to relies on hundreds and thousands of Mr. MARKEY. I yield 2 minutes to the gentlelady from California (Ms. scientists testing each other’s works. the gentleman from California (Mr. MATSUI). The Republican bill would ignore 18 THOMPSON) so he can explain why the Ms. MATSUI. Mr. Chairman, I rise in years of work by hundreds and thou- radical coalition that we have also in- support of this amendment. I have al- sands of scientists to reach today’s cludes the Governors of seven States ways said that solutions to our coun- consensus because they want that old that don’t like this bill. try’s resource problems must be based science in order to take care of the spe- Mr. THOMPSON of California. I on sound science. To do otherwise is cial interests that cannot live within thank the gentleman for yielding. simply foolish and severely short- the advances made and the knowledge The Governors of seven States, fish- sighted. about the implications of what would ermen, hunters and farmers, a whole Mr. Chairman, H.R. 1837 ignores happen under their bill. list of people, oppose this bill. Our years of scientific research on the Mr. MCCLINTOCK. Mr. Chairman, amendment states that the Central health of California’s watersheds. This the devastation of the Central Valley Valley Project and State Water Project bill pretends that science does not of California occurred because of the shall be operated in a manner that exist. We don’t believe the Earth is breaking of a Federal promise—a Fed- meets all obligation under State and flat, and we don’t believe that thunder eral agreement. The gentleman from Federal law with operational con- is made by bowling balls. We know bet- California says, oh, it wasn’t an agree- straints that are based on the best ter. Science has given us the answers ment at all; it was just a suggestion. available science. More than 750 plant to so many questions about the world Well, that’s not what the Interior Sec- and animal species depend upon the in which we live. retary said at the time. He said, a deal delta for their survival. Many of these We have used science and discovered is a deal, and if it turns out there’s a then support important industries, the truth. H.R. 1837 will prevent the need for additional water, it will come such as the fishermen, hunters, rec- use of the best available science and at the expense of the Federal Govern- reational industries, and farmers that adaptive management in the bay delta ment. The Senator who carried the promote local and State economies. by permanently limiting agencies from conference report on the Senate floor We’ve seen what happens when acting on new scientific information said it was a deal, a temporary meas- science is ignored and environmental developed since 1994. ure until additional water was brought

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2538 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012

online. This bill redeems that promise. Amendment No. 3 by Mr. MCNERNEY Ruppersberger Sires Visclosky The amendment offered by the gen- of California. Ryan (OH) Slaughter Walberg Sa´ nchez, Linda Smith (WA) Walz (MN) tleman from Massachusetts would have Amendment No. 4 by Mr. MCNERNEY T. Speier Wasserman us break that promise forever. of California. Sanchez, Loretta Stark Schultz As I stated earlier, we keep hearing, Amendment No. 5 by Mr. GARAMENDI Sarbanes Sutton Waters well, that was then and this is now. of California. Schiff Thompson (CA) Watt Science has changed and so should our Schrader Thompson (MS) Waxman Amendment No. 6 by Mrs. NAPOLI- Schwartz Tierney Welch policy. If that’s the case, then the Fed- TANO of California. Scott (VA) Tonko Wilson (FL) eral Government’s promises are worth- Amendment No. 7 by Mr. GARAMENDI Scott, David Towns Woolsey less, and they mean nothing. That was Serrano Tsongas Yarmuth of California. Sewell Van Hollen a promise agreed to by all parties. It Amendment No. 8 by Mr. MARKEY of Sherman Vela´ zquez was broken by the Federal Govern- Massachusetts. ment. The Chair will reduce to 2 minutes NOES—239 What they’re referring to is not the minimum time for any electronic Adams Gibson Neugebauer science. It is ideology masquerading as vote after the first vote in this series. Aderholt Gingrey (GA) Noem science, so has said the Federal court. Akin Goodlatte Nugent Now we have news from the Klamath AMENDMENT NO. 2 OFFERED BY MR. THOMPSON Alexander Gosar Nunes OF CALIFORNIA Amash Gowdy that one of the scientists involved in Nunnelee The Acting CHAIR. The unfinished Amodei Granger Olson the reports is now charging that the Austria Graves (GA) business is the demand for a recorded Paulsen Department subverted science for po- Bachmann Graves (MO) Pearce litical ends. vote on the amendment offered by the Bachus Griffin (AR) Pence gentleman from California (Mr. THOMP- Barletta Griffith (VA) Peterson It is time that the ideological zeal- Bartlett Grimm SON) on which further proceedings were Petri otry that threw thousands of families Barton (TX) Guinta Pitts into unemployment be replaced with postponed and on which the noes pre- Bass (NH) Guthrie Platts practical and fact-based solutions that vailed by voice vote. Benishek Hall Poe (TX) The Clerk will redesignate the Berg Hanna Pompeo keep our promises. It’s time that we Biggert Harper Posey amendment. Bilbray Harris placed a higher value on human lives Price (GA) Bilirakis Hartzler than on the bureaucratic dictates of The Clerk redesignated the amend- Quayle Bishop (GA) Hastings (WA) ment. Reed the environmental left. That’s what Bishop (UT) Hayworth Rehberg this bill does, and that’s what the gen- RECORDED VOTE Black Heck tleman’s amendment would prevent. Blackburn Hensarling Reichert The Acting CHAIR. A recorded vote Renacci Finally, the gentleman would insert has been demanded. Bonner Herger Bono Mack Herrera Beutler Ribble a requirement that the act require the A recorded vote was ordered. Boren Huelskamp Rigell best available science to move forward. The vote was taken by electronic de- Brady (TX) Huizenga (MI) Rivera Roby Well, the gentleman knows that what vice, and there were—ayes 178, noes 239, Brooks Hultgren is termed ‘‘best available science’’ was Broun (GA) Hunter Roe (TN) not voting 16, as follows: Buchanan Hurt Rogers (AL) literally thrown out of court with the [Roll No. 83] Bucshon Issa Rogers (KY) court saying not only was it not the Buerkle Jenkins Rogers (MI) AYES—178 best available science; it wasn’t science Burgess Johnson (IL) Rohrabacher at all. The only practical effect of the Ackerman Dicks Kucinich Burton (IN) Johnson (OH) Rokita Altmire Dingell Langevin Calvert Johnson, Sam Rooney provision is to provide employment for Andrews Doggett Larsen (WA) Camp Jordan Ros-Lehtinen the only growth sector left in Califor- Baca Donnelly (IN) Larson (CT) Campbell Kelly Roskam nia’s economy—environmental law- Baldwin Doyle Levin Canseco King (IA) Ross (AR) Barrow Edwards Lewis (GA) Capito King (NY) Ross (FL) suits intended not to win, because ulti- Becerra Ellison Lipinski Cardoza Kingston Royce mately they do lose, but rather to Berkley Engel Loebsack Carter Kinzinger (IL) Runyan delay projects indefinitely and make Berman Eshoo Lofgren, Zoe Cassidy Kline Ryan (WI) them cost prohibitive to pursue. But I Bishop (NY) Farr Lowey Chabot Labrador Scalise Blumenauer Fattah Luja´ n Chaffetz Lamborn Schilling compliment the gentleman on his cre- Bonamici Filner Lynch Coble Lance Schock ativity. Boswell Frank (MA) Maloney Coffman (CO) Landry Schweikert With that, I yield back the balance of Brady (PA) Fudge Markey Cole Lankford Scott (SC) my time. Braley (IA) Garamendi Matsui Conaway Latham Scott, Austin The Acting CHAIR. The question is Brown (FL) Gonzalez McCarthy (NY) Costa LaTourette Sensenbrenner Butterfield Green, Al McCollum Cravaack Latta Sessions on the amendment offered by the gen- Capps Green, Gene McDermott Crawford Lewis (CA) Shimkus tleman from Massachusetts (Mr. MAR- Capuano Grijalva McGovern Crenshaw LoBiondo Shuler Carnahan Gutierrez McIntyre Culberson Long KEY). Shuster Carney Hahn McNerney Denham Lucas Simpson The question was taken; and the Act- Carson (IN) Hanabusa Meeks Dent Luetkemeyer Smith (NE) ing Chair announced that the noes ap- Castor (FL) Hastings (FL) Michaud DesJarlais Lummis Smith (NJ) Chandler Heinrich Miller (NC) Dold Lungren, Daniel peared to have it. Smith (TX) Mr. MARKEY. Mr. Chairman, I de- Chu Higgins Miller, George Dreier E. Cicilline Himes Moore Duffy Mack Southerland mand a recorded vote. Clarke (MI) Hinchey Moran Duncan (SC) Manzullo Stearns The Acting CHAIR. Pursuant to Clarke (NY) Hinojosa Murphy (CT) Duncan (TN) Marchant Stivers clause 6 of rule XVIII, further pro- Clay Hirono Napolitano Ellmers Marino Stutzman Sullivan ceedings on the amendment offered by Cleaver Hochul Neal Emerson Matheson Clyburn Holden Olver Farenthold McCarthy (CA) Terry the gentleman from Massachusetts will Cohen Holt Owens Fincher McCaul Thompson (PA) be postponed. Connolly (VA) Honda Pallone Fitzpatrick McClintock Thornberry The Chair understands that amend- Conyers Hoyer Pascrell Flake McCotter Tiberi ment No. 9 will not be offered. Cooper Inslee Pastor (AZ) Fleischmann McHenry Tipton Costello Israel Perlmutter Fleming McKeon Turner (NY) ANNOUNCEMENT BY THE ACTING CHAIR Courtney Jackson (IL) Peters Flores McKinley Turner (OH) The Acting CHAIR. Pursuant to Critz Jackson Lee Pingree (ME) Forbes McMorris Upton clause 6 of rule XVIII, proceedings will Crowley (TX) Polis Fortenberry Rodgers Walden Cuellar Johnson (GA) Price (NC) Foxx Meehan Walsh (IL) now resume on those amendments Cummings Johnson, E. B. Quigley Franks (AZ) Mica Webster printed in House Report 112–405 on Davis (CA) Jones Rahall Frelinghuysen Miller (FL) West which further proceedings were post- Davis (IL) Kaptur Reyes Gallegly Miller (MI) Westmoreland DeFazio Keating Richardson Gardner Miller, Gary Whitfield poned, in the following order: DeGette Kildee Richmond Garrett Mulvaney Wilson (SC) Amendment No. 2 by Mr. THOMPSON DeLauro Kind Rothman (NJ) Gerlach Murphy (PA) Wittman of California. Deutch Kissell Roybal-Allard Gibbs Myrick Wolf

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2539 Womack Yoder Young (FL) Miller (NC) Richmond Stark Smith (NJ) Tipton Wilson (SC) Woodall Young (AK) Young (IN) Miller, George Rothman (NJ) Sutton Smith (TX) Turner (NY) Wittman Moore Roybal-Allard Thompson (CA) Southerland Turner (OH) Wolf NOT VOTING—16 Moran Ruppersberger Thompson (MS) Stearns Upton Womack Bass (CA) Lee (CA) Rangel Murphy (CT) Ryan (OH) Tonko Stivers Walberg Woodall Boustany Nadler Rush Napolitano Sa´ nchez, Linda Towns Stutzman Walden Yoder Cantor Palazzo Schakowsky Neal T. Tsongas Sullivan Walsh (IL) Young (AK) Davis (KY) Paul Schmidt Olver Sanchez, Loretta Van Hollen Terry Webster Young (FL) Thompson (PA) West Diaz-Balart Payne Owens Sarbanes Vela´ zquez Young (IN) Thornberry Westmoreland Gohmert Pelosi Pallone Schiff Visclosky Tiberi Whitfield Pascrell Schrader Walz (MN) Pastor (AZ) Schwartz Wasserman NOT VOTING—13 b 1737 Pelosi Scott (VA) Schultz Perlmutter Scott, David Bass (CA) Nadler Rush Mr. GRIMM, Mrs. BLACKBURN, Waters Peters Serrano Cantor Paul Schakowsky Watt Messrs. FARENTHOLD, ROONEY, and Pingree (ME) Sewell Davis (CA) Payne Tierney HALL changed their vote from ‘‘aye’’ Polis Sherman Waxman Gohmert Rangel to ‘‘no.’’ Price (NC) Shuler Welch Lee (CA) Rogers (KY) Quigley Sires Wilson (FL) Ms. WATERS, Messrs. LIPINSKI and ANNOUNCEMENT BY THE ACTING CHAIR Rahall Slaughter Woolsey POLIS changed their vote from ‘‘no’’ to Reyes Smith (WA) Yarmuth The Acting CHAIR (during the vote). ‘‘aye.’’ Richardson Speier There is 1 minute remaining. So the amendment was rejected. The result of the vote was announced NOES—242 b 1741 as above recorded. Adams Forbes Matheson So the amendment was rejected. Aderholt Fortenberry McCarthy (CA) AMENDMENT NO. 3 OFFERED BY MR. MCNERNEY Akin Foxx McCaul The result of the vote was announced The Acting CHAIR. The unfinished Alexander Franks (AZ) McClintock as above recorded. business is the demand for a recorded Amash Frelinghuysen McCotter Stated for: Amodei Gallegly McHenry vote on the amendment offered by the Austria Gardner McKeon Mrs. DAVIS of California. Mr. Chair, on roll- gentleman from California (Mr. Bachmann Garrett McKinley call No. 84, had I been present, I would have MCNERNEY) on which further pro- Bachus Gerlach McMorris voted ‘‘aye.’’ ceedings were postponed and on which Barletta Gibbs Rodgers Bartlett Gingrey (GA) Meehan AMENDMENT NO. 4 OFFERED BY MR. MCNERNEY the noes prevailed by voice vote. Barton (TX) Goodlatte Mica The Acting CHAIR. The unfinished The Clerk will redesignate the Bass (NH) Gosar Miller (FL) business is the demand for a recorded amendment. Benishek Gowdy Miller (MI) Berg Granger Miller, Gary vote on the amendment offered by the The Clerk redesignated the amend- Biggert Graves (GA) Mulvaney gentleman from California (Mr. ment. Bilbray Graves (MO) Murphy (PA) MCNERNEY) on which further pro- RECORDED VOTE Bilirakis Griffin (AR) Myrick ceedings were postponed and on which Bishop (UT) Griffith (VA) Neugebauer The Acting CHAIR. A recorded vote Black Grimm Noem the noes prevailed by voice vote. has been demanded. Blackburn Guinta Nugent The Clerk will redesignate the A recorded vote was ordered. Bonner Guthrie Nunes amendment. Bono Mack Hall Nunnelee The Acting CHAIR. This is a 2- Boren Hanna Olson The Clerk redesignated the amend- minute vote. Boustany Harper Palazzo ment. The vote was taken by electronic de- Brady (TX) Harris Paulsen RECORDED VOTE vice, and there were—ayes 178, noes 242, Brooks Hartzler Pearce Broun (GA) Hastings (WA) Pence The Acting CHAIR. A recorded vote not voting 13, as follows: Buchanan Hayworth Peterson has been demanded. [Roll No. 84] Bucshon Heck Petri A recorded vote was ordered. Buerkle Hensarling Pitts AYES—178 Burgess Herger Platts The Acting CHAIR. This is a 2- Ackerman Crowley Holden Burton (IN) Herrera Beutler Poe (TX) minute vote. Altmire Cuellar Holt Calvert Huelskamp Pompeo The vote was taken by electronic de- Andrews Cummings Honda Camp Huizenga (MI) Posey vice, and there were—ayes 177, noes 243, Baca Davis (IL) Hoyer Campbell Hultgren Price (GA) Baldwin DeFazio Inslee Canseco Hunter Quayle not voting 13, as follows: Barrow DeGette Israel Capito Hurt Reed [Roll No. 85] Becerra DeLauro Jackson (IL) Cardoza Issa Rehberg Berkley Deutch Jackson Lee Carter Jenkins Reichert AYES—177 Berman Dicks (TX) Cassidy Johnson (IL) Renacci Ackerman Cohen Gonzalez Bishop (GA) Dingell Johnson (GA) Chabot Johnson (OH) Ribble Altmire Connolly (VA) Green, Al Bishop (NY) Doggett Johnson, E. B. Chaffetz Johnson, Sam Rigell Andrews Conyers Green, Gene Blumenauer Donnelly (IN) Kaptur Coble Jones Rivera Baca Costello Grijalva Bonamici Doyle Keating Coffman (CO) Jordan Roby Baldwin Courtney Gutierrez Boswell Edwards Kildee Cole Kelly Roe (TN) Barrow Critz Hahn Brady (PA) Ellison Kind Conaway King (IA) Rogers (AL) Becerra Crowley Hanabusa Braley (IA) Engel Kissell Costa King (NY) Rogers (MI) Berkley Cuellar Hastings (FL) Brown (FL) Eshoo Kucinich Cravaack Kingston Rohrabacher Berman Cummings Heinrich Butterfield Farr Langevin Crawford Kinzinger (IL) Rokita Bishop (NY) Davis (CA) Higgins Capps Fattah Larsen (WA) Crenshaw Kline Rooney Blumenauer Davis (IL) Himes Capuano Filner Larson (CT) Culberson Labrador Ros-Lehtinen Bonamici DeFazio Hinchey Carnahan Frank (MA) Levin Davis (KY) Lamborn Roskam Boswell DeGette Hinojosa Carney Fudge Lewis (GA) Denham Lance Ross (AR) Brady (PA) DeLauro Hirono Carson (IN) Garamendi Lipinski Dent Landry Ross (FL) Braley (IA) Deutch Hochul Castor (FL) Gibson Loebsack DesJarlais Lankford Royce Brown (FL) Dicks Holden Chandler Gonzalez Lofgren, Zoe Diaz-Balart Latham Runyan Butterfield Dingell Holt Chu Green, Al Lowey Dold LaTourette Ryan (WI) Capps Doggett Honda Cicilline Green, Gene Luja´ n Dreier Latta Scalise Capuano Donnelly (IN) Hoyer Clarke (MI) Grijalva Lynch Duffy Lewis (CA) Schilling Carnahan Doyle Inslee Clarke (NY) Gutierrez Maloney Duncan (SC) LoBiondo Schmidt Carney Edwards Israel Clay Hahn Markey Duncan (TN) Long Schock Carson (IN) Ellison Jackson (IL) Cleaver Hanabusa Matsui Ellmers Lucas Schweikert Castor (FL) Engel Jackson Lee Clyburn Hastings (FL) McCarthy (NY) Emerson Luetkemeyer Scott (SC) Chandler Eshoo (TX) Cohen Heinrich McCollum Farenthold Lummis Scott, Austin Chu Farr Johnson (GA) Connolly (VA) Higgins McDermott Fincher Lungren, Daniel Sensenbrenner Cicilline Fattah Johnson, E. B. Conyers Himes McGovern Fitzpatrick E. Sessions Clarke (MI) Filner Kaptur Cooper Hinchey McIntyre Flake Mack Shimkus Clarke (NY) Frank (MA) Keating Costello Hinojosa McNerney Fleischmann Manzullo Shuster Clay Fudge Kildee Courtney Hirono Meeks Fleming Marchant Simpson Cleaver Garamendi Kind Critz Hochul Michaud Flores Marino Smith (NE) Clyburn Gibson Kissell

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.001 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2540 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 Kucinich Neal Serrano Rohrabacher Sessions Upton Green, Al Lowey Sa´ nchez, Linda Langevin Olver Sewell Rokita Shimkus Walberg Green, Gene Luja´ n T. Larsen (WA) Owens Sherman Rooney Shuster Walden Grijalva Lynch Sanchez, Loretta Larson (CT) Pallone Shuler Ros-Lehtinen Simpson Walsh (IL) Gutierrez Maloney Sarbanes Levin Pascrell Sires Roskam Smith (NE) Webster Hahn Markey Schakowsky Lewis (GA) Pastor (AZ) Slaughter Ross (AR) Smith (TX) West Hanabusa Matsui Schiff Lipinski Pelosi Smith (WA) Ross (FL) Southerland Westmoreland Hanna McCarthy (NY) Schrader Loebsack Peters Speier Royce Stearns Whitfield Hastings (FL) McCollum Schwartz Runyan Stivers Lofgren, Zoe Pingree (ME) Stark Wilson (SC) Heinrich McDermott Scott (VA) Ryan (WI) Stutzman Lowey Polis Sutton Wittman Higgins McGovern Scott, David Luja´ n Price (NC) Thompson (CA) Scalise Sullivan Himes McIntyre Wolf Serrano Lynch Quigley Thompson (MS) Schilling Terry Hinchey McNerney Womack Sewell Maloney Rahall Tierney Schmidt Thompson (PA) Hinojosa Meeks Woodall Sherman Markey Reyes Tonko Schock Thornberry Hirono Michaud Yoder Shuler Matsui Richardson Towns Schweikert Tiberi Hochul Miller (NC) McCarthy (NY) Richmond Tsongas Scott (SC) Tipton Young (AK) Holden Miller, George Sires McCollum Rothman (NJ) Van Hollen Scott, Austin Turner (NY) Young (FL) Holt Moore Slaughter McDermott Roybal-Allard Vela´ zquez Sensenbrenner Turner (OH) Young (IN) Honda Moran Smith (WA) Speier McGovern Ruppersberger Visclosky NOT VOTING—13 Hoyer Murphy (CT) McIntyre Ryan (OH) Walz (MN) Inslee Napolitano Stark McNerney Sa´ nchez, Linda Wasserman Bass (CA) Nadler Rush Israel Neal Sutton Meeks T. Schultz Cantor Paul Schakowsky Jackson (IL) Olver Thompson (CA) Michaud Sanchez, Loretta Waters Fortenberry Payne Smith (NJ) Jackson Lee Owens Thompson (MS) Miller (NC) Sarbanes Watt Gohmert Pitts (TX) Pallone Tierney Miller, George Schiff Waxman Lee (CA) Rangel Johnson (GA) Pascrell Tonko Moore Schrader Welch Johnson (IL) Pastor (AZ) Towns ANNOUNCEMENT BY THE ACTING CHAIR Moran Schwartz Wilson (FL) Johnson, E. B. Pelosi Tsongas Murphy (CT) Scott (VA) Woolsey The Acting CHAIR (during the vote). Kaptur Perlmutter Van Hollen Napolitano Scott, David Yarmuth There is 1 minute remaining. Keating Peters Vela´ zquez Kildee Pingree (ME) Visclosky NOES—243 1744 Kind Polis Walz (MN) b Kissell Price (NC) Adams Ellmers Latham Wasserman So the amendment was rejected. Kucinich Quigley Schultz Aderholt Emerson LaTourette Langevin Rahall The result of the vote was announced Waters Akin Farenthold Latta Larsen (WA) Reyes Watt Alexander Fincher Lewis (CA) as above recorded. Larson (CT) Richardson Amash Fitzpatrick LoBiondo Waxman PERSONAL EXPLANATION Levin Richmond Amodei Flake Long Lewis (GA) Rothman (NJ) Welch Austria Fleischmann Lucas Ms. SCHAKOWSKY. Mr. Chair, on rollcall Lipinski Roybal-Allard Wilson (FL) Bachmann Fleming Luetkemeyer Nos. 83—Thompson/Eshoo Amendment, 84— Loebsack Ruppersberger Woolsey Bachus Flores Lummis Lofgren, Zoe Ryan (OH) Yarmuth Barletta Forbes Lungren, Daniel McNerney Amendment No. 3, and 85— McNerney Amendment No. 4, had I been Bartlett Foxx E. NOES—243 Barton (TX) Franks (AZ) Mack present, I would have voted ‘‘aye.’’ Bass (NH) Frelinghuysen Manzullo Adams Culberson Herrera Beutler Benishek Gallegly Marchant AMENDMENT NO. 5 OFFERED BY MR. GARAMENDI Aderholt Davis (KY) Huelskamp Berg Gardner Marino The Acting CHAIR. The unfinished Akin Denham Huizenga (MI) Biggert Garrett Matheson business is the demand for a recorded Alexander Dent Hultgren Bilbray Gerlach McCarthy (CA) Amash DesJarlais Hunter Bilirakis Gibbs McCaul vote on the amendment offered by the Amodei Diaz-Balart Hurt Bishop (GA) Gingrey (GA) McClintock gentleman from California (Mr. Austria Dold Issa Bishop (UT) Goodlatte McCotter GARAMENDI) on which further pro- Bachmann Dreier Jenkins Black Gosar McHenry ceedings were postponed and on which Bachus Duffy Johnson (OH) Blackburn Gowdy McKeon Barletta Duncan (SC) Johnson, Sam Bonner Granger McKinley the noes prevailed by voice vote. Bartlett Duncan (TN) Jones Bono Mack Graves (GA) McMorris The Clerk will redesignate the Barton (TX) Ellmers Jordan Boren Graves (MO) Rodgers amendment. Bass (NH) Emerson Kelly Boustany Griffin (AR) Meehan Benishek Farenthold King (IA) Brady (TX) Griffith (VA) Mica The Clerk redesignated the amend- Berg Fincher King (NY) Brooks Grimm Miller (FL) ment. Biggert Fitzpatrick Kingston Broun (GA) Guinta Miller (MI) RECORDED VOTE Bilbray Flake Kinzinger (IL) Buchanan Guthrie Miller, Gary Bilirakis Fleischmann Kline Bucshon Hall Mulvaney The Acting CHAIR. A recorded vote Bishop (UT) Fleming Labrador Buerkle Hanna Murphy (PA) has been demanded. Black Flores Lamborn Burgess Harper Myrick A recorded vote was ordered. Blackburn Forbes Lance Burton (IN) Harris Neugebauer Bonner Fortenberry Landry Calvert Hartzler Noem The Acting CHAIR. This is a 2- Bono Mack Foxx Lankford Camp Hastings (WA) Nugent minute vote. Boren Franks (AZ) Latham Campbell Hayworth Nunes The vote was taken by electronic de- Boustany Frelinghuysen LaTourette Canseco Heck Nunnelee vice, and there were—ayes 181, noes 243, Brady (TX) Gallegly Latta Capito Hensarling Olson Brooks Gardner Lewis (CA) Cardoza Herger Palazzo not voting 9, as follows: Broun (GA) Garrett LoBiondo Carter Herrera Beutler Paulsen [Roll No. 86] Buchanan Gerlach Long Cassidy Huelskamp Pearce Bucshon Gibbs Lucas Chabot Huizenga (MI) Pence AYES—181 Buerkle Gibson Luetkemeyer Chaffetz Hultgren Perlmutter Ackerman Carney Davis (IL) Burgess Gingrey (GA) Lummis Coble Hunter Peterson Altmire Carson (IN) DeFazio Burton (IN) Goodlatte Lungren, Daniel Coffman (CO) Hurt Petri Andrews Castor (FL) DeGette Calvert Gosar E. Cole Issa Platts Baca Chandler DeLauro Camp Gowdy Mack Conaway Jenkins Poe (TX) Baldwin Chu Deutch Campbell Granger Manzullo Cooper Johnson (IL) Pompeo Barrow Cicilline Dicks Canseco Graves (GA) Marchant Costa Johnson (OH) Posey Becerra Clarke (MI) Dingell Capito Graves (MO) Marino Cravaack Johnson, Sam Price (GA) Berkley Clarke (NY) Doggett Cardoza Griffin (AR) Matheson Crawford Jones Quayle Berman Clay Donnelly (IN) Carter Griffith (VA) McCarthy (CA) Crenshaw Jordan Reed Bishop (GA) Cleaver Doyle Cassidy Grimm McCaul Culberson Kelly Rehberg Bishop (NY) Clyburn Edwards Chabot Guinta McClintock Davis (KY) King (IA) Reichert Blumenauer Cohen Ellison Chaffetz Guthrie McCotter Denham King (NY) Renacci Bonamici Connolly (VA) Engel Coble Hall McHenry Dent Kingston Ribble Boswell Conyers Eshoo Coffman (CO) Harper McKeon DesJarlais Kinzinger (IL) Rigell Brady (PA) Costello Farr Cole Harris McKinley Diaz-Balart Kline Rivera Braley (IA) Courtney Fattah Conaway Hartzler McMorris Dold Labrador Roby Brown (FL) Critz Filner Cooper Hastings (WA) Rodgers Dreier Lamborn Roe (TN) Butterfield Crowley Frank (MA) Costa Hayworth Meehan Duffy Lance Rogers (AL) Capps Cuellar Fudge Cravaack Heck Mica Duncan (SC) Landry Rogers (KY) Capuano Cummings Garamendi Crawford Hensarling Miller (FL) Duncan (TN) Lankford Rogers (MI) Carnahan Davis (CA) Gonzalez Crenshaw Herger Miller (MI)

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2541 Miller, Gary Roby Southerland Engel Larson (CT) Rothman (NJ) Meehan Ribble Smith (NJ) Mulvaney Roe (TN) Stearns Eshoo Levin Roybal-Allard Mica Rigell Smith (TX) Murphy (PA) Rogers (AL) Stivers Farr Lewis (GA) Ruppersberger Miller (FL) Rivera Southerland Myrick Rogers (KY) Stutzman Fattah Lipinski Ryan (OH) Miller (MI) Roby Stearns Neugebauer Rogers (MI) Sullivan Filner Loebsack Sa´ nchez, Linda Miller, Gary Roe (TN) Stivers Noem Rohrabacher Terry Frank (MA) Lofgren, Zoe T. Mulvaney Rogers (AL) Stutzman Nugent Rokita Thompson (PA) Fudge Lowey Sanchez, Loretta Murphy (PA) Rogers (KY) Sullivan Nunes Rooney Thornberry Garamendi Luja´ n Sarbanes Myrick Rogers (MI) Terry Nunnelee Ros-Lehtinen Tiberi Gonzalez Lynch Schakowsky Neugebauer Rohrabacher Thompson (PA) Olson Roskam Tipton Green, Al Maloney Schiff Noem Rokita Thornberry Palazzo Ross (AR) Turner (NY) Green, Gene Markey Schrader Nugent Rooney Tiberi Paulsen Ross (FL) Nunes Ros-Lehtinen Tipton Turner (OH) Grijalva Matsui Schwartz Pearce Royce Nunnelee Roskam Turner (NY) Upton Gutierrez McCarthy (NY) Scott (VA) Pence Runyan Olson Ross (AR) Turner (OH) Walberg Hahn McCollum Scott, David Peterson Ryan (WI) Palazzo Ross (FL) Upton Walden Hanabusa McDermott Serrano Petri Scalise Sewell Paulsen Royce Walberg Walsh (IL) Hastings (FL) McGovern Pitts Schilling Heinrich McIntyre Sherman Pearce Runyan Walden Webster Platts Schmidt Higgins Meeks Sires Pence Ryan (WI) Walsh (IL) West Poe (TX) Schock Himes Michaud Slaughter Perlmutter Scalise Walz (MN) Westmoreland Pompeo Schweikert Hinchey Miller (NC) Smith (WA) Peterson Schilling Webster Whitfield Posey Scott (SC) Hinojosa Miller, George Speier Petri Schmidt West Wilson (SC) Price (GA) Scott, Austin Hirono Moore Stark Pitts Schock Westmoreland Wittman Quayle Sensenbrenner Hochul Moran Sutton Platts Schweikert Whitfield Wolf Reed Sessions Holden Murphy (CT) Thompson (CA) Poe (TX) Scott (SC) Wilson (SC) Womack Rehberg Shimkus Holt Napolitano Thompson (MS) Pompeo Scott, Austin Wittman Woodall Reichert Shuster Honda Neal Tierney Posey Sensenbrenner Wolf Renacci Simpson Yoder Hoyer Olver Tonko Price (GA) Sessions Womack Ribble Smith (NE) Young (AK) Israel Owens Towns Quayle Shimkus Woodall Rigell Smith (NJ) Young (FL) Jackson (IL) Pallone Tsongas Reed Shuler Yoder Rivera Smith (TX) Young (IN) Jackson Lee Pascrell Van Hollen Rehberg Shuster Young (AK) Reichert Simpson Young (FL) NOT VOTING—9 (TX) Pastor (AZ) Vela´ zquez Johnson (GA) Pelosi Visclosky Renacci Smith (NE) Young (IN) Bass (CA) Lee (CA) Payne Johnson, E. B. Peters Wasserman NOT VOTING—9 Cantor Nadler Rangel Kaptur Pingree (ME) Schultz Gohmert Paul Rush Keating Polis Waters Bass (CA) Lee (CA) Payne Kildee Price (NC) Watt Cantor Nadler Rangel ANNOUNCEMENT BY THE ACTING CHAIR Kind Quigley Waxman Gohmert Paul Rush The Acting CHAIR (during the vote). Kissell Rahall Welch ANNOUNCEMENT BY THE ACTING CHAIR There is 1 minute remaining. Kucinich Reyes Wilson (FL) Langevin Richardson Woolsey The Acting CHAIR (during the vote). b 1748 Larsen (WA) Richmond Yarmuth There is 1 minute remaining. So the amendment was rejected. NOES—250 b 1752 The result of the vote was announced Adams Culberson Herger as above recorded. Aderholt Davis (KY) Herrera Beutler So the amendment was rejected. Akin Denham Huelskamp The result of the vote was announced AMENDMENT NO. 6 OFFERED BY MRS. Alexander Dent Huizenga (MI) as above recorded. NAPOLITANO Amash DesJarlais Hultgren AMENDMENT NO. 7 OFFERED BY MR. GARAMENDI The Acting CHAIR. The unfinished Amodei Diaz-Balart Hunter business is the demand for a recorded Austria Dold Hurt The Acting CHAIR. The unfinished Bachmann Dreier Inslee business is the demand for a recorded vote on the amendment offered by the Bachus Duffy Issa gentlewoman from California (Mrs. Barletta Duncan (SC) Jenkins vote on the amendment offered by the NAPOLITANO) on which further pro- Barrow Duncan (TN) Johnson (IL) gentleman from California (Mr. ceedings were postponed and on which Bartlett Ellmers Johnson (OH) GARAMENDI) on which further pro- Bass (NH) Emerson Johnson, Sam ceedings were postponed and on which the noes prevailed by voice vote. Benishek Farenthold Jones The Clerk will redesignate the Berg Fincher Jordan the noes prevailed by voice vote. amendment. Biggert Fitzpatrick Kelly The Clerk will redesignate the Bilbray Flake King (IA) amendment. The Clerk redesignated the amend- Bilirakis Fleischmann King (NY) ment. Bishop (GA) Fleming Kingston The Clerk redesignated the amend- RECORDED VOTE Bishop (UT) Flores Kinzinger (IL) ment. Black Forbes Kline RECORDED VOTE The Acting CHAIR. A recorded vote Blackburn Fortenberry Labrador has been demanded. Bonner Foxx Lamborn The Acting CHAIR. A recorded vote A recorded vote was ordered. Bono Mack Franks (AZ) Lance has been demanded. Boren Frelinghuysen Landry A recorded vote was ordered. The Acting CHAIR. This is a 2- Boustany Gallegly Lankford minute vote. Brady (TX) Gardner Latham The Acting CHAIR. This is a 2- The vote was taken by electronic de- Brooks Garrett LaTourette minute vote. vice, and there were—ayes 174, noes 250, Broun (GA) Gerlach Latta The vote was taken by electronic de- Buchanan Gibbs Lewis (CA) vice, and there were—ayes 178, noes 247, not voting 9, as follows: Bucshon Gibson LoBiondo [Roll No. 87] Buerkle Gingrey (GA) Long not voting 8, as follows: Burgess Goodlatte Lucas [Roll No. 88] AYES—174 Burton (IN) Gosar Luetkemeyer Ackerman Capuano Courtney Calvert Gowdy Lummis AYES—178 Altmire Carnahan Critz Camp Granger Lungren, Daniel Ackerman Capps Costello Andrews Carney Crowley Campbell Graves (GA) E. Altmire Capuano Courtney Baca Carson (IN) Cuellar Canseco Graves (MO) Mack Andrews Carnahan Critz Baldwin Castor (FL) Cummings Capito Griffin (AR) Manzullo Baca Carney Crowley Barton (TX) Chandler Davis (CA) Cardoza Griffith (VA) Marchant Baldwin Carson (IN) Cuellar Becerra Chu Davis (IL) Carter Grimm Marino Barrow Castor (FL) Cummings Berkley Cicilline DeFazio Cassidy Guinta Matheson Becerra Chandler Davis (CA) Berman Clarke (MI) DeGette Chabot Guthrie McCarthy (CA) Berkley Chu Davis (IL) Bishop (NY) Clarke (NY) DeLauro Chaffetz Hall McCaul Berman Cicilline DeFazio Blumenauer Clay Deutch Coble Hanna McClintock Bishop (NY) Clarke (MI) DeGette Bonamici Cleaver Dicks Coffman (CO) Harper McCotter Blumenauer Clarke (NY) DeLauro Boswell Clyburn Dingell Cole Harris McHenry Bonamici Clay Deutch Brady (PA) Cohen Doggett Conaway Hartzler McKeon Boswell Cleaver Dicks Braley (IA) Connolly (VA) Donnelly (IN) Costa Hastings (WA) McKinley Brady (PA) Clyburn Dingell Brown (FL) Conyers Doyle Cravaack Hayworth McMorris Braley (IA) Cohen Doggett Butterfield Cooper Edwards Crawford Heck Rodgers Brown (FL) Connolly (VA) Donnelly (IN) Capps Costello Ellison Crenshaw Hensarling McNerney Butterfield Conyers Doyle

