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

Vol. 158 WASHINGTON, TUESDAY, MAY 15, 2012 No. 69 House of Representatives The House met at noon and was Federal law enforcement officers who serve today, the President of the United called to order by the Speaker pro tem- and protect us with courage and dedication. States spoke to all of the survivors and pore (Mr. BISHOP of Utah). These observances also remind us of the on- police officers and their families that going need to be vigilant against all forms of f crime, especially to acts of extreme violence were in attendance on the front lawn of the Capitol, rightfully, as he should. DESIGNATION OF SPEAKER PRO and terrorism. We appreciate the President coming TEMPORE On Sunday, May 13, I attended the candlelight vigil for our fallen officers forward because it means so much to The SPEAKER pro tempore laid be- the survivors of a law enforcement offi- fore the House the following commu- from 2011. There were 163 peace officers who sacrificed their lives for us in the cer who gave the ultimate sacrifice. nication from the Speaker: line of duty. Earlier today, I had the Once again, we’ve been blessed, Mr. WASHINGTON, DC, honor of attending the 31st National Speaker, and we owe a debt of grati- May 15, 2012. tude to our law enforcement officers I hereby appoint the Honorable ROB BISHOP Police Officers Memorial Service right here on the front lawn of the Capitol. who protect us 24 hours a day, 7 days a to act as Speaker pro tempore on this day. week. JOHN A. BOEHNER, We honored over 19,000 law enforce- Speaker of the House of Representatives. ment officers who have given their Mr. Speaker, I ask that we also keep our thoughts and prayers, not only for f lives—the ultimate sacrifice—in the line of duty. the law enforcement officers that are MORNING-HOUR DEBATE In 2011, 163 police officers gave their out there today at this very minute The SPEAKER pro tempore. Pursu- lives for this country. So far this year, across the United States putting their ant to the order of the House of Janu- we’ve lost over 40 officers in the line of lives on the line, but also remember ary 17, 2012, the Chair will now recog- duty. On July 3, 2011—and this is espe- those who are serving in harm’s way in nize Members from lists submitted by cially close to me—one of those who our military who also have given the the majority and minority leaders for lost their lives was Hernando County fullest measure that they can, and morning-hour debate. Sheriff’s Deputy John Mecklenburg, a that’s their life, in defense of this The Chair will alternate recognition deputy that I actually swore in to country. between the parties, with each party serve the citizens of Hernando County. Mr. Speaker, God bless us and God limited to 1 hour and each Member John died while in pursuit of a sus- bless America. other than the majority and minority pect and gave his life, and John left be- f leaders and the minority whip limited hind a wife, Penny, and two children. to 5 minutes each, but in no event shall When he left that evening to go to RECESS debate continue beyond 1:50 p.m. work for the midnight shift, he had all The SPEAKER pro tempore. Pursu- f expectations of coming home. But John ant to clause 12(a) of rule I, the Chair gave the ultimate sacrifice for his declares the House in recess until 2 NATIONAL POLICE WEEK AND county, for his State, and, ultimately, p.m. today. DEPUTY JOHN MECKLENBURG for his Nation. Accordingly (at 12 o’clock and 5 min- The SPEAKER pro tempore. The I served as a police officer for 36 utes p.m.), the House stood in recess. Chair recognizes the gentleman from years before I came up here. I know f Florida (Mr. NUGENT) for 5 minutes. what it is to go through the grief of Mr. NUGENT. Mr. Speaker, I rise losing one of our own. I want to thank b 1400 today in reference to National Police the Fraternal Order of Police for high- AFTER RECESS Week, which is going on right now. lighting this and working with the In 1962, President Kennedy pro- COPS organization to actually pay re- The recess having expired, the House claimed May 15 as National Peace Offi- spect to those who have given the ulti- was called to order by the Speaker at 2 cers Memorial Day and the calendar mate sacrifice. p.m. week in which May 15 falls as National We’ve been blessed in America, and f Police Week. This year’s National Po- we’re protected by people who do it be- lice Week is Sunday, May 13, through cause it’s the right thing to do, not be- PRAYER Saturday, May 19. cause they’re going to make a lot of The Chaplain, the Reverend Patrick As George W. Bush once described it: money. They do it because they truly J. Conroy, offered the following prayer: Peace Officers Memorial Day and Police believe in the citizens that they serve. We give You thanks, O God, for giv- Week pay tribute to the local, State, and They do it with honor and dignity. And ing us another day.

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

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VerDate Mar 15 2010 02:55 May 16, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.000 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2666 CONGRESSIONAL RECORD — HOUSE May 15, 2012 We ask Your blessing upon this as- lives to defend our freedoms and pro- accomplishment. It’s a testament to sembly and upon all to whom the au- tect our families from foreign threats. what can be done when a group of em- thority of government is given. Help This week, the House will vote on the ployees, however large, share a com- them to meet their responsibilities National Defense Authorization Act. I mon vision and come together to work during these days, enlightened by Your urge my colleagues to support this bill toward that goal. Today, I’m honored eternal Spirit. and give military families the re- to share this accomplishment with the We gather after celebrating Mother’s sources they deserve as they fight to Nation. Congratulations, Kennametal. Day. We thank You for the gift of self promote peace through strength. You deserve it. modeled by our mothers, who chose to In conclusion, God bless our troops, f place each of us before themselves in and we will never forget September the 1410 giving birth to us and nurturing us as 11th in the global war on terrorism. b we grew. May we all earn the pride of f COMMEMORATING PEACE our mothers in the service we provide OFFICERS MEMORIAL DAY HAPPY 150TH ANNIVERSARY TO to the benefit of this Nation. UNITED STATES DEPARTMENT (Mr. CARNAHAN asked and was Finally, we take special notice this OF AGRICULTURE given permission to address the House day, May 15, of National Peace Officers’ for 1 minute.) Memorial Day, of the 163 peace officers (Mr. SABLAN asked and was given Mr. CARNAHAN. Mr. Speaker, today who died this past year in the line of permission to address the House for 1 is Peace Officers Memorial Day. duty. We ask that You grant them minute.) Throughout the Nation, and in my eternal rest for having paid the ulti- Mr. SABLAN. Mr. Speaker, I stand home State of Missouri, flags fly at mate price in protecting us, and give today to pay tribute to a great Amer- half staff at all our State buildings in their families consolation in mourning ican success story. Today marks the honor of the members of our police their loss. May they be assured that we 150th anniversary of the founding of forces who have reached the ends of as a Nation hold them in our hearts the United States Department of Agri- their watch, including seven in 2011 and and understand that we will always be culture. two in 2010. indebted to them. President Abraham Lincoln founded These men and women gave their May all that is done within the peo- USDA, as it’s commonly called, and di- lives for their Nation, not on a battle- ple’s House this day be for Your great- rected its focus to advancing America’s field with a foreign name, but in our er honor and glory. agriculture industry through science neighborhoods, on streets our children Amen. and engineering. Today, our country’s walk. They’re heroes, seldom recog- advanced system of production agri- f nized, frequently in danger, always culture is evidence of how successful ready to give what Abraham Lincoln THE JOURNAL we are by being the world leader in called ‘‘the last full measure of devo- The SPEAKER. The Chair has exam- food production, conservation innova- tion’’ to protect and serve our friends, ined the Journal of the last day’s pro- tions, in the development and use of our family, our community. ceedings and announces to the House agricultural biotechnology that helps The peace officers lost in Missouri his approval thereof. produce biofuels, as well as helping fell as enforcers of law and as first re- Pursuant to clause 1, rule I, the Jour- farmers export their products that con- sponders in times of need. We remem- nal stands approved. tribute to our positive balance of agri- ber them all with an empty spot on the f cultural trade. force and hearts full of thanks for their And so, Mr. Speaker, I pay tribute sacrifice and service. PLEDGE OF ALLEGIANCE and extend my personal best wishes to f The SPEAKER. Will the gentleman USDA on its 150th anniversary. I also from Arkansas (Mr. WOMACK) come for- congratulate Secretary Vilsack and all MEDIA SPINS JOBS REPORT ward and lead the House in the Pledge the fine men and women who work or (Mr. SMITH of Texas asked and was of Allegiance. have worked in the Department, and I given permission to address the House Mr. WOMACK led the Pledge of Alle- wish them another 150 years of success. for 1 minute and to revise and extend giance as follows: f his remarks.) Mr. SMITH of Texas. Mr. Speaker, I pledge allegiance to the Flag of the CONGRATULATING KENNAMETAL United States of America, and to the Repub- according to the American Enterprise lic for which it stands, one nation under God, (Mr. WOMACK asked and was given Institute, the labor force participation indivisible, with liberty and justice for all. permission to address the House for 1 rate has dropped to its lowest level in f minute.) 30 years. The only reason the unem- Mr. WOMACK. Mr. Speaker, I rise ployment rate fell slightly to 8 percent NATIONAL DEFENSE today to honor a milestone achieve- is because another 522,000 adults quit AUTHORIZATION ACT ment at Kennametal, a company looking for work and are no longer (Mr. WILSON of South Carolina headquartered in Latrobe, Pennsyl- counted. asked and was given permission to ad- vania, with facilities across the coun- Of course, it’s no surprise that the dress the House for 1 minute and to re- try, including one in the Third District liberal national media attempted to vise and extend his remarks.) of Arkansas. spin the numbers. Bloomberg dismissed Mr. WILSON of South Carolina. Mr. The employees at the Rogers facility the lack of new jobs as being a ‘‘round- Speaker, last Wednesday, the House were presented with the Three Million ing error.’’ Time magazine described Armed Services Committee met to Work Hour Award by the Arkansas De- the negative reports as being ‘‘statis- mark up the National Defense Author- partment of Labor, the Arkansas tical noise.’’ The liberal media fed this ization Act for fiscal year 2013. Over Workers’ Compensation Commission, narrative with misleading statements the past year, the administration has and the Arkansas Insurance Depart- like the economy is ‘‘gaining steam,’’ targeted defense spending to shift to ment for, as the name of the award as The New York Times headlined the other programs, which destroys jobs. suggests, going 3 million work hours news, or that the economy was on a Chairman BUCK MCKEON has success- without a lost-time accident. ‘‘hiring surge,’’ as the Associated Press fully developed a bipartisan bill that Kennametal’s Rogers, Arkansas, fa- claimed. will limit shifts. The Department of cility was established in 1953. The facil- The liberal media show its bias when Defense budget accounts for less than ity is home to 500 employees who man- it ignores the President’s failed prom- 20 percent of our discretionary spend- ufacture round tool blanks, energy ises and failed attempts to create jobs. ing and does not contribute to our compacts, substrates, wear parts, Americans are concerned about the growing national debt. The legislation pelletizing dies, hard-facing rod, and lack of jobs and deserve the facts. provides the support our brave service- powdered metal. When will the national media put their members, military families, and vet- Mr. Speaker, 3 million work hours responsibility to the people ahead of erans deserve as they dedicate their without a lost-time accident is a great protecting the President?