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2542 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 Edwards Larson (CT) Roybal-Allard McCarthy (CA) Price (GA) Shuster Deutch Kind Richardson Ellison Levin Ruppersberger McCaul Quayle Simpson Dicks Kissell Richmond Engel Lewis (GA) Ryan (OH) McClintock Reed Smith (NE) Dingell Kucinich Rothman (NJ) Eshoo Lipinski Sa´ nchez, Linda McCotter Rehberg Smith (NJ) Doggett Langevin Roybal-Allard Farr Loebsack T. McHenry Reichert Smith (TX) Donnelly (IN) Larsen (WA) Ruppersberger Fattah Lofgren, Zoe Sanchez, Loretta McKeon Renacci Southerland Doyle Larson (CT) Rush Filner Lowey Sarbanes McKinley Ribble Stearns Edwards Levin Ryan (OH) Frank (MA) Luja´ n Schakowsky McMorris Rigell Stivers Ellison Lewis (GA) Sa´ nchez, Linda Rodgers Rivera Stutzman Fudge Lynch Schiff Engel Lipinski T. Meehan Roby Sullivan Garamendi Maloney Schrader Eshoo Loebsack Sanchez, Loretta Mica Roe (TN) Terry Sarbanes Gonzalez Markey Schwartz Farr Lofgren, Zoe Green, Al Matsui Miller (FL) Rogers (AL) Thompson (PA) Fattah Lowey Schakowsky Scott (VA) Green, Gene McCarthy (NY) Miller (MI) Rogers (KY) Thornberry Filner Luja´ n Schiff Scott, David Grijalva McCollum Miller, Gary Rogers (MI) Tiberi Frank (MA) Lynch Schrader Serrano Gutierrez McDermott Mulvaney Rohrabacher Tipton Fudge Maloney Schwartz Hahn McGovern Sewell Murphy (PA) Rokita Turner (NY) Garamendi Markey Scott (VA) Hanabusa McIntyre Sherman Myrick Rooney Turner (OH) Gonzalez Matsui Scott, David Hastings (FL) McNerney Shuler Neugebauer Ros-Lehtinen Upton Green, Al McCarthy (NY) Serrano Heinrich Meeks Sires Noem Roskam Walberg Green, Gene McCollum Sewell Higgins Michaud Slaughter Nugent Ross (AR) Walden Grijalva McDermott Sherman Himes Miller (NC) Smith (WA) Nunes Ross (FL) Walsh (IL) Gutierrez McGovern Shuler Hinchey Miller, George Speier Nunnelee Royce Webster Hahn McIntyre Sires Hinojosa Moore Stark Olson Runyan West Hanabusa McNerney Slaughter Hirono Moran Sutton Palazzo Ryan (WI) Westmoreland Hastings (FL) Meeks Smith (WA) Hochul Murphy (CT) Thompson (CA) Paulsen Scalise Whitfield Heinrich Michaud Speier Holden Napolitano Thompson (MS) Pearce Schilling Wilson (SC) Higgins Miller (NC) Stark Holt Neal Tierney Pence Schmidt Wittman Himes Miller, George Sutton Peterson Schock Wolf Honda Olver Tonko Hinchey Moore Thompson (CA) Petri Schweikert Womack Hoyer Owens Towns Hinojosa Moran Thompson (MS) Inslee Pallone Pitts Scott (SC) Woodall Hirono Murphy (CT) Tierney Tsongas Platts Scott, Austin Yoder Israel Pascrell Van Hollen Hochul Napolitano Tonko Jackson (IL) Pastor (AZ) Poe (TX) Sensenbrenner Young (AK) Holden Neal Towns Vela´ zquez Pompeo Sessions Young (FL) Jackson Lee Pelosi Visclosky Holt Olver Tsongas (TX) Perlmutter Posey Shimkus Young (IN) Honda Owens Van Hollen Walz (MN) Johnson (GA) Peters Hoyer Pallone Vela´ zquez Wasserman NOT VOTING—8 Johnson, E. B. Pingree (ME) Inslee Pascrell Visclosky Kaptur Polis Schultz Bass (CA) Nadler Rangel Israel Pastor (AZ) Walz (MN) Keating Price (NC) Waters Cantor Paul Rush Jackson (IL) Pelosi Wasserman Kildee Quigley Watt Lee (CA) Payne Jackson Lee Perlmutter Schultz Kind Rahall Waxman (TX) Peters Waters ANNOUNCEMENT BY THE ACTING CHAIR Kissell Reyes Welch Johnson (GA) Pingree (ME) Watt Kucinich Richardson Wilson (FL) The Acting CHAIR (during the vote). Johnson (IL) Polis Waxman Langevin Richmond Woolsey There is 1 minute remaining. Johnson, E. B. Price (NC) Welch Larsen (WA) Rothman (NJ) Yarmuth Kaptur Quigley Wilson (FL) b 1755 Keating Rahall Woolsey NOES—247 Kildee Reyes Yarmuth So the amendment was rejected. Adams Costa Hanna NOES—244 Aderholt Cravaack Harper The result of the vote was announced Akin Crawford Harris as above recorded. Adams Cole Grimm Alexander Crenshaw Hartzler Aderholt Conaway Guinta Amash Culberson Hastings (WA) AMENDMENT NO. 8 OFFERED BY MR. MARKEY Akin Costa Guthrie Amodei Davis (KY) Hayworth The Acting CHAIR. The unfinished Alexander Cravaack Hall Austria Denham Heck business is the demand for a recorded Altmire Crawford Hanna Bachmann Dent Hensarling Amash Crenshaw Harper Bachus DesJarlais Herger vote on the amendment offered by the Amodei Culberson Harris Barletta Diaz-Balart Herrera Beutler gentleman from Massachusetts (Mr. Austria Davis (KY) Hartzler Bartlett Dold Huelskamp MARKEY) on which further proceedings Bachmann Denham Hastings (WA) Barton (TX) Dreier Huizenga (MI) were postponed and on which the noes Bachus Dent Hayworth Bass (NH) Duffy Hultgren Barletta DesJarlais Heck Benishek Duncan (SC) Hunter prevailed by voice vote. Bartlett Diaz-Balart Hensarling Berg Duncan (TN) Hurt The Clerk will redesignate the Barton (TX) Dold Herger Biggert Ellmers Issa amendment. Bass (NH) Dreier Herrera Beutler Bilbray Emerson Jenkins Benishek Duffy Huelskamp Bilirakis Farenthold Johnson (IL) The Clerk redesignated the amend- Berg Duncan (SC) Huizenga (MI) Bishop (GA) Fincher Johnson (OH) ment. Biggert Duncan (TN) Hultgren Bishop (UT) Fitzpatrick Johnson, Sam RECORDED VOTE Bilbray Ellmers Hunter Black Flake Jones Bilirakis Emerson Hurt Blackburn Fleischmann Jordan The Acting CHAIR. A recorded vote Bishop (GA) Farenthold Issa Bonner Fleming Kelly has been demanded. Bishop (UT) Fincher Jenkins Bono Mack Flores King (IA) A recorded vote was ordered. Black Fitzpatrick Johnson (OH) Boren Forbes King (NY) Blackburn Flake Johnson, Sam Boustany Fortenberry Kingston The Acting CHAIR. This will be a 2- Bonner Fleischmann Jones Brady (TX) Foxx Kinzinger (IL) minute vote. Bono Mack Fleming Jordan Brooks Franks (AZ) Kline The vote was taken by electronic de- Boren Flores Kelly Broun (GA) Frelinghuysen Labrador vice, and there were—ayes 180, noes 244, Boustany Forbes King (IA) Buchanan Gallegly Lamborn Brady (TX) Fortenberry King (NY) Bucshon Gardner Lance not voting 9, as follows: Brooks Foxx Kingston Buerkle Garrett Landry [Roll No. 89] Broun (GA) Franks (AZ) Kinzinger (IL) Burgess Gerlach Lankford Buchanan Frelinghuysen Kline Burton (IN) Gibbs Latham AYES—180 Bucshon Gallegly Labrador Calvert Gibson LaTourette Ackerman Butterfield Cohen Buerkle Gardner Lamborn Camp Gingrey (GA) Latta Andrews Capps Connolly (VA) Burgess Garrett Lance Campbell Gohmert Lewis (CA) Baca Capuano Conyers Burton (IN) Gerlach Landry Canseco Goodlatte LoBiondo Baldwin Carnahan Cooper Calvert Gibbs Lankford Capito Gosar Long Barrow Carney Costello Camp Gibson Latham Cardoza Gowdy Lucas Becerra Carson (IN) Courtney Campbell Gingrey (GA) LaTourette Carter Granger Luetkemeyer Berkley Castor (FL) Critz Canseco Gohmert Latta Cassidy Graves (GA) Lummis Berman Chandler Crowley Capito Goodlatte Lewis (CA) Chabot Graves (MO) Lungren, Daniel Bishop (NY) Chu Cuellar Cardoza Gosar LoBiondo Chaffetz Griffin (AR) E. Blumenauer Cicilline Cummings Carter Gowdy Long Coble Griffith (VA) Mack Bonamici Clarke (MI) Davis (CA) Cassidy Granger Lucas Coffman (CO) Grimm Manzullo Boswell Clarke (NY) Davis (IL) Chabot Graves (GA) Luetkemeyer Cole Guinta Marchant Brady (PA) Clay DeFazio Chaffetz Graves (MO) Lummis Conaway Guthrie Marino Braley (IA) Cleaver DeGette Coble Griffin (AR) Lungren, Daniel Cooper Hall Matheson Brown (FL) Clyburn DeLauro Coffman (CO) Griffith (VA) E.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2543 Mack Platts Shimkus MOTION TO RECOMMIT The California Constitution holds the Manzullo Poe (TX) Shuster Mr. GARAMENDI. Mr. Speaker, I Marchant Pompeo Simpson water of the State of California in Marino Posey Smith (NE) have a motion to recommit at the trust. In trust. The State of California, Matheson Price (GA) Smith (NJ) desk. the government, is responsible for the McCarthy (CA) Quayle Smith (TX) The SPEAKER pro tempore. Is the care of that water so that it can be ap- McCaul Reed Southerland McClintock Rehberg Stearns gentleman opposed to the bill? propriately distributed, not only for McCotter Reichert Stivers Mr. GARAMENDI. I am. the beneficial use of consumptive McHenry Renacci Stutzman The SPEAKER pro tempore. The users, cities and farmers, but also, also McKeon Rivera Sullivan Clerk will report the motion to recom- McKinley Roby Terry for the environment. McMorris Roe (TN) Thompson (PA) mit. This bill takes away the laws of the Rodgers Rogers (AL) Thornberry The Clerk read as follows: State of California that would provide Meehan Rogers (KY) Tiberi Mr. Garamendi moves to recommit the bill for the protection of the environment. Mica Rogers (MI) Tipton H.R. 1837 to the Committee on Natural Re- The California CEQA, Environmental Miller (FL) Rohrabacher Turner (NY) sources with instructions to report the same Miller (MI) Rokita Turner (OH) Quality Act, the Air Quality Act, the back to the House forthwith with the fol- Miller, Gary Rooney Upton Endangered Species Act of the State of Mulvaney Ros-Lehtinen Walberg lowing amendment: Murphy (PA) Roskam Walden After section 2, insert the following: California, are overridden by this bill. Myrick Ross (AR) Walsh (IL) SEC. 3. PROTECTING THE CONSTITUTION AND And by the way, the Federal laws also. Neugebauer Ross (FL) Webster STATES’ RIGHTS. It takes us back to 1994, to a period of Noem Royce West Consistent with the tenth amendment to time when we didn’t know the science. Nugent Runyan Westmoreland the United States Constitution, nothing in Nunes Ryan (WI) Whitfield We didn’t understand what the full im- Nunnelee Scalise Wilson (SC) this Act shall preempt or supersede State pact of water diversions and other con- Olson Schilling Wittman law, including State water law. taminants and other species would be Palazzo Schmidt Wolf The SPEAKER pro tempore. The gen- Paulsen Schock Womack in the delta. Pearce Schweikert Woodall tleman from California is recognized Since 1994, we have seen the collapse Pence Scott (SC) Yoder for 5 minutes. of the delta fisheries. We have seen Peterson Scott, Austin Young (AK) Mr. GARAMENDI. Mr. Speaker, I thousands upon thousands of fisher- Petri Sensenbrenner Young (FL) thank you for the opportunity to Pitts Sessions Young (IN) men, both commercial and rec- present this amendment. This amend- NOT VOTING—9 reational, unable to fish. The loss of ment will not kill the bill nor send it much. There is a much talk in this Bass (CA) Nadler Rangel back to committee, but it is an amend- House about a manmade drought. Cantor Paul Ribble ment that is important to every Rep- Lee (CA) Payne Rigell That’s baloney. It was a real drought. resentative in this House if you care ANNOUNCEMENT BY THE ACTING CHAIR And yes, there were environmental about the 10th Amendment and you considerations that further reduced The Acting CHAIR (during the vote). care about the ability of your State to There is 1 minute remaining. water. That water was reduced under set its own policies. contracts that called for shortages in b 1800 Mr. Speaker, every Member in this the case of drought. So the amendment was rejected. House should be paying attention to So what are we talking about here The result of the vote was announced this bill. We read the Constitution the with this bill? We’re talking about the as above recorded. first day of this Congress. The 10th usurpation of power by the Federal The Acting CHAIR. The question is Amendment guarantees that the States Government, taking the basic ability on the amendment in the nature of a have the ability to take care of their of the State of California to regulate substitute, as amended. own water systems and many other its water, to deal with its environ- The amendment was agreed to. issues that pertain to the States. This mental issues, and causing this House, The Acting CHAIR. Under the rule, bill, this bill overrides State law in the Committee rises. this Federal Government, to have that California. This bill sets aside numer- power. Accordingly, the Committee rose; ous State laws in California. This bill Think closely all of you who have a and the Speaker pro tempore (Mr. overrides 150 years of California water reclamation project in your district, GARDNER) having assumed the chair, law set in place by the legislature, the and there are some 18 States, ranging Mr. WESTMORELAND, Acting Chair of governors, by the courts of California, from the Pacific to the Mississippi. the Committee of the Whole House on and the Federal courts. This bill de- You have reclamation projects. Think the state of the Union, reported that stroys the ability of California to con- deeply. Think about what happens that Committee, having had under con- duct and to manage its own water. when the Federal Government goes to sideration the bill (H.R. 1837) to ad- I put this map up of California so California, the biggest State, and says: dress certain water-related concerns on that you might contemplate for a few We don’t care what your laws are; the San Joaquin River, and for other moments the impact and exactly what we’re going to tell you what to do. purposes, and, pursuant to House Reso- we’re talking about. California is a big Think what that might mean to you in lution 566, reported the bill back to the State, 38 million people, diverse, ex- the future when somebody in your House with an amendment adopted in traordinary water fights. There’s a fel- State has the power to put before this the Committee of the Whole. low who lived in California years ago, The SPEAKER pro tempore. Under House a law that runs over the top of Mark Twain, and he said, ‘‘In Cali- the rule, the previous question is or- your State laws. fornia, whiskey’s for drinking and dered. If you care about the 10th Amend- Is a separate vote demanded on the water’s for fighting.’’ And it’s been true ever since. ment, if you care about States’ rights, amendment to the amendment re- you’d better be voting ‘‘no’’ because ported from the Committee of the This is the Central Valley of Cali- fornia, the largest estuary on the West this is a precedent you don’t want to Whole? ever see in your State, and we don’t If not, the question is on the amend- Coast of the Western Hemisphere. It’s where the Sacramento River and the want to see it in California. Think ment in the nature of a substitute, as deeply, Members of this House, think amended. San Joaquin River join together in an inland estuary, one of the few in the deeply about what’s at stake here. I The amendment was agreed to. ask for this motion to pass. The SPEAKER pro tempore. The world. And also, San Francisco Bay. I yield back the balance of my time. question is on the engrossment and This bill will lead to the destruction of third reading of the bill. the largest estuary on the West Coast ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The bill was ordered to be engrossed of the Western Hemisphere, and it does The SPEAKER pro tempore. Mem- and read a third time, and was read the so by overriding California law and the bers are reminded to address their re- third time. California Constitution. marks to the Chair.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2544 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012

Mr. MCCLINTOCK. Mr. Speaker, I day that this administration was sworn Conyers Jackson (IL) Quigley rise in opposition to the motion to re- into office. This administration’s ac- Cooper Jackson Lee Rahall Costello (TX) Reyes commit. tions caused thousands and thousands Courtney Johnson (GA) Richardson The SPEAKER pro tempore. The gen- of hardworking farm working families Critz Johnson, E. B. Richmond tleman from California is recognized to lose their jobs. This measure solves Crowley Kaptur Rothman (NJ) for 5 minutes. that travesty. The same administra- Cuellar Keating Roybal-Allard Cummings Kildee Ruppersberger Mr. MCCLINTOCK. Mr. Speaker, it is tion that is blocking the thousands of Davis (CA) Kind Rush odd, very odd to hear the argument jobs that the Keystone pipeline would Davis (IL) Kucinich Ryan (OH) DeFazio Langevin again in this Hall that a State’s right produce has also vowed to veto this Sa´ nchez, Linda Larsen (WA) DeGette T. to deny basic freedoms to its citizens measure. I think the American people DeLauro Larson (CT) Sanchez, Loretta trumps the 14th Amendment to our are going to have a great deal to say Deutch Levin Sarbanes Dicks Lewis (GA) Constitution. The last time we heard about that in coming days. Schakowsky this argument in this Hall, it involved Ironically, the provision that the Dingell Lipinski Doggett Loebsack Schiff citizens’ civil rights. Now it is the citi- gentleman would have us remove was Donnelly (IN) Lofgren, Zoe Schrader zens’ water rights. But make no mis- specifically placed in the bill because Doyle Lowey Schwartz take: it is the same old saw. Edwards Luja´ n Scott (VA) he and his colleagues objected that its Scott, David The reason we have a 14th Amend- Ellison Lynch original provision might cause the Engel Maloney Serrano ment to our Constitution is because its State government to actively under- Eshoo Markey Sewell Framers recognized that States could mine the rights of its senior water Farr Matsui Sherman become abusive of the rights of their rights holders. Now that was a legiti- Fattah McCarthy (NY) Sires Filner McCollum Slaughter citizens, including their property mate concern. Senior water rights Frank (MA) McDermott Smith (WA) rights, including their water rights, holders in northern California were Fudge McGovern Speier and the Federal Government had a re- scared to death that they might have Garamendi McIntyre Stark sponsibility and a duty to protect Gonzalez McNerney Sutton the State undercut their water rights, Green, Al Meeks them. A responsibility and a duty spe- and this bill specifically addresses that Thompson (CA) Green, Gene Michaud Thompson (MS) cifically vested in this Congress, a re- concern. To address that concern, this Grijalva Miller (NC) Tierney sponsibility and a duty that we exer- provision was placed in the bill, and Gutierrez Miller, George Tonko Hahn Moore Towns cise in the bill that the gentleman now the gentleman objects to it. Hanabusa Moran Tsongas from California would have us gut. The gentleman first attacked the bill Hastings (FL) Murphy (CT) Van Hollen Heinrich Napolitano Well, what does the Constitution ac- because the bill lacked this protection, Vela´ zquez tually say on the subject? It says: Higgins Neal and now he attacks the bill because it Himes Olver Visclosky No State shall make or enforce any has that protection. The gentleman Hinchey Owens Walz (MN) law which shall abridge the privileges knows what I’m talking about. The Hinojosa Pallone Wasserman Schultz or immunities of citizens of the United gentleman knows that I have great af- Hirono Pascrell Hochul Pastor (AZ) Waters States. fection for him, but I must say he is be- Holden Pelosi Watt And it grants Congress the power to coming exceedingly hard to please. Holt Perlmutter Waxman enforce by appropriate legislation the I yield back the balance of my time. Honda Peters Welch provisions of this article. Hoyer Pingree (ME) Wilson (FL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Inslee Polis Woolsey Let us turn to the provisions of the The SPEAKER pro tempore. Mem- Israel Price (NC) Yarmuth bill that the gentleman objects to. It is bers are reminded not to traffic the Title IV. It directs the Interior Sec- well while another Member is under NOES—248 retary, in the operation of the Central recognition. Adams Chaffetz Gosar Valley Project, a Federal project, I Without objection, the previous ques- Aderholt Coble Gowdy might add, to strictly adhere to State Akin Coffman (CO) Granger tion is ordered on the motion to recom- Alexander Cole Graves (GA) water rights laws and priorities. It mit. Altmire Conaway Graves (MO) doesn’t trample State water rights; it There was no objection. Amash Costa Griffin (AR) invokes and enforces them. Amodei Cravaack Griffith (VA) The SPEAKER pro tempore. The Austria Crawford Grimm Title IV goes on further to direct the question is on the motion to recommit. Bachmann Crenshaw Guinta Secretary to strictly adhere to and The question was taken; and the Bachus Culberson Guthrie Barletta Davis (KY) Hall honor water rights and priorities that Speaker pro tempore announced that were obtained or existed pursuant to Bartlett Denham Hanna the noes appeared to have it. Barton (TX) Dent Harper various sections of California water Bass (NH) DesJarlais Harris RECORDED VOTE code. Benishek Diaz-Balart Hartzler Mr. GARAMENDI. Mr. Speaker, I de- Berg Dold Hastings (WA) b 1810 mand a recorded vote. Biggert Dreier Hayworth A recorded vote was ordered. Bilbray Duffy Heck I repeat, it doesn’t trample States’ Bilirakis Duncan (SC) Hensarling rights. It invokes them and enforces The SPEAKER pro tempore. Pursu- Bishop (UT) Duncan (TN) Herger them. This sets no precedent for other ant to clause 9 of rule XX, the Chair Black Ellmers Herrera Beutler States. California is the only State in will reduce to 5 minutes the minimum Blackburn Emerson Huelskamp Bonner Farenthold Huizenga (MI) the country with a coordinated oper- time for any electronic vote on the Bono Mack Fincher Hultgren ations agreement that combines a Fed- question of passage. Boren Fitzpatrick Hunter eral project, the Central Valley The vote was taken by electronic de- Boustany Flake Hurt vice, and there were—ayes 178, noes 248, Brady (TX) Fleischmann Issa Project, with a State project, the State Brooks Fleming Jenkins Water Project, and does so, by the way, not voting 7, as follows: Broun (GA) Flores Johnson (IL) at California’s request and with Cali- [Roll No. 90] Buchanan Forbes Johnson (OH) fornia’s consent. Bucshon Fortenberry Johnson, Sam AYES—178 Buerkle Foxx Jones In fact, Congress has a long history Ackerman Bonamici Castor (FL) Burgess Franks (AZ) Jordan of citing that Coordinated Operations Andrews Boswell Chandler Burton (IN) Frelinghuysen Kelly Agreement to invoke preemptive au- Baca Brady (PA) Chu Calvert Gallegly King (IA) Baldwin Braley (IA) Cicilline Camp Gardner King (NY) thority over this coordinated Federal Barrow Brown (FL) Clarke (MI) Campbell Garrett Kingston and State project. The Central Valley Becerra Butterfield Clarke (NY) Canseco Gerlach Kinzinger (IL) Project Improvement Act in 1992 is re- Berkley Capps Clay Capito Gibbs Kissell plete with such preemptions. Berman Capuano Cleaver Cardoza Gibson Kline Bishop (GA) Carnahan Clyburn Carter Gingrey (GA) Labrador Mr. Speaker, fewer Americans are Bishop (NY) Carney Cohen Cassidy Gohmert Lamborn working today than were working the Blumenauer Carson (IN) Connolly (VA) Chabot Goodlatte Lance

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2545 Landry Palazzo Scott, Austin Capito Huizenga (MI) Pompeo Heinrich McCarthy (NY) Sarbanes Lankford Paulsen Sensenbrenner Cardoza Hultgren Posey Higgins McCollum Schakowsky Latham Pearce Sessions Carter Hunter Price (GA) Himes McDermott Schiff LaTourette Pence Shimkus Cassidy Hurt Quayle Hinchey McGovern Schrader Latta Peterson Shuler Chabot Issa Reed Hinojosa McNerney Schwartz Lewis (CA) Petri Shuster Chaffetz Jenkins Rehberg Hirono Michaud Scott (VA) LoBiondo Pitts Simpson Coble Johnson (IL) Reichert Hochul Miller (NC) Scott, David Long Platts Smith (NE) Coffman (CO) Johnson (OH) Renacci Holden Miller, George Serrano Lucas Poe (TX) Holt Moore Smith (NJ) Cole Johnson, Sam Ribble Sewell Luetkemeyer Pompeo Honda Moran Smith (TX) Conaway Jones Rigell Sherman Lummis Posey Costa Jordan Hoyer Murphy (CT) Southerland Rivera Sires Lungren, Daniel Price (GA) Cravaack Kelly Inslee Napolitano Stearns Roby Slaughter E. Quayle Crawford King (IA) Israel Neal Stivers Roe (TN) Smith (WA) Mack Reed Crenshaw King (NY) Jackson (IL) Olver Stutzman Rogers (AL) Speier Manzullo Rehberg Culberson Kingston Rogers (KY) Jackson Lee Owens Marchant Reichert Sullivan (TX) Stark Davis (KY) Kinzinger (IL) Rogers (MI) Pallone Marino Renacci Terry Johnson (GA) Pascrell Sutton Denham Kissell Rohrabacher Matheson Ribble Thompson (PA) Johnson, E. B. Pastor (AZ) Thompson (CA) Dent Kline Rokita McCarthy (CA) Rigell Thornberry Kaptur Pelosi Thompson (MS) DesJarlais Labrador Rooney McCaul Rivera Tiberi Keating Perlmutter Tierney Diaz-Balart Lamborn Ros-Lehtinen McClintock Roby Tipton Kildee Peters Tonko Dold Lance Roskam McCotter Roe (TN) Turner (NY) Kind Pingree (ME) Towns Dreier Landry Ross (AR) McHenry Rogers (AL) Turner (OH) Duffy Lankford Kucinich Polis Tsongas McKeon Rogers (KY) Ross (FL) Langevin Price (NC) Upton Duncan (SC) Latham Royce Van Hollen McKinley Rogers (MI) Larsen (WA) Quigley ´ Walberg Duncan (TN) LaTourette Runyan Velazquez McMorris Rohrabacher Walden Ellmers Latta Larson (CT) Rahall Visclosky Rodgers Rokita Ryan (WI) Levin Walsh (IL) Emerson Lewis (CA) Reyes Walz (MN) Meehan Rooney Scalise Lewis (GA) Richardson Webster Farenthold LoBiondo Schilling Wasserman Mica Ros-Lehtinen Fincher Long Lipinski Richmond West Schmidt Schultz Miller (FL) Roskam Fitzpatrick Lucas Loebsack Rothman (NJ) Westmoreland Schock Waters Miller (MI) Ross (AR) Flake Luetkemeyer Lofgren, Zoe Roybal-Allard Whitfield Schweikert Watt Miller, Gary Ross (FL) Fleischmann Lummis Lowey Ruppersberger Wilson (SC) Scott (SC) ´ Waxman Mulvaney Royce Fleming Lungren, Daniel Lujan Rush Wittman Scott, Austin Welch Murphy (PA) Runyan Flores E. Lynch Ryan (OH) Wolf Sensenbrenner ´ Wilson (FL) Myrick Ryan (WI) Forbes Mack Maloney Sanchez, Linda Womack Sessions Woolsey Neugebauer Scalise Fortenberry Manzullo Markey T. Woodall Shimkus Noem Schilling Foxx Marchant Matsui Sanchez, Loretta Yarmuth Yoder Shuster Nugent Schmidt Franks (AZ) Marino Simpson ANSWERED ‘‘PRESENT’’—1 Nunes Schock Young (AK) Frelinghuysen Matheson Nunnelee Schweikert Young (FL) Gallegly McCarthy (CA) Smith (NE) Shuler Olson Scott (SC) Young (IN) Gardner McCaul Smith (NJ) Smith (TX) NOT VOTING—11 NOT VOTING—7 Garrett McClintock Gerlach McCotter Southerland Bass (CA) Meeks Payne Bass (CA) Nadler Rangel Gibbs McHenry Stearns Cantor Murphy (PA) Rangel Cantor Paul Gibson McKeon Stivers Lee (CA) Nadler Whitfield Lee (CA) Payne Gingrey (GA) McKinley Stutzman McIntyre Paul Gohmert McMorris Sullivan ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Goodlatte Rodgers Terry ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (during Gosar Meehan Thompson (PA) The SPEAKER pro tempore (during the vote). There are 2 minutes remain- Gowdy Mica Thornberry the vote). There is 1 minute remaining. Tiberi ing. Granger Miller (FL) Graves (GA) Miller (MI) Tipton b 1836 Graves (MO) Miller, Gary Turner (NY) b 1830 Griffin (AR) Mulvaney Turner (OH) Ms. BROWN of Florida changed her Griffith (VA) Myrick Upton vote from ‘‘aye’’ to ‘‘no.’’ So the motion to recommit was re- Grimm Neugebauer Walberg So the bill was passed. jected. Guinta Noem Walden Walsh (IL) The result of the vote was announced The result of the vote was announced Guthrie Nugent Hall Nunes Webster as above recorded. as above recorded. Hanna Nunnelee West A motion to reconsider was laid on The SPEAKER pro tempore. The Harper Olson Westmoreland the table. question is on the passage of the bill. Harris Palazzo Wilson (SC) Hartzler Paulsen Wittman Stated for: The question was taken; and the Hastings (WA) Pearce Wolf Mr. MURPHY of Pennsylvania. Mr. Speaker, Speaker pro tempore announced that Hayworth Pence Womack on rollcall No. 91, I was unavoidably detained. the ayes appeared to have it. Heck Peterson Woodall Hensarling Petri Yoder Had I been present, I would have voted RECORDED VOTE Herger Pitts Young (AK) ‘‘aye.’’ Mrs. NAPOLITANO. Mr. Speaker, I Herrera Beutler Platts Young (FL) f demand a recorded vote. Huelskamp Poe (TX) Young (IN) REMOVAL OF NAME OF MEMBER A recorded vote was ordered. NOES—175 AS COSPONSOR OF H.R. 1912 The SPEAKER pro tempore. This Ackerman Chu Dicks Mr. CICILLINE. Mr. Speaker, I ask will be a 5-minute vote. Amash Cicilline Dingell The vote was taken by electronic de- Andrews Clarke (MI) Doggett unanimous consent that Congressman vice, and there were—ayes 246, noes 175, Baldwin Clarke (NY) Donnelly (IN) ED ROYCE be removed as a cosponsor of answered ‘‘present’’ 1, not voting 11, as Barrow Clay Doyle H.R. 1912. Becerra Cleaver Edwards The SPEAKER pro tempore. Is there follows: Berkley Clyburn Ellison [Roll No. 91] Berman Cohen Engel objection to the request of the gen- Bishop (NY) Connolly (VA) Eshoo AYES—246 tleman from Rhode Island? Blumenauer Conyers Farr There was no objection. Adams Bass (NH) Boustany Bonamici Cooper Fattah Aderholt Benishek Brady (TX) Boswell Costello Filner f Akin Berg Brooks Brady (PA) Courtney Frank (MA) Alexander Biggert Broun (GA) Braley (IA) Critz Fudge CRASH OF USCG MH 65C Altmire Bilbray Buchanan Brown (FL) Crowley Garamendi HELICOPTER Amodei Bilirakis Bucshon Butterfield Cuellar Gonzalez Austria Bishop (GA) Buerkle Capps Cummings Green, Al (Mr. BONNER asked and was given Baca Bishop (UT) Burgess Capuano Davis (CA) Green, Gene permission to address the House for 1 Bachmann Black Burton (IN) Carnahan Davis (IL) Grijalva minute.) Bachus Blackburn Calvert Carney DeFazio Gutierrez Mr. BONNER. Mr. Speaker, it is with Barletta Bonner Camp Carson (IN) DeGette Hahn Bartlett Bono Mack Campbell Castor (FL) DeLauro Hanabusa a heavy heart that I bring to the atten- Barton (TX) Boren Canseco Chandler Deutch Hastings (FL) tion of the House the news that a

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2546 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 United States Coast Guard helicopter vote or the yeas and nays are ordered, legislative days to revise and extend crashed last night in Mobile Bay dur- or on which the vote incurs objection their remarks and include extraneous ing a training mission. under clause 6 of rule XX. materials on the bill before us. Early this morning I spoke by phone Record votes on postponed questions The SPEAKER pro tempore. Is there to Coast Guard Sector Commander will be taken later. objection to the request of the gen- Captain Don Rose in Mobile, where he f tleman from Wisconsin? informed me that one crew member There was no objection. b 1840 had lost his life, and three others are Mr. PETRI. Mr. Speaker, I yield my- missing. Search efforts for the missing ST. CROIX RIVER CROSSING self such time as I may consume. crew have been under way through last PROJECT AUTHORIZATION ACT The passage of this bill, which was night and today, and they are ongoing Mr. PETRI. Mr. Speaker, I move to adopted by the Senate earlier this year at this time near the crash site off suspend the rules and pass the bill (S. by unanimous consent, will remove the Point Clear, Alabama. 1134) to authorize the St. Croix River last remaining roadblock to construc- Naturally, I offered to Captain Rose Crossing Project with appropriate miti- tion of a new bridge over the St. Croix the praise and heartfelt sympathies of gation measures to promote river val- River, a bridge that has been identified the Congress, as well as our entire Na- ues. for replacement by the States of Wis- tion, not only to those immediate fam- The Clerk read the title of the bill. consin and Minnesota for nearly 60 ilies of those brave Coasties, but to the The text of the bill is as follows: years and a project that has actively entire Coast Guard family. S. 1134 been worked on for more than 30 years. Whether during a hurricane, an oil SECTION 1. SHORT TITLE. Support for this new bridge is bipar- spill, or one of their daily encounters This Act may be cited as the ‘‘St. Croix tisan and bicameral. The Governors of with danger when conducting a search River Crossing Project Authorization Act’’. Wisconsin and Minnesota support it. and rescue mission, the United States SEC. 2. AUTHORIZATION OF PROJECT WITH MITI- The entire Senate delegations from the Coast Guard plays a vital role that we GATION MEASURES. two States support it. With few excep- Notwithstanding section 7(a) of the Wild tions, the members of the House dele- too often take for granted. and Scenic Rivers Act (16 U.S.C. 1278(a)), the It is at times like this when we are head of any Federal agency or department gations from Minnesota and Wisconsin reminded of the dangers they face in may authorize and assist in the construction support it. We just need this final ac- their service to our Nation. They are of a new extradosed bridge crossing the St. tion in order to finally proceed with truly on the first line of protecting our Croix River approximately 6 miles north of the bridge. country, and we can never thank them the I–94 crossing if the mitigation items de- The longer we delay, the more unsafe enough. scribed in paragraph 9 of the 2006 St. Croix the current lift bridge becomes, con- Mr. Speaker, I ask, at this time, that River Crossing Project Memorandum of Un- gestion continues to worsen, and costs derstanding for Implementation of Riverway just continue to rise. It’s time to end all Americans lift a prayer to the Good Mitigation Items, signed by the Federal Lord for the loss of life that has oc- Highway Administration on March 28, 2006, the gridlock. curred. May God’s blessings and heal- and by the National Park Service on March I urge passage of the bill, and I re- ing hand be on those left behind. 27, 2006 (including any subsequent amend- serve the balance of my time. f ments to the Memorandum of Under- Ms. MCCOLLUM. Mr. Speaker, I yield standing), are included as enforceable condi- myself as much time as I may con- TORNADO IN HARRISBURG, tions. sume. ILLINOIS SEC. 3. OFFSET. The bill before the House today, S. (Mr. SHIMKUS asked and was given (a) IN GENERAL.—Notwithstanding any 1134, is a controversial bill that rep- permission to address the House for 1 other provision of law, amounts made avail- resents wasteful government spending, able for items 676, 813, 3186, 4358, and 5132 in minute.) the table contained in section 1702 of the bad transportation policy, and bad en- Mr. SHIMKUS. Mr. Speaker, I too SAFETEA–LU (119 Stat. 1288, 1380, 1423) shall vironmental policy. come to the well to address a tragedy be subject to the limitation on obligations A new bridge across the protected St. that happened this morning. Early this for Federal-aid highways and highway safety Croix River between my State of Min- morning, an F–4 tornado hit the city of construction programs distributed under sec- nesota and Wisconsin needs to be built. Harrisburg, Illinois, in my district. tion 120(a)(6) of title I of division C of Public The aging Stillwater Lift Bridge needs There was extensive damage, and six Law 112–55 (23 U.S.C. 104 note; 125 Stat. 652). to be replaced and everyone agrees on (b) RESCISSION.—Any obligation authority that, but I support a more affordable residents lost their lives. made available until used to a State as a re- Our thoughts and prayers are with sult of receipt of contract authority for the and more appropriately scaled replace- those who lost family and friends, items described in subsection (a) that re- ment bridge. those who were injured, and those who mains available to the State as of the date of This bill is controversial because it lost their homes. enactment of this Act is permanently re- does much more than authorize a re- I plan to visit Harrisburg personally scinded. placement bridge. This bill mandates tomorrow and thank all those first re- SEC. 4. BUDGETARY EFFECTS. construction of an exotic and massive sponders who have been working tire- The budgetary effects of this Act, for the extradosed style bridge some 219 feet lessly to care for the injured and to purpose of complying with the Statutory above the St. Croix River at a cost of Pay-As-You-Go-Act of 2010, shall be deter- begin the long road back to clean up. mined by reference to the latest statement $700 million for only 18,000 cars per day. The mutual aid provided by the sur- titled ‘‘Budgetary Effects of PAYGO Legisla- This $700 million extradosed rounding communities is also very tion’’ for this Act, submitted for printing in megabridge will connect Oak Park heartwarming. the Congressional Record by the Chairman of Heights, Minnesota—population 4,700— I pledge to work with Mayor Eric the Senate Budget Committee, provided that and Houlton, Wisconsin—population Gregg and other local officials to re- such statement has been submitted prior to 386. build the Harrisburg we all know and the vote on passage. I quote from the St. Paul Pioneer love. The SPEAKER pro tempore. Pursu- Press, January 25, 2012, about Houlton, f ant to the rule, the gentleman from Wisconsin, it ‘‘is not big enough for a Wisconsin (Mr. PETRI) and the gentle- stop sign on its main street.’’ ANNOUNCEMENT BY THE SPEAKER woman from Minnesota (Ms. MCCOL- Houlton, Wisconsin, may not have a PRO TEMPORE LUM) each will control 20 minutes. stop sign, but Congress could give it a The SPEAKER pro tempore (Mr. The Chair recognizes the gentleman $700 million bridge. DESJARLAIS). Pursuant to clause 8 of from Wisconsin. This bill is controversial because, if rule XX, the Chair will postpone fur- GENERAL LEAVE you look at page 2, line 10 of the bill, ther proceedings today on motions to Mr. PETRI. Mr. Speaker, I ask unani- you will see that the bill dictates the suspend the rules on which a recorded mous consent that all Members have 5 location of this $700 million

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2547 megabridge, and I quote from the bill, This bill is controversial because it rubber stamp to a $700 million ‘‘approximately 6 miles north of the puts Congress in the position of megabridge or will this Congress reject Interstate-94 crossing.’’ In other words, prioritizing spending of $700 million of this bad bill and direct Minnesota and this bill mandates a 65-mile-per-hour taxpayers’ money to replace one bridge Wisconsin to come up with a smarter interstate freeway bridge connecting a while Minnesota has more than 1,100 plan that would save taxpayers hun- town of 386 people and builds it only 6 additionally structurally deficient dreds of millions of dollars? miles from an existing interstate cross- bridges—far less costly—that all are in Every Minnesotan and every Wis- ing on the same river. desperate need of repair or replace- consin Member of this House supports What would the Tea Party call an ef- ment. In fact, dozens of Minnesota a replacement bridge, none more than fective and efficient use of taxpayer State legislators wrote our delegation me. But I ask my colleagues to reject dollars? Would they call this that? The saying: this fiscally irresponsible bill. Not one fiscal watchdog group Taxpayers for We are united in our concern that the cur- dollar of Minnesota transportation Common Sense calls the bill, and I rent design of the bridge is far too expensive, funds will be lost. quote from them, ‘‘A massive misuse of particularly in light of much more cost ef- I have a Minnesota Department of taxpayer money.’’ fective alternatives. Transportation document in my hand In a letter to Congress opposing this Those State legislators, many from that outlines how hundreds of millions bill, the Taxpayers for Common Sense my congressional district, urge defeat of dollars could be reprogrammed said: of this legislation. Former Vice Presi- across our State creating thousands of In an era of trillion-dollar deficits and a dent and U.S. Senator Walter Mondale, jobs and rebuilding roads and bridges $15 trillion national debt, it is simply unac- an original sponsor of the Wild and in great need of repair. ceptable to spend $700 million on a bridge to Scenic Rivers Act, opposes this bill, S. 1134 is a bad bill, and it should be carry so few vehicles when an interstate defeated by Democrats and Repub- bridge exists nearby. saying that the passage, and I quote licans alike. This bill is controversial because it is from Vice President Mondale, ‘‘would be a profound mistake.’’ He urges a Mr. Speaker, I reserve the balance of opposed by the Interior Department, my time. which testified before the Senate En- vote against the bill. ergy and Natural Resources Committee This bill was even controversial in b 1850 on July 28, 2011, opposing S. 1134. I the Senate. Senator JEFF BINGAMAN, Mr. PETRI. Mr. Speaker, I yield 2 quote from the Director of the Na- the chairman of the Senate Committee minutes to my colleague from the tional Park Service, when he stated: on Energy and Natural Resources, Sen- State of Washington, the chairman of ator MARK UDALL of Colorado, and Sen- The Department cannot support this legis- the Natural Resources Committee, ator MARIA CANTWELL of Washington lation as the National Park Service deter- Representative DOC HASTINGS. mined that the St. Croix River Project would oppose S. 1134, saying: Mr. HASTINGS of Washington. I have a direct and adverse impact to the river In our opinion, waiving the protections of thank the gentleman for yielding. and these impacts cannot be mitigated. the Wildand Scenic Rivers Act for the lower As chairman of the House Natural To be very clear, I asked Interior St. Croix is bad policy and sets a dangerous Resources Committee, which has par- precedent. Secretary Salazar 2 weeks ago during tial jurisdiction on this bill, I support an Interior appropriations sub- Here in the House, this bill is also S. 1134. committee hearing a direct question. controversial. It is controversial be- For over two decades, Wisconsin and That was on February 16, just this cause this bill is an earmark, pure and Minnesota have been working on a plan month. I asked: simple. This bill designates a specific to replace this bridge, which is over 80 Does the Interior Department still oppose project in a specific location and it years old. This two-State project has S. 1134? mandates the construction of a $700 been delayed by lawsuit after lawsuit Interior Secretary Salazar responded, million extradosed bridge design, and and by the interference of Federal bu- saying: it does that all through an exemption reaucrats. These nuisance lawsuits and Our position remains unchanged. A wild to Federal law. Of course, earmarks are bureaucrat attacks are all based on the and scenic river is a wild and scenic river. banned in the House except when a bill fact that the bridge spans the St. Croix The position of the Parks Service as articu- comes to the floor on suspension of River, which was listed in 1972 under lated a year ago is the position of the De- rules and all the rules and points of partment. We have, as you know, Congress- the Federal Wild and Scenic River Act. order are waived, just like this one. This bipartisan bill simply says that woman McCollum, met with the delegations This megabridge was highlighted in a from the two States and Secretary LaHood this ‘‘wild and scenic’’ label on the and I have offered to work with a work group New York Times editorial. The edi- river, under Federal law, cannot stop to see whether or not an alternative can be torial highlights my Minnesota col- these States from building a safe, new found. league and megabridge champion, Rep- bridge. Unfortunately, despite opposition resentative BACHMANN, who has called It’s as simple as that. from the Interior Department, and the for a redefinition of what an earmark In regards to earmarks, which was offer to work on a compromised solu- is to accommodate ‘‘a bridge over a brought up by the gentlelady from tion leave, Congress will now be voting vital waterway.’’ Today Congress- Minnesota, this bill has been reviewed on a $700 million megabridge. woman BACHMANN has been successful and is in compliance with the earmark This bill is controversial because it in bringing this earmark to the floor. definition in clause 9 of rule XXI. The will directly result in a property tax It’s not just me. My dear friend from bill does not contain congressional ear- increase for the residents of Oak Park Minneapolis, Mr. ELLISON, and other marks, limited tax benefits, or limited Heights, Minnesota, a community in House colleagues and the U.S. Depart- tariff benefits. The bill is aimed at en- which Minnesota’s new redistricting ment of the Interior are opposing this suring the Federal Wild and Scenic map places it in my new congressional $700 million bridge. The bill is also op- River Act doesn’t prevent a safer district. According to a unanimously posed by Taxpayers for Common Sense, bridge from being built. It affects mul- passed resolution by the Oak Park the Sierra Club, the National Parks tiple States. Heights City Council, the passage of S. Conservation Association, American So, Mr. Speaker, the people of Min- 1134 by Congress will do this to the city Rivers, League of Conservation Voters, nesota and Wisconsin have been wait- of Oak Park Heights. I quote from the former Vice President Mondale, and a ing decades to build this project. Let’s city council’s resolution: whole lot of Minnesotans who care pass this bill and allow them to do so. It will require an estimated $443 in annual deeply about fiscal responsibility, wise Ms. MCCOLLUM. Mr. Speaker, I in- property tax increase for the next 10 years to transportation investments, and re- quire as to how much time I have re- most city homeowners and businesses. sponsible environmental conservation. maining. A vote for S. 1134 will be a tax in- Tomorrow we will vote on this bill. The SPEAKER pro tempore. The gen- crease on Minnesotans. The question is: Will the House give a tlewoman has 111⁄2 minutes remaining.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2548 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012

Ms. MCCOLLUM. With that, I yield systems in every State across the Na- ure before us, I yield 1 minute to my 31⁄2 minutes to the gentleman from tion. colleague from Wisconsin, Representa- West Virginia (Mr. RAHALL). Instead, we’re voting on one ear- tive BALDWIN. Mr. RAHALL. I thank the gentlelady mark, and we are doing nothing today Ms. BALDWIN. I rise today in strong for yielding. to strengthen our Nation’s economic support of the St. Croix River Crossing Mr. Speaker, I didn’t quite know competitiveness and quality of life. We Project Authorization Act. from which side to request time on this are doing nothing to alleviate the con- This past November, I had the chance issue. You see, I am for legitimate, gestion that continues to cripple the to visit the existing 81-year-old Still- well-scrutinized, scrubbed, and economy in California. We are doing water Bridge, and I met with local screened earmarks. Now, unless the nothing to fix the bridges that are in community leaders on the issue. After GOP leadership can convince me that disrepair in my home State. We are seeing this bridge for myself and after this is not an earmark, then I will vote doing nothing to solve the fact that listening carefully to the arguments on ‘‘no’’ on the bill. trains are traveling on outdated tracks all sides, I am convinced that this leg- We should be here today debating a across this country. We are doing noth- islation is necessary, reasonable, and long-term, robust surface transpor- ing to address the commerce that is time-sensitive. tation bill that would create jobs and being trapped on turnpikes because The bridge project will support thou- keep our economy moving forward by these arteries of commerce are being sands of construction jobs in both Wis- rebuilding America and by putting choked by a transportation system ill consin and Minnesota. In addition, the Americans to work. Rather, we are fit for the country that is leading the new bridge will help shorten travel considering a bill that authorizes the global economy. times, reduce traffic congestion and, construction of a specific bridge be- Last November, the Speaker an- most importantly, improve safety. Per- tween Minnesota and Wisconsin with nounced that the House would take up haps it will even save some lives. an estimated total project cost of $574 the surface transportation bill by the The stories I’ve heard from the Wis- million to $690 million—an earmark. end of the year. We all know what sub- consinites who use this bridge every Instead of openly acknowledging that sequently transpired, which is that the day are truly startling. I’ve heard from this bill is a blatant earmark, the Re- Transportation and Infrastructure some folks who literally fear for their publican leadership pretends that it is Committee produced a bill which safety and who are afraid something not one. It was quietly added to the slashes $15.8 billion in highway funding similar to the I–35 bridge collapse schedule less than 48 hours ago, sched- to the States, destroying 550,000 Amer- could happen to them. I’ve heard from uled for this post-sundown debate. ican family-wage jobs. others about the long delays and fre- The bill then proceeded to the Rules Do not get me wrong. I am not quent spring closures of the bridge. Committee, which is where it was di- against earmarks, but let’s be open, This is the reality on the ground, and transparent, and honest with the vided up into I don’t know how many different pieces because there weren’t it is woefully unacceptable. We have American people. That’s why ‘‘ear- the power to change this. I urge my mark’’ got the bad name it did, because the votes to pass the whole package. Who knows what kind of mishmash we colleagues to vote ‘‘yes’’ and to support we were not open and transparent and got that time. I’m still trying to figure this bipartisan legislation. honest with the American people. So if it out. Then who knows what type of Ms. MCCOLLUM. I yield 1 minute to there is any doubt whether the bill mishmash we’ll get the next time be- the gentleman from New Jersey (Mr. that the House is now considering fore we finally pass, if we are going to, HOLT). today is an earmark, all you have to do a transportation bill that puts Ameri- Mr. HOLT. I thank the gentlelady for is read the bill: cans to work, that gets our economy yielding. . . . may authorize and assist in the con- Mr. Speaker, you heard from Rep- struction of a new extradosed bridge crossing moving, and that helps long-term def- icit reduction. resentative MCCOLLUM as to the dimen- the St. Croix River approximately 6 miles sions of this, as to how close it is to an north of the I–94 crossing. Mr. HASTINGS of Washington. Will the gentleman yield? existing large bridge, as to why this is Then the bill goes on on lines 21 The SPEAKER pro tempore. The really a boondoggle. I wanted to talk through 23, page 2, section 3. It pro- time of the gentleman has expired. about how this fits in the national pic- vides an offset. Guess where that offset Ms. MCCOLLUM. In reclaiming my ture of wild and scenic rivers. comes from? Earmarks under the time, I will not yield to the gentleman This bill would for the first time SAFETEA LU, under the previous on my time. waive the requirements of the Wild and transportation bill. It’s how the major- Mr. PETRI. I yield 30 seconds to the Scenic Rivers Act, which is a law that ity is funding this bill. That was our gentleman from Washington (Mr. HAS- has protected the lower St. Croix for last transportation bill, which took so TINGS). nearly 30 years and that protects 12,000 much grief. Mr. HASTINGS of Washington. I miles of rivers in 38 States and Puerto It all sounds pretty specific to me. In thank the gentleman for yielding. Rico, including the Delaware River in fact, the bill even tells the States what With all due respect to my good my home State of New Jersey. These kind of bridge to build. If it looks like friend and colleague from West Vir- are special rivers designated under the a duck, swims like a duck and quacks ginia, each person may have his own Wild and Scenic Rivers law. like a duck, by golly, it’s probably a definition of an earmark, but we are b 1900 duck. This is an earmark, and I sin- governed by the definition in House cerely hope that the some-90 new Mem- rules, not by a cavalier ‘‘quacking When the Resources Committee bers on the majority side are learning duck’’ standard. The bill has been re- marked up the legislation before us just what an earmark is. viewed and is in compliance with the now, I offered a simple amendment. My Now, I recognize the need for this earmark definition in clause 9 of House amendment would have ensured that new bridge crossing the St. Croix to re- rule XXI. The bill does not contain any bridge authorized under this bill be place the deficient 80-year-old Still- congressional earmarks. I know the designed and located in a way to mini- water Lift Bridge, but I also recognize gentleman has been very open about mize the direct and inverse environ- the need to move similar transpor- his support for earmarks, but we are mental effect. It was defeated. tation projects forward across this governed by the rules of the House, and This is really a bridge too far. It’s far great country, including in my own the ‘‘quacking duck’’ comparison does too large, it is just, you know, far too home State of West Virginia. What we not stand here. expensive. Should Congress pass this ought to be doing is passing a long- Ms. MCCOLLUM. I reserve the bal- bill and waive the Wild and Scenic Riv- term, robust surface transportation ance of my time. ers protection, it’s hard to imagine any bill so that we can address the backlog Mr. PETRI. Mr. Speaker, in delight future bridge project that won’t receive of deficient bridges, roads, and transit of the bipartisan support for the meas- a waiver like this issued by Congress.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2549 Mr. PETRI. Mr. Speaker, I yield 2 I understand the need to create jobs. get all the stakeholders at the table so minutes to the gentleman from Utah I understand the need to fix our falling that they could discuss and scrub every (Mr. BISHOP). infrastructure. There are over 2,000 option and every alternative that was Mr. BISHOP of Utah. Mr. Speaker, in bridges in Minnesota and Wisconsin available. At the end of that 5-year ne- 1972, the Wild and Scenic Rivers Act that need immediate dire attention gotiating process, 26 of the 27 stake- was used on this part of the river, even that would create jobs, and it would holders reached an agreement on what though there was already an existing move the infrastructure needs of this needed to be done. bridge on that river. Now the safety of country in a very, very direct way and The only holdout was the Sierra that bridge is creating problems for in a very needed way. Club, and that’s why we’re having this people, and the traffic buildup is cre- This is a waste of taxpayers’ money big debate this evening. Even their pro- ating problems for people. and a violation of the Wild and Scenic posal that came in at the eleventh hour Actually, the National Park Service Rivers Act. would cost just as much, it would take already had met with everybody, found Mr. PETRI. Mr. Speaker, this bill has another 10 years to build, and it would a way to build a new bridge and miti- bipartisan support. Other things being actually cut into the bluff on the Min- gate the adverse circumstances. An equal, I think we tend to listen to the nesota side, causing more environ- agreement was reached until outside Representative in whose district the mental damage. groups, who came in here with this project would exist. This project is in Even the local and regional offices of dogmatic reverence for the Wild and the district of my colleague, RON KIND, the National Park Service and the Fish Scenic Rivers Act, basically took it to from the State of Wisconsin, and at and Wildlife Service had signed off on court, threw everything away, and we this time I would be happy to yield him this bridge project. have now exacerbated the problem. 4 minutes. I believe, as do most of the members Wild and scenic river? On a clear day, Mr. KIND. I thank the gentleman for of the Wisconsin and Minnesota delega- if indeed the traffic does not produce yielding me this time. tion, as well as all four of the U.S. sen- enough smog that has backed up be- Mr. Speaker, this bridge is in my ators, that it’s time to build this cause we are trying to get across this congressional district. I have been liv- bridge. Both governors in Wisconsin river, you can actually see a marina, ing and breathing this issue for the last and Minnesota want to build this the smokestacks of a power plant that 16 years. bridge. The Departments of Transpor- is in the neighborhood of a sewage Mr. Speaker, it’s time to build a tation in both Wisconsin and Min- plant, and maybe even the orange bridge. This is a bipartisan bill. It nesota want to build this bridge. Nine- jumpsuits of the county jail that is in passed the Senate under unanimous ty-two percent of the residents in Wis- this area. We are abusing the law to consent. This legislation before us consin want to see this bridge go for- stop this progress, stop this bridge that today merely exempts this river under ward. Eighty-eight percent of the resi- is needed desperately for safety reasons the Wild and Scenic Rivers Act. It ex- dents in Minnesota in Representative and for traffic reasons in this par- empts this bridge so that the States of BACHMANN’s district, where the bridge ticular area. Wisconsin and Minnesota can move for- There is a reason this bill passed by is also built, wants this bridge to go ward on this vital infrastructure unanimous consent in the Senate. It forward. It is time to build this bridge. solves a problem, it’s common sense, project. Every option, every alternative has This is what we have today, Mr. and it’s the right thing to do. been considered. This is where we keep Speaker. It’s an 82-year-old lift bridge Ms. MCCOLLUM. In response, I don’t coming back to time and time again. think my constituents consider me an that’s on its last life. Last summer the They looked at the cost. They looked outside group. drawbridge was up for 10 days, prohib- at the design. They looked at the loca- With that, I would yield 1 minute to iting traffic from crossing because of tion. They looked at the environmental the gentleman from Arizona (Mr. GRI- high water. Every summer, every time impact. They looked at the mitigation JALVA). a boat travels underneath this bridge, that can be done, and 26 of the 27 stake- Mr. GRIJALVA. Mr. Speaker, I rise the lift bridge is lifted and we have a holders reached this conclusion. It’s in opposition to the legislation. This traffic jam miles long waiting for the unfortunate that the Wild and Scenic bill is too controversial and should not bridge to open up again. Rivers Act is being used to bludgeon a be on the suspension calendar. Those cars and trucks are spewing major infrastructure project that will Last year the majority held a hear- fumes, dropping oil. It is a major envi- create jobs in this region when we need ing on the issue in the Subcommittee ronmental problem, not to mention the them the most, not only the short- on National Parks, Forests and Public safety concern that we have with this term jobs in building this bridge but Lands. The Park Service testified old lift bridge. It’s on its final legs, and the long-term economic development against the bill. It was also opposed by there’s consensus that we have to build and the explosion of economic growth a range of national organizations— a new bridge. and job creation that will result from from fiscal conservatives and tax This is what’s recommended by the the creation of this bridge. watchdogs to environmental conserva- States of Wisconsin and Minnesota. Heading south, as my colleague from tionists. This is what the new bridge would look Minnesota had suggested, to hook up This bill, it has already been stated, like. Yes, you will see right next to it to the interstate highway, was not a would create the first ever exemption is a coal-burning power plant on this viable option. Yet the town of Hudson to the Wild and Scenic Rivers Act for so-called part of the Wild and Scenic that lies in between—— construction of a bridge in a protected Rivers. There is very little wild or sce- The SPEAKER pro tempore. The river. This has never been done, and nic at this location, and that’s exactly time of the gentleman has expired. the question is, why now? This prece- why it’s being sited along this location, Mr. KIND. Mr. Speaker, I ask unani- dent for a $700 million mega-bridge along with two major manufacturing mous consent for 2 additional minutes. that threatens all 203 protected rivers plants. The SPEAKER pro tempore. Without in 38 States should not be allowed to This is another view of the bridge in objection, each side is granted 2 addi- proceed, and it very much violates the relationship to the power plant just tional minutes. no earmark pledge of the Republican south of the Stillwater area, and this is There was no objection. majority. actually the view from downtown Still- Mr. KIND. Going south to hook up to Congresswoman MCCOLLUM and Con- water looking south along the river at the interstate bridge down there is not gressman ELLISON introduced a better this bridge. You can barely see it be- a viable option. That too is under bill, H.R. 3434, that removes congres- cause of how it’s designed to blend into study for expansion, given the in- sional mandate from this bill that is the atmosphere. creased traffic load that’s going under consideration and sets a spend- Mr. Speaker, about 6 years ago I through it today. What this bridge ing cap to protect taxpayers. formed a process called ‘‘resolve’’ to that’s being proposed considers is not

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2550 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 only current traffic flow projections, could have had a piece of legislation The bridge we are talking about but future traffic flow projections over that would have allowed an exemption today, the one that is used across the the next 20 or 30 years. without the specification that was St. Croix River, has a rating of 32 out I know infrastructure projects can be added in this legislation. I could have of 100. It is less safe than I–35 was when difficult. I know they can be conten- stood here and supported it, but I can- it collapsed. And again, it was built in tious. But when so many people at the not support a $700 million interstate 1931. It is 81, 82 years old. Federal, State, and local level of the bridge when there is one 6 miles away. Listen, the people in this region they agencies, as well as private entities, The Stillwater bridge needs to be re- need the bridge. They want the bridge. have been at the table for 5 years nego- placed, but it won’t be replaced, actu- Everybody is working together. I want tiating and trying to reach agreement ally, because the historic lift bridge is to make sure we’re clear about the peo- on what bridge is necessary, when they going to be used as a bike and pedes- ple who use this. I know the gentlelady do finally reach an agreement, that trian bridge which in perpetuity the from Minnesota says it’s only serving a tells me it’s time to build a bridge. States of Wisconsin and Minnesota will small community in Holton, Wisconsin, b 1910 have to maintain and repair and will a community of 386 people. You’ve got continue during the summer to be to explain to me, then, how 18,000 peo- I want to thank the ranking member raised and lifted as boats go through. ple go across that bridge every day. and the chair of the Transportation I reserve the balance of my time. You are dealing with the largest- Committee for your support, as well as Mr. PETRI. Mr. Speaker, I yield 5 growing county in Wisconsin, and the the chair of the subcommittee and the minutes to my colleague from the 13th largest metropolitan area in this ranking member on the subcommittee State of Wisconsin, Representative country. That’s what this bridge con- for your support. SEAN DUFFY. nects. People use it. This is a bedroom Transportation Secretary LaHood Mr. DUFFY. I appreciate the gen- county. They work in St. Croix County has been strongly in favor of moving tleman from Wisconsin yielding. over in Minneapolis-St. Paul. They use this project forward. And I also want to I think it is important that we are that bridge to get back and forth to thank the administrations, the Gov- clear about what this bill truly does. work; 18,000 people a day use this ernors of both Wisconsin and Min- This bill exclusively deems the St. bridge. This is no small feat. nesota, for their interest and support Croix River consistent with the Wild for this project. One of the reasons it is and Scenic Rivers Act. That’s all it We’re talking about the funding com- being brought up at this time is be- does is deem it consistent. There is no ponent saying that it’s $700 million. I cause Governor Dayton from Min- appropriations aspect; there’s no budg- think we have to be clear on what that nesota says life is short and they need etary authority. All we’re doing is $700 million is. It’s really only $292 mil- predictability and certainty on what deeming this bridge consistent with lion when you look at the actual cost projects are moving forward. He has the Wild and Scenic Rivers Act. of construction of the bridge, $292 mil- been a strong advocate of this bridge, You know, today is a pretty special lion. If you want to look at the extra but we can’t be delaying this and drag- day. It’s a special day because it’s leap cost that gets you upwards of $600 mil- ging this out for another 16 years, day. It’s February 29. It comes around lion, that cost comes from all of the which is the likely outcome if the op- only once every 4 years. And I have mitigation, the environmental mitiga- position figures out a way to bring this only been in this House for a year and tion work that’s been requested over bill down. Enough is enough. a couple of months; but I have to tell the decades of negotiation trying to We have explored this. We have ex- you what, bipartisanship doesn’t come get this bridge done. It’s not the bridge hausted it, and we keep coming back to around that often. But it is here to- cost. It’s the bipartisan effort trying to the same place as before—this bridge, night on the House floor. Bipartisan- get people to agree to make this which makes this legislation nec- ship, this is what I mean by that: you project go forward that increases the essary, and I encourage my colleagues have two Governors, a Republican and cost so dramatically to $600-plus mil- to support it so we all can move on a Democrat, who support this bill. You lion. with our lives. have Senators from Wisconsin and Min- So I think it’s important. You look The SPEAKER pro tempore. The nesota, all four of them, Republicans at this, this is a shovel-ready project. Chair wishes to clarify that each side and Democrats, supporting this bill. Shovel ready. We hear it is going to now has an additional 2 minutes. You have progressives and conserv- create 6,000 new jobs over the course of Ms. MCCOLLUM. Could you please atives in this Chamber who have all 3 years. And it is far from rushed. We tell me how many minutes I have be- come out in support of this bill. You have talked about this, again, for dec- sides the 2. have Vikings and Packers supporting ades. And I think when people would The SPEAKER pro tempore. The gen- this bill. This is a remarkable day. say it is a bad bill or a controversial tlewoman from Minnesota has 6 min- Listen, we go so far, you have the bill, it’s important to note Republican utes remaining. The gentleman from AFL–CIO and local chambers together and Democrat Senators, Governors, Wisconsin has 101⁄2 minutes remaining. supporting this bill. This is remark- Congressmen, communities have ral- Ms. MCCOLLUM. I yield myself 2 able. We haven’t seen this kind of bi- lied around this project. minutes. partisanship in the 15 months that I’ve Let’s get it done. Let’s finally build As I said at the beginning of this de- been here. This is a great bill. This gets the St. Croix River bridge. bate, this bill, S. 1134, is a bad bill. It the job done because people are doing Ms. MCCOLLUM. Mr. Speaker, I reflects our irresponsible fiscal policy, what their constituents asked them to would like to state for the record that bad transportation policy, and bad en- do, which is work together. It makes I have seven bridges in my congres- vironmental policy. sense. sional district with hundreds of thou- The way the law has been structured This is working across party lines for sands of car trips a day in worse condi- into making this moment happen a very important reason. It’s because tion than the lift bridge in Stillwater. specifies only one type of bridge could we all in this region understand the This mega-bridge also will feed directly be built, and it had to be a bridge that importance of bridges and what hap- into Minnesota State Highway 36. Tens went 65 miles an hour. And then the pens when something goes wrong. We of thousands of my constituents along legislation before us today takes it all remember I–35 between Minneapolis Highway 36, Oakdale, Maplewood, even farther and for the first time puts and St. Paul that had a sufficiency rat- Roseville, North St. Paul, and Little in that a bridge that is going to be a ing of 50, 50 out of 100. And a few years Canada will be suffering with crippling replacement bridge in a wild and scenic ago, we remember that bridge col- traffic congestion and higher property river must be an extradosed bridge. It lapsed. We remember seeing the devas- taxes to pay to relieve that congestion. mandates the size and the scope of the tation of that bridge when it collapsed. This is a bad piece of legislation. I urge bridge. Ladies and gentlemen, we just But a rating of 50 out of 100. my colleagues to oppose it.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2551 I would ask how much time I have re- that they didn’t think that a bridge Congressional approval, the project will con- maining and of Mr. PETRI how many would look good built on this river, and tinue to face the government redtape and law- more speakers he has left. that’s in spite of the fact that there’s suits that it’s seen over the past 20 years. b 1920 already a bridge that’s here on this The St. Croix River Crossing Project before river. This is a wide part of the river. us is a bipartisan project, with strong bipar- The SPEAKER pro tempore. The gen- This is the river that is literally the tisan support. All four Senators from our tlewoman has 4 minutes remaining. birthplace of Minnesota. As long as States, each State’s governor and numerous Mr. PETRI. Mr. Speaker, at this people have been in the State of Min- colleagues of mine all publically proclaim their time, I would like to yield 4 minutes to nesota, Stillwater is the birthplace. support for this commonsense project. It Representative BACHMANN from the I’ve been working on this issue as a doesn’t get more bipartisan than this. neighboring State of Minnesota, a young mother living in this commu- A recent survey of residents in the region strong proponent of the legislation be- nity, as an activist citizen who saw shows an overwhelming 86% of people sup- fore us. what a commonsense project this is. port the project. Ms. MCCOLLUM. Mr. Speaker, as Representative MCCOLLUM has talked The bill before us doesn’t appropriate a Representative BACHMANN approaches about this being a mega-bridge. This is nickel. This is no earmark. Instead, it allows a the well, the gentleman from Wis- a four-lane bridge. And after all, why commonsense, bipartisan project to proceed. consin has the right to close, and I wouldn’t you build a four-lane bridge I urge my colleagues to support S. 1134 be- would like to know how many other when you have a four-lane highway on cause this is the final hurdle and our magic speakers he has. Minnesota connected to a four-lane moment. Together, we can build this. The SPEAKER pro tempore. How highway in Wisconsin? Representative Ms. MCCOLLUM. Is the gentleman many speakers does the gentleman MCCOLLUM is suggesting that we should from Wisconsin prepared to close after have? be building a two or a three-lane the last speaker that I have on my Mr. PETRI. One, who is before us. bridge. Why would you build a bridge side? The SPEAKER pro tempore. The gen- that would be obsolete the day that it’s Mr. PETRI. I am prepared to close tleman has one. opened? You would build a common- after you finish, yes. Ms. MCCOLLUM. And are you closing sense, four-lane bridge to connect two Ms. MCCOLLUM. Mr. Speaker, I yield or is Representative BACHMANN clos- four-lane highways. as much time as remains to my col- ing? This is also a center for industry in league from Minneapolis, Mr. ELLISON, Mr. PETRI. I have reserved, I think, this region. We have not only the pris- who faced firsthand the tragedy of 30 seconds. on, the State prison; we have also one what happens when a bridge collapses. Ms. MCCOLLUM. I have one other of the largest window manufacturers in As I pointed out, I have seven bridges speaker, then, after Mrs. BACHMANN. the world, we have the sewer treatment that have hundreds of thousands of The SPEAKER pro tempore. The plant, the water treatment plant, and cars every day on them in worse shape Chair recognizes the gentlewoman from we have a marina. This is the place than the Stillwater bridge. Minnesota. that has been the site that’s been se- With that, I yield to the gentleman Mrs. BACHMANN. Thank you, Mr. lected as the perfect place to build this from Minneapolis. Speaker. bridge to connect these two commu- The SPEAKER pro tempore. The gen- I’d like to have the RECORD reflect nities. tleman from Minnesota is recognized very clearly that if Representative As we’ve heard before, this is an area for 4 minutes. MCCOLLUM gets her way, she will kill that has a bridge that currently has a Mr. ELLISON. Mr. Speaker, I stood building the bridge over the St. Croix safety rating that’s far below the safe- on a highway called highway 7 on Fri- River. As we all know, and as our office ty rating of the bridge that collapsed day at a bridge that was rated a 23 out has been told, this is one of the long- in Minneapolis in 2007. We have a his- of 100 scale. That bridge, 73 years old, est, if not the longest, unfinished toric opportunity, a once-in-a-lifetime in desperate need of repair, is des- bridge projects in the history of the magic moment when we have Gov- ignated structurally deficient. But I ernors that are Republican and Demo- United States. That’s why it’s come to could go to another bridge within crat, Senators that are Republican and this point, Mr. Speaker, where we actu- walking distance of my home over the Democrat, representatives that are Re- ally have to go to Congress to get per- Mississippi River only a few blocks publican and Democrat, saying, for mission from the Federal Government from where the bridge fell down only a once let’s come together and do what so that the State of Minnesota and the few years ago, but that would be on the people expect. State of Wisconsin can build this com- And why did we get to this point? Bu- Plymouth Avenue. And people who monsense bridge at their own expense, reaucratic red tape. We are here in know the area know Plymouth Avenue. and that’s the point that we’re at. foursquare agreement with the admin- That bridge, Mr. Speaker was and is Not only will Representative MCCOL- istration, saying, let’s get this done on shut down. You cannot drive a car over LUM be acting against the wishes of 86 behalf of the people of these two it. Now, that would only be one of percent of the people that live and re- States. Let’s do what should have been about 1,398 other bridges that are side in the St. Croix River Valley, the done decades ago, and let’s build this structurally deficient in Minnesota responsibility for the increased costs of commonsense bridge. that need repair right now. building this bridge rests squarely on Stillwater, Minnesota is the site of Min- I’m sensitive to bridges that need re- the shoulders of Representative nesota’s birthplace. And now it’s the site of pair because it wasn’t in somebody MCCOLLUM and on her compatriots who what we are told is the longest-running, unfin- else’s district that the I–35 bridge fell— have fought for decades to kill the ished bridge project in the Nation. In the it was in my own. Thirteen Minneso- building of this bridge. 1950s, discussions began for a replacement to tans went to their reward, 100 had se- The cost? The bridge would have cost the current, 1931 Lift Bridge, connecting Min- vere back and other injuries. I am in- $80 million to complete back in 1992 if nesota and Wisconsin, over the St. Croix credibly sensitive to the need to fix our her compatriots wouldn’t have tied River. State’s bridges, our Nation’s bridges, this bridge project up for decades in In 1992, we saw progress. That year, a coa- which is why I am against this project, the Federal courts in nuisance law- lition of residents, businesses, transportation a $700 million bridge when we have suits. And why? Because they said officials and environmental experts, settled on structurally deficient bridges all over there was pollution that was involved. a bridge design to replace the existing Lift the State of Minnesota and all over the And what was this pollution that they Bridge. They proposed a four-lane bridge to United States. This is not a good use of asserted? They said it would be visual connect four-lane highways in both states to taxpayer money. pollution. Visual pollution? Because a be built south of Stillwater. I find it absolutely shocking that all Federal bureaucrat came out to this We are here today for Congressional ap- these fiscal conservatives are lining up river and pointed to the river and said proval for this project to proceed. Without to throw money at this enormously

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2552 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 overly expensive, over-height mega- interest group in the area. As my col- DISTRICT OF COLUMBIA SPECIAL bridge. Where are the anti-earmark ad- league, Representative BACHMANN, ELECTION REFORM ACT vocates around here? Where are the said, the people in Minnesota and Wis- Mr. ISSA. Mr. Speaker, I move to people who call for smaller govern- consin are wondering when we’re going suspend the rules and pass the bill ment? Where are the conservative, to do our job. (H.R. 3902) to amend the District of Co- small ‘‘c,’’ who say, let’s build a right- This is a major hazard now, an old lumbia Home Rule Act to revise the sized bridge that makes sense so that bridge. We saw what happened with timing of special elections for local of- other bridges may be fixed around our other bridges in Minnesota, a growing fice in the District of Columbia, as State? Well, I guess all of that only population, commuter populations amended. matters, Mr. Speaker, when it comes to back and forth in the greater Min- The Clerk read the title of the bill. your own little project or earmark neapolis-St. Paul area. It’s about time The text of the bill is as follows: project. Then all of a sudden it gains a this hazard was removed and we had a H.R. 3902 whole lot of other kind of credibility bridge that we could be proud of and SECTION 1. SHORT TITLE. undiscovered before. that was less intrusive than the one This Act may be cited as the ‘‘District of Mr. Speaker, I think it needs to be that’s there now. Columbia Special Election Reform Act’’. pointed out that this proposed bridge, So I urge my colleagues to pass the SEC. 2. TIMING OF SPECIAL ELECTIONS FOR LOCAL OFFICE IN DISTRICT OF CO- which would carry about 18,000 vehicles legislation before us, and I yield back LUMBIA. a day—that’s important. I feel for the balance of my time. (a) COUNCIL.— those folks, and I want them to have Ms. MCCOLLUM. Mr. Speaker, today the (1) CHAIR.—The first sentence of section their bridge, and I would support a U.S. House of Representatives passed the St. 401(b)(3) of the District of Columbia Home sane and sensible bridge. But the I–35 Croix River Crossing Project Authorization Act Rule Act (sec. 1–204.01(b)(3), D.C. Official bridge much talked about tonight car- (S. 1134) by a vote of 339 to 80. Originally Code) is amended to read as follows: ‘‘To fill a vacancy in the Office of Chairman, the ries 140,000 people every day. Eighteen spearheaded by Congresswoman BACHMANN (MN–06), S. 1134 authorizes construction of a Board of Elections shall hold a special elec- thousand at $700 million versus the I–35 tion in the District on the Tuesday occurring bridge, which cost us about $260 mil- $700 million mega-bridge over the protected at least 70 days and not more than 174 days lion, was built in 1 year—less than a St. Croix River between Minnesota and Wis- after the date on which such vacancy occurs year, and carries 140,000? This is not a consin, benefiting only 18,000 cars per day. which the Board of Elections determines, good use of taxpayer money. It soaks Every policy debate has two sides and I based on a totality of the circumstances, up resources that other people need. It worked hard to reflect the voices of Minneso- taking into account, inter alia, cultural and violates our Scenic and Wild Rivers tans in the Fourth District, as well as those religious holidays and the administrability Act. This is a bad idea. Stillwater and Oak Park Heights residents who of the election, will provide the opportunity are deeply concerned about this mega-bridge for the greatest level of voter participa- Mr. Speaker, I would far prefer if this tion.’’. bill were to go back to committee, go project. (2) MEMBERS ELECTED FROM WARDS.—The through the regular order, be defeated Congress’ passage of this $700 million first sentence of section 401(d)(1) of such Act here on suspension, but go back bridge bill doesn’t diminish its excessive cost, (sec. 1–204.01(d)(1), D.C. Official Code) is through the committee process so some size, negative effect on Highway 36 traffic amended to read as follows: ‘‘In the event of sensible amendments might be offered congestion, or its adverse impact on the St. a vacancy in the Council of a member elect- so this could be a good, decent project Croix River. ed from a ward, the Board of Elections shall perhaps. But that’s not what’s hap- Supporters of this legislation, including Sen- hold a special election in the District on the Tuesday occurring at least 70 days and not ators KLOBUCHAR and FRANKEN, and Governor pening. Suspension is for things that more than 174 days after the date on which are supposed to be uncontroversial. Dayton, assume responsibility for protecting such vacancy occurs which the Board of We’re supposed to be here passing post communities along Highway 36 from crippling Elections determines, based on a totality of offices, but here we are dealing with traffic congestion and the families and busi- the circumstances, taking into account, what is absolutely a controversial nesses of Oak Park Heights from property tax inter alia, cultural and religious holidays piece of legislation on a suspension cal- increases—the direct consequences of the and the administrability of the election, will endar with no chance to amend. project they so strongly championed. provide the opportunity for the greatest I want to thank my friend and Minnesota level of voter participation.’’. b 1930 (3) MEMBERS ELECTED AT-LARGE.—The sec- colleague, Representative KEITH ELLISON (MN ond sentence of section 401(d)(2) of such Act I wish we had that chance, because if 05) for his eloquence on the floor of the we did, I would say we need to come to- (sec. 1–204.01(d)(2)) is amended by striking House in opposition to S. 1134. I share Con- ‘‘and such special election’’ and all that fol- gether as a State, as a Nation, and fix gressman ELLISON’s concern that replacing lows and inserting the following: ‘‘and such all the bridges of this country, all the one bridge at a cost of $700 million to the ex- special election shall be held on the Tuesday bridges of this State, and not just one clusion of more than 1,100 other structurally occurring at least 70 days and not more than big, fat megabridge. deficient bridges in Minnesota places too 174 days after the date on which such va- Mr. PETRI. Mr. Speaker, I would re- many communities and motorists at risk. I am cancy occurs which the Board of Elections mind the gentleman that we have come committed to working with Representative determines, based on a totality of the cir- cumstances, taking into account, inter alia, together. The legislation before us, S. ELLISON, Governor Dayton and all Minnesota 1134, passed the United States Senate cultural and religious holidays and the ad- members of Congress and state legislators to ministrability of the election, will provide by unanimous consent. It has a few repair or replace these substandard bridges. the opportunity for the greatest level of people who seem to have raised some The SPEAKER pro tempore. The voter participation.’’. concerns here, but the fact of the mat- question is on the motion offered by (b) MAYOR.—The first sentence of section ter is that AL FRANKEN, the Senator the gentleman from Wisconsin (Mr. 421(c)(2) of such Act (sec. 1–204.21.(c)(2), D.C. from Minnesota, AMY KLOBUCHAR, the PETRI) that the House suspend the Official Code) is amended to read as follows: Senator from Minnesota, RON JOHNSON, rules and pass the bill, S. 1134. ‘‘To fill a vacancy in the Office of Mayor, the Board of Elections shall hold a special elec- the Senator from Wisconsin, HERB The question was taken. tion in the District on the Tuesday occurring KOHL—Senators from both parties have The SPEAKER pro tempore. In the at least 70 days and not more than 174 days joined together in recognizing the need opinion of the Chair, two-thirds being after the date on which such vacancy occurs and importance and urging their col- in the affirmative, the ayes have it. which the Board of Elections determines, leagues who unanimously supported Ms. MCCOLLUM. Mr. Speaker, on based on a totality of the circumstances, this. It’s about time we did our job that I demand the yeas and nays. taking into account, inter alia, cultural and here in the House of Representatives. The yeas and nays were ordered. religious holidays and the administrability This project has been studied for over The SPEAKER pro tempore. Pursu- of the election, will provide the opportunity for the greatest level of voter participa- 20 years. Representative RON KIND, as ant to clause 8 of rule XX, further pro- tion.’’. he said so eloquently in his statement, ceedings on this question will be post- (c) ATTORNEY GENERAL.—The first sentence has consulted with every conceivable poned. of section 435(b)(1) of such Act (sec. 1

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2553

204.35(b)(1), D.C. Official Code) is amended by mittee, my good friend, Mr. ISSA, and trict the necessary flexibility to make striking ‘‘the Board’’ and all that follows the chair of the subcommittee, Mr. a special election coincide with an al- and inserting the following: ‘‘the Board of GOWDY, for working closely with us on ready scheduled election, reducing the Elections shall hold a special election in the this bill. chance the city would have to schedule District on the Tuesday occurring at least 70 days and not more than 174 days after the I also want to thank my good friends costly multiple elections or do so in date on which such vacancy occurs which the on our side, the ranking member of the too short a time period, and allowing Board of Elections determines, based on a to- full committee, Mr. CUMMINGS, and the the city to maximize voter turnout, for tality of the circumstances, taking into ac- ranking member of the subcommittee, example, by not scheduling the elec- count, inter alia, cultural and religious holi- Mr. DAVIS, for their considerable sup- tion on a religious holiday, and to re- days and the administrability of the elec- port and assistance. duce the time period when residents tion, will provide the opportunity for the Mr. Chairman, like you, I will be are without representation. greatest level of voter participation.’’. brief because you and I are the only Mr. Speaker, this noncontroversial SEC. 3. EFFECTIVE DATE. ones here who have a vote in com- bill, which the committee passed by The amendments made by section 2 shall apply with respect to vacancies occurring on mittee on this matter. voice vote, provides the District with or after the enactment of this Act. The District of Columbia Special the necessary flexibility for holding The SPEAKER pro tempore. Pursu- Election Reform Act is similar to the timely and cost-effective special elec- ant to the rule, the gentleman from legislation I introduced last Congress, tions. It involves no cost whatsoever to which, with the help of the chairman, the Federal Government. California (Mr. ISSA) and the gentle- woman from the District of Columbia was passed without objection by the b 1940 House Committee on Oversight and (Ms. NORTON) each will control 20 min- The District of Columbia Special utes. Government Reform and, with his help, quickly got to the full House for a Election Reform Act is of little, in- The Chair recognizes the gentleman deed, no concern, I dare say, to the from California. vote. Final enactment of the bill was pre- Congress. But the D.C. Council cannot Mr. ISSA. Mr. Speaker, I’ll be brief. amend the Home Rule Charter which Today we’re doing a small and tech- vented not by this House, but by an spells out procedures and structural nical change to everyone except the anonymous hold in the Senate, which matters for setting up the District, so people of the District of Columbia, who fortunately no longer allows such holds the Mayor and the council had to come consistently have to live under a rule in that Chamber. This bill is of great importance to to me to introduce this local bill. that costs the voters and the residents Mr. Chairman, you indicated that of the District of Columbia to expend the District of Columbia, particularly now that the city council is faced with such bills are not exactly congressional enormous additional dollars to have material. I hope that you and I can special elections rather than having an example of a vacancy that this bill was designed to address—and had the work together on a broader D.C. char- the ordinary flexibility to try to com- ter reform bill to give the District the bine their votes at a time in which it bill been passed by the Senate, could have been addressed. However, instead authority to amend such local matters, would be less expensive. such trivial local matters, as far as The bill, which is, if you will, an of holding the special election that we Congress is concerned, on its own, sav- omission under the Home Rule Act, are now required to hold on April 3, the ing Congress from having to spend the provides for the District of Columbia to day of the city’s primary, the District time, its very valuable time at that, on fill vacancies on the first Tuesday 114 must hold a special election on a dif- uniquely local procedural matters af- days after the date of such vacancy oc- ferent day, 1 month after the upcoming fecting only the local government, the curring. Unfortunately, this does not primary election, at a cost to the city of an additional $318,000. District of Columbia. provide the flexibility necessary to I urge passage of the bill, and I re- Although this bill, therefore, cannot time special elections concurrently serve the balance of my time. with other general and primary elec- take effect before the upcoming special GENERAL LEAVE tions. Therefore, this small—and yet election, the bill will provide the Dis- trict with the flexibility in the future Mr. ISSA. Mr. Speaker, seeing that not small to the District of Columbia— there are no further speakers, I ask change will allow them to place the to conduct elections without the re- dundancy of coming to Congress and unanimous consent that all Members election on a Tuesday occurring be- have 5 legislative days in which to re- tween 70 and 174 days of the vacancy. without unnecessary cost to the city. The District of Columbia Special vise and extend their remarks and in- Understand, Mr. Speaker, if there is an clude extraneous materials on the bill ordinary election occurring within that Election Reform Act makes minor changes in the District’s Home Rule under consideration. process, this will cause us to have the The SPEAKER pro tempore. Is there Charter to provide the city greater election on that date. objection to the request of the gen- flexibility to conduct special elections The bill has been carefully consid- tleman from California? ered and passed unanimously by the for vacancies in the office of Mayor, at- There was no objection. committee. Additionally, it’s sup- torney general, council chair, and Mr. ISSA. I reserve the balance of my ported by the entire city council—we’ll other members of the District of Co- time, but I am prepared to close. soon hear from the delegate from the lumbia Council. Ms. NORTON. I thank the chairman District of Columbia—by the Mayor Current law requires that a special again for the haste with which he was and his administration. election be held on a rigid date, the able to get this bill heard today. I want to take just a quick moment first Tuesday occurring more than 114 I have no further speakers, and I am to thank the gentlelady from the Dis- days after a vacancy, offering the Dis- pleased to yield back the remainder of trict of Columbia. It has been, in fact, trict no flexibility. my time. her work with the committee that By the way, Mr. Chairman, there Mr. ISSA. Mr. Speaker, I urge imme- made this technical change one that we were complaints when the District of diate support for this important reform can all live with for the benefit of the Columbia had a special election some for the District of Columbia, and I people who host us in the Federal city. time ago that the election had to be yield back the balance of my time. With that, I reserve the balance of held on a religious holiday. The Dis- The SPEAKER pro tempore. The my time. trict had to say, We can’t do anything question is on the motion offered by Ms. NORTON. I want to thank the about it, because it couldn’t change the the gentleman from California (Mr. chairman of the full committee for his date itself. ISSA) that the House suspend the rules generosity. I want to thank my friends Instead, this bill would establish a and pass the bill, H.R. 3902, as amend- on both sides of the committee for range during which a special election ed. their assistance with H.R. 3902, espe- may be conducted. That range would be The question was taken; and (two- cially the chairman of the full com- between 70 and 174 days, giving the Dis- thirds being in the affirmative) the