VerDate Mar 15 2010 02:55 May 16, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.003 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2667 EMPLOYING AND FEEDING of the House of Representatives that the The Clerk read the title of the bill. AMERICA Committee on Oversight and Government The text of the bill is as follows: Reform has been served with a subpoena, H.R. 1864 (Mr. JOHNSON of Ohio asked and issued by the United States District Court Be it enacted by the Senate and House of Rep- was given permission to address the for the District of Columbia, for documents. resentatives of the United States of America in House for 1 minute and to revise and After consultation with the Office of Gen- Congress assembled, extend his remarks.) eral Counsel, I will make the determinations Mr. JOHNSON of Ohio. Mr. Speaker, required by Rule VIII. SECTION 1. SHORT TITLE. growing up on that two-wheel wagon Sincerely, This Act may be cited as the ‘‘Mobile Workforce State Income Tax Simplification DARRELL ISSA, rut mule farm, I learned firsthand the Act of 2012’’. critical role that America’s farmers Chairman, Committee on Oversight and Government Reform. SEC. 2. LIMITATIONS ON STATE WITHHOLDING and ranchers play in our economy. And AND TAXATION OF EMPLOYEE IN- on the 150th anniversary of the United f COME. States Department of Agriculture, we (a) IN GENERAL.—No part of the wages or COMMUNICATION FROM THE other remuneration earned by an employee are reminded that the average farmer CLERK OF THE HOUSE in the United States feeds more than who performs employment duties in more than one State shall be subject to income 150 people worldwide, creating count- The SPEAKER pro tempore laid be- fore the House the following commu- tax in any State other than— less jobs along the way. (1) the State of the employee’s residence; Just think about where your bowl of nication from the Clerk of the House of and cereal, your toast, and your pancakes Representatives: (2) the State within which the employee is came from this morning. The grain was OFFICE OF THE CLERK, present and performing employment duties planted, raised, harvested and sold, HOUSE OF REPRESENTATIVES, for more than 30 days during the calendar then bought, produced, marketed, and Washington, DC, May 14, 2012. year in which the wages or other remunera- sold to you for your morning meal. Hon. JOHN A. BOEHNER, tion is earned. (b) WAGES OR OTHER REMUNERATION.— Think about all those jobs that origi- The Speaker, U.S. Capitol, House of Representa- tives, Washington, DC. Wages or other remuneration earned in any nated from one planted seed. DEAR MR. SPEAKER: Pursuant to the per- calendar year shall not be subject to State As the world’s second largest pro- mission granted in Clause 2(h) of Rule II of income tax withholding and reporting re- ducer and the largest exporter of agri- the Rules of the U.S. House of Representa- quirements unless the employee is subject to cultural products, a robust agriculture tives, the Clerk received the following mes- income tax in such State under subsection industry is critical to America’s eco- sage from the Secretary of the Senate on (a). Income tax withholding and reporting re- nomic success. Today, I honor and May 14, 2012 at 1:34 p.m.: quirements under subsection (a)(2) shall thank America’s farmers and ranchers That the Senate passed without amend- apply to wages or other remuneration earned who feed the world while putting ment H.R. 4967. as of the commencement date of employ- That the Senate passed S. 418. ment duties in the State during the calendar America to work. And I commend the With best wishes, I am year. USDA on its anniversary for helping Sincerely, (c) OPERATING RULES.—For purposes of de- them do so. KAREN L. HAAS. termining penalties related to an employer’s f State income tax withholding and reporting f requirements— COMMUNICATION FROM THE HON- RECESS (1) an employer may rely on an employee’s ORABLE DARRELL ISSA, MEM- annual determination of the time expected BER OF CONGRESS The SPEAKER pro tempore. Pursu- to be spent by such employee in the States ant to clause 12(a) of rule I, the Chair The SPEAKER pro tempore (Mr. in which the employee will perform duties declares the House in recess until ap- absent— BISHOP of Utah) laid before the House proximately 4 p.m. today. (A) the employer’s actual knowledge of the following communication from the Accordingly (at 2 o’clock and 14 min- fraud by the employee in making the deter- Honorable DARRELL ISSA, Member of utes p.m.), the House stood in recess. mination; or Congress: (B) collusion between the employer and the HOUSE OF REPRESENTATIVES, f employee to evade tax; Washington, DC, May 7, 2012. b 1606 (2) except as provided in paragraph (3), if Hon. JOHN A. BOEHNER, records are maintained by an employer in Speaker, House of Representatives, AFTER RECESS the regular course of business that record Washington, DC. The recess having expired, the House the location of an employee, such records DEAR MR. SPEAKER: This is to notify you shall not preclude an employer’s ability to formally pursuant to Rule VIII of the Rules was called to order by the Speaker pro rely on an employee’s determination under of the House of Representatives that I have tempore (Mr. SMITH of Texas) at 4 paragraph (1); and been served with a subpoena, issued by the o’clock and 6 minutes p.m. (3) notwithstanding paragraph (2), if an United States District Court for the District f employer, at its sole discretion, maintains a of Columbia, for trial testimony. time and attendance system that tracks After consultation with the Office of Gen- ANNOUNCEMENT BY THE SPEAKER where the employee performs duties on a eral Counsel, I will make the determinations PRO TEMPORE daily basis, data from the time and attend- required by Rule VIII. The SPEAKER pro tempore. Pursu- ance system shall be used instead of the em- Sincerely, ployee’s determination under paragraph (1). DARRELL ISSA, ant to clause 8 of rule XX, the Chair (d) DEFINITIONS AND SPECIAL RULES.—For Member of Congress. will postpone further proceedings purposes of this Act: f today on motions to suspend the rules (1) DAY.— on which a recorded vote or the yeas (A) Except as provided in subparagraph (B), COMMUNICATION FROM CHAIR OF and nays are ordered, or on which the an employee is considered present and per- COMMITTEE ON OVERSIGHT AND vote incurs objection under clause 6 of forming employment duties within a State GOVERNMENT REFORM rule XX. for a day if the employee performs more of The SPEAKER pro tempore laid be- Record votes on postponed questions the employee’s employment duties within fore the House the following commu- such State than in any other State during a will be taken later. day. nication from the chair of the Com- f (B) If an employee performs employment mittee on Oversight and Government duties in a resident State and in only one Reform: MOBILE WORKFORCE STATE IN- nonresident State during one day, such em- HOUSE OF REPRESENTATIVES, COM- COME TAX SIMPLIFICATION ACT ployee shall be considered to have performed MITTEE ON OVERSIGHT AND GOV- OF 2012 more of the employee’s employment duties ERNMENT REFORM, Mr. COBLE. Mr. Speaker, I move to in the nonresident State than in the resident Washington, DC, May 10, 2012. suspend the rules and pass the bill State for such day. (C) For purposes of this paragraph, the por- Hon. JOHN A. BOEHNER, (H.R. 1864) to limit the authority of Speaker, House of Representatives, tion of the day during which the employee is The Capitol, Washington, DC. States to tax certain income of em- in transit shall not be considered in deter- DEAR MR. SPEAKER: This is to notify you ployees for employment duties per- mining the location of an employee’s per- formally pursuant to Rule VIII of the Rules formed in other States, as amended. formance of employment duties.