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2554 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 rules were suspended and the bill, as Whereas from September 25 to September Everyone has the right to freedom of amended, was passed. 28, 2011, an Iranian court held hearings to de- thought, conscience and religion; this right A motion to reconsider was laid on termine if Youcef Nadarkhani was a prac- includes freedom to change his religion or the table. ticing Muslim in adulthood, and held that he belief, and freedom, either alone or in com- had abandoned the faith of his ancestors and munity with others and in public or private, f must be sentenced to death if he does not re- to manifest his religion or belief in teaching, CONDEMNING IRAN FOR ITS PER- cant his faith; practice, worship and observance. SECUTION OF YOUCEF Whereas on numerous occasions the judici- Iran was one of the original signers NADARKHANI ary of Iran offered to commute Youcef of the declaration and has not removed Nadarkhani’s sentence if he would recant his their country from the agreement, Mr. PITTS. Mr. Speaker, I move to faith; suspend the rules and agree to the reso- even through changes in government. Whereas numerous Government of Iran of- In October of 2009, Youcef lution (H. Res. 556) condemning the ficials have attempted to coerce Youcef Nadarkhani was alarmed to find out Government of Iran for its continued Nadarkhani to recant his Christian faith and that his children were being forced to persecution, imprisonment, and sen- accept Islam in exchange for his freedom; participate in Islamic religious in- tencing of Youcef Nadarkhani on the Whereas Youcef Nadarkhani continues to charge of apostasy, as amended. refuse to recant his faith; struction at their local school. The Clerk read the title of the resolu- Whereas the Government of Iran continues Pastor Youcef had no radical reac- to indefinitely imprison Youcef Nadarkhani tion. tion to this revelation. Indeed, he only for choosing to practice Christianity; and went to the school and asked that his The text of the resolution is as fol- Whereas the United Nations Special lows: children be granted their rights under Rapporteur on the situation of human rights the Iranian Constitution to freedom of H. RES. 556 in Iran has reported that, at the time of his religion. These rights explicitly in- Whereas the United Nations Universal Dec- report, on October 19, 2011, Iran had secretly laration of Human Rights and the Inter- executed 146 people during that calendar clude parents’ rights to bring up chil- national Covenant on Civil and Political year, and in 2010, Iran secretly executed dren under the religious teaching of Rights recognize that every individual has more than 300 people: Now, therefore, be it the family. ‘‘the right to freedom of thought, conscience Resolved, That the House of Representa- For the crime of asking that his and religion’’, which includes the ‘‘freedom tives— rights be respected, Pastor Youcef was to change his religion or belief, and freedom, (1) condemns the Government of Iran for summoned to a tribunal. There he was either alone or in community with others its ongoing and systemic violations of the arrested and charged with unlawful and in public or private, to manifest his reli- human rights of the Iranian people, includ- protesting. This charge was later gion or belief in teaching, practice, worship ing the state-sponsored persecution of reli- changed to apostasy. and observance’’; gious minorities in Iran, and its continued After almost a year in prison, Pastor Whereas Iran is a member of the United failure to uphold its international obliga- Nations and signatory to both the Universal tions, including with respect to the Uni- Youcef was convicted and sentenced to Declaration of Human Rights and the Inter- versal Declaration of Human Rights and the death. A panel of judges demanded that national Covenant on Civil and Political International Covenant on Civil and Polit- he recant his faith. When confronted Rights; ical Rights; with this demand, Pastor Youcef stat- Whereas the United Nations Special (2) calls for the Government of Iran to ex- ed, ‘‘I cannot.’’ Rapporteur on the situation of human rights onerate and immediately and uncondition- While it is difficult to peer past the in Iran has reported that religious minori- ally release Youcef Nadarkhani and all other gates of an Iranian prison, we have ties, including Nematullahi Sufi Muslims, individuals held or charged on account of some evidence that there has been con- Sunnis, Baha’is, and Christians, face human their religious or political beliefs; tinued pressure on Pastor Youcef to re- (3) calls on the Administration to des- rights violations in Iran; cant and that there may have been at- Whereas in recent years, there has been a ignate additional Iranian officials, as appro- significant increase in the number of inci- priate, for human rights abuses pursuant to tempts to trap him into blaspheming dents of Iranian authorities raiding religious section 105 of the Comprehensive Iran Sanc- Islam. Despite this pressure, he has re- services, detaining worshippers and religious tions, Accountability, and Divestment Act of mained faithful. leaders, and harassing and threatening mem- 2010 (Public Law 111–195); and With our religious freedom protected bers of religious minorities; (4) reaffirms that freedom of religious be- by the First Amendment, it is difficult Whereas the United Nations Special lief and practice is a universal human right for any of us to imagine what Pastor Rapporteur on the situation of human rights and a fundamental individual freedom that Youcef has been going through, torn in Iran has reported that Iranian intelligence every government must protect and must away from his children and family, officials are known to threaten Christian never abridge. placed in a high-security prison, with converts with arrest and apostasy charges if The SPEAKER pro tempore. Pursu- the likely outcome being the hang- they do not return to Islam; ant to the rule, the gentleman from Whereas the Department of State’s most man’s noose. Pennsylvania (Mr. PITTS) and the gen- recent report on International Religious Today, we’re not asking Iran to re- Freedom, released on September 13, 2011, tleman from New York (Mr. HIGGINS) spect our laws or our conventions. states that Iran’s ‘‘laws and policies severely each will control 20 minutes. We’re asking them to abide by the restrict freedom of religion,’’ and notes The Chair recognizes the gentleman agreements at the United Nations that ‘‘government imprisonment, harassment, in- from Pennsylvania. they have signed on to. timidation, and discrimination based on reli- GENERAL LEAVE The authorities in Iran are not proud gious beliefs’’ including ‘‘death sentences for Mr. PITTS. Mr. Speaker, I ask unani- of sentencing Pastor Youcef to death. apostasy or evangelism’’; mous consent that all Members may Indeed, the Iranian Government Whereas in October 2009, Youcef have 5 legislative days in which to re- doesn’t even want their own people to Nadarkhani, an Iranian Christian, protested an Iranian law that would impose Islam on vise and extend their remarks and in- know that Pastor Youcef has been his Christian children; clude extraneous material on this charged for practicing his religion. Whereas in September 2010, an Iranian measure. State media have actually reported court accused Youcef Nadarkhani of aban- The SPEAKER pro tempore. Is there that he is charged with rape and extor- doning the Islamic faith of his ancestors, and objection to the request of the gen- tion, not apostasy. condemned him to death for apostasy; tleman from Pennsylvania? Millions of Iranians are members of a Whereas the Iranian court sentenced There was no objection. minority religious group. Sunni Mus- Youcef Nadarkhani to death by hanging; Mr. PITTS. I yield myself such time lims, Christians, Jews, and Whereas on December 5, 2010, Youcef as I may consume. Zoroastrians are all proud to call Iran Nadarkhani appealed his conviction and sen- Mr. Speaker, I want to thank the home. They want to live in peace with tence to the Supreme Revolutionary Court in Qom, Iran, and the court held that if it leaders on both sides of the aisle for al- their neighbors, and they want to fol- could be proven that he was a practicing lowing this resolution to come to the low the law, but they cannot do so Muslim in adulthood, his death sentence floor so promptly. when their faith is under assault. should be carried out unless he recants his Article 18 of the Universal Declara- This evening, I’m proud that we have Christian faith and adopts Islam; tion of Human Rights reads: bipartisan support for this resolution.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2555 I’m proud to join with Representative aisle have worked together on this sion that would kill him simply be- KEITH ELLISON on this resolution. We issue. I know many times the Amer- cause he professed his faith in Christi- stand together tonight in support of ican people get frustrated with what anity. It’s wrong. I don’t say it as an basic human rights, and we appeal to goes on here in Washington, but this is American only, I say it as a citizen of the highest authorities in Iran to spare a time when Democrats and Repub- this small planet we live on, that every the life of Youcef Nadharkani. licans have come together, Mr. Speak- human being should be able to worship Please let this father return to his er, and worked together, and I think and seek the divine as they see fit. wife and his children. Further still, let this is certainly a crucial thing that Pastor Youcef deserves to be free. the Iranian people freely practice their we’re doing tonight. Pastor Youcef must be released. Pastor faith. Stand by your commitments to Few times, Mr. Speaker, do Members Youcef needs to walk out of that pris- your people and to the world. of Congress have the opportunity to on, grab his cross, go to his church, and With that, I reserve the balance of work on life-and-death issues. I would lead his congregation in prayer, freely. my time. tell my colleagues tonight, Mr. Speak- He should be able to do it in his home- Mr. HIGGINS. I yield myself as much er, tonight is one of those issues. town in a local church. time as I may consume. As has already been said by Mr. All of us, no matter who you may be Mr. Speaker, I rise in strong support PITTS, this is an issue where a pastor, on this planet, you must stand for that of this important resolution. I would Pastor Youcef Nadarkhani, is in prison idea, because if it can’t be for one, it like to join my colleagues in calling for because of his belief. can’t really be for any. We have to the immediate release of Youcef There are few things in life that a stand together, people of all faiths, all Nadarkhani and all of the other indi- government can provide for its citizens cultures, and all backgrounds and viduals who are held or charged on ac- that’s more important than religious ethnicities and say that the right to count of their religion. expression and a simple ability to wor- seek the divine as you see fit must be I would also like to send a message to ship as one chooses. That is why the an essential component of the human Pastor Youcef’s family. Please know support of this resolution tonight is so experience. I also say a word of caution, and that that the United States stands behind important, House Resolution 556. is that the regime in Iran uses opportu- you, and we will do all we can to see We would ask that the people of this nities to deprive the people of human that Youcef is set free. country, Mr. Speaker, would remember rights whenever they claim that Mr. Speaker, it is difficult to com- not only Pastor Youcef but other citi- there’s a threat of war looming. I urge prehend in this day and age that there zens of Iran and other countries around diplomacy because I think that when- are nations in which one is not free to the world that sit in the same position ever they can claim that they are practice the religion of their choosing. as Pastor Youcef does. under military threat, this allows them And in Iran, freedom of religion is not But tonight, we focus on Pastor to crack down on any dissenter and try the only right Iranian citizens are de- Youcef. We ask the leadership in Iran to set aside this ruling and release Pas- to use people like Pastor Youcef as an nied. The Iranian regime also con- example so that other people will not tor Youcef, and also that he can be re- tinues to maintain severe restrictions freely express themselves and claim united with his wife and his two young on freedom of expression, association, their God-given right not only to free- boys who are there in Iran. and assembly. dom of faith but to freedom of expres- Thank you, Mr. Speaker, for the op- Tehran maintains strict control over sion, the right to a fair trial. portunity to speak tonight. I urge my domestic and international media, You know, we come together in this aimed at reducing Iranians’ contact colleagues to support this resolution. place, this Congress that we’re all in, Mr. HIGGINS. Mr. Speaker, I yield 5 with the outside world. And individuals and sometimes we debate taxes, and minutes to the gentleman from Min- and groups risk arrest, torture, impris- sometimes we debate where bridges onment for political protesting or co- nesota (Mr. ELLISON). should go, and we debate all kinds of Mr. ELLISON. Mr. Speaker, tonight operating with foreign human rights stuff. But I pray that there will never we come together, Republicans, Demo- organizations. be a debate about the simple right of crats, Muslims, Christians, and Jews, b 1950 every individual to worship and see to stand for a very simple idea, and God as they see fit or not to. Women’s and minority rights activ- that idea is that it ought to be the case I just am particularly saddened when ists and other human rights defenders, that a person can freely profess their I think about how the early Muslim lawyers, journalists, and students are faith. It ought to be the case that no community, and Iran professes Islam, regularly arrested and harassed. Once matter what your religion is, it’s dear but early Muslims, the first Muslims imprisoned, detainees are ill-treated to you, and you should not be punished were persecuted in their home of Mecca and tortured. These are just a few ex- for professing it publicly wherever you 1,400 years ago, and they fled their amples of the repressive tactics of the are. country, and they sought out their Iranian regime. We must continue to You know, I have not really sought freedom of their faith in a distant land speak out against these injustices and out a lot of attention for my own faith, ruled by a Christian king in Ethiopia, call on our friends and allies to do the but I got some of it anyway, and the and there they found sanctuary under same. fact is that I feel so privileged to be an that Christian king. Mr. Speaker, once again, I ask Iran American where I can, for the first When their prosecutors and tormen- to immediately release Pastor Youcef time ever, when I was sworn in, use a tors crossed the Red Sea and came into and end its State-sponsored persecu- book of my faith. Africa and went to that king with tion of religious minorities. As I heard about the story of Pastor bribes and said, Give us these people I reserve the balance of my time. Youcef, I thought to myself, wow, you back, they’re renegades, that Christian Mr. PITTS. Mr. Speaker, I yield 2 know, here I am a Muslim in a Chris- king listened to those early Muslims minutes to a champion of human tian majority country free to swear in and said, You know what? These people rights, the gentleman from Alabama on a Koran when I came to Congress, are under my protection. You can go (Mr. ADERHOLT), chairman of the Ap- and there he is a Christian facing the home. propriations Subcommittee on Home- death penalty simply for professing his I only wish tonight Pastor Youcef land Security and a member of the Hel- faith. could get a return of that sanctuary in sinki Commission. Pastor Youcef, he’s a husband, he’s a his own land. Mr. ADERHOLT. I want to thank my father. He has two young children. Mr. PITTS. Mr. Speaker, I yield 2 colleague, the gentleman from Penn- They’re not even teenagers. They’re 7 minutes to the gentleman from Vir- sylvania, for his work on this in au- and 9 years old. I know they must be ginia (Mr. FORBES), chairman of the thoring this resolution. I think, as Mr. incredibly proud of their father, who Armed Services Subcommittee on PITTS mentioned, both sides of the would stand up against forces of repres- Readiness.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2556 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 Mr. FORBES. Mr. Speaker, I first Is there not a common bond among that the Americans have in the right of want to compliment Congressman those who feel the anxiety of worrying the freedom of religion. PITTS and Congressman ELLISON for whether a sick child will be healed? So we ask, we implore, the authori- their leadership in this matter and to Is there not a common bond of the ties in Iran: free Pastor Youcef. Keep recognize tonight, Mr. Speaker, as we immense pride that a mother or a fa- faith with the documents you’ve go through our busy lives, we often ther feels when their children achieve signed. Free him. Return him to his take for granted the privilege of living some hard-fought goal? family. in a Nation that’s governed by Found- Is there not a common bond of the I urge support, Mr. Speaker, of the ers who realized there were a set of empty and hurtful feeling that people Members for House Resolution 556. rights so fundamental, so much at the know that someday they will have to With that, I yield back the balance of core of life itself that they could not depart from the children they love so my time. come from any State or any govern- dearly? Mr. SMITH of New Jersey. Mr. Speaker, a ment but had to come from the hands That day is coming all too soon for young Christian pastor sits today in prison in of the Creator of life himself. Pastor Youcef if those who are mothers Iran—separated from his wife and young chil- At the center of these rights, some and fathers, who are his captors, do not dren, facing the death penalty—because he would say the foundation of them, is consider that ineffable human bond. will not lie about his beliefs. He will not lie the freedom of religion. As we travel This is a man who tonight sits in even to save himself. around the world and see other citizens prison awaiting execution because he He will not lie even to spare his family suf- who do not have these rights, we may loved his children enough to insist that fering. He is a man of extraordinary conviction. be saddened or even angered, but when they be free to worship as he and his A man of decision. A man who knows what he the government of any nation of the family thought they ought to worship. believes. Youcef Nadarkhani will follow his world is so dangerous to the lives of its This is labeled as ‘‘apostasy.’’ The act conscience though it cost him everything. citizens that it’s willing to rob one of of his arrest and impending execution Iranian courts have repeatedly asked him, those citizens of life itself merely be- is a monstrous act of inhumanity. on pain of death, to reject his Christian faith cause he will not recant his faith, we We do not appeal to the law, though and say that he believes in Islam. He re- not only feel sadness and anger, but it is on our side. We do not deal from sponds, ‘‘I cannot.’’ also fear. political consensus, although I believe The resolution (H. Res. 556) on the floor Tonight, the citizens of Iran should it exists in and out of this country. Our this evening is not an attempt to say which re- be afraid of such an oppressive and dan- appeal is based on the simple, ineffable ligion is right. Rather, this is a resolution that gerous government. Tonight, the quality that parents have an innate affirms that Youcef Nadarkhani has the God- neighbors of Iran should be afraid of right to love their children. This man given right—even the responsibility—to believe such an oppressive and dangerous gov- has been deprived of this right. That as his conscience directs him. ernment. deprivation should not exist for an- No human government should interfere. other hour, another day, another mo- Iran is a member of the United Nations and b 2000 ment. signatory to both the Universal Declaration of Tonight, the citizens of the world We will stand strong and united in Human Rights and the International Covenant should be afraid of such an oppressive calling for the humane release of Pas- on Civil and Political Rights. Both documents and dangerous government. tor Youcef, and we pray tonight that affirm that that every individual has ‘‘the right They should condemn this govern- that wish will be granted by his cap- to freedom of thought, conscience and reli- ment for its actions. They should stand tors, who must understand that they gion,’’ which includes the ‘‘freedom to change with this pastor, and they should join have that same ineffable love. his religion or belief, and freedom, either alone hearts with people of all faiths around Mr. PITTS. I would like to inquire of or in community with others and in public or the world to pray for his life and his the gentleman if he is prepared to yield private, to manifest his religion or belief in safety. back. I am prepared to close. teaching, practice, worship and observance;’’ Every Member of this body should Mr. HIGGINS. Mr. Speaker, I have no Under international law voluntarily agreed to adopt this resolution. further requests for time, and I yield by Iran, Youcef Nadarkhani has the right to Mr. HIGGINS. Mr. Speaker, I yield 3 back the balance of my time. change his religion. minutes to the gentleman from New Mr. PITTS. I yield myself the bal- He was free to change from Islam to Christi- Jersey (Mr. ANDREWS). ance of my time. anity. He is free to change back. Mr. ANDREWS. I thank my friend for Tonight, as Pastor Youcef sits in But the government of Iran is NOT free to yielding and my friends from Pennsyl- prison, awaiting a hangman’s noose, I force him in either direction. Iran has made a vania and Minnesota for sponsoring want him to know and the people of commitment to leave men like Youcef this bill. Iran to know and the people of the Nadarkhani in peace. This resolution calls on Tonight, we stand united and strong world to know that we stand with him. Iran to follow international law. for the release of Pastor Youcef. Al- Our thoughts and our prayers are with Iran sets aside seats in its Parliament for though the legal case for his release is him. Christians and permits hundreds of churches overwhelming, as Mr. PITTS has out- I would say to those international to function across the country. And yet it also lined, we do not rely on the law in our guests who might watch this telecast cracks down on religious minorities, falsely plea. Though our political convictions that you will never understand Amer- seeing them as a security threat. shared among everyone on both sides of ica until you understand that, in our The most recent U.S. State Department Re- the aisle I believe here are deep, our Constitution, the very First Amend- ligious Freedom Report lists numerous cases appeal is not based on politics. Instead, ment contains the freedom of religion, of arrest and detention of Christians, both lay our appeal is based on the ineffable not the freedom from religion. It con- people and leaders. For instance: human quality of the loving bond be- tains the freedom of religion. It is not On April 11, 2010, government agents ar- tween a parent and his children. our Second, our Sixth, our 16th, or our rested 19-year-old Daniel Shahri, a Christian, Whether one worships in a mosque, a 26th Amendment. It is our First on the basis of insulting Islam. Shahri was temple, a church, a synagogue, or some Amendment. It is the first thing men- able to contact his parents on April 14, 2010, other forum not known to us, whether tioned in the First Amendment—the while being held in a prison in Isfahan. He one chooses not to worship at all, freedom of religion: Congress shall not was released on April 24, 2010 on bail and whether one lives on any of the con- act to establish a religion and shall not awaits a trial date . . . tinents of the world, practices any of prohibit the free exercise thereof. That On January 8, 2010, the Fars Provincial the political ideologies of the world, is Ministry of Intelligence detained an un- comes before the freedom of the press known number of persons who were report- there not a common bond among those or speech or assembly or petition of edly Christians. Under interrogation the de- who feel the overwhelming love when grievances. tainees gave the names of those leading they first hold their daughter or their If you want to understand America, Christian groups in the area leading to fur- son? you must understand this basic belief ther arrest.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2557 On December 24, 2009, Pakdasht security Rights, of which Iran is a signatory, allows for serve his three-year prison sentence. The cen- forces raided a home-church gathering and the ‘‘right to freedom of thought, conscience tral prison of Kermanshah is described as hor- arrested the 15 members who were in attend- and religion’’ and this right includes the free- rendous and sickening by knowledgeable ance. All 15 were released in early January dom to change religion or belief. I would like sources. with orders to return to sign documents. Mr. Speaker, the cases described above Upon returning three were rearrested and to note that Pastor Yousef was imprisoned held until March 17 when they were released and charged with apostasy in direct violation would largely go unnoticed and the persecuted ... with the international standards that Iran had would be forced to suffer if we are silent. The report of the U.S. Commission on Inter- accepted. The fundamental right of religious Given our own freedoms in America and the responsibility to represent the concerns of our national Religious Freedom underscores the freedom, furthermore, is enshrined in Iran’s constituents who are concerned with the suf- danger to Muslim converts to Christianity in Constitution in Articles 13, 14, and 23. fering of persons and families abroad, I be- Iran and a recent increase in arrests. This re- Mr. Speaker, the Pitts-Ellison resolution con- lieve we have a personal responsibility to port, issued in May 2011, indicates that: demns the Iranian government, one of the stand up for justice and support those who are Since June 2010, more than 250 Christians most horrific perpetrators of religious freedom have been arbitrarily arrested throughout violations, for its repression of religious minori- persecuted. I would also urge other world the country.... In December 2010 and Janu- ties. It focuses, in particular, on the case of leaders to not wait to speak out on behalf of ary 2011 alone, approximately 120 Christians Pastor Yousef Nadarkhani, a Christian with Pastor Yousef and his universal right of reli- were arrested.... During the reporting pe- the Church of Iran denomination, who faces gious freedom until it is too late. riod, the number of incidents of Iranian au- imminent execution for his faith. Pastor Mr. Speaker, Alexander Hamilton, one of thorities raiding church services, harassing Yousef’s arrest and imprisonment resulted the architects of our Republic, said, ‘‘The sa- and threatening church members, and arrest- from questioning the mandate from the gov- cred rights of mankind are not to be rum- ing, convicting, and imprisoning worshippers maged for among old parchments or musty and church leaders has increased significantly. ernment of Iran that all school children be taught Islamic teachings. records. They are written, as with a sunbeam, Christians, particularly Evangelical and in the whole volume of human nature, by the other Protestants, are subject to harass- Mr. Speaker, one of the most precious ment, arrests, close surveillance, and impris- rights parents can have is having the freedom hand of the divinity itself; and can never be onment; many are reported to have fled the to educate their own children and bring up erased.’’ country. (emphasis added) their children the way they believe is best for Mr. Speaker, may the right of religious free- dom touch those around the world and per- Tragically, Youcef Nadarkhani is not the their family. Pastor Yousef was not given this sons of all faiths, and may future generations only believer in prison. He is just the only one foundational right to instill in his children a re- walk in the sunlight of that most inalienable we know of who is facing the death penalty for spect for freedom of religion and conscience. As the author of The Children’s Hope Act, I and universal freedom. apostasy. Mr. BERMAN. Mr. Speaker, I rise in strong Whatever the political conflicts between the know how critical it is for parents to make their support of H. Res. 556, which condemns the own independent decisions about the edu- United States and Iran, whatever the tensions Government of Iran for its persecution, impris- cation of their children. No parent should have over weapons—human rights do not change. onment, and sentencing to death of Pastor Iran’s signature on the Universal Declaration to face death, as is the situation for Pastor Youcef Nadarkhani. of Human Rights and the International Cov- Yousef, just for asking his government to grant Pastor Youcef is a 34-year old father of two enant on Civil and Political Rights has not him freedom of religion, even if that freedom who was arrested over two years ago for the changed. of religion was narrowly defined to the free- crime of converting from Islam to Christianity. All nations, including Iran, must respect the dom to educate and practice his faith in his In October 2009 he was tried and found guilty consciences and religious freedom of their citi- own home. of apostasy—and sentenced to death-by- zens—and not practice religious coercion. Mr. Speaker, the case of Pastor Yousef is hanging. More recently, the Iranian Supreme Youcef Nadarkhani is not a political pawn. only one of many other deplorable religious Court upheld the sentence. He is a person—a person being prayed for by freedom cases in Iran. A close personal friend Iranian law requires that a man accused of citizens around the world. of Pastor Yousef and a member of the Council apostasy be given three chances to recant his Tonight, the U.S. Congress stands with him of Elders for the Church of Iran described the beliefs and return to Islam. Pastor Youcef was and with all people of conscience, calling on egregious situation for Christians in the Middle given his three chances. In every instance, the Government of Iran to release him and en- East as strikingly similar to ‘‘the final decision Youcef refused. Nothing, not even the threat sure his safety. in Germany,’’ when the Nazis religiously and of death, would discourage him from remain- Mr. FRANKS of Arizona. Mr. Speaker, at no racially ‘‘cleansed’’ German society of the ing true to his faith. He proved himself as reli- other point in recent history has it been more Jews. This elder ended by saying that the giously committed as he is physically, and crucial for Congress to take action on inter- ‘‘international reaction [to the religious cleans- morally, courageous. national religious freedom. I would like to ing in the Middle East] is also like the time of Mr. Speaker, last September President deeply thank my colleagues, Congressmen Hitler. They waited and didn’t react until it was Obama said, Pastor Nadarkhani has done JOE PITTS and KEITH ELLISON, for sponsoring too late.’’ In Iran, at least 285 Christians were nothing more than maintain his devout faith, H. Res. 556 that addresses religious freedom arrested during the first half of 2011 without which is a universal right for all people. . . . in Iran. These vital issues deserve our imme- reaction. A decision to impose the death penalty would diate attention as we see religious persecution Mr. Speaker, one such case of the silently further demonstrate the Iranian authorities’ escalate internationally: in Iraq, for instance, persecuted is Masoud Delijani, a school teach- utter disregard for religious freedom, and high- Assyrian Christians were brutally murdered in er in Kermanshah, Iran, who was arrested by light Iran’s continuing violation of the universal their church and continue to be directly tar- plain clothes intelligence officers in March rights of its citizens. geted by terrorist organizations; some have 2011. He was arrested, together with his wife Mr. Speaker, the resolution before us con- even been attacked and murdered on their and nine other Christian converts, when they demns the Government of Iran for its state- own front doorstep. In China, thousands of had gathered in a house church for a service. sponsored persecution of religious minorities Christians and Falun Gong practitioners are He was held in solitary confinement and was and for its repression of freedom of thought forced into re-education through labor camps severely pressured both mentally and phys- and of religion, and calls for the immediate re- while the lawyers that try to defend them are ically. The court eventually charged him with lease of Youcef Nadarkhani and of all other in- often imprisoned. Uygur Muslims and Tibetan having faith in Christianity and for holding ille- dividuals held or charged on account of their Buddhists are targeted as separatists because gal house church gatherings. religion. of their faith. Mr. Speaker, the Revolutionary Court of The House of Representatives should stand Mr. Speaker, commitment to religious free- Kermanshah province recently sentenced in solidarity with Pastor Youcef. I encourage dom is not just for one faith community but for Masoud Delijani to three years in prison. all of my colleagues to support this important people of all confessions throughout the world Sources report that his trial was anything but resolution. and across political lines. Religious freedom is fair: he was denied the right to choose his Mr. WOLF. Mr. Speaker, I rise in strong not only for Americans or Christians or Repub- own advocate or defend himself against the support of H. Res. 556, a resolution con- licans or Democrats, it is a sacred right for all charges levied. Masoud Delijani is now being demning the government of Iran for its ongo- humanity. The U.N. Declaration of Human held in Deizal-Abad prison of Kermanshah to ing repression of religious minorities, including

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00075 Fmt 0688 Sfmt 9920 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2558 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 34-year-old Pastor Youcef Nadarkhani. I was It is deplorable, and this House should de- APPOINTMENT OF MEMBERS TO an original cosponsor of this resolution, and nounce it in the harshest of terms. Pastor BOARD OF VISITORS OF THE thank my friend Congressman PITTS for intro- Youcef deserves to be free. He deserves to UNITED STATES MILITARY ducing this important legislation. practice his faith and be home with his wife ACADEMY Just this past week, Iranian authorities re- and young children. He deserves to have his The SPEAKER pro tempore. The newed an order of execution for Christian Pas- rights as a human being upheld and re- Chair announces the Speaker’s ap- tor Youcef Nadarkhani, a young father of two. spected. pointment, pursuant to 10 U.S.C. Pastor Nadarkhani was originally arrested in I urge a yes vote on H. Res. 556. 4355(a), clause 10 of rule I, and the 2009 for protesting the teaching of Islam at order of the House of January 5, 2011, of the public school that his children attended. Mr. RIGELL. Mr. Speaker, Youcef the following Members of the House to He was later charged with apostasy which car- Nadarkhani is a Christian pastor in Iran who at the Board of Visitors of the United ried a much more severe penalty. Since 2009 this very moment is under sentence of death States Military Academy: he has been subjected to repeated attempts to for refusing to convert to Islam. As a matter of Mr. HINCHEY, New York; coerce him to recant his faith—which he has conscience, Pastor Youcef’s story must be Ms. LORETTA SANCHEZ, California. courageously refused to do. Rather, Pastor boldly told in this chamber and in every place Nadarkhani’s perseverance in the face of this where human rights are valued. His story re- f injustice is a source of great inspiration. In a minds us of the blessings of liberty which we FREEDOM OF RELIGION 2010 letter from prison, he wrote that the true enjoy and sometimes take for granted. It re- (Mr. PEARCE asked and was given believer, ‘‘does not need to wonder for the minds us that millions of people around the permission to address the House for 1 fiery trial that has been set on for him as world live under brutal regimes that deny minute.) though it were something unusual, but it those same basic freedoms to their own peo- Mr. PEARCE. Less than 1 month ago, pleases him to participate in Christ’s suffering. ple. Because the believer knows he will rejoice in Kathleen Sebelius issued a finding that In 2009, Pastor Youcef protested a law that said that every insurance company in his glory.’’ would forcibly impose Islam on his children. In Indeed, Pastor Youcef has faced a ‘‘fiery the country would have to offer insur- September 2010 an Iranian court accused ance products, some of which would of- trial.’’ And now, according to a February 22 Pastor Youcef of the ‘‘crime’’ of abandoning Fox New story, the latest developments mean fend the faiths of many people. This is the Islamic faith and condemned him to death against our Constitution, and it is that Pastor Youcef may be ‘‘executed at any by hanging unless he converts to Islam. time without prior warning, as death sentences against the rights of conscience of a in Iran may be carried out immediately or Mr. Speaker, this case represents just one free people. dragged out for years.’’ in a long line of abuses the government of Mr. Speaker, across religious lines, Pastor Youcef’s case is just the latest exam- Iran has perpetrated against religious minori- the people of New Mexico and the peo- ple of Iran’s attacks on basic human rights, in- ties. The intolerant, indeed barbaric, actions of ple especially of southern New Mex- cluding freedom of religion. In recent years, the Iranian regime trample on the most basic ico—Catholic, Protestants and people there has been a significant increase in Iran in of human rights—the right to freedom of of no religion, people across cultural acts of repression and discrimination against thought, conscience, and religion. I condemn it lines, and people across racial lines— religious minorities including Bahai’s and in the strongest possible terms. are gathering this Saturday: this Sat- Christians. These actions show a continuing Iranian leaders must understand that if Iran urday to protest, this Saturday to disregard by Iranian authorities for the Uni- is to be a legitimate member of the community stand and say that the government versal Declaration of Human Rights, the Inter- of nations, if it seeks trade, if it seeks the ben- needs to back up out of our church. national Covenant on Civil and Political Rights efit of economic engagement with the free This is not a Republican issue. This as well as its own constitution. world, if it wants to provide a firm and secure is not a Democrat issue. This is an In addition to supporting this resolution con- future for its citizens, it must protect and de- issue of the Constitution and of a free- demning Iran for these shocking and flagrant fend the rights of religious minorities. It must dom-loving people. violations of fundamental freedoms, I call on respect the religious liberties which its own So I encourage all who are across the government of Iran to immediately and un- constitution guarantees, and which it is obli- this United States to begin to organize conditionally release Pastor Youcef gated to respect as a signatory to the United and stand in the streets to tell the gov- Nadarkhani. Nations Universal Declaration of Human ernment that enough is enough. We are Mrs. CAPPS. Mr. Speaker, I rise in strong Rights and the International Covenant on Civil meeting this Saturday, March 3, in Las support of H. Res. 556, which condemns the and Political Rights. Cruces, New Mexico, from 1:00 to 2:30. Government of Iran for its persecution, impris- It will be a very large gathering. There onment, and sentencing to death of Pastor So I rise today in strong support of H. Res. will be speakers from both parties and Youcef Nadarkhani. 556 condemning the government of Iran for its from all faiths. H. Res. 556 rightfully condemns the Gov- continued persecution, imprisonment, and sen- We think that it is time for Ameri- ernment of Iran for its state-sponsored perse- tencing of Pastor Youcef on the charge of cans to be united together again, as cution of religious minorities, and calls for the apostasy. I am a cosponsor of this resolution, one people, against a government that exoneration and immediate release of Pastor and I urge my colleagues to support it. has become too strong. Youcef and all other individuals held or The SPEAKER pro tempore. The f charged on account of their religion. question is on the motion offered by Pastor Youcef is a 34-year old father of two the gentleman from Pennsylvania (Mr. b 2010 who was arrested over two years ago for the PITTS) that the House suspend the HOUSE ENERGY ACTION TEAM crime of converting from Islam to Christianity. rules and agree to the resolution, H. HOUR In October 2009 he was tried and found guilty Res. 556, as amended. of apostasy. Adding to this atrocity, his sen- The SPEAKER pro tempore (Mr. tence of death-by-hanging was recently upheld The question was taken. GIBBS). Under the Speaker’s announced by the Supreme Court of Iran. The SPEAKER pro tempore. In the policy of January 5, 2011, the gen- Only in oppressive regimes like Iran could opinion of the Chair, two-thirds being tleman from Colorado (Mr. GARDNER) is this fundamental human freedom to worship in the affirmative, the ayes have it. recognized for 60 minutes as the des- as one sees fit could be considered a crime, Mr. PITTS. Mr. Speaker, on that I ignee of the majority leader. let alone one punishable by death. demand the yeas and nays. Mr. GARDNER. Mr. Speaker, I’m And sadly, the case of Pastor Yousef is only here tonight for one reason: to stand up one of many other deplorable religious free- The yeas and nays were ordered. for hardworking Americans who are dom cases in Iran. It demonstrates the Iranian The SPEAKER pro tempore. Pursu- spending far too much when they fill authorities’ utter disregard for religious free- ant to clause 8 of rule XX, further pro- up at the pump, and I’m here for that dom, and highlights Iran’s continuing violation ceedings on this question will be post- same American who turns on the TV or of the universal rights of its citizens. poned. reads the newspaper after a long day at

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2559 work to see that Iran is threatening to In 2000, just 12 years ago, 32 percent from a West Virginia mine, costing 250 cut off our oil supply out of the Middle of our oil was from Federal lands. Why? jobs; announced the merger of BLM East and to see continued inaction by In 2010 that number shrank to 19 per- and OSM, which could move domestic this administration to discourage en- cent of total U.S. production. Let me coal one step closer to extinction in ergy projects, energy production that say that again. In 2000, 32 percent of this country. would lower the price of gas here at our oil was from Federal lands. In 2010 When it comes to nuclear energy, home. These are Americans that are that number shrank to 19 percent of this President has blocked uranium scared. They simply don’t have the total U.S. production. mining in Arizona for 2 years. He has money in their pocket, in their budget We aren’t opening up our Federal personally abandoned the Yucca Moun- to pay for these high prices, $60 to fill lands for development, and that’s the tain waste site, jeopardizing the future up a tank of gas, $80 to fill up the tank reason for the significant drop. The of nuclear energy in this country; im- of gas. total onshore acreage leased under this posed a 20-year ban on uranium min- I find it increasingly more difficult administration in 2009 and 2010 is the ing, increasing our 90 percent already, to explain to my constituents from lowest in over 20 years. our 90 percent dependency on foreign rural Colorado why this government Mr. Speaker, the President has sources. isn’t advancing policies that will bring claimed that he is opening up new off- Even on renewable energy and this down the prices at the pump. It pains shore areas for production and more President’s green energy agenda, this me the look on people’s faces when land for leases. Again, this is false. President has closed all but 2 percent they tell me that they’re making $10 Many of these lease sales were already of Federal lands from renewable energy an hour and are paying upwards of $4 scheduled to take place before he even development. He’s left open only 670,000 for a gallon of gas. What are they sup- took office. One was even cancelled for of 30 million acres of land for solar de- posed to do, Mr. Speaker, stop going to a year by the administration and is velopment. work because gas is so expensive? now being reinstated. His plan even Again, the President claims he is for We are facing a significant crisis, and closes the majority of the OCS to new an all-of-the-above energy strategy, it’s a travesty, it’s a shame. My col- energy production through the year when, in fact, what we have seen is this leagues here tonight are here to say we 2017. President is actually for none of the will not stand for it. In recent days and months, we have above. This chart—I know it’s impos- How do I go back home this weekend seen the President touting an all-of- sible to read—details the inaction of to explain to my constituents why gas the-above energy approach, but his ac- this administration, in fact, some very prices have risen $1.80 per gallon since tions speak louder than his words, and harmful actions to our energy policy this President took office? How do I ex- they do not promote an all-of-the- where he has stopped, delayed, repealed plain that this administration may be above energy strategy. This adminis- energy production in this country. willing to tap the Strategic Petroleum tration has blocked energy production Again, tonight, we are going to be Reserve, which is only to be used when on Federal lands and decreased overall hearing from many Members around there is a severe energy supply disrup- domestic energy production across the the country to discuss how we can ad- tion, instead of opening up more land board. And I want to share with you vance a strong energy policy, one that for exploration, which brings me to my just a few of these examples. creates American jobs with American next point. Tonight we are joined by the House energy, building our energy security Mr. Speaker, this administration al- Energy Action Team, a group of Mem- for future generations. There is one leges that it has opened up vast bers from across the country who are great way to power our economy, and amounts of our lands for leasing. In dedicated to sharing with their con- that’s to turn to our energy sector to fact, just a few days ago, on February stituents in this country the policies create jobs and opportunity. 23, at the University of Miami, I quote: that we have passed in this House with With that, I yield to another great Under my administration, America is bipartisan support to encourage energy leader on energy issues, the gentleman producing more oil today than at any production to make sure that we are from South Carolina (Mr. DUNCAN). other time in the last 8 years. increasing and encouraging natural gas Mr. DUNCAN of South Carolina. This is simply false, a false telling of development, oil developments, all of Well, let me thank the gentleman from reality. While it may be true that new our natural resources in a true all-of- Colorado for his dedicated service to production is occurring on private the-above energy strategy. The HEAT not only the State of Colorado but to lands where the President can’t involve action team, the House Energy Action our Nation. his anti-energy administration, Fed- Team, is once again sharing that strat- We have been coming to the floor eral lands and offshore development is egy and contrasting ourselves with the talking about the increasing prices of far below what it has been in previous strategy that this President has pre- energy across America. Since we came years. Let me cite to you some very sented over the past 3 years of his ad- back in January, we have taken to this startling statistics. ministration. floor to talk about the very poor poli- According to an article on E&D on So the President can claim all he cies coming out of the administration. Monday, just a few days ago, produc- wants to be supportive of an all-of-the- tion of natural gas on public lands and above energy strategy—said it just a b 2020 waters in fiscal year 2011 dropped 11 few months ago from this podium right And just to give you an example of percent from 2010. That’s a drop of 11 behind me in the State of the Union ad- that, on Inauguration Day of President percent on public lands and waters in dress, supporting an all-of-the-above Obama, AAA said the gasoline prices in fiscal year 2011. Oil production on Fed- energy strategy—but let’s actually America averaged $1.84 a gallon. eral lands dropped 14 percent since last talk, let’s actually talk about what the Today, gasoline prices are averaging year, and this reduction was most sig- President’s policies have resulted in. across this great land $3.73 a gallon. nificant in the gulf, which declined by On oil and gas, he’s withdrawn oil That is a 102 percent increase during 17 percent since 2010. leases from Utah, costing 3,000 jobs; the Obama administration. But yet he According to a Wall Street Journal withdrew oil and gas leases from Mon- will claim, the administration will editorial from the other day, drilling tana; issued a moratorium on gulf claim, that they have increased domes- plans have historically been approved drilling, costing 12,000 jobs; reinstated tic energy production. They’ve in- 73 percent of the time. Since the begin- a ban on drilling off the entire Pacific creased onshore and offshore drilling, ning of 2012, the President has only ap- coast; announced he would regulate hy- and apparently oil and natural gas are proved 23 percent. draulic fracturing. just bubbling up out of the ground and Approval of an offshore drilling plant Again, the President claims to be a providing this. But, America, that’s typically takes about 92 days right supporter of an all-of-the-above energy not the case. That’s not the case. Gas now. That’s 31 days over average. policy, but on coal he pulled a permit prices are going up simply due to two

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2560 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 factors—supply and demand. Those are In South Carolina, my constituents, 3 percent or less. They’re pumping oil the things that contribute to the price they go to work every day. And they out of the Bakken oil fields there in of a barrel of oil in the world. Supply earn the hard-earned dollars. They go North Dakota. President Obama is tak- and demand. to work, and they’re thinking when ing credit for increased oil production Now, I admit that world demand is they’re filling up their gas tank at $3.75 in North Dakota, but back up, because up even while United States demand is a gallon, $4 a gallon diesel fuel—I drive the oil that’s being pumped out of the lower than it was in 2008. World de- a diesel, so last week I couldn’t fill my ground in North Dakota isn’t on Fed- mand is up. So that’s one factor. But truck up, because I’m hurting just like eral land, and it isn’t because of any the supply factor. Americans know other Americans, and how much I have policies of this administration. The that we are tremendously dependent on to take out of my wallet to fill up my permits were issued during the last ad- Middle Eastern oil. We’ve got the re- truck, and what I could use that money ministration and the one before that, sources here in this country. If this ad- for in other ways, whether it’s to take and we’re producing oil on State and ministration will just get out of the my family out to dinner or pay off private lands in North Dakota. It’s not way and allow us to harvest our nat- some debt or do some things that we Federal lands; it’s State lands. It’s pri- ural resources, we would be energy normally would do with that money, vate lands. Unemployment is 3 percent. independent. but now we’re having to take more dol- Good paying, long-term jobs, energy- But let me tell you what the admin- lars out of our pockets to put fuel in driven economy in North Dakota. istration apparently has as a policy our car to drive to work. And so Ameri- But guess what? The Bakken oil field extends beyond the borders of North goal, and this comes from the White cans are thinking: How many hours of Dakota, and it goes into Montana and House statement on the Keystone pipe- my workday on my job am I working other States. Well, if you go across line. The gentleman from Colorado has just to pay for the gasoline I just paid that artificial border between North heard me say this—I think this is the to get to work and to get home? Dakota and Montana into the same oil fourth time—but America needs to Four dollars a gallon gasoline for die- field known as Bakken, you’re not hear it again because President Obama sel fuel, and America, think about this: going to find any energy production said this. He said: Think about the farmers that are put- over in Montana. You know why? It’s Decisions here in Congress to force ting diesel fuel in their tractors to because it’s on Federal land. And that the decision on Keystone pipeline do plant the food that you’re going to buy ‘‘not change my administration’s com- Federal land has been off the table for at the grocery store. Input cost. Input mitment’’—this is from the White energy production and energy explo- cost on the front end affects the price House Web site, and I recommend you ration. But over where it’s on State on the back end. and private land, it’s gangbusters. It’s go look at it for yourself—‘‘it does not Mr. Chu, the Secretary of Energy, going gangbusters, 3 percent unemploy- change my administration’s commit- said this. He’s calling for gradually ment in North Dakota. That’s a telling ment to American-made energy that ramping up gasoline taxes over the sign, America, on what you do when creates jobs’’—and listen closely—‘‘and next 15 years to coax consumers into you go after your own resources and reduces our dependence on oil.’’ buying more-efficient cars and living Now, at one time he was talking you produce American resources to in neighborhoods closer to work. This about these abundant supplies, this in- meet our American energy needs. European model where we’ll all live creased onshore and offshore drilling I heard the gentleman from Colorado and production in this country. But yet close in town and we can walk to work talk about an all-of-the-above energy his own words say ‘‘commitment to or bicycle. That’s the optimal thing in strategy, and I’ve heard the President American-made energy that creates their eyes. We don’t live that way here here at the State of the Union say the jobs and reduces our dependence on in America. We like our freedom. We same thing. But, you know, in my oil.’’ like to get in our cars and drive our- opinion an all-of-the-above energy Now, when you first heard that, you selves to work. The policy of this ad- strategy says (a) first, we’re going to thought, I agree with that. He wants to ministration is affecting what you pay take care of a proven technology of oil lessen our dependence on foreign oil at the pumps, and it’s very clear using and natural gas to meet our immediate and Middle Eastern oil, but no, no, no. the President’s own words about gaso- energy needs. And then we’re going to That’s not what he said. He said lessen line and about oil. continue to expand nuclear power in our dependence on oil, period. Not for- So we are seeing rising gasoline this country because it’s proven, it’s eign oil, not Middle Eastern oil, lessen prices, and we’ve got the power to do tried, and we can expand that. our dependence on oil. something about that here in America. I applaud the new permit in Georgia So you take that with his Secretary We have the capacity, the resources in for a new reactor. We’re going to have of Energy, Steven Chu. Steven Chu, be- this country that far exceed what’s one very soon in my home State. It’ll fore he was appointed as Secretary of found in Saudi Arabia. Far exceed by be the second in about 30 years where Energy in this country, said this: hundreds of billions of barrels of oil we’ve permitted a nuclear power plant ‘‘Somehow we have to figure out how more than what exists in the Saudi oil to provide electricity to this country. to boost the price of gasoline to the reserves here in this country. We’ve But the President, he likes this global levels in Europe.’’ got them. We’re buying a lot of oil warming cap-and-trade scheme. And he Now Europeans in England and Ger- from Canada. We talked about the Key- says that under his plan of a cap-and- many and France, they’re paying $7, $8, stone pipeline. The gentleman from trade system, ‘‘electricity rates would $9 a gallon for gasoline. America, under Colorado and I have talked about this necessarily skyrocket.’’ Electricity these policies, that’s where we’re head- numerous times. But instead of pur- rates are going to skyrocket. Well, ed. Under the words of Steven Chu, the suing American energy independence, we’ve got the ability to build more nu- Energy Secretary, he said: ‘‘Somehow beyond that why can’t we pursue clear power plants and permit those we have to figure out how to boost the maybe North American energy inde- that are underway and provide good, price of gasoline to the levels in Eu- pendence and buy from our largest and stable electricity in this country. So rope.’’ best trading partner, Canada, if our all of the above includes oil and nat- It shouldn’t surprise you that’s what policies are going to keep us from drill- ural gas, energy exploration, offshore, they want to do—lessen our dependence ing off our coast in South Carolina, or onshore, where we have those re- on oil, period. And that’s propagating off the coast of Louisiana, Mississippi, sources, and expanding nuclear power policies and giving money away to and Texas, places where there are prov- plants in this country, looking at the companies that supported him in his en reserves, and we’ve been pumping things that are tried and true and al- election campaign, companies like oil for a long time? lowing the free market, not your tax Solyndra, $535 million, gone, America, Or going onshore. North Dakota. dollars, America, but the free market your tax dollars that I know you’re North Dakota has an energy-driven to determine the winners and losers working hard for every day. economy. Their unemployment rate is with regard to green energy.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2561 If it works, if it can be successful, I need to get their affairs ready to be that the country’s leaders would make guarantee you, there are American in- transferred somewhere else. life that much more difficult for them vestors and worldwide investors that Now, my dad retired in the late to pay their bills, to send their kids to would invest their own hard-earned eighties, and the oil fields are still via- school, and to feed and clothe their dollars at their own personal choice to ble in Lea County, New Mexico, be- children. They can’t imagine policy- invest in that technology, and they cause of increasing technology. The makers in Washington who would will- will pick a winner because on the back ability to drill laterally has really rev- ingly do that. And yet you have repeat- side they’re going to make a profit. olutionized the ability to produce en- edly heard the President and his staff But that’s not what’s happening. ergy, and also the 3–D seismics have say that we need the price of gasoline This administration is taking your tax been very effective at finding now to go up, we’ve got to figure out how to dollars, and they’re making your in- sources of oil. So basically what we’re increase it. Well, they’ve figured out vestment decisions for you in compa- finding is that the old estimates of how how to increase it, and that’s simply to nies like Solyndra. They’re picking the much oil was left in the U.S. have been limit the drilling of it. winners. They’re picking the losers. grossly inadequate. With the new finds I think this year’s elections will pin It’s wrong. It’s got to stop. all the way across the country, this Na- on the cost of gasoline and the func- Mr. GARDNER. I thank the gen- tion could be self-sufficient in oil, ex- tioning of this economy. People across tleman from South Carolina, and I cept there are people here in Wash- America are desperate for job creation, know the gentleman from Arizona is ington who absolutely do not want us not just any jobs, not just minimum going to be joining us in this debate, to be self-sufficient. They want the wage jobs, but those jobs where you this conversation tonight. pressure on the economy. For some can get in it and make a career, like You mentioned some quotes, some reason, they believe that we should my father who worked his whole life in statements made by Secretary Chu. have a level playing field with the Eu- the oil and gas industry. It was a good You talked about the statement where ropean countries that have to import living for his family. That’s the sort of the President had said under my plan, all of their energy. jobs that Americans are looking for, electricity rates would necessarily sky- I think that America should be al- and that’s the sort of jobs that we can rocket. lowed to develop its resources that it’s create. blessed with. I believe that the Amer- But how are American policymakers b 2030 ican people should be allowed to work putting the oil and gas off-limits? For You talk about Secretary Chu talk- in careers and in jobs that pay good instance, shale. America is the Saudi ing about how he wants to boost the money. Other people in Washington Arabia of shale oil. And yet in 2007, the price of gasoline to the levels in Eu- think that we should shut down all of Pelosi House passed a bill that put all rope. Have you ever heard this Presi- the timber production, all of the oil of the shale production in Colorado dent talk about expanding production and gas production and all of the mines completely off-limits. That’s just in the United States or adding U.S. do- and convert over to hospitality jobs. wrong. We should be exploring every mestic capacity to actually decrease The hospitality jobs do not pay opportunity for energy. the cost of gasoline? enough. They’re fine jobs, but they Another way that they’re limiting Mr. DUNCAN of South Carolina. Gen- don’t pay enough to raise families. So the production is that they’re just not tleman from Colorado, that’s a great we have these different visions of processing the applications to drill. So example. I’ve never heard him talk America where one says we’re going to you have a lot of people who would in- about that. The administration talks shut off the resources, we’re not going vest a lot of money right now creating about the exact opposite. They want us to develop them, and the other group jobs, but the Federal Government will to pay for what Europeans pay for oil says, yes, we must have American en- not process the application for permits and natural gas. They want to see us ergy, we must have American jobs, and to drill on Federal lands. Much of the move toward a green energy economy, we must improve the economy. West is Federal lands. New Mexico is and they want to create policies, tax We’re facing times when our budgets about 33 percent Federal lands.Other policy and regulatory policies, that are are completely unworkable. This com- States have as much as 80 percent Fed- going to force you, as Americans, to ing year, we’re looking at $1 trillion in eral lands, and those are being com- buy what they want you to buy, and deficits. We’re going to spend about pletely eliminated from oil and gas that is an electric car. $3.9 trillion, and we’re going to create production, from mining, from timber Mr. GARDNER. And I would point revenues of about $2.9 trillion. Now, and from other jobs that could be cre- out to the gentleman, too, as he knows, people at home can do the math. That’s ated. we’ve seen gas prices increase dramati- a deficit of $1 trillion, $1.1 trillion. And so we find an administration and cally around the country. In South Now, a magical thing happens when a mindset in Washington that says Carolina, I think gas prices have in- we start creating jobs in America. Peo- we’re going to starve America for jobs, creased 10 percent from just a year ago. ple are saying, Can you cut your way we’re going to starve America for en- The gentleman from Arizona who from 3.9 to 2.9? I don’t think that we ergy, and we’re going to send those joins us now in the conversation is— have to do that. Every time that you jobs overseas. I think that Americans New Mexico—has seen tremendous put someone to work, they come off of are waking up and realizing that it price increases, as well. food stamps and they come off of un- does not have to be that way. We don’t With that, I yield to the gentleman employment, so the cost of government have to be paying $4 for gasoline. from New Mexico, my neighbor to the begins to decrease with every job you People here in Washington routinely south. create. Additionally, those people will say that we cannot drill our way out of Mr. PEARCE. Thank you. I would pay taxes. And so if we would allow the the problem. I hear that a lot. But if gladly be from Arizona, except I’m rep- jobs to be created, they would be form- you look at the cost of natural gas, the resenting New Mexico, and I’ll stick ing daily. If we would just open the price of natural gas today, you’ll see there for awhile. doors to energy production in this that it has diminished tremendously My father worked for the oil industry country, then we would see our econ- because we have drilled our way out of my entire life. We grew up in the oil in- omy moving toward balance, and that’s the shortage that existed just 4 or 5 dustry in southeast New Mexico. Back what we desperately need. We need our years ago. in the late seventies and early eighties, checkbook balanced, because that’s the The price of natural gas spiked the company that my dad worked for, only way we’re going to sustain the around $10. Today it’s less than $4. We Humble, and later Exxon, began to tell economic future of this country. have to understand that you can all the employees that oil would be Now, people just can’t believe that produce more energy, you can get the out, that it would be finished in east- Washington would put oil and gas off- cost down, but a government has to ern New Mexico and that they would limits completely. They can’t believe stand aside and let the people work.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2562 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 I just returned from Vietnam, a all. In fact, it’s creating more depend- instead of a $20 bill to fill up a gas known communist country, and yet ency on overseas oil instead of devel- tank, taking out a $100 bill. Americans they’re hungry for production of en- oping in areas like the Western United know what they could do with the rest ergy. The Communist Chinese are look- States. of that money, the difference there. ing for new oil and gas supplies. I know you’ve done tremendous work I get a little passionate about this They’re drilling just 47 miles off the to open up access to energy in the issue, and I apologize to the ladies here coast of Florida, and yet this country Western U.S., and I don’t know if you in the Chamber that have to record will not let American firms drill 45 had seen that comment or had time to what I say, but I’m not alone in this. miles off the coast of Florida. So we reflect on it. America is passionate about this as continue to see policies come out of b 2040 well because they know we have the re- Washington that are strangling the sources here and they know we can be economy for oil and gas and driving the Mr. PEARCE. I have not seen the energy independent and we wouldn’t be prices up. comment, but it’s standard that comes giving money to Middle Eastern coun- It’s just not the oil and gas, though. from some here in Washington. You tries, who a lot of times don’t like us The sad thing is they’re doing the same have people who are saying, They maybe as well as the Canadians and thing to electricity. Two electricity should develop their resources, but, oh, other countries closer to home like us. generating stations in New Mexico are we should not develop ours. It’s that mindset that is killing American jobs. I spouted off some things about Fed- being told to shut down energy produc- eral land and State land and North Da- tion. We suffered rolling blackouts just It’s that mindset that’s killing Amer- ican energy, driving prices up. kota and Montana a minute ago, so let a year and a half ago, and we’re being me just tell you: in 2000, Federal oil told to shut down electrical genera- The American families are strug- gling. Hardworking families are strug- production accounted for 32 percent of tion? These are not generators that the total U.S. energy production. In would not produce. These are genera- gling under the demands of just raising their families. And it is abysmal that 2010, after 2 years of the job-destroying tors that they’re saying, well, they Obama administration policies that I might be contributing to some pollu- Washington policymakers in either body are having that kind of mindset. mentioned earlier, Federal production tion. They can’t prove it. only accounts for 19 percent of the The standards that they hold us to Across the West, we see a continuing failure to give access to public lands. total U.S. oil production. That’s an 11 need to be measured by a computer, be- percent decrease. cause the naked eye can’t see the dif- That’s one thing that we’re fighting in When I think about the year 2000, I ference in the haze that they’re trying the Western Caucus. I would refer any think about some of our friends on the to demand the improvement of. So, of the people in this body or any of the other side of the building, and JOHN again, we see policymakers who are people watching this program to go on- KERRY and some of these guys that willingly making life more miserable line, take a look at the Western Cau- said, you know what, if we decided to and more difficult for the average cus, the Jobs Frontier—over 40 pieces drill today and open up new lease areas American. of legislation that would bring on jobs, and do energy exploration, whether it’s The Republicans in Congress today each one of them designed to bring on the Outer Continental Shelf, it won’t are speaking up for the average home- jobs with no government investment. have any effect on the price at the owner, the average person that goes to That would all be private money cre- pump for Americans because it takes work every day, does their job, goes ating private jobs. Also, there are bills about 10 years for that to come online home and raises their family. We need which are designed to stop the govern- and start producing oil. But, hey guys, to support those kind of people, and I ment from killing 3 million more jobs that was 10 years ago. What impact compliment the gentlemen, both of this year. So the Western Caucus is would those policies of drilling in them, especially the gentleman from hard at work trying to preserve the ANWR or off the Outer Continental Colorado, for leading this fight for economy of the United States. And I Shelf or more onshore production, lower energy prices. It’s a common- appreciate you bringing that up. what impact would that have had on sense thing, and we need to back him Mr. GARDNER. I thank the gen- the price you pay at the pump today? up. tleman. Mr. GARDNER. I thank the gen- The gentleman from South Carolina, I think we’ve got to get serious about tleman from New Mexico. Before he again, some of our colleagues would American energy exploration and pro- yields the floor, I wanted to ask him a like to see energy production increase duction here. The journey of 1,000 miles quick question. in Saudi Arabia. They’d, I guess, stand begins with a single step. We need to I know you’ve done tremendous work idly by while this administration nixes, take that step today. I’ll tell you, the with the Western Caucus. You’re a co- vetoes, puts a fork in the Keystone XL House Republicans have done that with chair of the Western Caucus trying to pipeline; yet they’d rather see those numerous job-creating, energy-produc- make sure you are eliminating regula- jobs go overseas. They’d rather see tion bills that have passed out of this tions to do what we can to improve the that energy production occur overseas Chamber that are languishing in the economy of the Western United States, instead of doing it right here in our abyss known as the United States Sen- and I just wanted to share with you a own backyard. I’m sure our colleagues ate—that’s failed to pass a budget for quote from our colleague in the Senate, mean well, I’m sure they’re well-inten- our country in 1,036 days, that’s failed Senator SCHUMER from New York. This tioned, but I certainly hope they would to take up American energy-independ- was February 27, just 2 days ago, a produce those jobs here, produce that ence bills, job-creating bills that we quote from The Hill newspaper. He is energy here, develop an energy policy passed out of this Chamber. talking about trying to find solutions that is with American jobs for our se- So energy production is down on Fed- to increasing gas prices. Here is what curity. eral lands, and the Obama administra- he had to say: Mr. DUNCAN of South Carolina. If tion is taking credit for increased pro- To address the situation, I urged the the gentleman will yield. duction and saying we’ve opened up State Department to work with the Mr. GARDNER. I yield to the gen- new offshore areas. But the data I have Government of Saudi Arabia to in- tleman. says there’s less offshore acreageopen crease its oil production, as they are Mr. DUNCAN of South Carolina. for energy exploration and production currently producing well under their You’re exactly right. These are about now than when President Obama took capacity. American jobs going overseas and office when nearly 100 percent of the So, apparently, many of our col- American tax dollars going overseas, Outer Continental Shelf was opened up leagues, some in the Senate, think that and American-earned income. Because, under the Bush administration. They the solution to the way out that we as I mentioned earlier, you’re digging lifted the moratorium for energy explo- have isn’t here in the United States at deeper into your wallet, taking out— ration, let alone production.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2563 Listen, I served for 18 months on Saudi Arabia’s proven resources be- tration issued a moratorium to stop what was known then, under the Min- cause of the potential for oil shale in that drilling. Then they said, well, eral Mining Services of the Depart- this country—1.5 trillion barrels of po- we’re going to end the moratorium. ment of the Interior, the OCS, or Outer tential oil shale. That’s six times Saudi But then when they failed to issue the Continental Shelf, 5-year Planning Arabia’s proven resources. That’s leases, it’s really a moratorium, it’s in- Subcommittee where we looked at the enough energy to power the United stituting their policies. And it’s going next 5-year plan for this country on States for the next 200 years. to be very difficult for us to get that what areas we were going to open up The gentleman talked about legisla- production level back in the Gulf of offshore. What areas were available for tion that we have passed to try to keep Mexico because it’s expensive for those us to even talk about were small grid jobs. You talked about some of the companies to bring those rigs back. comments that were made that, well, squares in the western Gulf of Mexico, b 2050 nothing in the eastern Gulf of Mexico, that won’t impact our supply until nothing in the Atlantic Ocean, nothing sometime over the next 10 years. Let Mr. GARDNER. I think as those rigs off the coast of California, nothing off me just tell you about one bill that we have left, as we’ve seen production the coast of Alaska except for another passed last summer, H.R. 2021, passed occur elsewhere because of the road- small square. with bipartisan support. blocks to domestic energy production, This was prior to the latter years of That bill was focused on a particular we see other countries—us becoming the Bush administration when he de- project in the Beaufort and Chukchi even more reliant on overseas energy. cided, you know what, American en- Sea north of Alaska. In the time that Just a couple of weeks ago, Federal ergy independence means we need to it has taken one company to get a per- Reserve Chairman Ben Bernanke open up the Outer Continental Shelf mit for that energy development—an warned that a major disruption in for- and really see what’s out there and area that’s already approved for energy eign oil supplies that sends prices sky- begin energy production. But the 5- development by this government—it’s ward could thwart the economic recov- year plan we looked at looked at these taken 6 years to get a permit. In the ery. So the Federal Reserve Chairman grid squares, and we were going to rec- time that it’s taken them to try to get has recognized that the more depend- ommend a lease/sell, where we were that permit—they still don’t have it ent we become on somebody else, if going to offer leases to those areas, to completely done, by the way—but in there’s a disruption in that supply, a the energy companies so they could go the time that it took them to get this disruption in that overseas energy out there and explore and produce far, they’ve drilled over 400 wells source that we’re relying on, it could those resources. around the world, creating jobs around thwart our economic recovery. Well, the Obama administration has the world, creating energy for other Let me just go to a chart next. taken a lot of that off the table. They people, creating jobs and resources, Mr. DUNCAN of South Carolina. Be- haven’t created a new 5-year plan. economic development for other peo- fore do you that, can I just remind you They’re going to say they just came ple, but certainly not in the United that Admiral Mullen, Chairman of the out with a new one, but I believe it’s States. Joint Chiefs of Staff, along that same just all for looks. Mr. DUNCAN of South Carolina. line, said, there can be no national se- The total onshore acreage—I was You’re exactly right. curity without energy security. There talking about offshore—but the total You know, we had a tragic accident. can be no national security without en- onshore acreage leased under the Nobody is running from the fact that ergy security. That’s a wake-up call, Obama administration in 2009 and 2010 Deepwater Horizon was very tragic in America. is the lowest in over two decades. We’re the Gulf of Mexico, and we’ll learn Mr. GARDNER. That’s a great point not talking about ultra-Deep Horizon from that. The oil companies, energy on national security, because not only accident-type offshore production. production companies will learn from do we have economic objectives that Mr. GARDNER. Will the gentleman that. But during that moratorium we need to achieve with a national en- yield on that point? under the Obama administration—and ergy policy where we’re relying on our Mr. DUNCAN of South Carolina. I then later he said he lifted the morato- own production, but we’ve got national yield to the gentleman from Colorado. rium, but there was a de facto morato- security implications. And if we don’t Mr. GARDNER. Because, again, rium because they were failing to issue rise to the challenge, we’re going to be going back to a speech given recently leases and permits for continued drill- risking our security because of our re- by this administration, by this Presi- ing out there. liance on other nations. dent, he said at the University of For companies that already invested To go to the point of energy prices, Miami that we have record oil produc- billions of dollars in purchasing the this chart just illustrates how much tion, that he’s actually leading us out rights to those lease areas to explore gas prices have increased, how high of this energy crisis. for energy and produce energy, they they’ve increased. $1.80 over the past Mr. DUNCAN of South Carolina. En- were languishing out there, waiting on several years. The average price of gas- ergy production might be up in this the drilling permits to come back from oline has increased 42 cents since Feb- country, but it has nothing to do with Washington. The Department of En- ruary of 2011. That’s just on average the policies of this administration. It ergy and the Department of the Inte- around the country. goes back to the previous administra- rior were slow-walking these permits. The important thing to recognize is tion that said, you know what, we’re And so at some point in time those en- the impact that gas price increases going to open up Bakken because the ergy companies said, you know what, have on the American consumer, on geological survey found a ton of oil re- we’re going to drag those drilling plat- American families. All told, each serves there. In your home State, the forms out of the Gulf of Mexico. penny increase in the cost of gasoline oil shale in the Rocky Mountains, Col- They towed them to the shore off- takes about $1 billion out of the econ- orado, could be the next Saudi Arabia shore of Brazil, to the seas offshore omy. So as gas prices hit $3.17 in Feb- if we were to allow onshore production Brazil and the seas offshore of Africa. ruary, just a few weeks ago, $3.18, every for oil shale in the Rocky Mountains. I Today, they are drilling for energy in penny was a billion dollars taken out know the gentleman from Colorado other countries. And we had them here of the American consumers’ pockets, probably wants to talk about the oil in the Gulf of Mexico producing Amer- sent overseas. If a 50-cent jump in gaso- shales of Colorado. ican energy to lower the price at the line prices is sustained over the next Mr. GARDNER. Well, I absolutely do. pump for American consumers. It’s year, $70 billion would be lost in the In fact, not only talk about the oil very expensive to get those drilling U.S. economy. shales of Colorado, but this entire platforms back to the gulf. This chart says it all. Go back to country where we actually are home— And so, as tragic as Horizon was, we January of 2009. The President takes the United States is home to six times learned from it. The Obama adminis- office, $1.84. If you went and you filled

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2564 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 up your car, $1.84 a gallon. As of Feb- Before President Obama tapped the acknowledges that by tapping into the ruary 23, just a few days ago, just a SPR, the Strategic Petroleum Reserve, Strategic Petroleum Reserve they can week ago, $3.61. Billions of dollars back in June of 2011, the reserve had increase supplies and, therefore, have taken away from the American con- previously only been tapped once for an impact on price, isn’t it obvious sumer, sent overseas, when we could be war, the other to combat a natural dis- what we ought to be doing as the pol- using that money right here to create aster, and the third time, quite simi- icy of this country? American jobs, reducing the price at larly, for political opportunism. And Mr. DUNCAN of South Carolina. the pump. the examples are this: That’s too much common sense. By spring, perhaps sometime this President Bush, George Herbert Mr. GARDNER. If supply is the an- spring, according to Barron’s, gasoline Walker Bush, the first Bush, used the swer, tapping into the Strategic Petro- may even reach $4.50 a gallon. These SPR, the Strategic Petroleum Re- leum Reserve, we should increase do- aren’t scare tactics. This is reality serves, during Operation Desert Storm mestic production. We should increase that Americans are facing each and because we were going to war over opportunities in the Western United every day when they fill up at the there and he was afraid that would dis- States, on our Outer Continental Shelf. pump. Trying to figure out how to rupt Middle Eastern supplies, and so he We should utilize the energy that our make ends meet, trying to make sure tapped those reserves just to make sure neighbors to the north are willing to they’re able to meet their mortgages, Americans didn’t suffer because of our help us out with through the Keystone pay their bills, put food on the table actions over there in Operation Desert XL pipeline. Because if the Strategic for their family, $60 a tank, $70 a tank Storm. Petroleum Reserve is, indeed, about to get to work. And then in 2005 we had, down along supply, the political fix to a supply What trade-offs are we forcing the the gulf coast, which is a tremendous problem—— American consumer to make, when we energy production area, in Alabama, Mr. DUNCAN of South Carolina. A have the opportunity to create Amer- Mississippi, Louisiana, Texas, we had a Band-Aid, so to speak. Mr. GARDNER. Why isn’t this ad- ican energy right here, to build the little thing called Hurricane Katrina ministration willing to actually do the Keystone XL pipeline, to develop our that came through and really disrupted right thing, do what’s necessary to Federal resources and do it in a respon- supplies in the Gulf States and did a keep our economy afloat, to keep it sible manner, do it in a way that cre- lot of damage there. And President from running on fumes and make sure ates jobs, giving our own communities George W. Bush opened up the stra- tegic reserves to lessen the price at the that we can produce that energy in our the benefit of that exploration, of that own backyard, increase our opportuni- development of the tax revenue that pump for Americans because we knew there was going to be some supply dis- ties to produce domestic energy? they generate. Mr. DUNCAN of South Carolina. The $3.61 a gallon, it’s unacceptable, and ruptions. So we had a natural disaster, and we gentleman from Colorado has been a yet we hear talk of increasing produc- had a war. stalwart and a leader in energy, Amer- tion in Saudi Arabia, instead of doing But then in 2000, just another exam- ican energy independence, as a leader it here? We hear an administration ple, President Clinton opened up the of the House Energy Action Team. We that says, you know, they were against supply under the Strategic Petroleum call it HEAT, H-E-A-T. the Keystone pipeline and then they Reserve right before a campaign, right Let me just tell America, if you want were for it and then they’re for part of before the Bush-Gore campaign. There to find out some of these details, some it. I heard the gentleman from Ne- wasn’t any natural disaster. There of the facts that we’ve laid out for you braska (Mr. TERRY), who’s beena leader wasn’t a hurricane bearing down on us. in black and white, you can go to the on the XL pipeline, say that that’s like We were not going to war. He was try- Web site for House Energy Action a little bit like the rooster trying to ing to stabilize the market to help him Team, under the House GOP Web site, take credit for the dawn. in a political game. and find this data out. We’re putting it We have an obligation to make sure And then we see President Obama, in out there for you. We’re not shying we’re developing our resources right June of 2011, do the same thing. Instead away from it. We’re not. We’re pro- here, right now. We hear others talk of focusing on American jobs and viding this information for you Ameri- about tapping into the Strategic Petro- American energy production and a cans to make informed decisions to un- leum Reserve. In fact, just a few head- long-term energy policy, they’re play- derstand that these energy bills we lines in recent days: Secretary Tim ing games with tapping the strategic pass through the House, they have Geithner says tapping the Strategic reserves which have an intended pur- merit and they would have results if we Petroleum Reserve is an option that’s pose, and that intended purpose is not could get the Senate to take them up, on the table for the administration. to bring the price down at the pump. and let’s have a true comprehensive en- An article in Politico on February 25: It’s to stabilize the American economy ergy policy for this country that fo- House Democrat leaders are urging in case of war or in case of a natural cuses on American energy independ- President Obama to open the Strategic disaster. ence, that does things right for you Petroleum Reserve. Now, we’ve got these reserves sitting Americans to lessen the price that Another article, that same day: there, and we’ve got a lot of middle you’re paying at the pump, to lessen Washington liberals call on President eastern unrest with what’s going on in the price that you’re paying on your Obama to tap Strategic Petroleum Re- Iran and Iran cutting England and Ger- electricity bill every month. serve. many or England and France, one of House Energy Action Team is focused Mr. DUNCAN of South Carolina. Will the European countries, off from any on this. The gentleman from Colorado the gentleman yield? oil. It’s actually a reverse embargo, is a leader on that. Our caucus and our Mr. GARDNER. Absolutely. where Iran’s not going to ship oil to conference is a leader on that. Mr. DUNCAN of South Carolina. I’ve some friendly countries in Europe. And gotten Facebook posts. I’ve gotten so we’re seeing this volatility due to b 2100 phone calls in our office encouraging the unrest in Iran. Mr. GARDNER. Mr. Speaker, I thank just that, for the President to tap the Shouldn’t we, as America, keep that the gentleman from South Carolina for Strategic Petroleum Reserves to help oil in reserve just in case there’s a his leadership, and this is the third lessen the price at the pump. problem over there? Maybe—who time that we’ve done that this year al- But let me just tell America that it knows, maybe there’s further disrup- ready, come down and talk as a group was during the 1970s oil embargo that I tions, Strait of Hormuz issue. Strategic about what we can do to get our energy remember, as a small child, that Con- reserves are there for a stated purpose, prices down to relieve the pain at the gress created this huge 727 million-bar- not for political gains. pump, to make sure that we’re restor- rel reserve that was intended for na- Mr. GARDNER. I would just make ing our energy independence. So we’ll tional security emergencies. the point that if this administration continue this effort.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2565 Last week, I had the opportunity to hundreds and hundreds of billions of ENROLLED BILL SIGNED visit the western slope of Colorado. The dollars that we send each and every vast majority of the land there is year overseas to get energy from them Karen L. Haas, Clerk of the House, owned by the Federal Government. instead of using that money right here reported and found truly enrolled a bill They’ve seen rigs being sent away, on our own families. Every year we of the House of the following title, shutdowns, and opportunities, though, send $331 billion to foreign nations. We which was thereupon signed by the of great success where there is a glim- can start using that money in our own speaker: mer of hope for increasing development backyard. H.R. 347. An act to correct and simplify the in the western slope of Colorado. The House Energy Action Team is drafting of section 1752 (relating to re- In my district on the eastern plains committed to leading this country to a future of economic growth, economic stricted buildings or grounds) of title 18, of Colorado, one county has drilled United States Code. over 2,100 wells just last year, putting opportunity, energy security, and en- thousands of their people to work, ergy independence. I thank my colleagues from South f helping create economic opportunity, Carolina and New Mexico for joining creating jobs, bringing opportunities to me tonight. ADJOURNMENT the county that they never would have With that, Mr. Speaker, I yield back had otherwise. the balance of my time. Mr. GARDNER. Mr. Speaker, I move So when I talk to people of western f that the House do now adjourn. Colorado, eastern Colorado, they sim- ply want to do what they do best. LEAVE OF ABSENCE The motion was agreed to; accord- That’s to run their businesses, to do it By unanimous consent, leave of ab- ingly (at 9 o’clock and 2 minutes p.m.), in a responsible manner, to do what’s sence was granted to: under its previous order, the House ad- right for their children and their Mr. NADLER (at the request of Ms. journed until tomorrow, Thursday, grandchildren, and to stop sendingh the PELOSI) for today. March 1, 2012, at 9 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the first quarter of 2012 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BRAZIL, COLOMBIA, AND MEXICO, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 8 AND JAN. 15, 2012

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Arrival Departure rency or U.S. cur- rency or U.S. cur- rency or U.S. cur- rency or U.S. cur- rency 2 rency 2 rency 2 rency 2

Hon. John Boehner ...... 1/8 1 /10 Brazil ...... 904.00 ...... (3) ...... 904.00 Hon. Dan Boren ...... 1/8 1 /10 Brazil ...... 904.00 ...... (3) ...... 904.00 Hon. Greg Walden ...... 1/8 1/10 Brazil ...... 904.00 ...... (3) ...... 904.00 Hon. Dave Camp ...... 1 /8 1/10 Brazil ...... 904.00 ...... (3) ...... 904.00 Hon. Doc Hastings ...... 1/8 1 /10 Brazil ...... 904.00 ...... (3) ...... 904.00 Hon. John Kline ...... 1/8 1/10 Brazil ...... 904.00 ...... (3) ...... 904.00 Hon. Devin Nunes ...... 1/8 1/10 Brazil ...... 904.00 ...... (3) ...... 904.00 Barry Jackson ...... 1/8 1 /10 Brazil ...... 904.00 ...... (3) ...... 904.00 Dave Schnittger ...... 1/8 1/10 Brazil ...... 904.00 ...... (3) ...... 904.00 Jennifer Stewart ...... 1/8 1/10 Brazil ...... 904.00 ...... (3) ...... 904.00 Janice Robinson ...... 1/8 1/10 Brazil ...... 904.00 ...... (3) ...... 904.00 Hon. John Boehner ...... 1/10 1/13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Hon. Dan Boren ...... 1/10 1/13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Hon. Greg Walden ...... 1/10 1/13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Hon. Dave Camp ...... 1 /10 1 /13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Hon. Doc Hastings ...... 1/10 1/13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Hon. John Kline ...... 1/10 1/13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Hon. Devin Nunes ...... 1/10 1/13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Barry Jackson ...... 1/10 1/13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Dave Schnittger ...... 1/10 1/13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Jennifer Stewart ...... 1/10 1/13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Janice Robinson ...... 1/10 1/13 Colombia ...... 1,095.00 ...... (3) ...... 1,095.00 Hon. John Boehner ...... 1/13 1/15 Mexico ...... 610.00 ...... (3) ...... 610.00 Hon. Dan Boren ...... 1/13 1/15 Mexico ...... 610.00 ...... (3) ...... 610.00 Hon. Greg Walden ...... 1/13 1/15 Mexico ...... 610.00 ...... (3) ...... 610.00 Hon. Dave Camp ...... 1 /13 1 /15 Mexico ...... 610.00 ...... (3) ...... 610.00 Hon. Doc Hastings ...... 1/13 1/15 Mexico ...... 610.00 ...... (3) ...... 610.00 Hon. John Kline ...... 1/13 1/15 Mexico ...... 610.00 ...... (3) ...... 610.00 Hon. Devin Nunes ...... 1/13 1/15 Mexico ...... 610.00 ...... (3) ...... 726.00 ...... 1,336.00 Barry Jackson ...... 1/13 1/15 Mexico ...... 610.00 ...... (3) ...... 610.00 Dave Schnittger ...... 1/13 1/15 Mexico ...... 610.00 ...... (3) ...... 610.00 Jennifer Stewart ...... 1/13 1/15 Mexico ...... 610.00 ...... (3) ...... 610.00 Janice Robinson ...... 1/13 1/15 Mexico ...... 610.00 ...... (3) ...... 610.00 Committee total ...... 29,425 1 Per diem constitutes lodging and meals. 3 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. JOHN A. BOEHNER, Feb. 10, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO TURKEY, QATAR, SAUDI ARABIA, UNITED ARAB EMIRATES, AND FRANCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 7 AND JAN. 14, 2012

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country Foreign cur- U.S. equiva- Foreign cur- U.S. equiva- Foreign cur- U.S. equiva- Foreign cur- U.S. equiva- Arrival Departure rency lent or U.S. rency lent or U.S. rency lent or U.S. rency lent or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Eric Cantor ...... 1/7 1/8 Turkey ...... 643.00 ...... (3) ...... 643.00 Hon. Peter Welch ...... 1/7 1/8 Turkey ...... 643.00 ...... (3) ...... 643.00 Hon. Ileana Ros-Lehtinen ...... 1/7 1/8 Turkey ...... 643.00 ...... (3) ...... 643.00

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00083 Fmt 0688 Sfmt 8634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2566 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO TURKEY, QATAR, SAUDI ARABIA, UNITED ARAB EMIRATES, AND FRANCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 7 AND JAN. 14, 2012—Continued

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country Foreign cur- U.S. equiva- Foreign cur- U.S. equiva- Foreign cur- U.S. equiva- Foreign cur- U.S. equiva- Arrival Departure rency lent or U.S. rency lent or U.S. rency lent or U.S. rency lent or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Kay Granger ...... 1/7 1 /8 Turkey ...... 643.00 ...... (3) ...... 643.00 Hon. Michael Conaway ...... 1/7 1 /8 Turkey ...... 643.00 ...... (3) ...... 643.00 Hon. Shelley Moore Capito ...... 1/7 1 /8 Turkey ...... 643.00 ...... (3) ...... 643.00 Hon. Todd Young ...... 1/7 1 /8 Turkey ...... 643.00 ...... (3) ...... 643.00 Hon. Mike Kelly ...... 1/7 1 /8 Turkey ...... 512.00 ...... (3) ...... 512.00 Hon. Diane Black ...... 1/7 1/8 Turkey ...... 512.00 ...... (3) ...... 512.00 Steve Stombres ...... 1/7 1/8 Turkey ...... 643.00 ...... (3) ...... 643.00 Kyle Nevins ...... 1 /7 1/8 Turkey ...... 643.00 ...... (3) ...... 643.00 Brad Dayspring ...... 1 /7 1/8 Turkey ...... 643.00 ...... (3) ...... 643.00 Valerie Nelson ...... 1 /7 1/8 Turkey ...... 643.00 ...... (3) ...... 643.00 Robert Karem ...... 1/7 1/8 Turkey ...... 643.00 ...... (3) ...... 643.00 Hon. Eric Cantor ...... 1/8 1/10 Qatar ...... 680.00 ...... (3) ...... 680.00 Hon. Peter Welch ...... 1/8 1/10 Qatar ...... 680.00 ...... (3) ...... 680.00 Hon. Ileana Ros-Lehtinen ...... 1/8 1/10 Qatar ...... 680.00 ...... (3) ...... 680.00 Hon. Kay Granger ...... 1/8 1 /10 Qatar ...... 680.00 ...... (3) ...... 680.00 Hon. Michael Conaway ...... 1/8 1 /10 Qatar ...... 680.00 ...... (3) ...... 680.00 Hon. Shelley Moore Capito ...... 1/8 1 /10 Qatar ...... 680.00 ...... (3) ...... 680.00 Hon. Todd Young ...... 1/8 1 /10 Qatar ...... 680.00 ...... (3) ...... 680.00 Hon. Mike Kelly ...... 1/8 1 /10 Qatar ...... 452.00 ...... (3) ...... 452.00 Hon. Diane Black ...... 1/8 1/10 Qatar ...... 452.00 ...... (3) ...... 452.00 Steve Stombres ...... 1/8 1/10 Qatar ...... 680.00 ...... (3) ...... 680.00 Kyle Nevins ...... 1 /8 1/10 Qatar ...... 680.00 ...... (3) ...... 680.00 Brad Dayspring ...... 1 /8 1/10 Qatar ...... 680.00 ...... (3) ...... 680.00 Valerie Nelson ...... 1 /8 1/10 Qatar ...... 680.00 ...... (3) ...... 680.00 Robert Karem ...... 1/8 1/10 Qatar ...... 680.00 ...... (3) ...... 680.00 Hon. Eric Cantor ...... 1/10 1/11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Hon. Peter Welch ...... 1/10 1/11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Hon. Ileana Ros-Lehtinen ...... 1/10 1/11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Hon. Kay Granger ...... 1/10 1/11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Hon. Michael Conaway ...... 1/10 1/11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Hon. Shelley Moore Capito ...... 1/10 1/11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Hon. Todd Young ...... 1/10 1/11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Hon. Mike Kelly ...... 1/10 1/11 Saudi Arabia ...... 284.00 ...... (3) ...... 284.00 Hon. Diane Black ...... 1/10 1/11 Saudi Arabia ...... 284.00 ...... (3) ...... 284.00 Steve Stombres ...... 1/10 1/11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Kyle Nevins ...... 1 /10 1 /11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Brad Dayspring ...... 1 /10 1 /11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Valerie Nelson ...... 1 /10 1 /11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Robert Karem ...... 1/10 1/11 Saudi Arabia ...... 397.00 ...... (3) ...... 397.00 Hon. Eric Cantor ...... 1/11 1/13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Hon. Peter Welch ...... 1/11 1/13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Hon. Ileana Ros-Lehtinen ...... 1/11 1/13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Hon. Kay Granger ...... 1/11 1/13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Hon. Michael Conaway ...... 1/11 1/13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Hon. Shelley Moore Capito ...... 1/11 1/13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Hon. Todd Young ...... 1/11 1/13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Hon. Mike Kelly ...... 1/11 1/13 United Arab Emirates ...... 680.00 ...... (3) ...... 680.00 Hon. Diane Black ...... 1/11 1/13 United Arab Emirates ...... 680.00 ...... (3) ...... 680.00 Steve Stombres ...... 1/11 1/13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Kyle Nevins ...... 1 /11 1 /13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Brad Dayspring ...... 1 /11 1 /13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Valerie Nelson ...... 1 /11 1 /13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Robert Karem ...... 1/11 1/13 United Arab Emirates ...... 1,052.00 ...... (3) ...... 1,052.00 Hon. Eric Cantor ...... 1/13 1/14 France ...... 545.00 ...... (3) ...... 545.00 Hon. Peter Welch ...... 1/13 1/14 France ...... 545.00 ...... (3) ...... 545.00 Hon. Ileana Ros-Lehtinen ...... 1/13 1/14 France ...... 545.00 ...... (3) ...... 545.00 Hon. Kay Granger ...... 1/13 1/14 France ...... 545.00 ...... (3) ...... 545.00 Hon. Michael Conaway ...... 1/13 1/14 France ...... 545.00 ...... (3) ...... 545.00 Hon. Shelley Moore Capito ...... 1/13 1/14 France ...... 545.00 ...... (3) ...... 545.00 Hon. Todd Young ...... 1/13 1/14 France ...... 545.00 ...... (3) ...... 545.00 Hon. Mike Kelly ...... 1/13 1/14 France ...... 367.00 ...... (3) ...... 367.00 Hon. Diane Black ...... 1/13 1/14 France ...... 367.00 ...... (3) ...... 367.00 Steve Stombres ...... 1/13 1/14 France ...... 545.00 ...... (3) ...... 545.00 Kyle Nevins ...... 1 /13 1 /14 France ...... 545.00 ...... (3) ...... 545.00 Brad Dayspring ...... 1 /13 1 /14 France ...... 545.00 ...... (3) ...... 545.00 Valerie Nelson ...... 1 /13 1 /14 France ...... 545.00 ...... (3) ...... 545.00 Robert Karem ...... 1/13 1/14 France ...... 545.00 ...... (3) ...... 545.00 Committee total ...... 44,394 1 Per diem constitutes lodging and meals. 3 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. h HON. ERIC CANTOR, Feb. 13, 2012.

EXECUTIVE COMMUNICATIONS, 5132. A letter from the Acting Under Sec- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ETC. retary, Department of Defense, transmitting mittee on Financial Services. authorization of five officers to wear the au- 5135. A letter from the Chief Counsel, De- Under clause 2 of Rule XIV, executive thorized insignia of the grade rear admiral; partment of Homeland Security, transmit- communications were taken from the to the Committee on Armed Services. ting the Department’s final rule — Final Flood Elevation Determinations [Docket ID: Speaker’s table and referred as follows: 5133. A letter from the Under Secretary, FEMA-2011-0002] received January 31, 2012, Department of Defense, transmitting request 5131. A letter from the Director, Defense pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of an extension to deliver the report on the Procurement and Acquisition Policy, De- mittee on Financial Services. current and future military strategy of Iran; partment of Defense, transmitting the De- 5136. A letter from the Secretary, Depart- to the Committee on Armed Services. partment’s final rule — Defense Federal Ac- ment of Health and Human Services, trans- quisition Regulation Supplement: Award Fee 5134. A letter from the Chief Counsel, De- mitting the Department’s FY 2011 annual Reduction or Denial for Health or Safety partment of Homeland Security, transmit- performance report to Congress required by Issues (DFARS Case 2011-D033) (RIN: 0750- ting the Department’s final rule — Suspen- the Prescription Drug User Fee Act of 1992 AH37) received February 15, 2012, pursuant to sion of Community Eligibility [Docket ID: (PDUFA), as amended, pursuant to 21 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on FEMA-2011-0002] [Internal Agency Docket 379g note; to the Committee on Energy and Armed Services. No.: FEMA-8215] received January 31, 2012, Commerce.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2567

5137. A letter from the Secretary, Depart- CRELL, Mr. SESSIONS, Ms. SLAUGHTER, land exchange with the United Water Con- ment of Energy, transmitting uncosted obli- Ms. BALDWIN, Mr. MICHAUD, Mr. HIG- servation District of California, and for gation balances of the Department, pursuant GINS, Mr. WALBERG, Mr. CRITZ, Mr. other purposes; to the Committee on Natural to 42 U.S.C. 13526; to the Committee on En- JOHNSON of Ohio, Mr. KELLY, Mr. Resources. ergy and Commerce. MCKINLEY, Mr. RENACCI, Mr. RIBBLE, By Mr. MCCAUL (for himself and Ms. 5138. A letter from the Secretary, Federal Mr. STIVERS, Mr. RICHMOND, Mr. DOG- ROS-LEHTINEN): Trade Commission, transmitting the Com- GETT, Mr. STARK, Mr. GENE GREEN of H.R. 4110. A bill to restrict assistance to mission’s final rule — Appliance Labeling Texas, Mr. DONNELLY of Indiana, Mr. Pakistan unless the Secretary of State cer- Rule (RIN: 3084-AB03) received February 8, OWENS, Mr. CICILLINE, Mr. LIPINSKI, tifies to Congress that the Government of 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. LOEBSACK, Ms. BERKLEY, Ms. Pakistan is not aiding, assisting, advising, or Committee on Energy and Commerce. SCHWARTZ, Mr. LATOURETTE, Mr. DIN- informing the Haqqani network in any ca- 5139. A letter from the Deputy Associate GELL, Mr. CRAWFORD, Mr. CRAVAACK, pacity, and for other purposes; to the Com- Director for Management and Administra- Mr. ROE of Tennessee, Mr. CONYERS, mittee on Foreign Affairs. tion and Designated Reporting Official, Of- Mr. PETERSON, Mr. MCCOTTER, Mr. By Mr. GENE GREEN of Texas: fice of National Drug Control Policy, trans- GIBBS, Mr. TURNER of Ohio, Mrs. H.R. 4111. A bill to amend the Internal Rev- mitting a report pursuant to the Federal Va- ELLMERS, Mr. HASTINGS of Florida, enue Code of 1986 to exclude from gross in- cancies Reform Act of 1998; to the Com- Mr. SCHILLING, Mr. JOHNSON of Geor- come certain State foster care program pay- mittee on Oversight and Government Re- gia, Mr. HULTGREN, Mr. SHERMAN, Mr. ments made to the biological parents of dis- form. COOPER, Mr. LONG, Mr. MCGOVERN, abled children; to the Committee on Ways 5140. A letter from the Secretary of the Mr. MCINTYRE, Mr. NEAL, Mr. CROW- and Means. Board of Governors, Postal Service, trans- LEY, Mr. LARSON of Connecticut, Ms. By Mr. MARINO (for himself and Mr. mitting the Service’s report, as required by SUTTON, Ms. SCHAKOWSKY, Mr. VIS- MEEHAN): Section 3686(c) of the Postal Accountability CLOSKY, Mr. KUCINICH, Mr. RYAN of H.R. 4112. A bill to allow screening entities and Enhancement Act of 2006; to the Com- Ohio, Mr. DEFAZIO, Ms. NORTON, Mr. to submit, receive, and screen criminal his- mittee on Oversight and Government Re- ALTMIRE, Mr. CLAY, Mr. DOYLE, Mr. tory record information for purposes of form. HOLDEN, Ms. LINDA T. SA´ NCHEZ of criminal history record information searches 5141. A letter from the Senior Program An- California, Mr. RUSH, Mr. ROSS of Ar- on private security officers under the Pri- alyst, Department of Transportation, trans- kansas, Ms. MOORE, Mr. PETERS, Ms. vate Security Officer Employment Author- mitting the Department’s final rule — IFR KAPTUR, Mr. MORAN, Mr. SHULER, Ms. ization Act of 2004; to the Committee on Altitudes; Miscellaneous Amendments BASS of California, Mr. KISSELL, Mr. Education and the Workforce, and in addi- [Docket No.: 30823; Amdt. No. 498] received CARSON of Indiana, Mr. MEEKS, Ms. tion to the Committee on the Judiciary, for January 31, 2012, pursuant to 5 U.S.C. DELAURO, Mr. TONKO, Mr. BRADY of a period to be subsequently determined by 801(a)(1)(A); to the Committee on Transpor- Pennsylvania, Mr. ELLISON, Mr. KIL- the Speaker, in each case for consideration tation and Infrastructure. DEE, Mr. CLARKE of Michigan, Mr. of such provisions as fall within the jurisdic- 5142. A letter from the Chief, Publications YARMUTH, Mr. PALLONE, and Mr. tion of the committee concerned. and Regulations, Internal Revenue Service, RAHALL): By Mr. PAYNE: transmitting the Service’s final rule — De- H.R. 4105. A bill to apply the counter- H.R. 4113. A bill to amend title II of the El- termination of Issue Price in the Case of Cer- vailing duty provisions of the Tariff Act of ementary and Secondary Education Act of tain Debt Instruments Issued for Property 1930 to nonmarket economy countries, and 1965 to help close the gaps in principal prepa- (Rev. Rul. 2012-7) received February 7, 2012, for other purposes; to the Committee on ration and provide new principals with the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Ways and Means. support and tools they need to meet the mittee on Ways and Means. By Mrs. MALONEY (for herself, Mr. complex challenges of school leadership; to 5143. A letter from the Chief, Publications LEWIS of Georgia, Mr. GEORGE MIL- the Committee on Education and the Work- and Regulations, Internal Revenue Service, LER of California, and Mr. SERRANO): force. transmitting the Service’s final rule — Ap- H.R. 4106. A bill to permit employees to re- By Mr. RUNYAN: plication for Recognition as a 501(c)(29) Orga- quest, and to ensure employers consider re- H.R. 4114. A bill to increase, effective as of nization [TD 9574] (RIN: 1545-BK64) received quests for, flexible work terms and condi- December 1, 2012, the rates of compensation February 7, 2012, pursuant to 5 U.S.C. tions, and for other purposes; to the Com- for veterans with service-connected disabil- 801(a)(1)(A); to the Committee on Ways and mittee on Education and the Workforce, and ities and the rates of dependency and indem- Means. in addition to the Committees on Oversight nity compensation for the survivors of cer- 5144. A letter from the Chief, Publications and Government Reform, House Administra- tain disabled veterans, and for other pur- and Regulations Branch, Internal Revenue tion, and the Judiciary, for a period to be poses; to the Committee on Veterans’ Af- Service, transmitting the Service’s final rule subsequently determined by the Speaker, in fairs. — Application of survivor annuity require- each case for consideration of such provi- By Mr. STIVERS (for himself and Mr. ments to deferred annuity contracts under a sions as fall within the jurisdiction of the WALZ of Minnesota): defined contribution plan (Rev. Rul. 2012-3) committee concerned. H.R. 4115. A bill to amend title 38, United received February 7, 2012, pursuant to 5 By Mr. LAMBORN (for himself, Mr. States Code, to require, as a condition on the U.S.C. 801(a)(1)(A); to the Committee on CLEAVER, Ms. BORDALLO, Mr. AUS- receipt by a State of certain funds for vet- Ways and Means. TRIA, Ms. NORTON, and Mr. LATTA): erans employment and training, that the 5145. A letter from the Secretary, Depart- H.R. 4107. A bill to require the Secretary of State ensures that training received by a ment of Health and Human Services, trans- the Treasury to mint coins in commemora- veteran while on active duty is taken into mitting a report on the progress on imple- tion of the centennial of World War I; to the consideration in granting certain State cer- menting the goals and responsibilities of the Committee on Financial Services. tifications or licenses, and for other pur- Medicare-Medicaid Coordination Office; By Ms. BERKLEY: poses; to the Committee on Veterans’ Af- jointly to the Committees on Energy and H.R. 4108. A bill to amend the Internal Rev- fairs. Commerce and Ways and Means. enue Code of 1986 to increase and extend the By Mr. RIBBLE (for himself and Mr. f credit for qualifying advanced energy RIGELL): projects, and for other purposes; to the Com- H.J. Res. 105. A joint resolution proposing PUBLIC BILLS AND RESOLUTIONS mittee on Ways and Means, and in addition an amendment to the Constitution of the Under clause 2 of rule XII, public to the Committees on Natural Resources, United States limiting the number of times bills and resolutions of the following and the Budget, for a period to be subse- Senators and Representatives may be elect- quently determined by the Speaker, in each ed; to the Committee on the Judiciary. titles were introduced and severally re- case for consideration of such provisions as By Mr. HOYER (for himself, Mr. CON- ferred, as follows: fall within the jurisdiction of the committee NOLLY of Virginia, Ms. EDWARDS, Mr. By Mr. CAMP (for himself, Mr. LEVIN, concerned. MORAN, Ms. NORTON, Mr. VAN HOL- Mr. BRADY of Texas, Mr. MCDERMOTT, By Mr. GALLEGLY: LEN, and Mr. WOLF): Mr. HERGER, Mr. NUNES, Mr. DAVIS of H.R. 4109. A bill to designate additional H. Con. Res. 106. Concurrent resolution au- Kentucky, Mr. REICHERT, Mr. BOU- National Forest System land in the Los Pa- thorizing the use of the Capitol Grounds for STANY, Mr. ROSKAM, Mr. GERLACH, dres National Forest in the State of Cali- the Greater Washington Soap Box Derby; to Mr. BUCHANAN, Mr. SCHOCK, Mr. fornia as wilderness, to make certain wild the Committee on Transportation and Infra- PAULSEN, Mr. MARCHANT, Mrs. BLACK, and scenic river designations in that Na- structure. Mr. REED, Mr. RANGEL, Mr. LEWIS of tional Forest, to designate the Condor Ridge By Mr. AL GREEN of Texas (for him- Georgia, Mr. THOMPSON of California, Scenic Area, to address off highway vehicle self, Mr. BUTTERFIELD, Mr. CLARKE of Mr. BLUMENAUER, Mr. KIND, Mr. PAS- use in that National Forest, to facilitate a Michigan, Ms. CLARKE of New York,