VerDate Mar 15 2010 04:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.005 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2668 CONGRESSIONAL RECORD — HOUSE May 15, 2012 (2) EMPLOYEE.—The term ‘‘employee’’ has On the way back to Washington, sponsor on H.R. 1864 as it is known the same meaning given to it by the State in D.C., this past weekend, I looked now. This term, the 112th Congress, Mr. which the employment duties are performed, around in my local airport and saw COBLE, whom I have been quite pleased except that the term ‘‘employee’’ shall not dozens of business travelers preparing to work with, has been the lead spon- include a professional athlete, professional entertainer, or certain public figures. to board airplanes to leave North Caro- sor. Again, he is a good friend of mine, (3) PROFESSIONAL ATHLETE.—The term lina and conduct business in other and I appreciate the opportunity to ‘‘professional athlete’’ means a person who States. This happens, Mr. Speaker, work with him. performs services in a professional athletic every day in every State in America. H.R. 1864 provides for a uniform and event, provided that the wages or other re- The American workforce is more mo- easily administered law that would en- muneration are paid to such person for per- bile in the 21st century than it has ever sure the correct amount of taxes with- forming services in his or her capacity as a been. held and paid to the States without the professional athlete. Nonetheless, the diversity of State undue burden the current system (4) PROFESSIONAL ENTERTAINER.—The term ‘‘professional entertainer’’ means a person income tax laws places a significant places on employees and employers. who performs services in the professional burden on people who travel for work From a national perspective, the Mo- performing arts for wages or other remu- and their employers, many of which bile Workforce bill will vastly simplify neration on a per-event basis, provided that are small businesses. Currently, 41 the patchwork of inconsistent and con- the wages or other remuneration are paid to States tax the wages earned by a non- fusing State rules. It would also reduce such person for performing services in his or resident for work performed there. I do administrative costs to States and less- her capacity as a professional entertainer. not take issue with the right of those en compliance burdens on American (5) CERTAIN PUBLIC FIGURES.—The term States to impose an income tax, but I ‘‘certain public figures’’ means persons of workers. prominence who perform services for wages am concerned that the disparity of tax Take my home State of Georgia, for or other remuneration on a per-event basis, rules among those States is damaging instance. If an Atlanta-based employee provided that the wages or other remunera- small businesses and stifling economic of a St. Louis company travels to head- tion are paid to such person for services pro- growth. quarters on a business trip once per vided at a discrete event, in the nature of a b 1610 year, that employee is required to file speech, public appearance, or similar event. a Missouri tax return, even if her an- (6) EMPLOYER.—The term ‘‘employer’’ has For example, some States require a nual visit only lasts for 1 day. How- the meaning given such term in section nonresident to pay income tax if he or ever, if that employee travels to Maine, 3401(d) of the Internal Revenue Code of 1986 she works in that State for just one she would not be required to file a (26 U.S.C. 3401(d)), unless such term is de- day. Other states do not collect tax Maine tax return unless her trips lasts fined by the State in which the employee’s until the nonresident works for a cer- employment duties are performed, in which for 10 days. If she travels to Arizona on tain number of days in the particular case the State’s definition shall prevail. business, she would only have to file an jurisdiction. Small businesses must ex- (7) STATE.—The term ‘‘State’’ means any of Arizona income tax return if she was in pend considerable resources to figure the several States. the State for more than 60 days. (8) TIME AND ATTENDANCE SYSTEM.—The out how much they must withhold for term ‘‘time and attendance system’’ means a their traveling employees in 41 dif- In each case, her employer is also lia- system in which— ferent jurisdictions. Employees are ble for withholding those States’ taxes (A) the employee is required on a contem- also confused about when their tax li- out of her paycheck, and the only way poraneous basis to record his work location ability is triggered and in which States she can avoid double taxation is if she for every day worked outside of the State in files for a credit for each State’s tax in which the employee’s employment duties are they must file a tax return. To alleviate this problem, on May 12 her resident State. primarily performed; and H.R. 1864 would fix this problem by (B) the system is designed to allow the em- I introduced H.R. 1864, the Mobile ployer to allocate the employee’s wages for Workforce State Income Tax Sim- establishing a uniform threshold before income tax purposes among all States in plification Act, with the distinguished State income tax laws would apply to which the employee performs employment gentleman from Georgia (Mr. JOHN- traveling employees. This bill would duties for such employer. SON). The bill we introduced establishes protect employees who perform em- (9) WAGES OR OTHER REMUNERATION.—The a clear 30-day threshold for tax liabil- ployment duties in a nonresident State term ‘‘wages or other remuneration’’ may be ity and employer withholding. Under if they work in the State for less than limited by the State in which the employ- 30 days. Until that threshold is ment duties are performed. the bill, States remain free to set any income tax rate they choose. reached, they will continue to pay in SEC. 3. EFFECTIVE DATE; APPLICABILITY. their State of residency. (a) EFFECTIVE DATE.—This Act shall take Tax simplification—on both the Fed- effect on January 1 of the 2d year that begins eral and State level—will allow work- When I initially started working on after the date of the enactment of this Act. ers and employers to predict their tax this bill, the withholding threshold was (b) APPLICABILITY.—This Act shall not liabilities with accuracy and expend 60 days. In response to the concerns by apply to any tax obligation that accrues be- the Federation of Tax Administrators, fore the effective date of this Act. fewer resources researching the nu- ances of each State’s respective tax I sought a compromise and lowered the The SPEAKER pro tempore. Pursu- law. The money they would have spent threshold to 30 days. I understand that ant to the rule, the gentleman from hiring accountants and tax lawyers can the FTA may still have some concerns North Carolina (Mr. COBLE) and the then be spent on creating meaningful about the bill, but I believe that it is a gentleman from Georgia (Mr. JOHNSON) jobs and growing the economy. good bill that addresses the bulk of each will control 20 minutes. I urge all Members to cast a ‘‘yes’’ their concerns. The FTA’s concerns The Chair recognizes the gentleman have certainly not been ignored. from North Carolina. vote on this bill, and I reserve the bal- ance of my time. In addition to lowering the day GENERAL LEAVE threshold, we also worked to clarify Mr. COBLE. Mr. Speaker, I ask unan- Mr. JOHNSON of Georgia. Mr. Speak- that the bill’s operating rules were not imous consent that all Members may er, I yield myself such time as I may drafted to avoid paying withholding have 5 legislative days within which to consume. tax, and clarified if an employer has a revise and extend their remarks and in- I rise today in strong support of H.R. time and attendance system designed clude extraneous materials on H.R. 1864, the Mobile Workforce State In- to allocate wages among States, it 1864, as amended, currently under con- come Tax Simplification Act. This is must be used. sideration. an important bipartisan bill that will The SPEAKER pro tempore. Is there help all workers across the country. It At a time when more and more objection to the request of the gen- will also help businesses, large and Americans find themselves traveling tleman from North Carolina? small. for their job, this bill is a common- There was no objection. I have been working on this bill since sense solution that helps workers who Mr. COBLE. I yield myself such time I was a freshman in the 110th Congress, are employed in multiple States by as I may consume. at which time Chris Cannon from Utah, simplifying the tax reporting require- Mr. Speaker, I rise in support of H.R. a former Member, was the lead sponsor. ments for them and for their employ- 1864. In the 111th Congress, I was the lead ers.

VerDate Mar 15 2010 02:55 May 16, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.002 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2669 Madam Speaker, for the vast major- Ms. JACKSON LEE of Texas. Madam tax withholding and reporting requirements, ity of States, this bill carries a mini- Speaker, I rise in strong support of H.R. 1864, unless more than 30 days of work was per- mal or no revenue impact. In fact, this The Mobile Workforce State Income Tax Sim- formed. bill will greatly increase compliance plification Act of 2011. This is a common- Under the measure, an individual is consid- rates. This bill will end up saving sense, bipartisan piece of legislation. ered to be present and performing employ- States the administrative costs of Every day millions of American workers ment duties within a state for a day if that indi- processing and remitting thousands of travel outside their home state for business vidual performs more of his or her work within small returns from nonresidents. purposes. Each state into which they travel that state than in any other state during the While nothing is perfect, and the has its own set of unique requirements for fil- day. If an individual works during one day both Federation of Tax Administrators may ing a non-resident personal income tax return. in his or her resident state and in just one still have some concerns, this bill is As a result, in addition to filing a federal and non-resident state, the individual would be truly the product of years of working any applicable home state income tax returns, considered to have performed more of his or with the States on an approach that these workers may be legally required to file her employment duties in the non-resident balances their concerns with adminis- an income tax return and pay non-resident state. Portions of the day during which an indi- trative ease and efficiency for employ- state taxes in virtually every other state into vidual is in transit would not be considered in ers and employees. This is truly a bi- which they have travelled. determining the location of where work was partisan effort that seeks to simplify H.R. 1864, the ‘‘Mobile Workforce State In- performed. State tax compliance, not reduce State come Tax Simplification Act of 2011,’’ would The bill provides that for purposes of deter- taxes. simplify the onerous burdens placed on em- mining state income tax withholding and re- I yield back the balance of my time. ployees who travel outside their resident porting requirements, an employer could rely Mr. COBLE. Madam Speaker, I urge states for temporary periods and on employers on an employee’s determination of the time my colleagues to cast a ‘‘yes’’ vote on who have corresponding withholding require- expected to be spent working for the employer this matter, and I yield back the bal- ments. The bill would establish fair, admin- in other non-resident states (absent the em- ance of my time. istrable and uniform rules to ensure that the ployer’s actual knowledge of fraud by the em- Mr. SMITH of Texas. Madam Speaker, the appropriate amount of tax is paid to state and ployee in making the determination, or collu- American workforce is increasingly mobile. local jurisdictions without placing excessive Fifty years ago, most people worked in the sion between the employer and the employee burdens on employees and their employers. communities in which they lived. Today, many to evade tax). This bill was reported out of the Judiciary more Americans travel to other states for Employers could rely on an employee’s de- Committee, by a bipartisan voice vote, which work. termination even if the employer regularly The complexity and variation among state speaks volumes. I hope you will join me in maintains records of the location of employ- income tax laws is a burden on interstate supporting this important legislation impacting ees, but if the employer maintains a time and commerce. In some states, for example, a millions of American employees who travel for attendance system that tracks where an em- non-resident employee must pay income tax if work to support their families. ployee works on a daily basis the data from Forty-one states currently impose a per- they work there for only one day. But in other the time and attendance system must be used states, income tax liability is not triggered until sonal income tax on income earned within instead of the employee’s determination. the 60th day. their borders regardless of whether an indi- The bill stipulates that the term ‘‘employee’’ Under this current patchwork system, em- vidual is a resident of the state—thereby re- has the same meaning given to it by the state ployees who travel out of state for work must quiring non-resident employees who must in which employment duties are performed— file tax returns in other jurisdictions even if travel to other states for work purposes to pay except the term would not include professional their ultimate tax liability to a state is a few tax after performing work there for even a lim- athletes, professional entertainers or certain dollars. ited amount of time. Employers are required to public figures. States could, therefore, con- In addition to burdening our interstate em- withhold that state’s income tax on behalf of tinue to tax those non-residents as they do ployees, different state income tax laws re- the employee and remit it to the state at the now. quire employers to comply with a wide variety end of the year. I urge my colleagues to join me in sup- of tax withholding laws. Many of those em- The committee notes that while some states porting this bill. ployers are small businesses who can least require an employer to withhold income tax on The SPEAKER pro tempore (Ms. afford these administrative costs. the first day of the employee’s travel, others FOXX). The question is on the motion This bipartisan bill, the Mobile Workforce use a hybrid system of time spent and dollars offered by the gentleman from North State Income Tax Simplification Act, is spon- earned to trigger withholding, requiring individ- Carolina (Mr. COBLE) that the House sored by the Chairman of the Judiciary Com- uals who travel for work to track and comply suspend the rules and pass the bill, mittee’s Subcommittee on Courts, Commercial with the income tax laws of up to 41 different H.R. 1864, as amended. and Administrative Law, HOWARD COBLE. I states. For instance, a nonresident’s income The question was taken; and (two- also appreciate Congressman HANK JOHN- tax liability is triggered in New York the mo- thirds being in the affirmative) the SON’s cosponsorship of this legislation. ment he or she earns wages in the state, but rules were suspended and the bill, as This bill simplifies state income tax policies the employer’s withholding requirement is not amended, was passed. without infringing on the rights of states to set triggered until the 14th day of wage-earning. A motion to reconsider was laid on their own tax rates. The bill provides that a In Idaho, meanwhile, a non-resident’s income the table. state may not impose its income tax on non- tax liability is not triggered until after he or she f resident employees unless they earn wages in makes $1,000 in wages in the state. BORDER TUNNEL PREVENTION the state for more than 30 days. The em- I note that some committee Democrats op- ACT OF 2012 ployee would still owe an income tax to their pose the bill because they fear it will lead to state of residence for wages earned during the severe state revenue losses but believe that Mr. SMITH of Texas. Madam Speak- first 30 days they work in a non-resident state. this is a solid bi-partisan piece of legislation. er, I move to suspend the rules and This bill eases the burden that the current This bill limits the authority of states to tax pass the bill (H.R. 4119) to reduce the patchwork of state income tax laws places on the income of nonresident employees who trafficking of drugs and to prevent traveling employees and small businesses. So work for a limited amount of time in the state, human smuggling across the South- rather than increasing the expense of navi- allowing such individuals to be taxed only if west Border by deterring the construc- gating the maze of tax rules, businesses can they work in the state for 31 days or more. tion and use of border tunnels, as use their resources to invest in creating jobs Those limits would become effective on Jan- amended. for American workers. uary 1 of the second year that begins after the The Clerk read the title of the bill. Finally, the bill we consider today reflects a bill’s date of enactment, and it would not apply The text of the bill is as follows: few changes that were made at the request of to any tax obligation that accrues before that H.R. 4119 state taxing authorities. I am pleased that the time. Be it enacted by the Senate and House of Rep- sponsors of the legislation were able to work The bill prohibits states from taxing the resentatives of the United States of America in cooperatively with all interested parties to wages or other earnings of non-residents un- Congress assembled, bring a compromise version to the floor. less they work in the state for 31 days or more SECTION 1. SHORT TITLE. I encourage my colleagues to vote ‘‘yes’’ on during the calendar year. Similarly, states This Act may be cited as the ‘‘Border Tun- the bill. could not subject such income to state income nel Prevention Act of 2012’’.