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2568 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 February 29, 2012

Mr. CLEAVER, Mr. CONYERS, Mr. CUM- Article I, Section 8 of the U.S. Constitu- H.R. 1167: Mr. QUAYLE. MINGS, Ms. BORDALLO, Mr. DAVIS of tion. H.R. 1172: Mr. PAYNE. Illinois, Mr. FATTAH, Ms. NORTON, By Mr. GENE GREEN of Texas: H.R. 1175: Mr. SCHOCK. Mr. JACKSON of Illinois, Ms. JACKSON H.R. 4111. H.R. 1179: Mr. HURT, Mr. GIBSON, Mr. ISSA, LEE of Texas, Ms. EDDIE BERNICE Congress has the power to enact this legis- Mr. DESJARLAIS, and Mr. SIMPSON. JOHNSON of Texas, Mr. JOHNSON of lation pursuant to the following: H.R. 1182: Mr. ROSS of Florida and Mr. Georgia, Ms. LEE of California, Mr. Article I, Section 8, Clause 1 QUAYLE. LEWIS of Georgia, Ms. MCCOLLUM, Mr. By Mr. MARINO: H.R. 1206: Mr. GRIFFITH of Virginia, Mr. MEEKS, Mr. RANGEL, Ms. RICHARDSON, H.R. 4112. BONNER, and Mrs. HARTZLER. Mr. RUSH, Ms. SEWELL, Mr. WATT, Congress has the power to enact this legis- H.R. 1259: Mr. AMODEI, Mr. HENSARLING, Ms. WILSON of Florida, Mr. CARNA- lation pursuant to the following: Ms. BUERKLE, and Mr. CRAVAACK. HAN, Ms. BASS of California, Mr. Clause 3 of section 8 of article I of the Con- H.R. 1332: Mr. COSTA and Mr. HIMES. RICHMOND, Mr. CLYBURN, Mr. COHEN, stitution. H.R. 1342: Mr. ROTHMAN of New Jersey. Mrs. CHRISTENSEN, Mr. TOWNS, Mr. By Mr. PAYNE: H.R. 1375: Mr. ANDREWS, Mr. DEFAZIO, Mr. PAYNE, Ms. WATERS, Mr. BISHOP of H.R. 4113. FITZPATRICK, Mrs. CHRISTENSEN, and Ms. Georgia, Ms. BROWN of Florida, Mr. Congress has the power to enact this legis- MATSUI. HASTINGS of Florida, Mr. SCOTT of lation pursuant to the following: H.R. 1412: Mr. DOLD. Virginia, Mr. CUELLAR, Mr. THOMP- Article I, Section 8, Clause 3 of the Con- H.R. 1418: Mr. MARCHANT. SON of Mississippi, Mr. CLAY, Mr. stitution H.R. 1451: Ms. BONAMICI and Ms. DELAURO. DAVID SCOTT of Georgia, Ms. MOORE, The Congress shall have Power . . . To reg- H.R. 1498: Mr. HONDA and Ms. HAHN. Mr. ELLISON, Mr. CARSON of Indiana, ulate Commerce with foreign Nations, and H.R. 1505: Mr. COBLE. H.R. 1561: Mr. RANGEL and Ms. WOOLSEY. Ms. EDWARDS, Ms. FUDGE, and Mr. among the several States, and with the In- H.R. 1639: Mr. UPTON. WEST): dian Tribes. H. Res. 567. A resolution recognizing the By Mr. RUNYAN: H.R. 1738: Mr. GARAMENDI. H.R. 1756: Mr. BENISHEK. significance of Black History Month; to the H.R. 4114. H.R. 1781: Mr. AL GREEN of Texas and Mr. Committee on Education and the Workforce. Congress has the power to enact this legis- COHEN. lation pursuant to the following: f H.R. 1842: Mr. FILNER. Article I, Section 8 of the Constitution of H.R. 1919: Mr. CLAY. CONSTITUTIONAL AUTHORITY the United States. H.R. 1936: Ms. CASTOR of Florida. STATEMENT By Mr. STIVERS: H.R. 1946: Mr. KISSELL. H.R. 4115. Pursuant to clause 7 of rule XII of H.R. 2077: Mr. DUFFY, Mr. HECK, Mrs. BACH- Congress has the power to enact this legis- MANN, and Mr. BROUN of Georgia. the Rules of the House of Representa- lation pursuant to the following: H.R. 2104: Mr. BARTLETT, Mr. MCGOVERN, tives, the following statements are sub- Article I, Section 8, Clause 1 of the United Mr. GARAMENDI, Mr. BLUMENAUER, Mr. RAN- mitted regarding the specific powers States Constitution. GEL, Mr. MCKINLEY, Ms. SPEIER, and Mr. granted to Congress in the Constitu- By Mr. RIBBLE: BERMAN. H.J. Res. 105. tion to enact the accompanying bill or H.R. 2124: Mr. HARRIS. Congress has the power to enact this legis- joint resolution. H.R. 2139: Mr. SARBANES and Ms. WILSON of By Mr. CAMP: lation pursuant to the following: Florida. The constitutional amendment authority H.R. 4105. H.R. 2145: Mr. MARCHANT and Mr. and process set forth in Article V of the U.S. Congress has the power to enact this legis- NUNNELEE. Constitution. lation pursuant to the following: H.R. 2179: Mr. GRIFFITH of Virginia and Section 8 of Article I of the U.S. Constitu- f Mrs. BLACK. tion. H.R. 2182: Ms. MATSUI. By Mrs. MALONEY: ADDITIONAL SPONSORS H.R. 2187: Mr. FARR. H.R. 4106. Under clause 7 of rule XII, sponsors H.R. 2242: Mr. KISSELL. Congress has the power to enact this legis- were added to public bills and resolu- H.R. 2245: Mr. CRITZ and Ms. RICHARDSON. lation pursuant to the following: tions as follows: H.R. 2268: Mr. PENCE. Article I, Section 8, Clause 3 H.R. 2288: Mr. RUNYAN. The Congress shall have Power * * * To H.R. 115: Ms. CHU. H.R. 2299: Mr. GRIFFITH of Virginia. regulate Commerce with foreign Nations, H.R. 140: Mr. UPTON. H.R. 2364: Mr. HIMES. and among the several States, and with the H.R. 273: Mr. GOSAR, Mr. COURTNEY, and H.R. 2381: Mr. PETRI. Indian Tribes. Mr. HINOJOSA. H.R. 2563: Mr. ROYCE. By Mr. LAMBORN: H.R. 303: Mr. ROONEY, Mr. SCHRADER, and H.R. 2595: Mr. PAYNE. H.R. 4107. Mr. TIERNEY. H.R. 2600: Ms. WOOLSEY. Congress has the power to enact this legis- H.R. 324: Mr. ROTHMAN of New Jersey, Ms. H.R. 2689: Ms. WATERS, Ms. KAPTUR, Ms. lation pursuant to the following: SUTTON, Mr. SIRES, and Mr. HOLDEN. CHU, Mr. TOWNS, Ms. RICHARDSON, Ms. JACK- Clause 6, Section 8, Article 1, which states H.R. 327: Mr. ROTHMAN of New Jersey, Mr. SON LEE of Texas, Mr. CUMMINGS, Mrs. ‘‘The Congress shall have the power . . . to HOLT, Mr. GENE GREEN of Texas, and Mr. CHRISTENSEN, and Mr. PAYNE. coin Money, regulate the Value thereof, and COSTELLO. H.R. 2697: Mr. BUCSHON, Ms. BONAMICI, Mr. of foreign Coin, and fix the Standard of H.R. 329: Mr. LARSON of Connecticut and HULTGREN, and Mr. MARINO. Weights and Measures.’’ Mr. SCHRADER. H.R. 2698: Mr. REHBERG. By Ms. BERKLEY: H.R. 370: Mr. HONDA. H.R. 2718: Mr. WELCH. H.R. 4108. H.R. 396: Mr. THOMPSON of California. H.R. 2787: Mr. BARROW and Mr. CONNOLLY of Congress has the power to enact this legis- H.R. 452: Mr. GRAVES of Georgia. Virginia. lation pursuant to the following: H.R. 458: Mrs. DAVIS of California and Mr. H.R. 2941: Mr. KING of New York. Article 1, Section 8. GARAMENDI. H.R. 3001: Mr. VAN HOLLEN. By Mr. GALLEGLY: H.R. 511: Mr. POLIS. H.R. 3015: Mr. BARROW and Mr. MCGOVERN. H.R. 4109. H.R. 555: Ms. ZOE LOFGREN of California. H.R. 3039: Mr. MURPHY of Connecticut. Congress has the power to enact this legis- H.R. 576: Ms. BROWN of Florida. H.R. 3066: Mr. PALAZZO. lation pursuant to the following: H.R. 664: Mr. DOGGETT. H.R. 3130: Mr. SCHWEIKERT. Under Article IV, Section 3, Clause 2 of the H.R. 692: Mr. LAMBORN. H.R. 3132: Ms. ROYBAL-ALLARD. United States Constitution, the power of H.R. 719: Mr. CUELLAR and Mr. MCINTYRE. H.R. 3134: Mr. NADLER. Congress to make all needful Rules and Reg- H.R. 745: Mrs. HARTZLER. H.R. 3143: Mr. DANIEL E. LUNGREN of Cali- ulations respecting the Territory or other H.R. 777: Ms. BONAMICI. fornia. Property belonging to the United States. As H.R. 785: Mr. LANDRY. H.R. 3145: Mr. LARSON of Connecticut. well as Article I, Section 8, Clause 18, relat- H.R. 807: Mr. CLARKE of Michigan. H.R. 3164: Ms. HAHN and Mr. SHERMAN. ing to the power to make all laws necessary H.R. 860: Mr. MARINO, Mr. DESJARLAIS, Mr. H.R. 3179: Mr. MARCHANT, Mr. YOUNG of In- and proper for carrying out the powers vest- ROSS of Arkansas, Mr. REHBERG, Ms. CASTOR diana, Ms. NORTON, and Mr. AUSTIN SCOTT of ed in Congress. of Florida, and Mr. SCHIFF. Georgia. By Mr. MCCAUL: H.R. 892: Mr. ELLISON. H.R. 3187: Mr. PAYNE and Ms. HAYWORTH. H.R. 4110. H.R. 964: Mrs. MALONEY. H.R. 3192: Mr. CONNOLLY of Virginia. Congress has the power to enact this legis- H.R. 1041: Mr. DAVID SCOTT of Georgia and H.R. 3200: Mr. SARBANES, Ms. HANABUSA, lation pursuant to the following: Mr. FORBES. and Mr. BARLETTA.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 2 2569

H.R. 3252: Mr. WEST. H.R. 3992: Mr. ACKERMAN. LATTE, Mr. NUNES, Mr. SCHOCK, Mr. GOSAR, H.R. 3264: Mrs. ADAMS, Mrs. BACHMANN, and H.R. 4010: Mr. ENGEL, Mr. RICHMOND, Mr. Mr. TURNER of New York, Mr. WESTMORE- Mr. FLEMING. CLARKE of Michigan, Ms. MOORE, Mr. HAS- LAND, Ms. BUERKLE, Mr. WEBSTER, Mr. GRIF- H.R. 3269: Mr. FLEISCHMANN. TINGS of Florida, Mrs. MCCARTHY of New FITH of Virginia, Mr. MEEHAN, Mr. ROSKAM, H.R. 3307: Ms. BONAMICI. York, Mr. GRIJALVA, Mrs. LOWEY, Mr. KIL- Mr. BRADY of Texas, Mrs. ADAMS, Mr. REH- H.R. 3324: Ms. WASSERMAN SCHULTZ. DEE, and Mr. CARSON of Indiana. BERG, Mr. ROGERS of Alabama, Mr. RIGELL, H.R. 3368: Mr. CONYERS, Mr. PASTOR of Ari- H.R. 4017: Mr. ROTHMAN of New Jersey. Mr. HIGGINS, Mr. DAVID SCOTT of Georgia, zona, and Mr. GUTIERREZ. H.R. 4038: Mr. GUTIERREZ. Mr. PASCRELL, Mr. SIRES, Mr. SCHWEIKERT, H.R. 3423: Mr. MICA, Mrs. BLACKBURN, Mr. H.R. 4040: Mr. ALEXANDER, Mr. BARROW, Mr. COSTA, Mr. LUETKEMEYER, Mr. ROTHMAN HINCHEY, Mr. ENGEL, Mrs. MALONEY, and Mr. Mr. BARTON of Texas, Mr. BILBRAY, Mr. of New Jersey, Mr. SCALISE, Mr. CICILLINE, KISSELL. BISHOP of Georgia, Mr. BOREN, Mr. BOU- Mr. LIPINSKI, Mr. JOHNSON of Georgia, Mrs. H.R. 3458: Mr. INSLEE. STANY, Mr. CALVERT, Mr. CAMPBELL, Mr. LOWEY, Mr. HUNTER, Mr. KING of New York, H.R. 3481: Mr. MURPHY of Pennsylvania. CANSECO, Mr. CARNEY, Mr. CARTER, Mr. Mr. MCCAUL, Mr. YOUNG of Florida, Ms. BASS H.R. 3525: Mr. CLEAVER. CHANDLER, Mr. CLARKE of Michigan, Mr. CLY- of California, Mr. PETERS, Mr. COURTNEY, H.R. 3541: Mr. WEST, Mr. STIVERS, Mr. BURN, Mr. COOPER, Mr. COSTA, Mr. CRENSHAW, Mr. CONNOLLY of Virginia, Ms. KAPTUR, and OLSON, Mr. SCHWEIKERT, and Mr. GINGREY of Mr. CROWLEY, Mr. GALLEGLY, Mr. GOHMERT, Mr. ANDREWS. Georgia. Mr. KING of Iowa, Mr. KLINE, Mr. LEWIS of H.R. 3573: Mr. BRADY of Pennsylvania. California, Mr. MACK, Mrs. MALONEY, Mr. f H.R. 3591: Ms. BONAMICI. MCKEON, Mr. MICA, Mr. GARY G. MILLER of H.R. 3596: Mr. BOSWELL. California, Mrs. NAPOLITANO, Mr. RAHALL, CONGRESSIONAL EARMARKS, LIM- H.R. 3634: Mrs. MYRICK. Mr. REHBERG, Mr. ROSS of Arkansas, Ms. ITED TAX BENEFITS, OR LIM- H.R. 3643: Mr. LANCE. ROYBAL-ALLARD, Mr. SCHRADER, Mr. SHULER, ITED TARIFF BENEFITS H.R. 3646: Mr. ELLISON. Mr. TOWNS, Mr. VAN HOLLEN, Mr. YOUNG of H.R. 3710: Mr. RICHMOND, Mr. AL GREEN of Florida, Mr. KUCINICH, and Mr. Under clause 9 of rule XXI, lists or Texas, Mr. DAVIS of Illinois, Ms. SEWELL, Mr. FALEMOAVAEGA. statements on congressional earmarks, TOWNS, and Mr. THOMPSON of Mississippi. H.R. 4046: Mr. WALBERG, Mr. BARTON of limited tax benefits, or limited tariff H.R. 3720: Mr. LAMBORN. Texas, and Mr. HUELSKAMP. benefits were submitted as follows: H.R. 3728: Mr. BARTLETT and Mr. HARRIS. H.R. 4069: Mr. PITTS, Mr. BILBRAY, Mr. OFFERED BY MR. HASTINGS OF WASHINGTON H.R. 3773: Mr. CUELLAR. HUNTER, Mr. HERGER, Mr. FRANKS of Arizona, H.R. 3783: Mrs. ADAMS, Mr. HARRIS, and Mr. Mr. JONES, Mr. KINGSTON, Mr. WOLF, and Mr. Senate bill 1134 is aimed at ensuring the MARINO. WEST. federal Wild and Scenic Act is not used to H.R. 3798: Mr. ROTHMAN of New Jersey, Ms. H.R. 4070: Mr. JONES and Mr. DENT. block the states of Wisconsin and Minnesota SCHAKOWSKY, Ms. MCCOLLUM, Mr. RANGEL, H.R. 4087: Ms. ROS-LEHTINEN and Mr. from replacing an 80-year-old bridge over the Mr. OLVER, Mr. WELCH, Mr. FITZPATRICK, Mr. MORAN. St. Croix River. SMITH of New Jersey, and Mr. GARY G. MIL- H.R. 4089: Mr. DUNCAN of South Carolina. This Senate bill is similar to H.R. 850, LER of California. H.R. 4095: Mr. ROGERS of Kentucky. which the House Natural Resources Com- H.R. 3803: Mr. LUCAS, Mr. FLAKE, Mr. H.J. Res. 78: Mr. ENGEL. mittee favorably reported in October of last KINZINGER of Illinois, Mr. COSTELLO, Mr. H.J. Res. 88: Mr. ENGEL. year, and, like H.R. 850, it is in compliance RYAN of Wisconsin, Mr. OLSON, and Mr. RI- H.J. Res. 103: Mr. PALAZZO and Mr. ROKITA. with House Rule XXI, clause 9. S. 1134 does VERA. H.J. Res. 104: Mr. YODER. not contain congressional earmarks, limited H.R. 3805: Mr. SCHWEIKERT. H. Res. 25: Mr. PASCRELL. tax benefits, or limited tariff benefits. H.R. 3806: Mr. HARRIS. H. Res. 271: Mr. BARTON of Texas and Mrs. Senate bill 1134 affects multiple states and H.R. 3826: Ms. DELAURO and Mr. SIRES. HARTZLER. removes a prohibition from federal law that H.R. 3842: Mr. NUNNELEE. H. Res. 341: Mrs. CAPPS, Mr. MCGOVERN, is being used as a barrier to two states re- H.R. 3847: Ms. SLAUGHTER. Mr. GRIJALVA, and Mr. DOYLE. placing a bridge. H.R. 3849: Mr. COLE, Mr. SULLIVAN, and Mr. H. Res. 413: Ms. HOCHUL. JONES. H. Res. 485: Mr. RANGEL, Mr. WOLF, and Mr. f H.R. 3855: Mr. HUNTER, Mr. FILNER, and Mr. LIPINSKI. PASCRELL. H. Res. 526: Mr. RIVERA. DELETIONS OF SPONSORS FROM H.R. 3863: Mr. SENSENBRENNER. H. Res. 546: Mrs. MYRICK. PUBLIC BILLS AND RESOLUTIONS H.R. 3881: Ms. NORTON and Mr. MORAN. H. Res. 552: Ms. MCCOLLUM. Under clause 7 of rule XII, sponsors H.R. 3895: Mr. ROE of Tennessee. H. Res. 556: Mr. MARCHANT, Mr. AKIN, Mr. were deleted from public bills and reso- H.R. 3911: Mr. HOLDEN. CAPUANO, Mr. WALBERG, Mr. DEUTCH, Mr. H.R. 3981: Mr. AUSTIN SCOTT of Georgia. WOMACK, Mr. GARDNER, Mr. RIVERA, Mr. VAN lutions as follows: H.R. 3984: Mr. GUTIERREZ and Mr. NADLER. HOLLEN, Mr. FILNER, Mrs. BLACK, Mr. GOOD- H.R. 1912: Mr. ROYCE.

VerDate Sep 11 2014 11:52 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR12\H29FE2.002 H29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2570 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 February 29, 2012 EXTENSIONS OF REMARKS

HONORING THE RETIREMENT OF In 2004, Mr. Summerall joined the Program H. Res. 563, yes on the Grijalva amendment MR. WILMOT N. SUMMERALL III Executive Office, Ships, where he played a to H.R. 2117, yes on the Bishop amendment critical role in defining and fielding the Navy’s to H.R. 2117, yes on the Polis amendment #5 HON. JAMES P. MORAN future Surface Fleet. During his tenure and as to H.R. 2117, yes on the Democratic motion to OF VIRGINIA a result of his sound stewardship, the Navy recommit H.R. 2117 and no on final passage IN THE HOUSE OF REPRESENTATIVES has commissioned 19 surface combatants into of H.R. 2117. Wednesday, February 29, 2012 the Fleet, including the nation’s first two Lit- f toral Combat Ships; restarted production of Mr. MORAN. Mr. Speaker, I rise today to the Arleigh Burke (DDG 51) Class guided mis- HONORING EDITH PITTENGER ON recognize and pay tribute to an outstanding sile destroyers; and begun design and con- HER 100TH BIRTHDAY public servant, Wilmot N. Summerall III, for his struction of the Navy’s next generation de- more than 33 years of service within the civil- stroyer, the Zumwalt (DDG 1000) Class. In HON. MIKE PENCE ian leadership of the Department of Defense. 2011 alone, he oversaw contract awards and OF INDIANA It is my great pleasure to recognize his options for an additional 26 ships, valued at IN THE HOUSE OF REPRESENTATIVES achievements and to thank him and his family $12 billion. He has consistently encouraged in- Wednesday, February 29, 2012 for their service to the Navy and our nation. novation while driving implementation of best Mr. Summerall began his public service as Mr. PENCE. Mr. Speaker, I rise to honor practices across his programs, resulting in the a mining engineer with the United States Geo- Edith Pittenger on the occasion of her 100th introduction of hybrid electric drive, common logical Survey (USGS) and is concluding his birthday. class-wide acquisition management proc- career as Executive Director for the Combat- Edith was born in Pendleton, Indiana, on esses, bold changes to acquisition strategies, ants Office, Program Executive Office, Ships, February 24, 1912. She went on to attend Ball major increases in design maturity, more effi- where he oversees one of the most complex State University in 1929, and later earned her cient work sequencing, increased competition acquisition portfolios in the Navy—including masters degree in 1961. Edith enjoyed a long and smart buying practices. At the heart of his more than $36 billion in new construction pro- and satisfying career in teaching, having held efforts has been a relentless drive to improve grams, encompassing $16 billion currently positions in both Pendleton and Muncie. the strength, capability, and flexibility of our under contract and $20 billion in future pro- Edith is blessed with excellent health and is operating forces at the best possible value to gramming. Highly respected throughout the still able to drive. She is also a long-time the American public. member of St. Paul’s United Methodist DoD acquisition community for his unsur- Mr. Summerall’s contributions to our nation passed knowledge, unwavering perseverance, Church. She was married for 45 years and her extend far beyond his material achievements loving family includes three children and a and the courage of his convictions, he leaves and programmatic accomplishments. His a long and lasting legacy to our nation—both stepson, 10 grandchildren, 22 great-grand- unique ability to recognize talent and to foster children, four great-great-grandchildren and through his unparalleled contributions to the respect and camaraderie throughout the work- strength and flexibility of our Navy’s surface another on the way. force has had an enormous influence on our As the Good Book says, ‘‘The elders [. . .] forces and through the generation of profes- nation’s next generation acquisition profes- sionals that he has mentored during his time are worthy of double honor, especially those sionals and will continue to steer the course of whose work is preaching and teaching.’’ And in federal service. our Navy well into the future. Mr. Summerall has a long and distinguished so today I honor Edith Pittenger for her life- Throughout his distinguished federal service career of innovative thinking and aggressive time and service and wish her the best in the career, Mr. Summerall has been honored with execution of shipbuilding programs across the years to come. numerous awards for his service, including the entire spectrum of naval shipbuilding. Since f Meritorious Presidential Rank Award, the De- joining the federal service in 1978, which in- partment of Defense Value Engineering Award HONORING CLAY COUNTY cludes becoming a member of the Senior Ex- and the Department of the Navy Competition DETECTIVE DAVID WHITE ecutive Service in 2004, he has held a variety and Procurement Excellence Award. of key leadership roles, including senior posi- Mr. Summerall’s tireless leadership and life- HON. CLIFF STEARNS tions with the Naval Sea Systems Command long commitment to the Navy’s shipbuilding OF FLORIDA and the office of the Assistant Secretary of the capability have earned him the deep respect IN THE HOUSE OF REPRESENTATIVES Navy for Financial Management and Comp- of his peers and shipmates throughout the Wednesday, February 29, 2012 troller. A visionary leader and revered expert Navy acquisition and fleet support commu- in the field of defense acquisition, Mr. nities. It is, therefore, a pleasure to recognize Mr. STEARNS. Mr. Speaker, I rise today to Summerall has led the Navy’s surface combat- him for his many contributions in a life devoted recognize Clay County Detective David White ant shipbuilding activities through some of the to our nation’s security. I know my colleagues who was killed in the line of duty on February most challenging and dynamic times of our join me in wishing him and his wife Linda 16, 2012 at age 35. Detective White and his modern Navy—with vision, insight, and deter- much happiness and fair winds and following partner, Detective Matt Hanlin, were in the mination. Challenged to help build the Surface seas as they begin a new chapter in their lives process of breaking up a meth lab in Middle- Fleet of the future in a profoundly austere fis- together. burg, Florida. Detective Hanlin was shot in the cal environment, he has worked relentlessly to arm and is expected to recover. White is the foster support and understanding for leading f first Clay County deputy shot on duty in nearly edge ship programs at the highest levels of PERSONAL EXPLANATION 40 years and the first killed in the line of duty the Navy, Defense, and Congress. He truly since 1913. He is not only a hero as part of leads by example, consistently compelled to HON. BARBARA LEE the Clay County Sheriff’s Office, but also in his do the right thing on behalf of our nation’s OF CALIFORNIA service as a specialist in the U.S. Army Re- Sailors and Marines—America’s sons and IN THE HOUSE OF REPRESENTATIVES serve as a military police platoon team leader daughters—who serve on the products he has in deployments to Croatia, Bosnia and Iraq. tirelessly supported. His efforts have helped Wednesday, February 29, 2012 He is survived by his wife and two children, result in a monumental leap forward in the Ms. LEE of California. Mr. Speaker, I was ages 5 months and 4 years old; he and his strength and capability of the Navy’s current not present for roll call votes 74–79. Had I family are in our prayers. David’s life is a tes- and future Surface Fleet. been able to vote, I would have voted no on tament to the courage and sense of duty that

● 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 Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 2571 men and women possess, who chose to dedi- Catholic who attended 8 a.m. Mass at the Council on Aging and is bestowed to a Geor- cate their lives to defend us all. His tragic Carmelite Monastery virtually every day. I al- gian who is at least 80 years of age and has death is not in vain but a tribute to the highest ways knew Larry to be concerned about the made significant contributions to society ideals of self-sacrifice for freedom and justice. others around him. It was never about Larry. through their occupational or volunteer efforts. God Bless him. I don’t think he had a negative bone in his Mrs. Hind hails from Albany, Georgia and f body. received her BS degree in Home Economics Larry was an attorney for more than fifty at the University of Georgia in 1951. After she PASSING OF ANTHONY SHADID years and one of the most respected in Mon- graduated from college, Mrs. Hind worked as terey County. During a rich and full life, he di- a Home Economist Extension Agent in HON. DAN BOREN rected the Peace Corps in three Central and Crawford County, Georgia and a year later OF OKLAHOMA South American countries, was a regional di- she accepted a similar position in Lee County, IN THE HOUSE OF REPRESENTATIVES rector of President Johnson’s War on Poverty, Georgia. served on the board of the Monterey Institute For 44 years, Mrs. Hind has admirably Wednesday, February 29, 2012 of International Studies, and was a leader of served as the Executive Director of the South- Mr. BOREN. Mr. Speaker, last week the the Special Olympics. Horan’s wide-ranging west Georgia Council on Aging, an agency world lost an incredible journalist, and Okla- law practice included civil litigation, conserva- that oversees programs for senior citizens in homa lost a son: Anthony Shadid. At the time tion easements, and land use among other 14 counties in Southwest Georgia. This distin- of his death Anthony was covering the turmoil areas. Upon graduation from the Boalt Hall guished agency was incorporated in 1966 to in Syria, despite the many attempts to limit School of Law at the University of California, address the needs of older people in Dough- media coverage of the violence. This attitude Larry signed on as a prosecutor in the Ala- erty County, Georgia. Over the years, Mrs. marked Anthony’s entire career—he put the meda County District Attorney’s office. After Hind has successfully led the agency to meet importance of sharing information before his five years as a prosecutor, my father, then the needs of the ever-increasing number of personal safety. For 15 years, Anthony worked state Sen. Fred Farr, lured Larry and his wife senior citizens living in southwest Georgia. relentlessly to investigate and bring to light the Jean to the Monterey Peninsula in 1960 to join Due in large part to her successful profes- events in the Middle East. his law firm. Their partnership and friendship sional career and her unyielding advocacy on Anthony was a two-time Pulitzer Prize win- lasted many years. The law partnership grew behalf of America’s seniors, Mrs. Hind has ner for his reporting on the U.S. invasion of and transformed and has become one of the been recognized repeatedly for her occupa- Iraq in 2004 and for the withdrawal of U.S. leading firms on the Central Coast, with the tional achievements. Mrs. Hind has received troops six years later, but he transcended tra- Horan name at the lead. the Trailblazer Award from the 100 Black Men ditional reporting. He was unafraid as he The Horans were great admirers of Presi- of Southwest Georgia; the Georgia Geron- pushed into the front lines, and he often faced dent John F. Kennedy, whose assassination in tology Society’s John Tyler Mauldin Award; dangerous situations head-on. 1963 spurred them to change their lives. Fol- the Darton College Woman of Worth Award; While Anthony Shadid will always be re- lowing JFK’s call to service, Larry and Jean and the Elsie Alvis Excellence in Aging Award. membered for his courageous reporting, he became a Peace Corps family. With their four Additionally, she has served as a delegate to also leaves behind a loving family. Anthony’s young children, Kevin, Kathleen, Maurine, and the White House Conference on Aging on four wife, Nada Bakri, is also a reporter for the Stephen, they set out for Central America. separate occasions. New York Times; Anthony also has two young Larry eventually served as agency director in Mrs. Hind has achieved numerous suc- children, Malik and Laila. Several members of El Salvador and Costa Rica and in Colombia, cesses in her life, but none of this would have his family remain in Oklahoma, including his where their youngest daughter Laura was born been possible without the support of her late cousin Ed Shadid, a city councilman in Okla- and where I was already serving as a Peace husband of 39 years, Mr. John Carswell Hind homa City. Corps volunteer in Medellin. Following the and her three loving children—Richard, Ken My family’s deepest sympathies go out to Peace Corps, Sargent Shriver tapped Larry to and Gail. the Shadid’s and everyone else whose life head the Western Regional office for Presi- On a personal note, Mrs. Hind has served was touched by Anthony. dent Johnson’s War on Poverty. Later, Shriver as an advisor and friend to me for many years f asked Larry to establish and chair the North- and she has frequently given me wise counsel ern California Chapter of the Special Olym- and sound advice. I am especially grateful to IN HONOR OF LARRY HORAN pics. her for her unyielding advocacy and ongoing Mr. Speaker, I know I speak for the whole efforts in trying to secure a new, state of the HON. SAM FARR House in recognizing the contributions that art senior center in Albany, Georgia. Her tire- Larry Horan made to make this world a better OF CALIFORNIA less efforts in fighting for this new facility is place. We offer our condolences to his family IN THE HOUSE OF REPRESENTATIVES just one of the many reasons that people and friends. Those of us who had the good Wednesday, February 29, 2012 throughout the state of Georgia and across fortune to have known Larry are better people our country have come to admire and respect Mr. FARR. Mr. Speaker, I rise today on be- for the experience. Mrs. Hind. half of myself and my late father, State Sen- f Mr. Speaker, I ask my colleagues to join me ator Fred Farr, to honor the life of a dear fam- IN HONOR OF KAY HIND today in paying tribute to Mrs. Kay Hind for ily friend, Larry Horan, who died recently at her life of selfless service to the seniors and the all too young age of eighty-two following a HON. SANFORD D. BISHOP, JR. working families in Georgia and throughout short illness. Larry became a dear personal our United States of America. friend of my father, and for much of my own OF GEORGIA IN THE HOUSE OF REPRESENTATIVES f life, was like an uncle to me. He was a skilled lawyer and devoted family man whose exam- Wednesday, February 29, 2012 RECOGNITION OF THE PEACE ple of public service and dedication to others Mr. BISHOP of Georgia. Mr. Speaker, I rise CORPS’ 51ST ANNIVERSARY served as a model for everybody who has the today to pay tribute to an outstanding commu- good fortune to know him. nity leader and good friend to me and the HON. JESSE L. JACKSON, JR. Larry and his wife of fifty-eight years, Jean, community of Albany, Georgia—Mrs. Kay Hind OF ILLINOIS were both University of California graduates. of the Southwest Georgia Council on Aging. IN THE HOUSE OF REPRESENTATIVES They raised five children who in turn gave On Thursday, February 23, 2012, the Georgia Wednesday, February 29, 2012 them twelve grandchildren. Larry and Jean’s Council on Aging honored Mrs. Hind at a re- deep friendship with my late father made them ception in the Georgia State Capitol Rotunda Mr. JACKSON of Illinois. Mr. Speaker, I rise almost a part of my own family, and I theirs. after she received the Distinguished Older today to congratulate the Peace Corps on its Indeed, as Larry’s melanoma took hold, he Georgian Award on the floor of the Georgia 51st anniversary and to recognize the anniver- and Jean approached my wife Shary to help House of Representatives. sary and to recognize the outstanding work them work the issues that they faced as the The Distinguished Older Georgian Award the organization has done in its years of serv- end of Larry’s life neared. Horan was a devout was created in January 2003 by the Georgia ice. Since 1961, the Peace Corps has placed

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2572 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 February 29, 2012 over 200,000 volunteers in 139 countries. abled. As an educator, mentor, and member I am quite proud that the nation’s leading or- While abroad, volunteers make significant con- of St. Thomas the Apostle Church in Oak ganization working to raise awareness of tributions in developing nations through assist- Ridge, New Jersey, Sister Joan has dedicated Marfan syndrome and support the Marfan ance with agriculture, business development, her life to bettering the lives of others. community, the National Marfan Foundation, is information technology, education, health, HIV/ Sister Joan is one of three children and located in my congressional district, in Port AIDS, youth development, and the environ- grew up in Philadelphia, Pennsylvania. After Washington, New York. The NMF was found- ment. graduating from St. Hubert’s High School, Sis- ed in 1981 by Priscilla Ciccariello, a woman of I am honored to congratulate the Peace ter Joan went on to receive her Bachelor’s de- tremendous compassion and vision. Since Corps. Currently, the Corps has over 9,000 gree at Chestnut Hill College. She then taught then, NMF members and staff have worked volunteers throughout Africa, Asia, the Carib- for several years at local Philadelphia elemen- tirelessly to improve the lives of individuals af- bean, Central America, South America, Eu- tary schools. After being encouraged by those fected by Marfan syndrome and related con- rope, the Pacific Islands, and the Middle East. in her community, Sister Joan went on to ob- nective-tissue disorders by advancing re- As a member of the Foreign Operations Sub- tain a Master’s degree in special education search, raising awareness, and providing sup- committee I make a consistent effort to ensure from Marywood University. port. the Peace Corps has adequate funding to ful- Soon after she received her Master’s de- Marfan syndrome is a rare genetic condition fill its mission. Peace Corps volunteers have gree, Sister Joan began to minister to those that affects connective tissue in the human long been instrumental in improving millions of with special needs at St. Patrick School in body. About one in 5,000 Americans carries a lives, in addition to helping foster strong rela- Pottsville, Pennsylvania and at Our Lady of mutation in the fibrillin gene. This irregularity tionships between the United States and other Confidence School in Philadelphia, Pennsyl- results in an overproduction of a protein called countries around the world. The assistance vania. transforming growth factor beta or TGFB. In- the Peace Corps volunteers provide is an out- In 1989, Sister Joan joined the staff of the creased TGFB impacts connective tissue standing example of the United States’ com- Department for Persons with Disabilities. Upon throughout the entire body. Patient symptoms mitment to making the world a better place her arrival, Sister Joan was critical in estab- often include disproportionately long limbs, a through not only compassion, but also devel- lishing the ‘‘People Need Friends’’ program, protruding or indented chest bone, curved opment opportunities, like language training, which remains popular to this day. Sister Joan spine, and loose joints. Of most concern is youth skills development services, and much also coordinates the ‘‘Catholic Adult Religious thoracic aortic disease, which is when a more. Education’’ program, which provides religious Marfan patient’s aorta, the large artery that One shining example of the success of the instruction to the residents of the Department carries blood away from the heart, is weak- Peace Corps has been its tremendous leader- for Persons with Disabilities. ened and can result in a fatal rupture. It is for ship in the global fight against the HIV/AIDS Not stopping there, Sister Joan also pro- this reason that increased awareness of pandemic. In 2010, approximately 34 million vides emotional and spiritual support to the Marfan syndrome can save lives. people lived with HIV/AIDS, with 22 million of family members and friends of the residents of While there is no cure for Marfan syndrome, those cases located in sub-Saharan Africa. I the Department for Persons with Disabilities. research is underway to enhance our under- firmly believe the work done by the Peace She also provides pastoral care to the resi- standing of the condition and improve patient Corps has had a tremendous impact in areas dents that are too sick to leave the Depart- care. I commend the scientists at the National that have been disproportionally exposed to ment for Persons with Disabilities nursing fa- Institutes of Health, particularly the National this virus. The volunteers use their unique cilities. Recently, she has had the privilege of Heart, Lung and Blood Institute and the Na- training to teach HIV/AIDS prevention in a way organizing the Catholic Charities New Jersey tional Institute of Arthritis and Musculoskeletal that is culturally sensitive to local customs al- Annual Conference and was a member of the and Skin Diseases for their research efforts in lowing Peace Corps professionals to provide Committee for Evangelization under Bishop this regard. I encourage NIH to continue to ex- essential health services to HIV/AIDS patients. Serratelli. pand its research of Marfan syndrome. Finally, I would like to take a moment and For those lucky enough to know Sister Joan Early diagnosis and proper treatment are give special recognition to the members of my personally, they know that family means ev- the keys to successfully managing Marfan district that are currently serving in the Peace erything to her. Her weekends are often filled syndrome so that patients can live a full life. Corps: with trips to Philadelphia and the surrounding I am pleased to announce that recently the Manuel A. Colon, serving in Paraguay from areas to celebrate birthdays, graduations, and American Heart Association and the American 09–Dec–2010 until 15–Dec–2012 to spend time her sisters and their families. In College of Cardiology released new treatment Hannah Gdalman, serving in Guatemala her free time, Sister Joan enjoys reading, guidelines for thoracic aortic disease. We can from 16–Jul–2010 until 15–Jul–2012 crossword puzzles, traveling, and Scrabble. facilitate proper treatment by raising aware- Sarah A. Kopper, serving in Senegal from The job of a United States Congressman in- ness of these guidelines and we can help 15–Oct–2010 until 05–Oct–2012 volves much that is rewarding, yet nothing achieve an early diagnosis by raising aware- Marjorie A. Larson, serving in Mali 03–Sep– compares to recognizing and commemorating ness of Marfan syndrome and related connec- 2010 until 10–Sep–2012 the achievements of truly selfless individuals tive tissue disorders. Ryne G. Peterson, serving in Moldova 08– like Sister Joan Kathleen. Mr. Speaker, I hope my colleagues will join Aug–2009 until 08–Jun–2012 Mr. Speaker, I ask that you join our col- me in raising awareness by observing Marfan Phebe I. Philips-Adeyelu, serving in Mac- leagues, Sister Joan’s family and friends, all Awareness Month. edonia 25–Nov–2010 until 24–Nov–2012 those whose lives she has touched, and me in f Glenise A. Rice, serving in Panama 01–Jul– recognizing Sister Joan Kathleen. IN HONOR OF THE NISEI 2010 until 29–Jun–2012 f VETERANS Thank you Peace Corps for 51 years of global service and leadership. RECOGNIZING FEBRUARY AS NA- TIONAL MARFAN AWARENESS HON. SAM FARR f MONTH OF CALIFORNIA TRIBUTE TO SISTER JOAN IN THE HOUSE OF REPRESENTATIVES KATHLEEN HON. GARY L. ACKERMAN Wednesday, February 29, 2012 OF NEW YORK Mr. FARR. Mr. Speaker, I rise today to rec- HON. BILL PASCRELL, JR. IN THE HOUSE OF REPRESENTATIVES ognize thirty-four Congressional Gold Medal recipients from my District in Central California OF NEW JERSEY Wednesday, February 29, 2012 IN THE HOUSE OF REPRESENTATIVES for their courageous service to our nation dur- Mr. ACKERMAN. Mr. Speaker, I rise today ing World War II as part of the Military Intel- Wednesday, February 29, 2012 in recognition of February as National Marfan ligence Service (MIS), the 100th Infantry Bat- Mr. PASCRELL. Mr. Speaker, I rise today to Awareness Month and to acknowledge the talion (100th Inf), and the 442nd Regimental recognize Sister Joan Kathleen for her contin- hundreds of thousands of Americans who are Combat Team (RCT). ued contributions towards the advancement of living with Marfan syndrome and related con- Established on November 1, 1941, MIS the intellectually and developmentally dis- nective-tissue disorders. graduated 6,000 service members during

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 2573 World War II to provide critical Japanese lan- PAYROLL TAX CUT CONFERENCE 14 weeks of 100% federally funded benefits guage capabilities to the American military. REPORT (H.R. 3630) this year and Michigan’s unemployed workers These brave servicemen and women provided losing access to more weeks of federal bene- translation, interpretation and code breaking HON. GARY C. PETERS fits than any state in the nation. services in the essential Pacific Theater, which OF MICHIGAN Our economy is moving in the right direction and we can’t afford to jeopardize middle class contributed significantly to our nation’s victory. IN THE HOUSE OF REPRESENTATIVES families’ livelihoods and our recovery by risk- In the 1970s, the MIS’s name changed to the Wednesday, February 29, 2012 Defense Language Institute, and all of the De- ing the expiration of the Payroll Tax Cut, but Mr. PETERS. Mr. Speaker, I rise today to we certainly cannot afford to ignore the long- partment of Defense language programs were express my deep concerns with the recently term unemployment in Michigan and across consolidated at Monterey, California. From released conference report by the Payroll Tax the United States. there the program grew into the Defense Lan- Cut Conference Committee. While I am f guage Institute Foreign Language Center. pleased that enacting this conference report COMMEMORATING THE 100TH ANNI- The 100th Inf was largely made up of will stop a tax hike on middle class families by VERSARY OF THE MOUNTAIN former members of the Hawaii Army National extending the Payroll Tax Cut through the end QUARRIES RAILROAD BRIDGE Guard. It was a unit within the US Army’s 34th of the year, I strongly oppose pairing this Infantry Division and later combined with the must-pass provision with legislation that will 442nd RCT, another mostly Nisei unit. To- slash the number of available weeks of unem- HON. TOM McCLINTOCK OF CALIFORNIA gether as a single fighting combat team they ployment benefits for American workers. I also IN THE HOUSE OF REPRESENTATIVES saw action in Italy where they earned the nick- find it deeply troubling that the text of legisla- name of ‘‘Purple Heart Battalion.’’ Following tion cutting unemployment benefits for millions Wednesday, February 29, 2012 World War II, the battalion was reorganized of Americans only became available for public Mr. MCCLINTOCK. Mr. Speaker, I rise today into reserve status but over the decades it review less than 24 hours before a vote, de- to commemorate the 100th anniversary of the was ordered back into active service several spite the pledge by House Republicans to Mountain Quarries Railroad Bridge near Au- times, most recently in Iraq. make bills publicly reviewable for 72 hours be- burn, California. fore a vote. The bridge opened for business in 1912 as The original MIS, the 100th Inf, and the Republicans are forcing an unfair choice be- the longest concrete-arch bridge of its time. Its 442nd RCT were primarily comprised of Nisei, tween tax cuts for the middle class and fully purpose was to deliver mine material across second-generation Japanese-Americans. They maintaining the safety net for unemployed the American River Canyon to and from the faced crushing prejudice and discrimination in workers. This is not a choice Congress should mountain quarries outside of Auburn via a pri- the United States during WWII. Many of their have to make, or that the American public vately-built railroad. For three decades trains family members suffered internment while they should accept, especially when House Repub- rolled over the bridge, allowing the develop- were serving their country. This exceptional licans in their Pledge to America promised to ment of the vast quartz deposits in the area group has received honors and commenda- ‘‘end the practice of packaging unpopular bills and employing thousands over the years and tions of the highest level. Our nation awarded with ‘must-pass’ legislation to circumvent the providing untold wealth to the community. the Medal of Honor to twenty-one members of will of the American people’’ and to ‘‘advance After the train tracks were removed for the 100th Infantry Battalion of the 442nd RCT major legislation one issue at a time.’’ scrap metal to aid in the production of World for heroism during WWII. In 2000, the MIS re- The long-term unemployment crisis and the War II materiel, the bridge continued to serve ceived the Presidential Unit Citation, the high- need for a full extension of unemployment as a public crossing connecting El Dorado and est possible honor for a military unit, and in benefits deserve Congress’s full attention. This Placer counties. The soundness of the is why I led 70 of my colleagues in writing the 2010 the Congressional Gold Medal was bridge’s design and construction allowed it to Chairs of the conference committee along with awarded to the 442nd RCT and the 100th Inf, withstand multiple floods in the canyon that House and Senate Leadership to urge them to as well as the 6,000 graduates of the MIS. At brought down no less than four other bridges include a full extension of unemployment ben- along the American River. The Mountain the end of the war, General Charles efits though the end of this year. While our Quarries Bridge was even pressed into service Willoughby, Chief of Staff for Military Intel- economy is showing signs of real recovery to replace the Highway 49 Bridge, which was ligence under General MacArthur, said that with 23 consecutive months of job growth, the destroyed when Hell Hole Dam broke in 1964, ‘‘The Nisei shortened the Pacific War by two fact remains that our nation is experiencing an until a replacement bridge could be built. years and saved possibly a million American unprecedented long-term unemployment crisis. But the Mountain Quarries Bridge has done lives and saved probably billions of dollars’’ Unemployment benefits are a proven lifeline more than serve the simple commercial pur- during the conflict. to families that they rely on to help pay for ne- pose of transport across the river. Since 1955, Mr. Speaker, I am honored to be paying cessities such as rent, groceries, and utilities. the bridge has been a defining stretch in tribute to this outstanding group of men who Expansions to the unemployment insurance countless endurance rides and foot races. In selflessly served our nation during World War program enacted in the Recovery Act and the famed Western States Endurance Run, II proving the loyalty and bravery of second subsequent legislation in 2009 and 2010 kept Mountain Quarries Bridge serves as the final generation Japanese Americans. From the over 3 million Americans out of poverty in landmark of the course and the transition out 100th Infantry Brigade: Louie Hayashida, Tom 2010, including over 900,000 children. of the California wilderness into Auburn and Kakimoto, Richard Kawamoto, Robert Kitagi, Unfortunately, the harm that cuts to federal the finish line. For the many adventurers, rid- unemployment benefits make to working fami- Ky Miyamoto, William Omoto, Kaz Sugano, ers and runners who have used the bridge on lies is amplified when states, such as Michi- and Sam Sugidono. From the 442nd Regi- hikes and races over the years, it serves as a gan, enact legislation slashing state unemploy- mental Combat Team: Haruo Esaki, Yoshio monument to the trials endured in their jour- ment benefits. Last year, Governor Snyder Fujita, Royal Manaka, Yutaka Nagasaki, Win- neys and the satisfaction and joy of their ac- signed House Bill 4408 into law. While this complishments. ston Nakagawa, Fred Sakasegawa, Roy legislation included a necessary technical fix Standing a few miles from the confluence of Sakasegawa, and Kunio Shimamoto. From the to preserve Michigan’s access to the federal the North and Middle Forks, the Mountain Military Intelligence Service: George Aihara, Extended Benefits (EB) program, it paired this Quarries Railroad Bridge is a testament to by- Roy Hattori, Paul Ichiuji, Otis Kadani, Hajime minor change with a harmful and misguided gone times when the beneficial use of our Kawata, Shig Kihara, Robert Mirikitani, George reduction in state unemployment benefits from public resources was both frequent and cele- Nakamura, Kei Nakamura, Toshio Nakanishi, 26 to 20 weeks, the lowest in the country. Not brated. Having served the many commercial Terry Nakanishi, Gengo Sakamoto, Setsuo only does this cut 6 weeks of state benefits, and recreational purposes of the area for a Takemoto, George Tanaka, Frank Tokubo, more importantly it triggers a proportional re- century, the Mountain Quarries Railroad Ben Umeda, Jiro Watanabe, and Goro duction in federal benefits. Bridge is a fine model for the responsible utili- Yamamoto. I know I speak for the entire Under the Payroll Tax Cut Conference Re- zation of the public lands for the public’s use. House of Representatives in honoring these port, this 6 week change to state benefits will Mr. Speaker, I am glad to rise today and heroes. result in Michigan giving up between 11 and join the communities of El Dorado and Placer

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2574 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 February 29, 2012 counties as they celebrate this auspicious oc- in 1947. They both understood the importance tired from the United States Air Force and casion. of giving back to the community. Mr. Pettis spent the remainder of his life in Atwater, Cali- f was a postal worker, and Mrs. Pettis served fornia. Retiring in the heart of California’s San as a teacher’s aide at multiple schools in Joaquin Valley afforded Cliff the opportunity to IN REMEMBRANCE OF MRS. MARY Broward County. purchase an almond orchard and pursue his ZUNT Mrs. Pettis was known for her desire to im- lifelong passion for agriculture. prove the community. She was a lifetime Cliff’s legacy will live on through his service HON. DENNIS J. KUCINICH member of the Parent Teacher’s Association, to our Nation, his work in our Valley, and OF OHIO and she volunteered at local schools, church- through his children: Christine, Linda, Michelle, IN THE HOUSE OF REPRESENTATIVES es, and other charitable organizations. Mrs. Anita, Chuck, Valerie, Melissa, and Hilary; 14 Wednesday, February 29, 2012 Pettis was ultimately credited for expediting grandchildren; and one great-grandchild. Per- the creation of the Dillard High School Gym- haps what was most telling of Cliff’s character Mr. KUCINICH. Mr. Speaker, I rise today to nasium in 1959. Her dedication to improving was the importance he placed on family and honor the memory of Mrs. Mary Zunt, an the lives of the people of Broward County was kinship. Cliff leaves his family with many warm iconic figure to the City of Cleveland. truly remarkable. and cherished memories. Mary was born on August 16, 1939 in In 1985, the Pettis family received a very Cleveland, Ohio, where she attended Holy special recognition from then-First Lady Nancy In a note to Cliff, his grandson wrote, ‘‘every Name High School. Following a brief stint in Reagan. The First Lady recognized the Pettis person is an example of the people they have New York City, Mary returned to Cleveland, family as a Great American Family. Over 25 spent their life with.’’ As we reflect on Cliff’s where she was instrumental in establishing members of the Pettis family were in attend- life, let us aspire to lead a life like his—one WVIZ–TV in 1965. She was also behind the ance at a special White House ceremony. The filled with resolve, self-reliance, and love. station’s fund-raising auctions. In 1973, Mary award is given to families leading exemplary Mr. Speaker, I ask my colleagues to join me was elected to Cleveland’s City Council to rep- lives, and giving back to their communities. in paying tribute to the life of Lieutenant Colo- resent the residents of the West Park neigh- The Pettis family is one of only nine other nel Clifford George Ford, an honorable and re- borhood. She fought for consumer protections, families to ever receive this award. spected man with an unwavering commitment gun safety and commercial development dur- Mr. Speaker, I would like to commend Mrs. to his loving family and our Nation. ing her two terms on the council. Pettis for her dedication to the people of Fort Following her career in public service, Mary Lauderdale. I knew Mrs. Pettis personally, and f went on to work in the construction industry. I was saddened to hear of her passing. She She oversaw projects such as renovations of had an extraordinary sense of civic duty, and IN RECOGNITION OF THE ANNI- the Gateway and Society Center, Bureau of I would like to extend my sympathies to not VERSARY OF LITHUANIAN INDE- Workers’ Compensation, the Glass Bowl Sta- only her family and friends, but to the entire PENDENCE DAY dium and construction of the scoreboard at Ja- South Florida community, and all of those cobs Field. whose lives she touched. Mrs. Pettis will be In 1994, Mary left Cleveland and moved to truly missed. HON. DENNIS J. KUCINICH Nice, France to study wine for two years. She f OF OHIO later moved to St. Helena, California where she worked at the St. Helena Catholic Church, A TRIBUTE TO THE LIFE OF LIEU- IN THE HOUSE OF REPRESENTATIVES TENANT COLONEL CLIFFORD caring for migrant workers. She also began to Wednesday, February 29, 2012 focus more on her writing and was taught cre- GEORGE FORD ative writing at Napa Valley College. Mary was Mr. KUCINICH. Mr. Speaker, I rise today in a feature writer for the Cleveland Plain Dealer HON. JIM COSTA honor of the anniversary of the restoration of and contributor to Cleveland Magazine, the OF CALIFORNIA Lithuania’s independence, and the re-estab- Napa Valley Register and the St. Helena Star IN THE HOUSE OF REPRESENTATIVES lishment of their independence as it is com- and Appellation Magazine. Mary also wrote a memorated by the Cleveland Chapter of the Wednesday, February 29, 2012 novel, ‘‘The Politics of Annie Quinn,’’ chron- Lithuanian American Community. icling her experience on Cleveland’s City Mr. COSTA. Mr. Speaker, I rise today to On February 16, 1918, the people of Lith- Council. pay tribute to the life of Lieutenant Colonel uania declared their independence to the Mr. Speaker and colleagues, please join me Clifford George Ford, distinguished veteran of world as a distinct country with its own culture in honoring the memory of Mrs. Mary Zunt. the United States Air Force, loyal friend, and and traditions. The state was founded on Her contributions to the City of Cleveland will loving father, grandfather, and great-grand- democratic principles and declared its inde- be remembered for years to come. father. Cliff passed away on January 18, 2012 pendence in a peaceful manner. However, f at the age of 81. Through his thoughtful na- Lithuania’s freedom was short-lived, as the ture, zest for life, and dedication to service, he country and its people were subjected to for- REMEMBERING THE LIFE OF MRS. leaves behind a wonderful legacy. SARA LOUISE JONES PETTIS eign occupation and conquest by the Nazi Cliff was born on April 16, 1930 in Lohrville, Germany regime and the U.S.S.R. during Iowa, and grew up on farms in Iowa and Min- World War II. In 1940, the Soviet Union took HON. ALCEE L. HASTINGS nesota, alongside his two brothers and two control of Lithuania without the people’s con- OF FLORIDA sisters. It is during his childhood that his life- sent. This unjust control of a free people IN THE HOUSE OF REPRESENTATIVES long love of nature developed. After grad- lasted for 50 years. On March 11, 1990, upon uating from Lake City High School at the age Wednesday, February 29, 2012 the fall of the Soviet Union, the people of Lith- of 17, Cliff made the decision to serve our uania re-established their independence, and Mr. HASTINGS of Florida. Mr. Speaker, I great Nation in the United States military. once again, became a sovereign, free state. rise today to remember the life of Mrs. Sara Cliff’s time in the United States Air Force took Louise Jones Pettis. Mrs. Pettis was a re- him all around the world, including: Japan, The Lithuanian-American Community’s spected community activist in the Fort Lauder- Germany, England, and Taiwan. While living Cleveland Chapter has worked to connect the dale area, and her commitment to civic service in Yakota Air Base, Japan, Cliff met the love people of Cleveland of Lithuanian descent and was admirable. She recently passed away at of his life, Rose. The two married on February to share their rich and vibrant culture with the the age of 90, and I would like to take this op- 10, 1951. community. I offer my best wishes for the up- portunity to extend my deepest sympathies to Cliff spent the majority of his life serving our coming celebration of their heritage and their her family and all those who knew her. country in a number of capacities while in the independence. Mrs. Pettis was a resident of Fort Lauder- Air Force. Throughout his service, Cliff dem- Mr. Speaker and colleagues, please join me dale, Florida for 64 years. She married Mr. onstrated courage, determination, strength, in commemorating the independence of Lith- Cyrus Pettis in 1941, and the couple lived in and empathy—he truly illustrated the best of uania and, in wishing the country and its peo- Fort Lauderdale since first moving to the area what America has to offer. In 1975, Cliff re- ple continued freedom and success.

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 2575 HONORING SUPERINTENDENT Karabakh War of 1988 to 1994, Armenian ci- IN RECOGNITION OF JOHNNY SANDY THORSTENSON vilians were indiscriminately attacked. KILBANE ´ On the evening of February 27, 1988, Arme- HON. LINDA T. SANCHEZ nian civilians living in Sumgait, in Soviet Azer- HON. DENNIS J. KUCINICH OF CALIFORNIA baijan, were violently targeted in a three-day OF OHIO IN THE HOUSE OF REPRESENTATIVES rampage. Armenian civilians were hunted IN THE HOUSE OF REPRESENTATIVES Wednesday, February 29, 2012 down and brutally assaulted. Some were Wednesday, February 29, 2012 Ms. LINDA T. SA´ NCHEZ of California. Mr. raped, and some were burned alive at the Mr. KUCINICH. Mr. Speaker, I rise today in Speaker, I rise today to honor my good friend hands of rioters. Local police reportedly ig- honor and memory of Cleveland’s Boxing Sandy Thorstenson for her leadership and nored repeated calls for help by Armenian ci- Champion, Johnny Kilbane, on the occasion of dedication as Superintendent to the Whittier vilians. The official figure from Soviet authori- the hundredth anniversary of his attainment of Union High School District. ties, who prohibited journalists from entering the title of World Featherweight Champion- Born and raised in Whittier, CA, Sandy has the area, was just over 30 people dead and ship. served as Superintendent of the Whittier over 200 injured. However, it is believed that Johnny Kilbane was born in Cleveland, Ohio Union High School District for 10 years. She on April 9th, 1889. He began his ascent into more—perhaps hundreds—were murdered by is a graduate of Whittier High School and the boxing world at age eighteen with his first Whittier College with her Master’s Degree in roving mobs. fight in the featherweight division. Throughout Education from California State University, The Sumgait Pogrom was, sadly, only the his career, Johnny fought in over 140 fights— Fullerton. Sandy started her 34-year career in beginning. resulting in 46 victories, 79 no decisions and the Whittier Union High School District as a Despite international condemnation of the only four losses. On February 22, 1912, in a teacher and quickly ascended to Assistant 20 rounder in Vernon, California, Johnny pogrom in Sumgait, another anti-Armenian po- Principal, Principal, Assistant Superintendent Kilbane won his first world title in a fight of Educational Services, and ultimately Super- grom occurred later that year in Kirovabad, against Abe Attell. The fight was for the World intendent. Azerbaijan, from November 21st to 27th Due Featherweight Championship, a title he would Under her leadership, Sandy has spear- to the brutality, the Armenians of Kirovabad hold from 1912 to 1923. Kilbane is believed to headed Whittier Union’s transformation into a and the surrounding areas were forced to flee have held that title for the longest uninter- high-achieving district with five comprehensive their homes. rupted reign in boxing history. high schools serving 13,400 students from Another crime against humanity occurred A Cleveland local, Kilbane held a number of socio-economically diverse backgrounds. yet again from January 13th to the 19th, in positions after he retired from the boxing Sandy’s ‘‘whatever it takes’’ attitude has en- world. During World War II, he worked as a 1990. Members of the Armenian community of sured student achievement for all students, re- boxing instructor at Camp Gordon in Georgia, sulting in state and national recognition. Whit- Baku, the capital of Azerbaijan, were as- Camp Sherman in Ohio, and Camp Custer in tier Union High School District has dem- saulted, tortured and killed again by violent Michigan. He was also a boxing referee and onstrated remarkable gains in student mobs. instructor at local high schools. He operated a achievement at every school, becoming one of I would like to commemorate the Armenian training club in Vermillion. the top school districts in Los Angeles County. victims of the Sumgait, Kirovabad, and Baku Johnny transitioned into politics as well, and Sandy is an active advocate for quality and massacres to honor the memory of the mur- was elected to the Ohio State Senate in 1941. equity in public education at the local, state, dered, and to stop future bloodshed. If we He also held office as a State Representative, and national level as a member of many pro- and was elected to the Municipal Court Clerk’s hope to stop future massacres, we must ac- fessional and community organizations. She Office in 1951, a role which he served until his currently serves on the California State Super- knowledge these horrific events and ensure death in 1957. intendents’ Council, the Pivot Learning Part- they do not happen again. Mr. Speaker and colleagues, please join me ners Board and is the current President of We will not forget the ethnic-cleansing of the in honoring the life of Johnny Kilbane and the California City Superintendents Association. Armenians from Azerbaijan. 100th anniversary of his achievement of the She is also a member of the Soroptimist Inter- title of World Featherweight Championship. But we need to do more—we need to dem- national of Whittier, Whittier College Corporate onstrate to Azerbaijan that the United States is f Council, and a past member of the Whittier Chamber of Commerce Board of Directors. committed to peace and to the protection of IN RECOGNITION OF THE SOM- Due to these outstanding achievements for Artsakh from coercion. ERSET COUNTY MILITARY FAM- ILY SUPPORT GROUP the school district and beyond, Sandy has We must urge Azerbaijan to cease all been selected as California’s National Super- threats and acts of coercion against the Re- intendent of the Year by the Association of public of Nagorno Karabakh. HON. MARK S. CRITZ California School Administrators. OF PENNSYLVANIA In 1992, Congress prohibited aid to Azer- Mr. Speaker and distinguished colleagues, IN THE HOUSE OF REPRESENTATIVES baijan because of its continuing blockade please join me in honoring this extraordinary Wednesday, February 29, 2012 woman whose love and dedication to our stu- against Armenia and Nagorno Karabakh. Un- dents is overwhelmingly obvious. Let us con- fortunately, Congress in 2001 approved a Mr. CRITZ. Mr. Speaker, I rise to recognize gratulate her on her many accomplishments to waiver to this provision and administrations a military support group in my district that pro- the Whittier Union High School District and our have used the waiver since then to provide aid vides deployed members of our armed forces community. to Baku. Congress should strengthen Section and their families with material support, emo- tional comfort and spiritual sustenance. f 907 of the FREEDOM Support Act by remov- Founded in 2003, the Somerset County Mili- 24TH ANNIVERSARY OF THE ing the President’s ability to waive U.S. law tary Family Support Group sends deployed NAGORNO-KARABAKH WAR OF prohibiting aid to Azerbaijan because of its service members monthly packages containing 1988–1994 continuing blockade against Armenia and food, health products, books, letters and Nagorno Karabakh. games. The group also counsels family mem- HON. BRAD SHERMAN I urge the Administration to remove all bar- bers of deployed military personnel, takes part OF CALIFORNIA riers to broad-based U.S.-Nagorno Karabakh in festivals and parades in order to pay hom- IN THE HOUSE OF REPRESENTATIVES governmental and civil society communication, age to the sacrifices of our soldiers, gathers and distributes information about pressing travel, and cooperation. Wednesday, February 29, 2012 issues facing members of the military and their Mr. SHERMAN. Mr. Speaker, this month We must reaffirm America’s commitment to families and holds annual candlelight vigils to marks the 24th anniversary of a dark chapter an enduring, peaceful and democratic resolu- honor all those who have worn our nation’s in modern history. During the Nagorno- tion of the Nagorno Karabakh conflict. colors in battle.

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2576 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 February 29, 2012 Because the group is comprised largely of and Control, Special Operations Branch, NYS IN CELEBRATION OF MRS. GRACE veterans and individuals from military families, Police Aviation Unit, Parishville Fire Depart- VIRGINIA RICHARDSON HUM- its members understand the physical and psy- ment, Pierrepont Fire Department, Potsdam PHREY CUTTS’ 100TH BIRTHDAY chological strain our troops experience each Fire Department, Potsdam Police Department, day they are separated from their families, and Potsdam Rescue Squad, President Joseph L. HON. SANFORD D. BISHOP, JR. the emotional turmoil the family members of Kennedy, Pyrites Fire Department, Rensselaer OF GEORGIA these service members are forced to endure Falls Fire Department, RSI, Ryan-Biggs Asso- IN THE HOUSE OF REPRESENTATIVES as a result of knowing that someone they love ciates, P.C., St. Lawrence University, St. Law- Wednesday, February 29, 2012 is in harm’s way. That they chose to use their rence County Fire Investigation Team, St. first-hand knowledge of these struggles to Mr. BISHOP of Georgia. Mr. Speaker, I rise craft a renowned military support program Lawrence County Hazardous Materials Team, today to pay tribute to an inspiring mentor, be- speaks to their capacity to turn hardship into St. Lawrence County Office of Emergency loved educator, respected community leader an outstanding gift for others. Services, State University Construction Fund, and a trans-generational pillar in Dawson, Mr. Speaker, while all of us appreciated the SUNY Canton Emergency Management Georgia—Mrs. Grace Virginia Richardson valor and sacrifices of our troops, only the Team, SUNY Canton Academic Affairs, SUNY Humphrey Cutts. On Saturday, March 3, 2012, most talented and proactive among us are Canton Administrative Affairs, SUNY Canton Mrs. Cutts will be honored at an event cele- able to act on this appreciation in a way that Advancement Affairs, SUNY Canton Student brating her 100th birthday. This highly antici- makes an impact on thousands of lives. The Affairs, SUNY Office of Capital Facilities, pated event will be attended by Mrs. Cutts’ Somerset County Military Family Support SUNY Office of Legal Counsel, SUNY Pots- family members, friends, former colleagues, Group has not only accomplished this, but has dam University Police Department, West Pots- well-wishers and former students. done so while spreading the spirit of service dam Fire Department, West Stockholm Fire Mrs. Grace Virginia Richardson Humphrey throughout southwestern Pennsylvania. All of Department. Cutts was born on March 2, 1912 in Dawson, us should seek to emulate the selfless efforts Georgia to Walter Revenna Richardson and Clara Louise Cochran Richardson. As a 92- of its members in our own efforts to promote f the greater good. year member of the Adoration Temperance f IN RECOGNITION OF MR. EDWARD Obedience Charity African Methodist Epis- CRAWFORD copal (AME) Church in Dawson, Georgia, Mrs. TRIBUTE TO SUNY CANTON FIRST Cutts is a woman who has been guided by her RESPONDERS strong moral convictions and Christian faith. HON. DENNIS J. KUCINICH As a tenured member of Adoration Temper- HON. WILLIAM L. OWENS ance Obedience Charity AME Church, Mrs. OF NEW YORK OF OHIO Cutts has served as the church pianist, sec- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES retary and a stewardess. Mrs. Cutts was raised in the rural South in Wednesday, February 29, 2012 Wednesday, February 29, 2012 the 1920s, a period in our nation’s history in Mr. OWENS. Mr. Speaker, I rise today to which most African-Americans had limited op- honor the heroism of those responsible for Mr. KUCINICH. Mr. Speaker, I rise today in portunities to pursue their educational dreams. safely controlling a fire that broke out on cam- recognition of Mr. Edward Crawford to ac- Despite the numerous societal challenges that pus at SUNY Canton this month. knowledge his receipt of the Walks of Life lay in her path, Mrs. Cutts would go on to Following a fire in the chemistry lab inside Award from the Irish American Archive Soci- graduate from Allen Normal and Industrial Cook Hall, it was the unquestionable valor and ety. High School. After she obtained her high commitment of these men and women that Mr. Crawford was raised in Cleveland school diploma, Mrs. Cutts enrolled in Georgia protected students, faculty and administrators. Heights, Ohio. He has since become a leader Normal and Agricultural College and grad- These individuals acted with the utmost pro- in Cleveland’s business sector. Edward began uated from the institution in 1949. fessionalism and courage when called to duty Understanding the importance of a quality his career as a salesman for Island Steel and protected members of their community. education, Mrs. Cutts served as a teacher for while enrolled in night school at John Carroll These first responders prevented untold 45 years. As an instructor, Mrs. Cutts helped amounts of injury to our friends and neighbors, University. In 1962, he founded the Cleveland generations of young scholars reach their full and saved the school from a much worse situ- Steel Container, a company that produced potential and obtain excellent educations. ation. paint cans. Just two years later, in 1964, Even in retirement, Mrs. Cutts continued to On behalf of the U.S. House of Representa- Crawford established his own investing com- serve as a mentor and tutor for young stu- tives, I commend and thank these emergency pany, the Crawford Group. In 1992, he be- dents in her community. personnel, agencies and individuals for their came the chairman and chief executive officer Mrs. Cutts has achieved numerous suc- bravery, selflessness, and assistance. for Park-Ohio Industries. Mr. Crawford was cesses in her life, but none of this would have AAC Contracting, Atlantic Testing, Aubertine named the Ohio Small Businessman of the been possible without the support of her late and Currier, Canton Fire & Rescue, Canton Year by the Small Business Association in first husband Calvin Homer Humphrey; late Police Department, Clean Harbors Environ- 1969. second husband Sammie Lee Cutts; late son mental, David Sullivan—St. Lawrence County Calvin Walter Humphrey; grandchildren; and Mr. Crawford has also served on the boards Law Enforcement Academy, Ecology & Envi- great-grandchildren. of numerous companies throughout his career ronment, Inc., Gouverneur Fire Department, George Washington Carver once said, ‘‘How Heuvelton Volunteer Fire Department, Morley including Arden Industrial Products, Conti- far you go in life depends on your being ten- Fire Department, Murnane Building Company, nental Conveyor & Equipment Company, Con- der with the young, compassionate with the NYS Office of General Services, NYS Police tinental Crushing & Conveying, Inc., Resil- aged, sympathetic with the striving and toler- Department, NYS Department of Environ- ience Capital Partners LLC and Beech Tech- ant of the weak and strong because someday mental Conservation, NYS Department of nology Systems, Inc. in your life you will have been all of these.’’ Health, NYS Department of Labor—PESH, In addition to his career, Mr. Crawford has Mrs. Cutts has advanced far in life because NYS Homeland Security & Emergency Serv- continuously served the Cleveland community. she never forgot these lessons and always ices, Office of Emergency Management, NYS Just several years ago, he led a four year, kept God first. Homeland Security & Emergency Services, $400,000 renovation of the Irish Cultural Gar- The race of life isn’t given to the swift or to Office of Fire Prevention and Control, Fire Op- den. the strong, but to those who endure until the erations & Training Branch, NYS Homeland end. Mrs. Cutts has run the race of life with Security & Emergency Services, Office of Fire Mr. Speaker and colleagues, please join me grace and dignity and God has blessed her Prevention and Control, Inspections & Inves- in congratulating Mr. Edward Crawford as he over her lifetime. tigations Branch, NYS Homeland Security & is honored by the Irish American Archive Soci- Mr. Speaker, I ask my colleagues to join me Emergency Services, Office of Fire Prevention ety. today in paying tribute to Mrs. Grace Virginia

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 2577 Richardson Humphrey Cutts as she and her IN RECOGNITION OF SISTER graduation rate, and all of the school’s valedic- family prepares to celebrate her 100th birth- KATHLEEN KILBANE torians in the past four years have been mem- day. bers of the robotics team. The team has On a personal note, I would like to not only HON. DENNIS J. KUCINICH shown great promise as science, technology, congratulate Mrs. Cutts on becoming a distin- OF OHIO engineering, and math (STEM) leaders and guished centenarian but also express my pro- IN THE HOUSE OF REPRESENTATIVES innovators with 90 percent of the members pursuing careers in STEM fields. found gratitude to her for her outstanding con- Wednesday, February 29, 2012 tributions to America’s education system and Founded in 1999 by Glenn Lee, a Career her principled advocacy on behalf of our na- Mr. KUCINICH. Mr. Speaker, I rise today in and Technical Education teacher and electrical tion’s students. recognition of Sister Kathleen Kilbane and to engineer, the Waialua High School Robotics acknowledge her receipt of the Walks of Life Program has become a model for engaging f Award from the Irish American Archive Soci- students in STEM and college-readiness ety. Sister Kathleen has dedicated her life to courses. The ‘‘Hawaiian Kids’’ were the first NATIONAL KIDNEY MONTH the homeless and to students of the Greater FIRST Robotics Competition (FRC) team in Cleveland area. Hawaii and initiated the development of other Sister Kathleen attended high school in teams statewide. Its accomplishments have HON. JESSE L. JACKSON, JR. Cleveland’s West Park neighborhood at St. been shared with local government represent- Joseph Academy. She later earned a bach- atives, their community, and schools through- OF ILLINOIS elor’s degree in education from St. John Col- out our State. Today, close to one-third of Ha- IN THE HOUSE OF REPRESENTATIVES lege and a master’s degree from Cleveland waii’s high schools have an FRC team, the State University. highest percentage of involvement in the Na- Wednesday, February 29, 2012 In 1952, Sister Kathleen entered the nun- tion. nery at St. Clement in Lakewood. Early on, While the ‘‘Hawaiian Kids’’ have experi- Mr. JACKSON of Illinois. Mr. Speaker, I rise she devoted most of her time as a grade enced great success over the past few years, today with more than 60 of my colleagues of school teacher at Annunciation, St. Angela they continue to embrace their program’s the Congressional Kidney Caucus in support Merici, St. Aloysius, St. Mary and St. Colman motto: ‘‘It’s not all about winning, it’s about of the goals and ideals of National Kidney schools. In 1977, the West Side Catholic Cen- teamwork, commitment and responsibility.’’ Month which begins tomorrow. ter was established to assist the elderly and Congratulations to the members of the Each year, the National Institute of Diabetes homeless; Sister Kathleen was named the di- Waialua High School Robotics Team for all and Digestive and Kidney Diseases as well as rector. Twenty years later, in 1997, Sister their accomplishments, their dedication shar- leading kidney care organizations recognize Kathleen established Seeds of Literacy, an or- ing robotics and STEM education with their and celebrate March as National Kidney ganization dedicated to helping high school peers, and continuing to raise Hawaii’s aca- Month to promote public awareness, edu- drop-outs earn their diplomas. demic standards. cation, screening and detection throughout the Because of her relentless work to support Mahalo nui loa (thank you very much). nation. those in need, in 2000, the West Side Catholic f Currently, more than 31 million Americans Center honored Sister Kathleen with the Doro- thy Day Humanitarian Award. RECOGNIZING THE CARSON WOM- are affected by Chronic Kidney Disease (CKD) EN’S CLUB AND EDWARD and millions more are at risk. Kidney Disease Mr. Speaker and colleagues, please join me in congratulating Sister Kathleen Kilbane as TILLMON, A TUSKEGEE FIGHTER is the slow loss of kidney function over time PILOT and, if left untreated, gradually progresses to she is honored by the Irish American Archive end-stage renal disease marked by the com- Society. plete loss of kidney function. While there is no f HON. LAURA RICHARDSON OF CALIFORNIA cure for CKD, proper lifelong treatment can CONGRATULATING THE WAIALUA IN THE HOUSE OF REPRESENTATIVES slow the onset of kidney failure and help con- HIGH SCHOOL ROBOTICS TEAM, trol the symptoms of this devastating disease. THE ‘‘HAWAIIAN KIDS,’’ ON WIN- Wednesday, February 29, 2012 Recently named the eighth leading cause of NING THE 2011 FIRST CHAIR- Ms. RICHARDSON. Mr. Speaker, I rise death in the United States by the Centers for MAN’S AWARD today in recognition of the Carson Women’s Disease Control and Prevention, nearly Club, based in my congressional district, for 570,000 Americans currently rely on hemo- HON. MAZIE K. HIRONO the wonderful work it has accomplished over dialysis or a kidney transplant for their sur- OF HAWAII the years and their unwavering commitment to vival. IN THE HOUSE OF REPRESENTATIVES our local community. The Carson Women’s Club was founded in The Congressional Kidney Caucus, which Wednesday, February 29, 2012 was established in 2002, has partnered with a 1968 as a non-profit, non-political organization number of kidney organizations to promote Ms. HIRONO. Mr. Speaker, I rise today to with a mission to serve as the official hostess policies that benefit patients with kidney dis- congratulate the Waialua High School Robot- of the City of Carson by supporting and pro- ease and provide Members and their staff the ics Team, the ‘‘Hawaiian Kids,’’ on winning the moting scholarships, and by engaging in com- most comprehensive, up-to-date information prestigious Chairman’s Award at the 2011 munity service activities focused on making related to this disease. FIRST Robotics World Championships and to Carson stronger. recognize its impressive contributions to the The Carson Women’s Club plays an active Throughout the month of March, the Caucus founding and expansion of robotics in Hawaii. part in local charity work. For example, each supports the thousands of kidney advocates The FIRST Chairman’s Award recognizes a year on the 4th of July, Club members bring and groups that are expected to visit Capitol program’s contributions to robotics, service to food to the on-duty firefighters at all stations in Hill to discuss their experiences and advocate other robotics programs, and overall excel- Carson. The Club also sends Thanksgiving for enhanced patient care, research and public lence. Waialua High School was one of 48 baskets to 15 adopted Carson elementary education and prevention. teams nationwide competing for the prize. schools and organizes a Christmas toy drive In the spirit of National Kidney Month, I en- The judges of the 2011 FIRST Champion- for the children at the El Nido Center. courage my fellow Members of Congress to ship described the winning team as ‘‘helping Mr. Speaker, the Carson Women’s Club is a participate in these events on Capitol Hill and transform the region from an area of agricul- shining example of civic commitment, mutual events hosted in their districts and to consider tural industry decline to one where the accom- trust, respect, and equal treatment without re- joining the Congressional Kidney Caucus in plishments of these students are celebrated as gard to race, sex, or ethnicity. The Club pro- support of these efforts. Please have your an indicator of promise for the future.’’ All of motes mutual cooperation between individuals staff reach out to my office if you are inter- the team members of the ‘‘Hawaiian Kids’’ of different backgrounds through its diverse ested in the schedule of events or if you are graduate from high school, compared to the membership and informative community en- interested in joining the Caucus. region’s average of a less than 30 percent gagement events.

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2578 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 February 29, 2012 This past weekend, I had the opportunity to Flexible work arrangements are the key to Sacramento as President and Chief Executive attend a Carson Women’s Club event in my meeting these diverse workforce needs. Such Officer of the company. district honoring members of the Los Angeles voluntary arrangements between employees His lifetime of experience enabled him to Chapter of the Tuskegee Airmen, Inc. The and employers include changing the time, bring such tremendous expertise and leader- Tuskegee Airmen were the first black military amount, and/or place that work is conducted ship to the implementation of California’s high- airmen in the United States. This heroic group in order to allow workers to more easily meet speed rail project. of 13,000 young African American men over- the needs of both work and family life. To give I applaud Roelof van Ark for his years of came institutionalized racism to become one employees the right to request flexible work tireless work on behalf of the California High- of the most distinguished fighter units in World options in terms of hours, schedules, and work Speed Rail Authority and the state of Cali- War II. location, today I am introducing the Working fornia. Mr. van Ark has truly laid the ground- At the meeting, we were fortunate enough Families Flexibility Act. This legislation also work for the nation’s first high-speed rail sys- to be graced with the presence of Mr. Edward provides employers with flexibility by encour- tem, and I hope he will join me in riding the Tillmon, a surviving Tuskegee Airman who re- aging them to review these requests, propose first train that departs from San Francisco en minded us of the remarkable accomplishments changes, and even deny them if they are not route to Los Angeles via the San Joaquin Val- of the Tuskegee Airmen—both in and out of in the best interest of the business. ley. All Californians will be better off due to the combat. Having flexible workplace policies has been service and sacrifice of this great leader. Through his experience growing up in a shown to boost employee satisfaction and mo- Mr. Speaker, it is with great appreciation segregated America, Mr. Tillmon learned that rale as well as improve business bottom line. that I ask my colleagues to stand with me in hard work and perseverance are the key to These policies help businesses retain key tal- thanking Roelof for his work in advancing overcoming obstacles that seem impenetrable. ent, reduce absenteeism, and enhance em- modern modes of transportation within the Mr. Tillmon expressed his appreciation for the ployee productivity. President Obama’s Coun- United States and around the world. Please challenges and opportunities that accom- cil on Economic Advisors found that as more join me today in recognizing the commitment, panied his time at war, and his firm beliefs firms adopt flexibility practices the benefits to dedication and success of Mr. Roelof van Ark that the successes of the Tuskegee Airmen society, in the form of reduced traffic, im- and wish him well as he embarks on new en- would not have been possible if it were not for proved employment outcomes, and more effi- deavors. the strong sense of camaraderie between the cient allocation of workers to employers, may members. They were truly a band of brothers. be greater than the gains to individual firms f Edward Tillmon continues to serve his na- and workers. In addition, a 2011 U.S. Govern- tion by preserving the Tuskegee Airmen leg- ment Accountability Office report found that a IN RECOGNITION OF JANICE G. acy through his association with the Los Ange- flexible work environment can increase and MURPHY les based ‘‘Tuskegee Airmen Scholarship enhance employment opportunities for people Foundation’’, which was established in 1979 to with disabilities. provide annual scholarships to exceptional Flexibility is clearly a win-win for employees HON. DENNIS J. KUCINICH young students in their quest for academic ex- and employers. I offer special thanks to Sen- OF OHIO cellence. ator BOB CASEY for introducing Senate com- Mr. Speaker, Edward Tillmon served his na- IN THE HOUSE OF REPRESENTATIVES panion legislation, and to my colleagues Rep- tion with pride, even at a time when African resentatives JOHN LEWIS, GEORGE MILLER, and Wednesday, February 29, 2012 Americans were treated like second-class citi- JOSE´ SERRANO for their cosponsorship. zens. The legacy of the Tuskegee Airmen is Mr. KUCINICH. Mr. Speaker, I rise today in one of courage and heroism in the face of ad- f recognition of Janice G. Murphy and to ac- knowledge her receipt of the Walks of Life versity and their story has provided many with HONORING MR. ROELOF VAN ARK the inspiration necessary to achieve their Award from the Irish American Archive Soci- goals. HON. JIM COSTA ety. A Cleveland native, Mrs. Murphy has Mr. Speaker, it is my honor to recognize the dedicated her life to improving the health of OF CALIFORNIA contributions of the Carson Women’s Club and others. Edward Tillmon and to thank them for their IN THE HOUSE OF REPRESENTATIVES Mrs. Murphy began her career in the health service to our community and our nation. Wednesday, February 29, 2012 care industry while serving as a nun with the f Mr. COSTA. Mr. Speaker, I rise to recognize Sisters of Notre Dame. She left the convent Mr. Roelof van Ark, who will soon end his upon discovery of her true calling in life and INTRODUCTION OF WORKING began classes at Fairview Hospital’s School of FAMILIES FLEXIBILITY ACT term as the chief executive of the California High-Speed Rail Authority (CAHSRA). There Nursing. She later earned a bachelor’s degree is no textbook on how to build high-speed rail in nursing from Bowling Green State Univer- HON. CAROLYN B. MALONEY in America; it has never been done before. sity and a master’s degree from the University OF NEW YORK For the past two years Mr. van Ark has written of Akron. IN THE HOUSE OF REPRESENTATIVES the first chapters of that book by dedicating Mrs. Murphy worked as a nurse at Fairview Wednesday, February 29, 2012 himself wholly to building the nation’s first true Hospital in oncology and later coronary care. Mrs. MALONEY. Mr. Speaker, as a result of high-speed rail system in California. He de- She was named chief nursing officer and in demographic shifts over the last 50 years, the serves our recognition and true appreciation 2007, became the hospital’s chief operating modern workforce has a different, more di- for all the work he has done for California and officer. While leading Fairview Hospital, Mrs. verse set of needs. According to the U.S. our nation. Murphy was also the president of Lakewood Census Bureau, more than 70 percent of chil- For three decades, Mr. van Ark has worked Hospital, a role in which she served for nearly dren are raised in families that are headed by on high-speed rail and other transportation three years. Today she remains the president either a working single parent or two working systems throughout the world. Before becom- of Fairview Hospital. parents. The number of married households ing only the second chief executive since the In addition to running two of Cleveland’s with children where both parents were in the Authority was formed in 1996, he led ALSTOM premier hospitals, Mrs. Murphy serves on the labor force rose to 66 percent in 2010, while Transportation, Inc., for five years. Mr. van Ark boards of the Ursuline Community Advisory the number of single parent families has al- previously worked in Germany and South Afri- Board, North Coast Health Ministry, St. Jo- most tripled over the last fifty years, from 5 ca for Siemens Transportation Systems, a seph Academy and Hospice of Western Re- percent in 1960, to 14 percent in 2010. Fur- global leader in high-speed rail systems. Dur- serve. She has also been awarded the Cleve- thermore, more households are caring for ing his more than 20 year tenure with Sie- land Clinic Western Region Leadership Award older relatives as medical advances mean mens, he successfully constructed complex in- and Baldwin Wallace Healthcare Award. people are living longer, with studies showing frastructure projects such as the ‘‘Skytrain’’ in Mr. Speaker and colleagues, please join me that almost 60 percent of those who provide Bangkok, several subways throughout China, in congratulating Janice G. Murphy as she is unpaid care to an adult or to a child with spe- and high-speed rail lines in Germany. He honored by the Irish American Archive Soci- cial needs are employed. ended his time with Siemens while working in ety.