VerDate Mar 15 2010 04:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.012 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2670 CONGRESSIONAL RECORD — HOUSE May 15, 2012 SEC. 2. FINDINGS. mental landowners and tenants in areas enters the United States through a Congress finds the following: along the border between Mexico and the cross-border tunnel. (1) Trafficking and smuggling organiza- United States with a high rate of cross-bor- Reports of drug-smuggling tunnels tions are intensifying their efforts to enter der tunnels. have increased, particularly in the past the United States through tunnels and other SEC. 8. REPORT. subterranean passages between Mexico and 10 years. Drug traffickers have ramped (a) IN GENERAL.—The Secretary of Home- up their use of underground smuggling the United States. land Security shall submit an annual report (2) Border tunnels are most often used to to the congressional committees set forth in in light of increased border security, transport narcotics from Mexico to the subsection (b) that includes a description either real or perceived. Mexican drug- United States, but can also be used to trans- of— trafficking organizations have used port people and other contraband. (1) the cross-border tunnels along the bor- tunnels as a smuggling method since at (3) From Fiscal Year 1990 to Fiscal Year der between Mexico and the United States least 1990. 2011, law enforcement authorities discovered discovered during the preceding fiscal year; A majority of cross-border tunnels 149 cross-border tunnels along the border be- and tween Mexico and the United States, 139 of continue to be found in California and (2) the needs of the Department of Home- Arizona. These tunnels range in sophis- which have been discovered since Fiscal Year land Security to effectively prevent, inves- 2001. There has been a dramatic increase in tigate and prosecute border tunnel construc- tication from a simple 16-inch pipe to the number of cross-border tunnels discov- tion along the border between Mexico and well-engineered tunnels equipped with ered in Arizona and California since Fiscal the United States. electricity, ventilation, and rails. Own- Year 2006, with 40 tunnels discovered in Cali- (b) CONGRESSIONAL COMMITTEES.—The con- ership of the tunnels is often attrib- fornia and 74 tunnels discovered in Arizona. gressional committees set forth in this sub- uted to the Mexican drug cartels. (4) Section 551 of the Department of Home- section are— To find cross-border tunnels, U.S. land Security Appropriations Act, 2007 (Pub- (1) the Committee on Homeland Security agents use devices that range from lic Law 109–295) added a new section to title and Governmental Affairs of the Senate; 18, United States Code (18 U.S.C. 555), ground-penetrating radar to seismic (2) the Committee on the Judiciary of the sensors. Despite these efforts, drug which— Senate; (A) criminalizes the construction or fi- (3) the Committee on Appropriations of the smugglers continue to build the tun- nancing of an unauthorized tunnel or sub- Senate; nels. terranean passage across an international (4) the Committee on Homeland Security In November 2011, Federal law en- border into the United States; and of the House of Representatives; forcement agents shut down two so- (B) prohibits any person from recklessly (5) the Committee on the Judiciary of the phisticated tunnels that led from an permitting others to construct or use an un- House of Representatives; and area near Tijuana’s airport to an indus- authorized tunnel or subterranean passage (6) the Committee on Appropriations of the trial park in the U.S. About 49 tons of on the person’s land. House of Representatives. (5) Any person convicted of using a tunnel marijuana were seized. or subterranean passage to smuggle aliens, The SPEAKER pro tempore. Pursu- Drug traffickers are also skilled at weapons, drugs, terrorists, or illegal goods is ant to the rule, the gentleman from setting up front companies to rent subject to an enhanced sentence for the un- Texas (Mr. SMITH) and the gentleman space in busy warehouse districts in derlying offense. Additional sentence en- from Puerto Rico (Mr. PIERLUISI) each the United States. Mining engineers hancements would further deter tunnel ac- will control 20 minutes. and architects are employed to con- tivities and increase prosecutorial options. The Chair recognizes the gentleman struct the tunnel and bore directly into SEC. 3. ATTEMPT OR CONSPIRACY TO USE, CON- from Texas. STRUCT, OR FINANCE A BORDER the foundation of the front company’s TUNNEL. GENERAL LEAVE rented warehouse. Section 555 of title 18, United States Code, Mr. SMITH of Texas. Madam Speak- The Drug Enforcement Administra- is amended by adding at the end the fol- er, I ask unanimous consent that all tion describes marijuana as ‘‘the top lowing: Members may have 5 legislative days revenue generator for Mexican drug ‘‘(d) Any person who attempts or conspires to commit any offense under subsection (a) within which to revise and extend their trafficking organizations—a cash crop or subsection (c) of this section shall be sub- remarks and include extraneous mate- that finances corruption and the car- ject to the same penalties as those pre- rial on H.R. 4119, as amended, currently nage of violence year after year.’’ The scribed for the offense, the commission of under consideration. profits from marijuana trafficking fi- which was the object of the attempt or con- The SPEAKER pro tempore. Is there nance the drug cartels’ other drug en- spiracy.’’. objection to the request of the gen- terprises, which include the construc- SEC. 4. AUTHORIZATION FOR INTERCEPTION OF tleman from Texas? tion and use of cross-border tunnels. WIRE, ORAL, OR ELECTRONIC COM- MUNICATIONS. There was no objection. Border tunnels are an unfortunate Section 2516(1)(c) of title 18, United States Mr. SMITH of Texas. Madam Speak- testament to the ingenuity and deter- Code, is amended by inserting ‘‘, section 555 er, I yield myself such time as I may mination of the Mexican drug cartels. (relating to construction or use of inter- consume. It is time for Congress to enhance law national border tunnels)’’ before the semi- Madam Speaker, H.R. 4119, the Bor- enforcement’s ability to fight colon at the end. der Tunnel Prevention Act of 2012, transnational organized crime and the SEC. 5. FORFEITURE. drug cartels’ construction of cross-bor- Section 982(a)(2)(B) of title 18, United strengthens current law and prohibits States Code, is amended by inserting ‘‘555,’’ the construction, use, and financing of der tunnels. This bill reaffirms our de- after ‘‘545,’’. unauthorized tunnels across the U.S. termination to bring an end to cross- SEC. 6. MONEY LAUNDERING DESIGNATION. border. border tunnels. Section 1956(c)(7)(D) of title 18, United I thank the sponsors of this legisla- When Congress enacted the border- States Code, is amended by inserting ‘‘sec- tion, Mr. REYES of Texas and Mr. tunnel statute in 2007, it omitted the tion 555 (relating to border tunnels),’’ after QUAYLE of Arizona, for their work on changes contained in this bill. H.R. 4119 ‘‘section 554 (relating to smuggling goods this bipartisan, bicameral bill. simply corrects this to ensure that in- from the United States),’’. vestigators are equipped with the abil- SEC. 7. SENSE OF CONGRESS. b 1620 ity to locate and shut down these tun- It is the sense of Congress that— Similar legislation passed the Senate (1) success in combating the construction nels and hold these dangerous crimi- and use of cross-border tunnels requires co- by unanimous consent in January. nals accountable. operation between Federal, State, local, and This legislation establishes the pen- I urge my colleagues to support this tribal officials and assistance from private alty for conspiracy or attempt to use, bipartisan legislation, and I reserve the land owners and tenants across the border construct, or finance a cross-border balance of my time. between Mexico and the United States; tunnel. It also identifies the construc- Mr. PIERLUISI. Madam Speaker, I (2) the Department of Homeland Security tion, financing, or use of a cross-border yield myself such time as I may con- is currently engaging in outreach efforts in tunnel as a predicate offense for a sume California to certain landowners and tenants charge of money laundering and for an I rise in support of H.R. 4119, the Bor- along the border to educate them about cross-border tunnels and seek their assist- application for judicial authorization der Tunnel Prevention Act of 2012. This ance in combating their construction; and to intercept wire, oral, or electronic bill would strengthen the laws that (3) the Department should continue its communications. H.R. 4119 also allows criminalize the use, construction, and outreach efforts to both private and govern- the criminal forfeiture of property that financing of border tunnels.

VerDate Mar 15 2010 04:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.001 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2671 Increasingly, cross-border tunnels stand is on his way here and we antici- b 1630 are being used to smuggle people, pate that he will be speaking on this, I’ve got a picture to show, and I know drugs, and contraband into the United Congressman Chairman DREIER, and that the chairman was mentioning the States. They can even be used to smug- Congressman THOMPSON. I would, in complexity of the construction. One gle terrorists or weapons of mass de- particular, like to thank my good such tunnel is the one that was discov- struction into the country. Cross-bor- friend and colleague from Texas, Chair- ered in November of 2011. It was over der tunnels present a serious problem man SMITH, for his support in bringing 600 yards long, and you can see, it’s got this legislation to the floor. I also for law enforcement, and I support this a rail system built in. It’s got sophisti- would like to thank Senator FEINSTEIN bill’s efforts to stop the growing use of cated lighting, and even a system to in- and Senator KYL for their work on a bi- these tunnels. troduce fresh air into the tunnel. partisan, bicameral piece of legislation This legislation is urgently needed No longer are these crude, handmade on the Senate side, which is S. 1236, the because the number of tunnels has sub- tunnels. These are sophisticated, well- companion to the Border Tunnel Pre- stantially increased in recent years. engineered, and well-financed projects. Whereas the first documented tunnel vention Act of 2012. The Border Tunnel Prevention Act of So that is why it is imperative that was discovered in 1990, the Department this legislation be passed. We must of Homeland Security reported last 2012 strengthens the 2006 Border Tunnel Prevention Act, which made it a crime give law enforcement officials the tools year that 154 attempted tunnels have that they need to combat this growing been found since 1990, all but one of to construct or finance an unauthor- ized tunnel or subterranean passage threat to our national security and which were located along the South- stop the flow of illicit drugs and other west border. In addition, the sophis- across an international border. This bill seeks to provide law en- contraband into the United States. tication of some of these tunnels is forcement officials with enhanced in- Accordingly, I am proud to be the au- also increasing in recent years. Cross- vestigative tools and additional op- thor of this, along with Congressman border tunnels range from small, hand- tions for prosecuting crimes related to QUAYLE, and I urge all my colleagues in dug tunnels barely wide enough for a the construction and financing of Congress to pass this vital piece of bi- person to crawl through to profes- cross-border tunnels. partisan legislation so that we can sionally engineered tunnels built by The Border Tunnel Prevention Act of move forward with helping to defeat Mexican drug cartels. 2012 would criminalize the attempt or the drug cartels and the transnational In November 2010, an Immigration conspiracy to use, construct, or finance criminal organizations and, further, and Customs Enforcement task force a cross-border tunnel and also permits continue the path towards really secur- discovered a tunnel with two separate the forfeiture of bulk cash and mer- ing our borders and protecting our entrances in warehouses in Otay Mesa, chandise smuggled into the United communities. California. One of the tunnel’s walls States through these illicit passage- So with that, let me end by thank- were fortified with wood and cinder ways. ing, again, Chairman SMITH and my block supports, and the tunnel was Thanks to the collaborative efforts of good friend and colleague from Puerto equipped with rail, electrical, and ven- the Obama administration, Congress, Rico and urging my colleagues to sup- tilation systems. The tunnel was being Federal, State, local, and tribal law en- port this critical and vital piece of leg- used to import large amounts of mari- forcement organizations, as well as or- islation. juana into the U.S. dinary Americans, the Southwest bor- Mr. PIERLUISI. Madam Speaker, I Current law already criminalizes the der is more secure than at any point in am prepared to close. We have no fur- construction of a cross-border tunnel, our Nation’s history. Over the past sev- ther speakers, so I urge my colleagues allowing such a tunnel to be con- eral years, the Federal Government has to vote in favor of H.R. 4119, the Border structed on your property, or the use of dedicated unprecedented levels of per- Tunnel Protection Act of 2012. such a tunnel. H.R. 4119 would sonnel, technology, and resources to- I yield back the balance of my time. strengthen existing law by making it a wards border security. As a result, ap- Mr. SMITH of Texas. Madam Speak- crime to attempt to engage in any of prehensions today are down, and sei- er, I yield myself such time as I may these activities, as well as to partici- zures of drugs, guns, and cash are up. consume. pate in any conspiracy involving any of Border cities are among the safest in Madam Speaker, I just wanted to these activities. the country, including El Paso, which say, we were hoping that the other au- The bill also makes the construction for the second year is the safest city in thor, the other cosponsor of this bill, or use of a tunnel a predicate offense America with a population of over half the gentleman from Arizona (Mr. for authorization of wiretaps, provides a million people. QUAYLE), would be here. Unfortunately, for criminal asset forfeiture of mer- While the strengthening of security he was detained. His flight was delayed chandise involved in tunneling, and in- along the Southwest border has pro- from Arizona to Washington, D.C. cludes a money-laundering provision. duced impressive results, it has also led But in his absence, I just want to Border tunnels present a real and seri- those who want to harm our country to thank him for his work on this bill and ous threat as a burgeoning tool for seek new ways to undermine our ef- for all of his efforts to reduce the criminal activities. forts. Enhancing the security of our amount of cross-border drug smuggling I urge my colleagues to join me in borders on land, air, and sea has lit- and thereby protect the lives of indi- supporting this measure which will erally pushed drug cartels and viduals in Arizona and all Americans. help enhance the safety of our Nation’s transnational criminal organizations He has done great work on this par- borders. underground as they try to smuggle il- ticular piece of legislation. We all ap- Madam Speaker, I reserve the bal- licit drugs and people and other types preciate those efforts. ance of my time. of contraband, as my good friend and I yield back the balance of my time. Mr. SMITH of Texas. Madam Speak- colleague from Puerto Rico mentioned, Mr. SMITH of Texas. Madam Speaker, I er, I reserve the balance of my time, to include the potential for terrorists submit the following exchange of letters re- and we are prepared to close. and weapons of mass destruction being garding H.R. 4119. Mr. PIERLUISI. Madam Speaker, I smuggled into the United States. MAY 15, 2012. yield to the gentleman from Texas (Mr. Over the last decade, drug cartels and HON. LAMAR SMITH, REYES) as much time as he may con- transnational criminal organizations Chairman, Committee on the Judiciary, Ray- sume to address the merits of this bill, have been increasing both the use and burn House Office Building, Washington, which he co-sponsored. complexity of cross-border tunnels. As DC. Mr. REYES. Madam Speaker, I rise was said earlier, approximately 154 DEAR CHAIRMAN SMITH, today to ask my colleagues for their tunnels have been discovered between On March 21, 2012, the Committee on the Judiciary reported H.R. 4119, the Border Tun- support of H.R. 4119, the Border Tunnel Mexico and the United States since the nel Prevention Act of 2012, as amended, fa- Prevention Act of 2012. 1990s, and more than 90 percent of those vorably to the House. The Committee on I also would like to express my ap- tunnels have been detected in this past Ways and Means received an additional re- preciation and thank my cosponsors, decade. These cross-border tunnels are ferral on the bill as a result of section 5(b) Congressman QUAYLE, who I under- becoming more and more complex. dealing with civil asset forfeiture, which

VerDate Mar 15 2010 02:55 May 16, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.015 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2672 CONGRESSIONAL RECORD — HOUSE May 15, 2012 falls within the jurisdiction of the Com- I understand the importance of advancing where a prosecutor was unable to prosecute mittee on Ways and Means. As a result of this legislation to the House floor in an expe- someone for attempting to construct a tunnel your Committee’s agreement to remove sec- ditious manner. Therefore, the Committee under the current border tunnel law but would tion 5(b) of the bill, I agree to discharge the on Homeland Security will discharge H.R. Committee on Ways and Means from further 4119 from further consideration. This action be able to under H.R. 4119? For U.S. pros- consideration of the bill so that a suspension is conditional on our mutual understanding ecutorial jurisdiction, the tunnel would have to version, incorporating the amendments to and agreement that doing so will in no way be started on the U.S. side and not yet have which we have agreed, may proceed expedi- diminish or alter the jurisdiction of the crossed the border into Mexico to be an at- tiously to the House Floor. Committee on Homeland Security over the tempted border tunnel, because if it has al- The Committee on Ways and Means takes subject matter included in this or similar ready crossed the border, it IS a border tun- this action with our mutual understanding legislation. I request that you urge the that, by foregoing consideration of H.R. 4119 nel, so you don’t need an attempt law. But Speaker to appoint members of this Com- even before such an attempt is started, and at this time, we do not waive any jurisdic- mittee to any conference committee for con- tion over the subject matter contained in sideration of any provisions that fall within certainly after it is started, it is already a con- section 5(b) in this or similar legislation, and the jurisdiction of the Committee on Home- spiracy to build a border tunnel, which is al- that our Committee will be appropriately land Security in the House-Senate con- ready covered by current law. consulted and involved if that provision ference on this or similar legislation. We have had no hearings in the House on moves forward in any legislation so that we I also request that this response and your these issues, so it is not clear what informa- may address any issues that arise and fall letter be included in the Committee on the within our Rule X jurisdiction. Our Com- tion we are operating on in developing this bill. Judiciary report to H.R. 4119 and in the Con- mittee also reserves the right to seek ap- The Department of Homeland Security reports gressional Record during consideration of pointment of an appropriate number of con- that 154 border tunnels or attempted border this measure on the House floor. Thank you ferees to any House-Senate conference in- tunnels have been found since 1990. Laura volving this provision, and requests your for your consideration of this matter. Sincerely, Duffy, U.S. Attorney for the Southern District support for any such request. of California, stated in testimony before the Finally, I would appreciate your response PETER T. KING, to this letter confirming this understanding, Chairman. Senate Caucus on International Narcotics and would ask that a copy of our exchange of Control on June 15, 2011, that all of the tun- letters on this matter be included in the MARCH 15, 2012. nels discovered thus far were started in Mex- Congressional Record during floor consider- Hon. PETER T. KING, ico. So if it takes crossing the border to be a ation thereof. Chairman, Committee on Homeland Security, border tunnel, and all of them are started in Sincerely, Ford House Office Building, Washington, DC. Mexico, the ‘‘attempt’’ provision of H.R. 4119 DAVE CAMP, does not seem like a very useful tool in ad- Chairman. DEAR CHAIRMAN KING, thank you for your letter regarding H.R. 4119, the ‘‘Border Tun- dressing border tunnels. Conspiracy laws, CONGRESS OF THE nel Prevention Act of 2012,’’ which is likely which already exist, would seem to be of bet- UNITED STATES to be scheduled for consideration by the ter use. And if existing conspiracy charges are Washington, DC, May 15, 2012. House in the near future. not enough of a prosecutorial incentive, it I am most appreciative of your decision to Hon. DAVE CAMP, would seem you would want to wait until the forego consideration of H.R. 4119 so that it Chairman, Committee on Ways and Means, 1102 tunnel is actually being used so you can really Longworth House Office Building Wash- may move expeditiously to the House floor. I acknowledge that although you are waiving rack up the penalties for drugs, goods or peo- ington, DC. ple smuggling which allows a doubling of pen- DEAR CHAIRMAN CAMP, thank you for your formal consideration of the bill, the Com- letter regarding H.R. 4119, the ‘‘Border Tun- mittee on Homeland Security is in no way alties. nel Prevention Act of 2012,’’ which the Judi- waiving its jurisdiction over the subject Duffy also stated in her testimony that in ciary Committee reported favorably, as matter contained in the bill. In addition, if a prosecuting tunnel-related crimes, the Depart- amended, to the House on March 21, 2012. conference is necessary on this legislation, I ment of Justice uses the range of drug As introduced, H.R. 4119 contained a provi- will support any request that Homeland Se- charges under Title 21 because the drug sion (section 5(b)) that formed the basis of an curity be represented therein. Finally, I shall be pleased to include this charges carry ‘‘stiff mandatory minimum sen- additional referral of the bill to your com- tences and sometimes enable prosecutors to mittee. Today, on a motion to suspend the letter and your letter of March 14, 2012, in rules, the House will consider a version of the Congressional Record during floor con- use ‘career offender’ sentencing enhance- H.R. 4119 that does not include section 5(b) of sideration of H.R. 4119. ments.’’ When you start doubling such drug the introduced bill. I am most appreciative Sincerely, penalties under the provisions of the current of your decision to discharge the Committee LAMAR SMITH, border tunnel law, you can easily get into sen- on Ways and Means from further consider- Chairman. tences of many decades. ation of H.R. 4119, as amended, so that it Mr. SCOTT of Virginia. Madam Speaker, the In addition to adding attempt and increasing may proceed to the House floor. I acknowl- possibility of terrorists or weapons of mass de- the penalty for conspiracy, H.R. 4119 adds edge that although you are waiving formal provisions for wire tap, forfeiture, and money consideration of the bill, the Committee on struction being transported through border tun- Ways and Means is in no way waiving its ju- nels is frightening. The possibility of narcotics laundering, which should always be done risdiction over the subject matter contained or trafficking victims being transported through carefully, in my view. These are extraordinary in those provisions of the bill, including sec- tunnels is disturbing. And I have real concerns government powers that were created and au- tion 5(b) of the bill as reported by the Judici- about tunnels being used for run-of-the-mill il- thorized to be used in extraordinary cases and ary Committee, which fall within your Rule legal immigration and to smuggle goods or circumstances, not to address ordinary crime. X jurisdiction. In addition, if a conference is merchandise. We have come to routinely add these authori- necessary on this legislation, I will support But these things are already illegal. And the ties to deal with the crime du jour, further clut- any request that your committee be rep- resented therein. penalty for doing any of these things through tering up an already bloated federal code with Finally, I shall be pleased to include this a tunnel is already double what it would be if multiple, superfluous ways to charge every letter and your letter of even date herewith the unlawful activity had not made use of a crime. There are no U.S. restrictions on the in the Congressional Record during floor tunnel. use of wiretaps outside the U.S. Since the tun- consideration of H.R. 4119. When this bill, H.R. 4119, was in the Judici- nels are seemingly always started in Mexico, Sincerely, ary Committee, I commented on what I saw as it is not clear what wiretap authorizations add LAMAR SMITH, the redundancies in the bill. We already have to the investigative process. Chairman laws against constructing or financing a tunnel We should not be decorating the criminal MARCH 14, 2012. between the United States and another coun- code with more and more pages. We ought to Hon. LAMAR SMITH, try. The penalty for violating the law is a fine be simplifying the code. While I do think bor- Chairman, Committee on the Judiciary, Ray- and up to 20 years in prison. And we have der tunnels are a serious problem, I believe burn House Office Building, Washington, laws against knowing, or recklessly dis- we already have adequate laws with very DC. regarding, that land you own or lease is being harsh penalties to deal with the problem. DEAR CHAIRMAN SMITH: I am writing in re- used by someone else who is building a tun- Mr. DREIER. Madam Speaker, illegal border gards to the jurisdictional interest of the tunnels pose a risk to our national security Committee on Homeland Security over pro- nel, The penalty for that is a fine and up to 10 visions in H.R. 4119, the ‘‘Border Tunnel Pre- years in prison. and undermine our efforts to protect the bor- vention Act of 2012’’, which the Committee H.R. adds attempts to the crimes already der. The threat lies not only in the illegal traf- on the Judiciary ordered to be reported out, available to address border tunnels. Yet, I ficking of drugs and humans, but also in the without amendment, on March 6, 2012. wonder how many cases there have been potential exploitation by terrorists. That is why

VerDate Mar 15 2010 02:55 May 16, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 9920 E:\CR\FM\A15MY7.024 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2673 I rise in support of H.R. 4119, the Border Tun- (1) COORDINATOR.—The term ‘‘Coordinator’’ killed in the line of duty should be provided nel Prevention Act of 2012. In 2006, I au- means the Blue Alert Coordinator of the De- to the National Crime Information Center thored the House version of the original Bor- partment of Justice designated under section database operated by the Federal Bureau of 4(a). der Tunnel Prevention Act, which criminalized Investigation under section 534 of title 28, (2) BLUE ALERT.—The term ‘‘Blue Alert’’ United States Code, and any relevant crime the construction of illegal border tunnels into means information relating to the serious in- information repository of the State involved; the United States with fines and imprisonment jury or death of a law enforcement officer in (ii) that a Blue Alert should, to the max- of up to 20 years. The law also carries a pris- the line of duty sent through the network. imum extent practicable (as determined by on sentence of up to 10 years for those who (3) BLUE ALERT PLAN.—The term ‘‘Blue the Coordinator in consultation with law en- recklessly allow others to build these tunnels Alert plan’’ means the plan of a State, unit forcement agencies of States and units of on their land. In addition, the law doubled the of local government, or Federal agency par- local governments), be limited to the geo- sentence for using a tunnel to smuggle aliens, ticipating in the network for the dissemina- graphic areas most likely to facilitate the tion of information received as a Blue Alert. weapons, drugs, terrorists or illegal goods. apprehension of the suspect involved or (4) LAW ENFORCEMENT OFFICER.—The term which the suspect could reasonably reach, While the Border Tunnel Prevention Act of ‘‘law enforcement officer’’ shall have the 2006 gave law enforcement agencies powerful which should not be limited to State lines; same meaning as in section 1204 of the Omni- (iii) for law enforcement agencies of States tools to combat the construction of illegal bor- bus Crime Control and Safe Streets Act of or units of local government to develop plans der tunnels, they are still being used by crimi- 1968 (42 U.S.C. 3796b(6)). to communicate information to neighboring nals to smuggle drugs and other materials into (5) NETWORK.—The term ‘‘network’’ means States to provide for seamless communica- our country. For example, last fall, in my home the Blue Alert communications network es- tion of a Blue Alert; and state of California, I was troubled to learn that tablished by the Attorney General under sec- (iv) providing that a Blue Alert should be an elaborate tunnel was discovered in San tion 3. suspended when the suspect involved is ap- (6) STATE.—The term ‘‘State’’ means each Diego that linked to a warehouse in Tijuana. prehended or when the law enforcement of the 50 States, the District of Columbia, agency involved determines that the Blue The tunnel contained wooden flooring, a rail the Commonwealth of Puerto Rico, the system and an elevator. Its discovery led to Alert is no longer effective; and United States Virgin Islands, Guam, Amer- (F) guidelines for— the seizure of more than 32 tons of marijuana. ican Samoa, and the Commonwealth of the (i) the issuance of Blue Alerts through the Unfortunately, this is just one example of the Northern Mariana Islands. network; and more than 40 tunnels that have been discov- SEC. 3. BLUE ALERT COMMUNICATIONS NET- (ii) the extent of the dissemination of ered in California in the last five years. H.R. WORK. alerts issued through the network; 4119 will give law enforcement additional abil- The Attorney General shall establish a na- (3) develop protocols for efforts to appre- ity to investigate and prosecute criminals using tional Blue Alert communications network hend suspects that address activities during within the Department of Justice to issue these tunnels. The bill also prohibits attempts the period beginning at the time of the ini- Blue Alerts through the initiation, facilita- tial notification of a law enforcement agency to use, construct or finance a cross–border tion, and promotion of Blue Alert plans, in tunnel. Finally, it provides for the forfeiture of that a suspect has not been apprehended and coordination with States, units of local gov- ending at the time of apprehension of a sus- cash and merchandise that is illegally brought ernment, law enforcement agencies, and pect or when the law enforcement agency in- into our country through a tunnel. other appropriate entities. volved determines that the Blue Alert is no Madam Speaker, H.R. 4119 is a common SEC. 4. BLUE ALERT COORDINATOR; GUIDE- longer effective, including protocols regu- sense solution that helps combat those who LINES. lating— attempt to illegally bring goods into our coun- (a) COORDINATION WITHIN DEPARTMENT OF (A) the use of public safety communica- try. I urge all my colleagues to support this im- JUSTICE.—The Attorney General shall assign tions; portant legislation. an existing officer of the Department of Jus- (B) command center operations; and The SPEAKER pro tempore. The tice to act as the national coordinator of the (C) incident review, evaluation, debriefing, Blue Alert communications network. question is on the motion offered by and public information procedures; (b) DUTIES OF THE COORDINATOR.