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 2579 IN RECOGNITION OF THE 20TH AN- Mr. Cleary was raised in East Cleveland by leled efforts on behalf of the community. He is NIVERSARY OF U.S.-AZERBAIJAN his parents, both of whom were immigrants a charter member of the New England Asso- DIPLOMATIC RELATIONS from Ireland. He graduated from St. Ignatius ciation of Fire Marshals, Connecticut Chiefs of High School before attending John Carroll Uni- Police Association, twenty-five year charter HON. GENE GREEN versity. Mike also served for the U.S. Navy for member of the Connecticut Independent Oil OF TEXAS two years aboard the USS Lake Champlain, Men’s Association, life member of the State of IN THE HOUSE OF REPRESENTATIVES an aircraft carrier. Connecticut 100 Club, one of the original Prior to his retirement in 2011, Mr. Cleary founders of the Middletown Italian-American Wednesday, February 29, 2012 worked in the collegiate and professional Civic Order, twenty-five year Chairman of the Mr. GENE GREEN of Texas. Mr. Speaker, sports arena for 46 years. Early on in his ca- St. Sebastian Cadillac Committee, member of I rise today to ask my Colleagues to join me reer, he worked as a general manager for the the St. Sebastian Renovation Committee, life- in recognizing the 20th year of diplomatic rela- Cleveland Pipers and Kansas City Steers. He time member of the Benevolent Protective tions with our friend and key ally, Azerbaijan. later entered intercollegiate athletics and Order of the Elks, Moose Club, and Knights of On February 19, 1992, the United States worked as the director of championship events Columbus Fourth Degree, to name but a few. and Azerbaijan initiated formal diplomatic rela- for the National Collegiate Athletic Association. Through his work with each of these organiza- tions and on March 6 of that year Azerbaijan In 1965, he was hired as the executive direc- tions, J.J. has made a difference in the lives opened their embassy in the United States. tor for the National Association of Collegiate of others and has enriched the community. The United States opened our embassy in Directors of Athletics. Marking decades of hard work, this birthday Baku, Azerbaijan on March 16. Mr. Cleary was also the fund administrator celebration reflects J.J.’s extraordinary resil- After the fall of the former Soviet Union and for the John McLendon Minority Scholarship ience and strength of spirit. Over the course of the independence of the Republic of Azer- Foundation and served on the New Jersey his life, he has not only witnessed remarkable baijan, we have seen a growing need for Sports and Exposition Authority and U.S. changes and tremendous progress he has strong allies in the region. Azerbaijan, a pre- Olympic Committee. He is highly regarded in helped to shape the very character of the City dominantly secular Muslim country bordered the athletic world and has been recognized by of Middletown. It is with my warmest regards by Russia to the north and Iran to the south, the National Football Federation, College Hall that I join his children, Joseph Jr., Robert, and is a natural partner to promote peace, stability, of Fame, and in 2009, he was inducted into Rosemarie, his grandson, Michael, and his and economic prosperity in this important part the National Association of Intercollegiate Ath- great-grandchildren, Nicholas, Lauren, and of the world. letics. Christian in extending my heartfelt congratula- Azerbaijan was among the first to join us in Mr. Speaker and colleagues, please join me tions to Joseph J. Vinci, Sr. as he celebrates the War Against Terror, sending troops to Af- in congratulating Mr. Mike Cleary as he is his 100th birthday. Happy birthday J.J.! My ghanistan that served alongside our service- honored by the Irish American Archive Soci- very best wishes for many more years of men and women, and later in Iraq. Today, ety. health and happiness. Azerbaijan offers a crucial route to transport f f supplies to our troops in Afghanistan. Azerbaijan is also a key contributor in pro- HONORING JOSEPH J. VINCI, SR., ‘‘STOP DEMAGOGUING THE moting energy security internationally. The ON THE OCCASION OF HIS 100TH HUNGRY’’ opening of the BTC pipeline in 2005 allowed BIRTHDAY Caspian oil to reach the world market via HON. JAMES P. McGOVERN Georgia and Turkey, bypassing Russia. HON. ROSA L. DeLAURO OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES With the recent arrival of Ambassador Elin OF CONNECTICUT Suleymanov to Washington, DC, I look for- IN THE HOUSE OF REPRESENTATIVES Wednesday, February 29, 2012 ward to working with the Embassy to further Wednesday, February 29, 2012 Mr. MCGOVERN. Mr. Speaker, strengthen this important relationship. demagoguing the hungry, unfortunately, has f Ms. DELAURO. Mr. Speaker, it is with great become a regular occurrence during this Re- pleasure that I rise today to join family, OUR UNCONSCIONABLE NATIONAL publican presidential primary season. The friends, and the City of Middletown in honoring DEBT truth is that the majority of the hungry struggle one of its most outstanding community mem- to put food on their table not because they are HON. MIKE COFFMAN bers, Joseph J. Vinci, Sr. as he celebrates his lazy but because of circumstances outside of 100th birthday—a remarkable milestone for their control. Many are unemployed at no fault OF COLORADO this extraordinary citizen. of their own. Others simply don’t earn enough IN THE HOUSE OF REPRESENTATIVES A lifelong Middletown resident, J.J., as he is and need help supplementing their monthly Wednesday, February 29, 2012 affectionately known, married his wife, Mary, budget. But all of the hungry, all of those who in November of 1934. Together, they not only Mr. COFFMAN of Colorado. Mr. Speaker, are relying on America’s anti-hunger safety net raised three wonderful children, Joseph J. Jr., on January 20, 2009, the day President programs, deserve the helping hand they are Robert, and Rosemarie, they also opened and Obama took office, the national debt was receiving. And none of these 50 million food ran the family business, J.J. Vinci Oil. The $10,626,877,048,913.08. insecure people deserve to be demagogued Today, it is $15,442,120,983,663.88. We’ve home heating oil business is not the easiest of simply because they have trouble putting food added $4,815,243,934,720.08 to our debt in 3 businesses to run, but J.J. and Mary worked on their kitchen tables. years. This is debt our nation, our economy, hard every day to build the business and pro- Last week, I met with Andrew Morehouse, and our children could have avoided with a vide for their family. For more than seven dec- the executive director of the Food Bank of balanced budget amendment. ades, J.J. Vinci Oil has been a staple in the Western Massachusetts. Mr. Morehouse Middletown business community and its suc- f shared with me an op-ed he wrote for the cess over the years has been because of the Daily Hampshire Gazette titled ‘‘Stop IN RECOGNITION OF MR. MIKE dedication of its founder, J.J., who at 100 demagoguing our food safety net.’’ Mr. More- CLEARY years young can still be found in the office house makes a clear, coherent and smart ar- every day. gument that attacking the hungry is wrong for HON. DENNIS J. KUCINICH J.J. has not only been an outstanding busi- both moral and economic reasons. I respect- OF OHIO ness leader, but an exemplary civic leader as fully urge my colleagues to read this important IN THE HOUSE OF REPRESENTATIVES well. He has always understood that his com- op-ed. munity is only as strong as those who give I submit this op-ed into the RECORD. Wednesday, February 29, 2012 back to it. Throughout his life, J.J. has de- [From the GazetteNET, Feb. 7, 2012] Mr. KUCINICH. Mr. Speaker, I rise today in voted countless hours to a variety of local ANDREW MOREHOUSE: STOP DEMAGOGUING OUR recognition of Mr. Mike Cleary and to acknowl- service organizations. The myriad of awards FOOD SAFETY NET edge his receipt of the Walks of Life Award and commendations which have been be- HATFIELD,—Former Northampton Mayor from the Irish American Archive Society. stowed on him are testament to his unparal- Clare Higgins made some eloquent points

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0689 Sfmt 0634 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2580 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 February 29, 2012 about hunger and food stamps in her recent trition programs are essential to solving the IN RECOGNITION OF THE 60TH AN- column, ‘‘Beyond food stamp buzzwords’’ hunger crisis facing our country. Without NIVERSARY OF THE MARINE (Jan. 28). these programs, thousands more households CORPS LOGISTICS BASE IN AL- I, too, feel compelled to set the record in our region would find their cupboards BANY, GEORGIA straight so that the general public has a empty on a regular basis. more complete picture of this critical issue at this juncture in our nation’s history. At- f HON. SANFORD D. BISHOP, JR. tacks on SNAP (the federal Supplemental OF GEORGIA Nutrition Assistance Program, formerly IN REMEMBRANCE OF MR. IN THE HOUSE OF REPRESENTATIVES known as food stamps) are rampant in some STEPHEN O’CONNOR DIEMERT, JR. corners of the public discourse these days. Wednesday, February 29, 2012 Republican presidential candidates have Mr. BISHOP of Georgia. Mr. Speaker, I rise blamed entitlement programs such as HON. DENNIS J. KUCINICH today to pay tribute to the men and women SNAP—and those Americans who receive OF OHIO who have served and currently serve at the benefits from them—for the country’s deficit IN THE HOUSE OF REPRESENTATIVES Marine Corps Logistics Base (MCLB) in Al- problem. bany, Georgia. On Thursday, March 1, 2012 Newt Gingrich has even claimed that Wednesday, February 29, 2012 ‘‘more people are on food stamps today be- base personnel, Armed Services veterans and cause of Obama’s policies than ever in his- Mr. KUCINICH. Mr. Speaker, I rise today in local dignitaries will celebrate the facility’s 60th tory.’’ remembrance of Mr. Stephen O’Connor anniversary. It’s true that the number of food stamp re- Diemert, Jr. Over the last 60 years, the brave men and cipients has risen over the past few years, Born in 1932, Stephen was destined to women who have served at MCLB, Albany but the unemployment rate has also in- serve his country and the Greater Cleveland have made significant contributions in defend- creased 110 percent since 2006. As millions of ing our homeland and safeguarding our lib- Americans find themselves out of work, community. He served as a private in the United States Army from July 1953 through erties. those same Americans seek assistance from On March 1, 1952, MCLB, Albany was com- March of 1955. After returning home, Mr. programs like SNAP to help meet their basic missioned as the Marine Corps Depot of Sup- needs. The Census Bureau estimates that Diemert began his career as a firefighter in plies. By 1954 the station was sufficiently food stamps helped to keep 3.9 million people January of 1961. He served as a fireman for complete with warehouses and administration above the poverty line in 2010. 24 years until January of 1985. Mr. Diemert buildings to assume supply support for Ma- Equally misleading is Gingrich’s charac- was also a long-time member of the American terization of SNAP as a race issue, with com- rines east of the Rocky Mountains and in the Legion Firefighter Post 339 and served as the ments like, ‘‘I’m prepared, if the NAACP in- Atlantic area. vites me, I’ll go to their convention and talk Director of Fire Affairs for Silver and Gold, a In 1967, the base became a Storage Activity about why the African-American community fraternal organization dedicated to ‘‘supporting and Depot Maintenance Activity. should demand paychecks and not be satis- the Safety Forces of Northeast Ohio.’’ On January 17, 1990, the Commandant of fied with food stamps.’’ I offer my condolences to his wife, Carol; the Marine Corps designated the Commanding This statement reinforces a false percep- children, Stephen (deceased) and Cindy, Rob- General, Marine Corps Logistics Base, Albany tion that people of color are the primary re- ert, Laura and Tony, Mary Lou and Mike and cipients of SNAP benefits. The truth is that to also be Commander, Marine Corps Logis- 49 percent of SNAP recipients are white, Matthew and Vicki; grandchildren, A.J., Sara, tics Bases. The reorganization placed control while blacks comprise 26 percent and Latinos Stephanie, Hanna, Katie and Gary; great- of Marine Corps Logistics Base, Barstow, Cali- 20 percent of recipients. grandchildren, Karen, Fallon and Brucey (de- fornia; Blount Island Command, Jacksonville, SNAP received more biased criticism in a ceased) and eight siblings. Florida, as well as Marine Corps Logistics recent Wall Street Journal opinion piece by Mr. Speaker and colleagues, please join me Base, Albany under this single command. Warren Kozak (Jan. 30), which declared hun- in honoring the memory of Mr. Stephen Over the last several decades, MCLB, Al- ger in America a myth. O’Connor Diemert, Jr. bany has provided exceptional support to the Kozak claims that federal government pro- grams like SNAP waste billions of dollars Marine Air Ground Task Forces sent to South- providing food to people that are not really f west Asia. The MCLB, Albany military and ci- vilian team’s hard work and dedication, com- in need of help. Tell that to the 110,000 people RECOGNIZING ANGELA BRUSCATO in western Massachusetts alone—primarily bined with equal efforts from MCLB, Barstow children, elders, or the disabled—who and Blount Island Command, have reaped wouldn’t have a meal tonight without their HON. RODNEY ALEXANDER outstanding results for our nation’s Armed SNAP benefits or food assistance from our OF LOUISIANA Services. region’s emergency food network. Mr. Speaker, I have had the pleasure of IN THE HOUSE OF REPRESENTATIVES What Gingrich and Kozak don’t seem to traveling to many U.S. military installations understand is that SNAP is not only a life- Wednesday, February 29, 2012 line for millions of households facing hunger, around the world and the Marine Corps Logis- it is also an economic stimulus. SNAP allows Mr. ALEXANDER. Mr. Speaker, on behalf of tics Base in Albany, Georgia is one of the fin- families to put food on their table, and pro- the United States Congress, it is with enor- est military bases I have ever had the pleas- vides food dollars that are spent locally. mous pride and admiration that I rise today to ure of visiting. Through my ongoing interaction with MCLB, According to the Massachusetts Depart- recognize Angela Bruscato. ment of Transitional Assistance, SNAP gen- Albany personnel, one of the things I have erates approximately $406 million annually Angie joined the St. Francis Medical Center come to admire about our nation’s Marines is in total economic activity in western Massa- volunteer program in May of 1975, and re- that their commitment to serving our country chusetts. SNAP doesn’t cause recessions, it cently surpassed 20,000 hours of service. does not end once they separate from Active responds to them until the economy turns Needless to say, this is a tremendous feat. around by supporting vulnerable households Duty. In her long-standing role as a volunteer, MCLB, Albany Marines hold themselves to a while injecting much-needed revenue for Angie has been recognized for her caring local food businesses that employ thousands higher standard—that service to our nation is of residents in our communities. service. Over the years, this extraordinary a lifelong commitment, not just a tour of duty. The fact is that hunger is a very real prob- woman has been awarded the Auxilian of the Whether it is going on to work as police- lem in our country—and right here in West- Year, bestowed St. Francis Medical Center’s men, fire fighters, teachers or business profes- ern Massachusetts. At least one in every Certificate of Merit for Dedicated Auxiliary sionals, a MCLB, Albany Marine’s commitment eight residents of western Massachusetts re- Service, and last year, Angie was named one to making our nation better remains at the fun- lies on emergency food to avert hunger. More of my Hometown Heroes. damental core of what not only makes them than 45,000 people seek food assistance each Angie has provided decades of consistent great during their Armed Services career, but month in our region, a 25 percent increase compared just three years ago. strength and a caring heart for the patients what will also make them invaluable members Here at the Food Bank, we believe that no and staff of St. Francis Medical Center. I am of our society once their military careers end one should have to go hungry. Without jobs honored to bring forth her exceeding 20,000 and their transition into civilian life begins. that provide the necessary income to support volunteer hours before this body and our Na- Mr. Speaker, I ask my colleagues to join me households, SNAP and other government nu- tion today. today in paying tribute to the men and women

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 2581 who have served at the Marine Corps Logis- tremendous courage during her three-year the Minsk Group and by attempting to move tics Base in Albany, Georgia over the last 60 battle with cancer. Russia toward a constructive approach in the years for their outstanding valor and patriotic Although Barbara faced challenges and en- Geneva talks on Abkhazia and South Ossetia. service. dured discrimination as a female and minority, Washington’s efforts have unfortunately not re- f she never let that get in the way of her per- sulted in a resolution of these protracted dis- sonal and professional goals. She was a suc- putes. PERSONAL EXPLANATION cessful executive for IBM, but what she was We have seen how quickly so-called ‘‘fro- most well-known for was her passion and con- zen’’ conflicts can come unfrozen, with terrible HON. JESSE L. JACKSON, JR. tributions to the game of golf. consequences. It is my understanding that OF ILLINOIS Barbara started playing golf on New York- Secretary Clinton is planning a trip to Georgia. IN THE HOUSE OF REPRESENTATIVES area public courses and went on to compete I hope this is a sign that the region will receive as an adult in the U.S. Women’s Amateur a continuing and high priority in U.S. diplo- Wednesday, February 29, 2012 Public Links, a United States Golf Association macy. Mr. JACKSON of Illinois. Mr. Speaker, on national tournament. f Monday, February 27, and Tuesday, February Among her many accomplishments was 28, 2012, I was unavoidably detained for per- serving as the first minority chairman of the IN RECOGNITION OF MR. MARK S. sonal reasons, and missed the recorded vote U.S. Golf Association’s Women’s Committee NEWMAN for the Senate Amendment to H.R. 347, the in 2009 and 2010; receiving the Golf Writers Federal Restricted Buildings and Grounds Im- Association of America’s 2011 Ben Hogan HON. GEOFF DAVIS provement Act, H. Res. 563, providing for con- Award for overcoming a physical disability to OF KENTUCKY sideration of H.R. 2117, the Protecting Aca- remain active in golf, serving as president of IN THE HOUSE OF REPRESENTATIVES demic Freedom in Higher Education Act. the National Minority Golf Foundation, and Wednesday, February 29, 2012 If present, I would have recorded my votes being inducted as a member of the National as the following: On Monday, February 27, Black Golf Hall of Fame. She also found time Mr. DAVIS of Kentucky. Mr. Speaker, I rise ‘‘yea,’’ on rollcall vote 73; on Tuesday, Feb- to champion causes such as the LPGA-USGA today in recognition of Mr. Mark S. Newman, ruary 28, ‘‘nay,’’ on rollcall vote 74, ‘‘yea’’ on Girls Golf Program. the Chairman and Chief Executive Officer of rollcall vote 75, ‘‘yea’’ on rollcall vote 76, ‘‘yea’’ The world has lost a true champion. Those DRS Technologies, as he retires after thirty- on rollcall vote 77, ‘‘yea’’ on rollcall vote 78, who knew her will miss her compassionate nine years of dedicated service to the defense and ‘‘nay’’ on rollcall vote 79. spirit, but her legacy to the game of golf will industry and our servicemen and women. f live on forever. My deepest sympathies and Mark’s leadership and inspirational concern my prayers go out to her friends and family for providing our warriors with the very best CELEBRATING ST. FRANCIS MED- and the many lives she touched along her 69- technology this nation can produce has led to ICAL CENTER’S AUXILIARY MEM- year journey. the development and fielding of products BERS f which have directly saved lives on the battle- field, created enhanced situational awareness HON. RODNEY ALEXANDER THE RECENT VISIT OF GEORGIAN and provided superior advantages to our PRESIDENT MIKHEIL OF LOUISIANA armed forces. He has, for his entire career, SAAKASHVILI IN THE HOUSE OF REPRESENTATIVES sought to place equipment in the hands of our troops that ensured they not only completed Wednesday, February 29, 2012 HON. MICHAEL C. BURGESS their missions, but returned home safely. Mr. ALEXANDER. Mr. Speaker, I rise today OF TEXAS Mark joined DRS Technologies in 1973, four in celebration of the St. Francis’s Auxiliary IN THE HOUSE OF REPRESENTATIVES years after the company’s founding, and was Members ringing in their 85th year of service named a director in 1988. After serving many Wednesday, February 29, 2012 and assistance to the patients of the medical years as the company’s Chief Financial Offi- center. These men and women have dedi- Mr. BURGESS. Mr. Speaker, I rise to note cer, he was named President and CEO in cated countless hours to help those during the recent visit of Georgian President Mikheil 1994, and in 1995 was elected Chairman of times of need, and I am evermore grateful. Saakashvili to Washington. He met with Presi- the Board. Under his watch, the company To say that this group is a source of dent Obama, Vice President BIDEN, Secretary grew from a small specialty electronics sup- strength within the Monroe community is an Clinton, and many Members of Congress. plier to a highly diversified defense technology understatement. Bringing comfort and hope to President Saakashvili’s high-profile visit helped provider with 10,000 employees—over 15% of patients and their families is a priceless gift. consolidate bilateral relations, and the NATO whom have served in the U.S. Armed Forces. They have made a real difference in the lives Summit in Chicago in May could witness In short, Mark has built a company that is a of many, and I commend each member, past progress towards Georgia’s membership. true American success story. and present, for their admirable service and At home, however, Georgia confronts the In 2005, Mark established the DRS Tech- leadership. unresolved conflicts in Abkhazia and South nologies Charitable Foundation, with a focus This group is among Louisiana’s finest, and Ossetia. In December, I chaired a briefing by on helping those who serve—a cause he it is an honor to pay tribute to the 85th anni- the Helsinki Commission that examined the knew would resonate throughout the entire versary of such devoted and selfless individ- conflicts in the Caucasus, including Abkhazia DRS workforce. Through the years that fol- uals. Mr. Speaker, I ask my colleagues to join and South Ossetia as well as Nagorno- lowed, he has raised about $600,000 to sup- me today in applauding such an outstanding Karabakh. I was impressed by the witnesses’ port the Intrepid Fallen Heroes Fund and their benchmark. expert testimony but concerned by their warn- efforts to build a world-class, state-of-the-art f ing about the possibility of renewed hostilities physical rehabilitation center at Brooke Army in this strategically important region. Medical Center in San Antonio, Texas. Mark A TRIBUTE IN HONOR OF Despite mediation by the OSCE Minsk also helped raise over $500,000 to assist the BARBARA DOUGLAS Group, the parties seem no closer to a resolu- USO with the initiative ‘‘Operation Enduring tion of the Nagorno-Karabakh dispute than Care,’’ becoming a Global Partner with the HON. EDOLPHUS TOWNS they were years ago. Prospects for settling the USO in the process. In 2009, Mark helped OF NEW YORK conflicts in Abkhazia and South Ossetia are raise over $600,000 for the building of the IN THE HOUSE OF REPRESENTATIVES even more remote, with Russia having recog- state-of-the-art Intrepid Center of Excellence nized the independence of those separatist re- to research, diagnose and treat Traumatic Wednesday, February 29, 2012 gions, where OSCE monitors have also been Brain Injury (TBI) suffered by those injured Mr. TOWNS. Mr. Speaker, I rise today in excluded. while serving in Iraq and Afghanistan, and just great sadness to mark the passing of Barbara Of course, the U.S. Government has for last year Mark made it his personal mission to Douglas, an exceptional businesswoman and years been involved in negotiating a settle- support ‘‘Operation Mend’’ at UCLA Medical a champion of the game of golf who displayed ment of these conflicts, through participation in Center matching the $240,000 donated by

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2582 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 February 29, 2012 DRS leadership with $240,000 of his own support and encouragement for many more quake and they told me about their experience money. His patriotism and philanthropic initia- families in the years to come. practicing an earthquake drill. The safety of tives supporting military charities makes him a f our children is of the utmost importance and hero in his own right. schools play a key role during disasters so RECOGNIZING LOUISIANA’S Mr. Speaker, I ask House—me in recog- when they are well prepared the whole com- LONGEST MARRIED COUPLE nizing Mark S. Newman’s contributions and munity benefits. thanking him for his dedication to our service- HON. RODNEY ALEXANDER The Saint Louis University Earthquake Cen- men and women. OF LOUISIANA ter is a world leader in the field of earthquake f IN THE HOUSE OF REPRESENTATIVES seismology. I had the opportunity to tour this facility and to learn about the groundbreaking HONORING THE THADDEUS Wednesday, February 29, 2012 research they are doing. As part of this year’s KOSCIUSZKO SOCIETY AS THEY Mr. ALEXANDER. Mr. Speaker, on behalf of Earthquake Awareness Month, Saint Louis CELEBRATE THEIR 100TH ANNI- the United States Congress, it is with great University hosted a seminar entitled ‘‘Earth- VERSARY pride that I rise today to recognize Louisiana’s quakes: Mean Business’’ that focused on dis- longest-married couple, Norman and Norma aster preparedness and business continuity HON. ROSA L. DeLAURO Burmah. planning. The St. Louis Science Center also OF CONNECTICUT The Marksville couple, who celebrated their hosted an Earthquake Awareness Day to in- IN THE HOUSE OF REPRESENTATIVES 81st wedding anniversary, will be inducted into troduce our citizens to the science behind Wednesday, February 29, 2012 the Louisiana Family Forum’s Marriage Hall of earthquakes. Fame, and were recently commended by Gov- I applaud the citizens and businesses of the Ms. DELAURO. Mr. Speaker, it gives me ernor Bobby Jindal in a reception held in their St. Louis region for their vigilance in preparing great pleasure to rise today to join the many honor on Valentine’s Day. for earthquakes and I encourage our contin- families and community leaders who have After an introduction by Norma’s friend, the ued investment in studying and preparing for gathered today to celebrate the 100th Anniver- couple began their courtship in 1930 at the these potentially devastating natural events. sary of the Thaddeus Kosciuszko Society—a Roof Garden Dance Hall in New Orleans. The f remarkable milestone for this very special or- following year, Norman and Norma were mar- ganization. ried at Holy Ghost Church in the Crescent HONORING NATIONAL KIDNEY Like so many others of its kind, the forma- City. MONTH tion of the Thaddeus Kosciuszko Society was Known as ‘‘Maw’’ and ‘‘Paw’’ to their loved rooted in the common need of immigrants to ones, they are the proud parents of two HON. TOM MARINO support one another. Milford, Connecticut was daughters, and have been blessed with six OF PENNSYLVANIA an ideal location for Polish farmers who had grandchildren and 13 great-grandchildren. IN THE HOUSE OF REPRESENTATIVES recently immigrated to America to settle be- After Hurricane Katrina destroyed their home Wednesday, February 29, 2012 cause of the agricultural opportunities the land in 2005, Norman and Norma relocated to presented. In a new country and beginning Marksville where their strong commitments to Mr. MARINO. Mr. Speaker, I rise today to new farms, these families faced many chal- each other, family and God have continued. ask the House to join me on March 1, 2012 lenges. Seeing the need to have someone or It is an honor to recognize Norman and in recognition of Kidney Action Day and rec- something available to them to assist in a time Norma Burmah and give my heartfelt con- ognition of March as National Kidney Month. crisis, a group of seven men met on Sunday, gratulations to them on this truly incredible With over 31 million Americans affected by April 1, 1912, and established an organization event in their lives. I ask my colleagues to join kidney disease, it is critical that we make through which they could not only help each me in extending best wishes to Louisiana’s every effort to raise awareness and stress the other, but also future generations. Their mis- longest married couple. importance of early detection and treatment of sion, as stated in their original bylaws was f the nation’s 8th most deadly disease. simple: ‘‘To promote social activities, recre- The effects of chronic kidney disease can ation and mental improvement among its EARTHQUAKE AWARENESS MONTH go undetected for years without showing any members and to provide relief benefit therefor IN MISSOURI symptoms but can evolve into a condition with in cases of sickness or trouble.’’ the worst of consequences. As a survivor of From that handful of farmers, the Society HON. RUSS CARNAHAN kidney cancer, I know the importance of get- has grown throughout the years. Many of to- OF MISSOURI ting checked and beginning the fight at the day’s seventy-five members are descendents IN THE HOUSE OF REPRESENTATIVES earliest possible stage. A blood or urine of the original seven. Throughout its 100-year screening can determine whether an individual history, the Society has often been a source of Wednesday, February 29, 2012 is showing signs of a renal condition and in comfort and support for newly immigrated fam- Mr. CARNAHAN. Mr. Speaker, I rise to early stages, the disease can be treated with ilies. Over that time, the Society Treasury, bring the important issue of earthquake aware- medication along with a diet and exercise pro- funded by member dues and modest fund- ness to the attention of the members of the gram. raising events, has enabled the Society to pro- House. However, if left untreated, kidney disease vide financial support to relatives and sur- February is Earthquake Awareness Month in may harbor other conditions such as diabetes vivors of the sick and deceased as well as Missouri. My district lies within the New Ma- or hypertension which increases the risk for a more than $50,000 in scholarships to students drid Seismic Zone, the nation’s most active stroke, heart attack, or other cardiac-related of Polish decent seeking higher education. earthquake zone east of the Rocky Mountains. issues. Dialysis may be needed in the later Keeping with the practice started by their Every year there are more than 200 small stages of chronic kidney disease as it aids in founders, the Thaddeus Kosciuszko Society earthquakes in this region and there have cleaning the bloodstream of toxins and in the still meet once a month on a Sunday after- been earthquakes as strong as magnitude 7.0 most severe cases a kidney transplant may be noon and their Annual Summer Picnic, now a in the past. These natural disasters aren’t pre- needed. While there is no cure for chronic kid- well-known community tradition, is still held on dictable so we must remain vigilant in our ney disease, proper lifelong treatment can a mid-summer Sunday afternoon. Though preparation for and awareness of the hazards slow the onset of kidney failure and help con- times and the needs of members have associated with earthquakes. trol the symptoms of this devastating disease. changed, the Society continues to make a dif- This month I had the opportunity to speak On March 1, 2012, I will be attending Kid- ference in the lives of those in need, strength- with high school students from my district ney Action Day on the Hill in order to raise ening the bonds of friendship and community about what they are doing to prepare them- consciousness and spread knowledge that from one generation to the next. Today, as selves for an earthquake. On February 7th could potentially mitigate the tragic effects of they celebrate their 100th Anniversary, they they joined other students from 414 Missouri this disease. I ask my fellow members of the can proudly look back on their rich history and schools in the 2012 Great Central US Shake- House to join me on March 1, 2012 to recog- be secure in the knowledge that the Thaddeus Out. We discussed how the students can pre- nize Kidney Action Day and National Kidney Kosciuszko Society will remain a source of pare their schools and homes for an earth- Month all across the United States so that we

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 2583 may spread awareness and lend a hand in called the Great Lakes Restoration Initiative, In my congressional district, I have met with saving the lives of those we serve. which is proving effective at addressing the countless constituents and their families f enormous needs facing our Great Lakes. whose lives have, in one way or another, been Through the GLRI, specific areas of concern impacted by a rare disease such as PERSONAL EXPLANATION like the Cuyahoga, Maumee, and Black Rivers Epidermolysis Bullosa, commonly known as are receiving much needed federal dollars to EB, which is characterized by the presence of HON. CHRISTOPHER S. MURPHY improve these watersheds. extremely fragile skin that results in the devel- OF CONNECTICUT After years of work to develop the Ottawa opment of recurrent, painful blisters, open IN THE HOUSE OF REPRESENTATIVES National Wildlife Refuge, the GLRI is helping sores, and in some forms of the disease, in Wednesday, February 29, 2012 expand their efforts in wetland habitat restora- disfiguring scars, disabling musculoskeletal tion and enhancement. deformities, and internal blistering. EB affects Mr. MURPHY of Connecticut. Mr. Speaker, In the Black River, we are removing steel approximately 12,000 individuals in the United on February 28, 2012 I was unavoidably de- mill slag and restoring habitat for native fish States. tained and missed rollcall vote 79. If present, species. I have also met with families impacted by I would have voted ‘‘nay.’’ This fall in Sandusky, we dedicated a new Duchenne Muscular Dystrophy. This is a form f research vessel for Lake Erie—The ‘‘USS of muscular dystrophy found in boys who ex- SUPPORTING GREAT LAKES WEEK Muskie.’’ perience a progressive loss of muscle func- And, the University of Toledo is undertaking tion. Parent Project Muscular Dystrophy esti- a study to assess the benefits provided by a mates that 15,000 young men suffer from HON. MARCY KAPTUR newly created wetlands to prevent agricultural Ducherme. OF OHIO runoff that can produce algal blooms and in- Marfan Syndrome is another rare disease IN THE HOUSE OF REPRESENTATIVES crease nearshore health concerns, such as e that has impacted my constituents. Marfan Wednesday, February 29, 2012 coli and other bacteria. Syndrome is a disorder of the connective tis- I, along with a broad range of costal stake- sue that can affect the skeletal, cardio- Ms. KAPTUR. Mr. Speaker, this week in holders, continue to work closely with the vascular, and nervous systems, the skin, eyes, Washington is Great Lakes Week. It could not agency officials to ensure that the most fragile and lungs. While there is no cure, an early di- come at a more important time. Great Lakes ecosystem—Lake Erie—receives agnosis and proper treatment can provide a Last Thursday, the Administration released funding levels in line with the great need. normal life-span. The National Marfan Founda- the 2012 Asian Carp Control Strategy Frame- And, it is essential that our Great Lakes del- tion estimates that 200,000 are affected by work, which is important in establishing the egation work with my colleagues in Congress Marfan Syndrome. fight to protect our Great Lakes against to ensure that we continue sufficient funding to Finally, I would like to take this opportunity invasive Asian carp that threaten our $7 billion the Great Lakes Restoration Initiative to also mention Dysautonomia, a group of dis- fishing industry. No lake is more important America has done so much to help certain orders that cause a breakdown or failure of than Lake Erie—The largest fishery on the areas like the Everglades and expanses of the autonomic nervous system which regu- Great Lakes. Alaska that few Americans will ever get to lates involuntary functions of the body: heart We should be thankful that President enjoy. More than one quarter of our country rate, blood pressure, body temperature, and Obama is elevating Asian carp as a priority. I lives in a Great Lakes state and depends on perspiration. Some forms of this order are encourage him to do more to stop the carp healthy lakes for water, farming, business and characterized as rare diseases such as Mul- from migrating into our precious ecosystem. pleasure. tiple System Atrophy and Familial Last month, another important study was re- During this Great Lakes Week, and through- Dysautonomia. Although other forms such as leased, outlining a necessary path forward to out the upcoming months in which we will de- Postural Orthostatic Tachycardia Syndrome, separate our Great Lakes from the Mississippi termine our spending priorities, I urge my col- Neurocardiogenic Syncope, and Autoimmune watershed. This is the only real solution for leagues, especially those in our region who Autonomic Ganglionopathy are not, this does stopping the enemy at the gate. have not already gotten on board, to support not detract from their importance and should For the same reason, I am a cosponsor of the Great Lakes Restoration Initiative and not result in a federal commitment less than the Stop Asian Carp Act, which calls for that other programs to protect these national and resolute in discovering advances to help in- barrier to be built now, not delayed for over a global treasures for today and tomorrow. crease accurate diagnosis and better treat- decade. Too much is at risk. f ment. Together, the National Dysautonomia I represent the largest portion of costal Ohio Research Foundation estimates that over one along Lake Erie—which contains more native RECOGNIZING INTERNATIONAL million Americans are impacted by an auto- fish than all the other Lakes combined. We RARE DISEASE DAY nomic system disorder. must protect this valuable ecological treasure, Today, Mr. Speaker, I join with patients, and the local multi-billion dollar economy it HON. TIMOTHY H. BISHOP their families, and millions in the United States supports. This involves the lake itself, the mar- OF NEW YORK and around to the world to recognize this im- itime industry, coastal tourism, recreation, IN THE HOUSE OF REPRESENTATIVES portant day. I urge my colleagues to take a wildlife refuges, energy protection, industrial Wednesday, February 29, 2012 moment today to think about what more Con- plants and so much more. gress can do to help Americans and their fam- These endowments extend far beyond Mr. BISHOP of New York. Mr. Speaker, I ilies suffering from rare diseases. Together, Asian carp. This year, lakeside communities rise to recognize the fifth International Rare we can do more for all. Disease Day, a day reserved to promote again are grappling with an expanding algal f bloom that can be poisonous if ingested, cre- awareness of the approximately 6,800 rare ates biological dead-zones, and just plain diseases afflicting 30 million Americans. SENATE COMMITTEE MEETINGS stinks. In the United States, a rare disease is one Title IV of Senate Resolution 4, Residents stay inside to avoid the putrid that affects fewer than 200,000 people. The agreed to by the Senate on February 4, smell, charter boat captains suffer as fishing National Organization of Rare Disorders esti- 1977, calls for establishment of a sys- declines, and hotels and restaurants in pop- mates that one in ten Americans are suffering tem for a computerized schedule of all ular vacation spots sit empty as travelers take today from a rare disease. Thanks to patients meetings and hearings of Senate com- their recreational dollars elsewhere. and their families, the medical community, and mittees, subcommittees, joint commit- Under the Western Lake Erie Basin Partner- organizations established to advocate for tees, and committees of conference. ship, I have brought together researchers, greater awareness and research, advances This title requires all such committees non-profits, and local-residents to work with have been in the diagnosis and treatment of to notify the Office of the Senate Daily federal agencies including the EPA, Depart- many of these diseases. With a renewed com- Digest—designated by the Rules Com- ment of Agriculture, and Army Corps of Engi- mitment to scientific research and discovery, mittee—of the time, place, and purpose neers to address this huge challenge. we can provide much more than treatments of the meetings, when scheduled, and Under President Obama, many of these ef- and disease management to millions of our any cancellations or changes in the forts were integrated into a new program suffering constituents, we can provide cures. meetings as they occur.

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00014 Fmt 0689 Sfmt 0634 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD 2584 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 February 29, 2012 As an additional procedure along Intelligence to establish the Susquehanna Gateway with the computerization of this infor- To hold closed hearings to examine cer- National Heritage Area in the State of tain intelligence matters. mation, the Office of the Senate Daily Pennsylvania, S. 1191, to direct the SH–219 Secretary of the Interior to carry out a Digest will prepare this information for study regarding the suitability and fea- printing in the Extensions of Remarks MARCH 7 sibility of establishing the Naugatuck section of the CONGRESSIONAL RECORD 9 a.m. River Valley National Heritage Area in on Monday and Wednesday of each Armed Services Connecticut, S. 1198, to reauthorize the week. To hold hearings to examine the situa- Essex National Heritage Area, S. 1215, tion in Syria; with the possibility of a to provide for the exchange of land lo- Meetings scheduled for Thursday, closed session in SVC–217 following the cated in the Lowell National Historical March 1, 2012 may be found in the Daily open session. Park, S. 1589, to extend the authoriza- SD–106 Digest of today’s RECORD. tion for the Coastal Heritage Trail in 9:30 a.m. the State of New Jersey, S. 1708, to es- Agriculture, Nutrition, and Forestry tablish the John H. Chafee Blackstone To hold hearings to examine healthy River Valley National Historical Park, MEETINGS SCHEDULED food initiatives, local production, and H.R. 1141, to authorize the Secretary of nutrition. MARCH 6 the Interior to study the suitability SH–216 and feasibility of designating pre- 9:30 a.m. 10 a.m. historic, historic, and limestone forest Armed Services Agriculture, Nutrition, and Forestry sites on Rota, Commonwealth of the To hold hearings to examine U.S. Central To hold hearings to examine risk man- Northern Mariana Islands, as a unit of Command and U.S. Special Operations agement and commodities in the 2012 the National Park System, H.R. 2606, Command in review of the Defense Au- farm bill. to authorize the Secretary of the Inte- thorization request for fiscal year 2013 SH–216 rior to allow the construction and op- and the Future Years Defense Pro- Commerce, Science, and Transportation eration of natural gas pipeline facili- gram; with the possibility of a closed To hold hearings to examine priorities, ties in the Gateway National Recre- session in SVC–217 following the open plans, and progress of the nation’s ation Area, S. 2131, to reauthorize the session. space program. Rivers of Steel National Heritage Area, SH–216 SR–253 the Lackawanna Valley National Her- 10 a.m. Homeland Security and Governmental Af- itage Area, and the Delaware and Le- Banking, Housing, and Urban Affairs fairs high National Heritage Corridor, and S. To hold hearings to examine spurring job To hold hearings to examine the Presi- 2133, to reauthorize the America’s Agri- growth through capital formation dent’s reorganization plan, focusing on cultural Heritage Partnership in the while protecting investors, part II. retooling government for the 21st cen- State of Iowa. SD–538 tury. SD–366 Budget SD–342 Judiciary To hold hearings to examine perspectives To hold hearings to examine lending dis- MARCH 8 on the President’s proposed budget re- crimination practices and foreclosure quest for fiscal year 2013 for the De- 9:30 a.m. abuses. partment of Defense. Armed Services SD–226 SD–608 To hold hearings to examine the Depart- Appropriations Energy and Natural Resources ment of the Army in review of the De- Departments of Labor, Health and Human To hold hearings to examine the Presi- fense Authorization request for fiscal Services, and Education, and Related dent’s proposed budget request for fis- year 2013 and the Future Years Defense Agencies Subcommittee cal year 2013 for the Forest Service. Program. To hold hearings to examine proposed SD–366 SD–106 budget estimates for fiscal year 2013 for Finance 10 a.m. the Department of Health and Human Health, Education, Labor, and Pensions To hold hearings to examine tax reform Services. options, focusing on incentives for cap- To hold hearings to examine the key to SD–124 America’s global competitiveness, fo- ital investment and manufacturing. Veterans’ Affairs SD–215 cusing on a quality education. To hold joint hearings to examine a leg- SD–430 10:30 a.m. islative presentation from the Veterans Homeland Security and Governmental Af- 2:15 p.m. of Foreign Wars (VFW). Indian Affairs fairs SD–G50 To hold hearings to examine the nomina- To hold hearings to examine the Presi- 10:30 a.m. dent’s proposed budget request for fis- tion of Tony Hammond, of Missouri, to Appropriations cal year 2013 for Native Programs. be a Commissioner of the Postal Regu- Department of Defense Subcommittee SD–628 latory Commission. To hold hearings to examine proposed 2:30 p.m. SD–342 budget estimates for fiscal year 2013 for Homeland Security and Governmental Af- 2:30 p.m. the Department of the Navy. fairs Foreign Relations SD–192 To hold hearings to examine the Presi- To hold hearings to examine the Presi- 2 p.m. dent’s proposed budget request for fis- dent’s proposed budget request for fis- Aging cal year 2013 for the Department of cal year 2013 for international develop- To hold hearings to examine opportuni- Homeland Security. ment priorities. ties for savings, focusing on removing SD–342 SD–419 obstacles for small business. Homeland Security and Governmental Af- SD–562 Intelligence fairs 2:30 p.m. To hold closed hearings to examine cer- To hold hearings to examine the nomina- Commerce, Science, and Transportation tain intelligence matters. tions of Mark A. Robbins, of California, Oceans, Atmosphere, Fisheries, and Coast SH–219 to be a Member of the Merit Systems Guard Subcommittee Protection Board, and Roy Wallace To hold hearings to examine the Presi- MARCH 13 McLeese III, to be an Associate Judge dent’s proposed budget request for fis- 9:30 a.m. of the District of Columbia Court of cal year 2013 for the Coast Guard and Armed Services Appeals. the National Oceanic and Atmospheric To hold hearings to examine U.S. South- SD–342 Administration. ern Command and U.S. Northern Com- Commerce, Science, and Transportation SR–253 mand in review of the Defense Author- Science and Space Subcommittee Energy and Natural Resources ization request for fiscal year 2013 and To hold hearings to examine keeping National Parks Subcommittee the Future Years Defense Program; America competitive through invest- To hold hearings to examine S. 29, to es- with the possibility of a closed session ments in research and development. tablish the Sacramento-San Joaquin in SVC–217 following the open session. SR–253 Delta National Heritage Area, S. 1150, SD–G50

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00015 Fmt 0689 Sfmt 0634 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD February 29, 2012 EXTENSIONS OF REMARKS, Vol. 158, Pt. 2 2585 10 a.m. MARCH 15 erans Affairs, and The Retired Enlisted Energy and Natural Resources 9:30 a.m. Association. To hold hearings to examine the report Armed Services SD–G50 of the Independent Consultant’s Re- To hold hearings to examine the Depart- 2 p.m. view with Respect to the Department ment of the Navy in review of the De- Judiciary of Energy Loan and Loan Guarantee fense Authorization request for fiscal Antitrust, Competition Policy and Con- Portfolio. year 2013 and the Future Years Defense sumer Rights Subcommittee SD–366 Program; with the possibility of a To hold hearings to examine Verizon and 10:30 a.m. closed session in SVC–217 following the cable deals. SD–226 Homeland Security and Governmental Af- open session. fairs SD–G50 MARCH 22 Contracting Oversight Subcommittee 2:15 p.m. To hold hearings to examine contractors, Indian Affairs 10 a.m. focusing on how much they are costing To hold an oversight hearing to examine Veterans’ Affairs the government. Indian water rights, focusing on pro- To hold joint hearings to examine the legislative presentations of the Para- SD–342 moting the negotiation and implemen- lyzed Veterans of America, Air Force Judiciary tation of water settlements in Indian Sergeants Association, Blinded Vet- To hold hearings to examine the Free- country. SD–628 erans Association, American Veterans dom of Information Act, focusing on (AMVETS), Gold Star Wives, Fleet Re- safeguarding critical infrastructure in- serve Association, Military Officers As- MARCH 20 formation and the public’s right to sociation of America, and the Jewish know. 9:30 a.m. War Veterans. SD–226 Armed Services 345, Cannon Building To hold hearings to examine the Depart- MARCH 14 ment of the Air Force in review of the MARCH 28 Defense Authorization request for fis- 10 a.m. 10 a.m. cal year 2013 and the Future Years De- Veterans’ Affairs Veterans’ Affairs fense Program; with the possibility of a To hold hearings to examine ending To hold hearings to examine the nomina- closed session in SVC–217 following the homelessness among veterans, focusing tions of Margaret Bartley, of Mary- open session. on Veterans’ Affairs progress on its land, and Coral Wong Pietsch, of Ha- SD–G50 five year plan. waii, both to be a Judge of the United States Court of Appeals for Veterans SR–418 MARCH 21 2 p.m. Claims. 10 a.m. Armed Services SR–418 Veterans’ Affairs Personnel Subcommittee 2 p.m. To hold joint hearings to examine the To hold hearings to examine the Active, Armed Services legislative presentations of the Mili- Personnel Subcommittee Guard, Reserve, and civilian personnel tary Order of the Purple Heart, Iraq To resume hearings to examine the Ac- programs in review of the Defense Au- and Afghanistan Veterans of America tive, Guard, Reserve, and civilian per- thorization request for fiscal year 2013 (IAVA), Non Commissioned Officers As- sonnel programs in review of the De- and the Future Years Defense Pro- sociation, American Ex-Prisoners of fense Authorization request for fiscal gram. War, Vietnam Veterans of America, year 2013 and the Future Years Defense SR–232A Wounded Warrior Project, National As- Program. sociation of State Directors of Vet- SR–232A

VerDate Sep 11 2014 11:59 Mar 22, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0689 Sfmt 0634 E:\BR12\E29FE2.000 E29FE2 rmajette on DSK2TPTVN1PROD with BOUND RECORD