—The Co- (4) work with States to ensure appropriate the gentleman from Texas (Mr. SMITH) ordinator shall— that the House suspend the rules and regional coordination of various elements of (1) provide assistance to States and units the network; pass the bill, H.R. 4119, as amended. of local government that are using Blue (5) establish an advisory group to assist The question was taken. Alert plans; States, units of local government, law en- The SPEAKER pro tempore. In the (2) establish voluntary guidelines for forcement agencies, and other entities in- opinion of the Chair, two-thirds being States and units of local government to use volved in the network with initiating, facili- in the affirmative, the ayes have it. in developing Blue Alert plans that will pro- tating, and promoting Blue Alert plans, Mr. SMITH of Texas. Madam Speak- mote compatible and integrated Blue Alert which shall include— er, on that I demand the yeas and nays. plans throughout the United States, includ- (A) to the maximum extent practicable, ing— The yeas and nays were ordered. representation from the various geographic (A) a list of the resources necessary to es- regions of the United States; and The SPEAKER pro tempore. Pursu- tablish a Blue Alert plan; (B) members who are— ant to clause 8 of rule XX, further pro- (B) criteria for evaluating whether a situa- (i) representatives of a law enforcement or- ceedings on this question will be post- tion warrants issuing a Blue Alert; ganization representing rank-and-file offi- poned. (C) guidelines to protect the privacy, dig- cers; nity, independence, and autonomy of any law f (ii) representatives of other law enforce- enforcement officer who may be the subject ment agencies and public safety communica- NATIONAL BLUE ALERT ACT OF of a Blue Alert and the family of the law en- tions; 2012 forcement officer; (iii) broadcasters, first responders, dis- (D) guidelines that a Blue Alert should Mr. SMITH of Texas. Madam Speak- patchers, and radio station personnel; and er, I move to suspend the rules and only be issued with respect to a law enforce- ment officer if— (iv) representatives of any other individ- pass the bill (H.R. 365) to encourage, (i) the law enforcement agency involved— uals or organizations that the Coordinator enhance, and integrate Blue Alert (I) confirms— determines are necessary to the success of plans throughout the United States in (aa) the death or serious injury of the law the network; order to disseminate information when enforcement officer; or (6) act as the nationwide point of contact a law enforcement officer is seriously (bb) the attack on the law enforcement of- for— ficer and that there is an indication of the (A) the development of the network; and injured or killed in the line of duty, as (B) regional coordination of Blue Alerts amended. death or serious injury of the officer; or (II) concludes that the law enforcement of- through the network; and The Clerk read the title of the bill. (7) determine— The text of the bill is as follows: ficer is missing in the line of duty; (ii) there is an indication of serious injury (A) what procedures and practices are in H.R. 365 to or death of the law enforcement officer; use for notifying law enforcement and the Be it enacted by the Senate and House of Rep- (iii) the suspect involved has not been ap- public when a law enforcement officer is resentatives of the United States of America in prehended; and killed or seriously injured in the line of Congress assembled, (iv) there is sufficient descriptive informa- duty; and SECTION 1. SHORT TITLE. tion of the suspect involved and any relevant (B) which of the procedures and practices This Act may be cited as the ‘‘National vehicle and tag numbers; are effective and that do not require the ex- Blue Alert Act of 2012’’. (E) guidelines— penditure of additional resources to imple- ment. SEC. 2. DEFINITIONS. (i) that information relating to a law en- In this Act: forcement officer who is seriously injured or (c) LIMITATIONS.—

VerDate Mar 15 2010 03:09 May 16, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.009 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2674 CONGRESSIONAL RECORD — HOUSE May 15, 2012 (1) VOLUNTARY PARTICIPATION.—The guide- officers who were killed last year while An integrated nationwide Blue Alert lines established under subsection (b)(2), pro- protecting us and enforcing the law. system ensures that when tragedy tocols developed under subsection (b)(3), and H.R. 365, the National Blue Alert Act strikes, the public is on notice and sus- other programs established under subsection of 2012, establishes a nationwide sys- pects can be more quickly apprehended (b), shall not be mandatory. tem for distribution of time-sensitive and brought to justice. A nationwide (2) DISSEMINATION OF INFORMATION.—The guidelines established under subsection (b)(2) information to help identify a violent Blue Alert network will be particularly shall, to the maximum extent practicable (as suspect when a law enforcement officer effective when a suspect flees across determined by the Coordinator in consulta- is injured or killed in the line of duty. State lines. tion with law enforcement agencies of States Each year, hundreds of law enforce- I want to thank the gentleman from and units of local government), provide that ment officers are killed or seriously in- New York (Mr. GRIMM) and Mr. appropriate information relating to a Blue jured in the line of duty. America’s law REICHERT of Washington for their work Alert is disseminated to the appropriate offi- enforcement officers courageously put on this issue. This is a bipartisan, bi- cials of law enforcement agencies, public their lives on the line every day. They cameral bill. Similar legislation was health agencies, and other agencies. often work long and irregular hours in approved by the Senate Judiciary Com- (3) PRIVACY AND CIVIL LIBERTIES PROTEC- demanding and dangerous conditions. TIONS.—The guidelines established under mittee last September. subsection (b) shall— These officers run a high risk of being Supporters of this legislation include (A) provide mechanisms that ensure that injured or killed by the same criminals the National Fraternal Order of Police, Blue Alerts comply with all applicable Fed- that prey on Americans. the National Sheriffs’ Association, the eral, State, and local privacy laws and regu- Just last month, in my home State of Federal Law Enforcement Officers As- lations; and Texas, an Austin police officer was sociation, and the Sergeants Benevo- (B) include standards that specifically pro- shot and killed while responding to a lent Association. vide for the protection of the civil liberties, call about a drunk man shoplifting at Too often, criminals in our society including the privacy, of law enforcement of- the local Walmart. What seemed to be have no respect for authority and the ficers who are seriously injured or killed in a routine call turned out to be a dan- rule of law. The goal of the Blue Alert the line of duty and the families of the offi- cers. gerous and deadly situation. We cannot is to immediately notify the entire (d) COOPERATION WITH OTHER AGENCIES.— bring Officer Padron back, but we can community to assist in the location The Coordinator shall cooperate with the honor his sacrifice by helping to appre- and apprehension of violent criminals Secretary of Homeland Security, the Sec- hend and bring to justice criminals who injure or kill police officers. This retary of Transportation, the Chairman of who harm our men and women in blue. bill reaffirms our determination to en- the Federal Communications Commission, In 1789, President George Washington sure the future safety of our law en- and appropriate offices of the Department of appointed America’s first law enforce- forcement men and women and the Justice in carrying out activities under this ment officers, 13 United States Mar- communities they serve to protect Act. shals. Since then, over 21,000 local, (e) RESTRICTIONS ON COORDINATOR.—The every day. Coordinator may not— State, and Federal law enforcement of- I urge my colleagues to support this (1) perform any official travel for the sole ficers have been killed in the line of bipartisan legislation, and I reserve the purpose of carrying out the duties of the Co- duty. balance of my time. Despite the fact that national crime ordinator; b 1640 (2) lobby any officer of a State regarding rates continue to drop, in 2011, 163 law the funding or implementation of a Blue enforcement officers were killed in the Mr. PIERLUISI. Madam Speaker, I Alert plan; or line of duty, a 14 percent increase over rise in strong support of H.R. 365, and I (3) host a conference focused solely on the the previous year. Unfortunately, yield myself such time as I may con- Blue Alert program that requires the expend- criminals are becoming even more vio- sume to explain the bill and to respect- iture of Federal funds. lent, and their contempt for law en- fully urge my colleagues to vote for it. (f) REPORTS.—Not later than 1 year after The National Blue Alert Act of 2012 the date of enactment of this Act, and annu- forcement and the rule of law is more ally thereafter, the Coordinator shall submit evident than ever. has strong bipartisan backing and was to Congress a report on the activities of the This bill encourages expansion of an approved unanimously by the Judici- Coordinator and the effectiveness and status integrated Blue Alert communications ary Committee on April 25. I am proud of the Blue Alert plans that are in effect or network throughout the United States, to join my colleague, Mr. GRIMM, as the being developed. much like the well-known AMBER lead Democratic sponsor of this legisla- The SPEAKER pro tempore. Pursu- Alert system used to locate missing tion, and I want to thank the gen- ant to the rule, the gentleman from and abducted children. A Blue Alert tleman from New York, a former FBI Texas (Mr. SMITH) and the gentleman broadcasts information and speeds ap- agent, for his leadership on this and on from Puerto Rico (Mr. PIERLUISI) each prehension of violent criminals when a other law enforcement issues. will control 20 minutes. law enforcement officer is seriously in- This bill constitutes an effort to pro- The Chair recognizes the gentleman jured or killed in the line of duty. Blue tect and defend the men and women of from Texas. Alerts use the same principle as law enforcement, who protect and de- GENERAL LEAVE AMBER Alerts for missing children fend us, our families, and our commu- Mr. SMITH of Texas. Madam Speak- and Silver Alerts for missing seniors. nities. The bill has been endorsed, as er, I ask unanimous consent that all The Blue Alert system is a coopera- has been stated by the gentleman from Members may have 5 legislative days tive effort among local, State, and Fed- Texas, by the Federal Law Enforce- within which to revise and extend their eral authorities, law enforcement agen- ment Officers Association, the Fra- remarks and include extraneous mate- cies, and the general public. A Blue ternal Order of Police, the National As- rial on H.R. 365, as amended, currently Alert provides a description of an of- sociation of Police Organizations, the under consideration. fender who is still at large and may in- National Sheriffs’ Association, and the The SPEAKER pro tempore. Is there clude a description of the offender’s ve- Sergeants Benevolent Association. In objection to the request of the gen- hicle and license plate information. our sister Chamber, an identical com- tleman from Texas? Like AMBER Alerts, Blue Alerts will panion bill to H.R. 365 has been ap- There was no objection. help hinder the offender’s ability to es- proved by the Senate Judiciary Com- Mr. SMITH of Texas. Madam Speak- cape and will facilitate their capture. mittee and currently awaits floor con- er, I yield myself such time as I may The bill directs the Department of sideration. consume. Justice to designate an existing officer The legislation before us directs the Madam Speaker, in 1962, at the re- as the Blue Alert national coordinator, Attorney General to establish a na- quest of Congress, President Kennedy who will encourage those States that tional Blue Alert communications net- proclaimed today as National Peace Of- have not already done so to develop work within the Department of Justice ficers Memorial Day. Every May 15 we Blue Alert plans and establish vol- to disseminate information when a law honor our Nation’s law enforcement of- untary guidelines. As of today, 14 enforcement officer is killed or seri- ficers who have been killed in the line States have Blue Alert networks in ously injured in the line of duty and of duty. Earlier today, on the west place, and Ohio will implement its net- when the suspect has not yet been ap- front of the Capitol, we honored those work in June. prehended. A Blue Alert would provide

VerDate Mar 15 2010 04:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.031 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2675 a physical description of the suspect H.R. 365, the National Blue Alert Act of law enforcement organizations, and I and may include a description of the 2012. As a former FBI special agent, it am certain that the National Blue suspect’s vehicle and license plate in- makes it a very special honor to have Alert Act will enhance the safety of formation. the House consider this important leg- our communities as well as the law en- The Blue Alert system is a coopera- islation, especially during National Po- forcement officers who protect them. I tive effort among Federal, State, and lice Week. Think about it. Thousands encourage its swift passage in the full local authorities, law enforcement of law enforcement officers from House of Representatives, and I would agencies, and the general public. The around the world and this country are like to thank my lead cosponsor and Blue Alert system would use the same going to converge on our Nation’s Cap- friend, Mr. PIERLUISI. infrastructure as AMBER Alerts, which itol to honor those who have paid the Mr. PIERLUISI. Madam Speaker, I are disseminated for missing children, ultimate sacrifice: to protect the citi- yield such time as he may consume to and Silver Alerts, which are dissemi- zens back at home. the gentleman from American Samoa nated for missing seniors. On a personal note, I would like to (Mr. FALEOMAVAEGA). Pursuant to the bill, the Attorney extend my sincerest gratitude to New (Mr. FALEOMAVAEGA asked and General will assign an existing DOJ of- York City’s police commissioner, Ray was given permission to revise and ex- ficer to serve as the national coordi- Kelly, and to the very brave men and tend his remarks.) Mr. FALEOMAVAEGA. Madam nator for the Blue Alert communica- women of the NYPD for their service to Speaker, I would certainly be remiss if tions network. The national coordina- our great city. I encourage all of my I did not extend my commendation to tor’s duties will include: encouraging colleagues to treat every week as if it the gentleman from New York and to State, territory, and local governments were National Police Week, because it my good friend and colleague from to develop Blue Alert plans; estab- is truly those sacrifices made by these Puerto Rico for their leadership and lishing voluntary guidelines for these individuals that have inspired me to in- their service in bringing this legisla- government entities to use in devel- troduce this important legislation. tion to the floor, also and more espe- oping such plans; developing protocols During my career in the FBI, I wit- cially to Chairman SMITH and our nessed firsthand the danger posed by for efforts to apprehend suspects; and ranking member, Mr. CONYERS, for establishing an advisory group to as- criminals who attack law enforcement their support in bringing this bill to sist State and local governments and officers and the particular threat that the floor for consideration. law enforcement agencies to create, fa- they pose to our communities. Time Madam Speaker, I fully support the cilitate, and promote Blue Alert plans. and time again, we have seen, if crimi- fundamental purpose of this bill, which In the last 220 years, nearly 21,000 law nals are willing to attack police offi- is to create and integrate Blue Alert enforcement officers have been killed cers to avoid apprehension, then there plans throughout the 50 States and the in the line of duty in the United is no limit to the lengths they will go U.S. territories in order to disseminate States, and many more have been seri- or to the victims they will target sim- information when a law enforcement ously injured. In Puerto Rico, which is ply to avoid being brought to justice. officer is seriously injured in the line the jurisdiction I represent, over 325 According to the National Law En- of duty. This program is similar to the law enforcement officers have been forcement Officers Memorial Fund, 173 Silver Alert public notification system, killed in the line of duty since 1900, officers were killed in the line of duty which broadcasts information about with over 40 island officers killed be- in 2011. As Members of Congress rep- missing persons, especially seniors tween the year 2000 and the year 2010. resenting New York City and Puerto with Alzheimer’s disease; or the Amer- This year, two veteran Puerto Rico Rico, it is a sad fact for me and for my ica’s Missing: Broadcasting Emergency police officers were fatally shot in the friend and colleague, Congressman Response, known mainly as the line of duty—Abimael Castro Berrocal PIERLUISI, who is the lead cosponsor of AMBER Alert, a public notification and Francis Crespo Mandry. Although this bill, that the New York City Po- system about a missing child. lice Department and the Puerto Rico at least one suspect has been appre- b 1650 hended, other suspects in both of these Police Department both lost four offi- killings remain at large. This morning, cers—the most of any other agency—in Similarly, the intent of this legisla- these two officers, along with over 160 2011. Now, it is impossible to com- tion is to expeditiously apprehend the of their brothers and sisters in law en- pletely transform the hazardous nature offenders that kill or hurt law enforce- ment officers. forcement who lost their lives in the of the work our law enforcement offi- Law enforcement officers put their cers carry out every single day, but line of duty in the past year, were hon- lives on the line every day to protect there are steps that we can take to en- ored in front of the Capitol as part of and to serve the public. Each year, the National Peace Officers’ Memorial hance their safety and to quickly ap- hundreds of law enforcement officers Service. prehend those who put them at risk. are killed or seriously injured in the The National Blue Alert Act does The overriding purpose of this legis- line of duty. On average, one law en- this by creating a national Blue Alert lation is to help deter violent acts forcement officer is killed in the line of against police officers and, in the event communications network within the duty every 53 hours. Last year, 173 offi- such a violent act occurs, to ensure United States Department of Justice to cers had been killed, up to 13 percent that the perpetrator is quickly appre- disseminate information on suspects from 153 killed in the line of duty 2 hended and brought to justice. Police who are being sought in connection years ago. officers, unlike young children and sen- with the death or injury of a law en- The Blue Alert system is a coopera- iors, are not a vulnerable population forcement officer. Similar to the na- tive effort among local, State, Federal group in the traditional sense. They tionwide AMBER Alert system for authorities, law enforcement agencies, are strong, capable, and brave, but missing children, the Blue Alert would and the general public. It provides a de- every day, they put themselves in rapidly notify law enforcement agen- scription of an offender who is still at harm’s way to protect us. They have cies, as well as the media and the pub- large and may include the description our backs, and it’s important that we lic, in order for them to help aid in the of the offender’s vehicle and license have theirs. apprehension of these extremely vio- plate information. I encourage all of my colleagues to lent criminals. Additionally, this legis- Madam Speaker, I am concerned to vote in favor of this bill, and I reserve lation would further encourage the ex- learn just this morning that the initial the balance of my time. pansion of the Blue Alert program be- provision for a grant program to be Mr. SMITH of Texas. Madam Speak- yond the handful of States where it made available to States and terri- er, I yield 5 minutes to the gentleman currently exists by helping develop the tories in support of the Blue Alert sys- from New York (Mr. GRIMM), who is the Blue Alert plans, the regional coordi- tem is nowhere to be found in the lan- sponsor of this legislation. nation, and the development and im- guage of the bill. Instead, the current Mr. GRIMM. Thank you for giving plementation of new technologies to bill language will only provide that the me this opportunity. improve Blue Alert communications. Attorney General shall assign an exist- This is truly a very special oppor- This legislation, as we have heard, is ing officer of the Department of Jus- tunity for me to speak on this bill, supported across the board by many tice to act as the national coordinator

VerDate Mar 15 2010 03:09 May 16, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.020 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2676 CONGRESSIONAL RECORD — HOUSE May 15, 2012 of the Blue Alert communications net- The Blue Alert System would operate in a Madam Speaker, every stop an officer work. similar fashion as the ‘‘Amber Alert’’ system makes can be potentially fatal. Yet these men Madam Speaker, while knowing that and would be implemented by law enforce- and women go to work every day because the Blue Alert system is not manda- ment agencies and officers at all levels—local, they know their service will save the lives of tory, resources should be made avail- State, and Federal. countless others. With this level of self sac- able to the 50 States and territories in Law enforcement officers and officials are rifice the very least we can do as elected offi- order for the Blue Alert system net- among the bravest individuals in today’s soci- cials is provide them with the reassurances work to work effectively and effi- ety. within the National Blue Alert Act. ciently, otherwise the initial purpose Each day, they knowingly risk their personal Today, I ask my colleagues to rise up in of this bill will not be met under the safety and their lives to ensure that our com- support of the National Blue Alert Act of 2011. current bill text before us today. How- munities are safer and more secure. A quick response may be all it takes to save ever, I fully support the needs of the As such, we need to be sure to do all that the life of an officer who gives so much, and Blue Alert system. I urge that a grant we can to ensure their safety when possible. asks for so little in return. program be made available to ensure Building and expanding on the existing blue The SPEAKER pro tempore. The that the law enforcement officers in alert networks in various states will ensure question is on the motion offered by the 50 States and territories are pro- that important information is sent out in an effi- the gentleman from Texas (Mr. SMITH) vided equal and fair treatment. cient and timely manner. that the House suspend the rules and Again, I want to thank Chairman I am proud to stand here today and offer my pass the bill, H.R. 365, as amended. SMITH and Ranking Member CONYERS support for this important legislation. The question was taken. I want to thank the gentleman from New for their support of this bill, and I urge The SPEAKER pro tempore. In the York, Mr. GRIMM, for his hard work in bringing my colleagues to support this legisla- opinion of the Chair, two-thirds being tion. this important legislation before us today. And I also want to thank all the brave men in the affirmative, the ayes have it. Mr. SMITH of Texas. Madam Speak- Mr. GRIMM. Madam Speaker, on and women who work in law enforcement and er, I am prepared to close. I reserve the that I demand the yeas and nays. balance of my time. sacrifice day in and day out for our safety. I urge my colleagues to support this bill. The yeas and nays were ordered. Mr. PIERLUISI. Madam Speaker, I The SPEAKER pro tempore. Pursu- yield as much time as he may consume Ms. RICHARDSON. Madam Speaker, today I rise up in support of H.R. 365, the National ant to clause 8 of rule XX, further pro- to the gentleman from Texas (Mr. ceedings on this question will be post- REYES). Blue Alert Act of 2011. This bill would create poned. Mr. REYES. Madam Speaker, I just a Federal information network that would wanted to add my support for this leg- make it easier to track down and prosecute f islation and thank my colleagues from those who seriously injure or kill State and SECURITY IN BONDING ACT OF 2012 Federal law enforcement officers. New York and Puerto Rico for intro- Mr. SMITH of Texas. Madam Speak- ducing this very important piece of In 2011 a total of 72 law enforcement offi- cers were killed by perpetrators, 10 of which er, I move to suspend the rules and legislation. pass the bill (H.R. 3534) to amend title As a former Border Patrol agent and were in my home state of California. For the 31, United States Code, to revise re- chief in the United States Border Pa- first time in 14 years there were more officers quirements related to assets pledged by trol, I had the experience of working killed by gunfire than officers killed in traffic a surety, and for other purposes, as both as an agent with all the other law accidents. amended. enforcement agencies and then as a Gun violence against law enforcement had The Clerk read the title of the bill. chief. I can tell you that there isn’t a declined in recent decades; however there The text of the bill is as follows: worse feeling than that phone call in was a 70 percent increase from 2008 to 2011. the middle of the night that one of The cause for this increase is unknown, but H.R. 3534 your agents or one of your officers has with technology growing better each day, and Be it enacted by the Senate and House of Rep- methods becoming more sophisticated, these resentatives of the United States of America in been injured or killed. That’s why this Congress assembled, legislation is so important not just to statistics should be going in the opposite di- SECTION 1. SHORT TITLE. officers and agents across the country, rection. Some officers attribute the rise in deaths to This Act may be cited as the ‘‘Security in but to their families. Bonding Act of 2012’’. I strongly urge that our colleagues budget cuts and officers not having the nec- essary resources to ensure their own safety. SEC. 2. SURETY BOND REQUIREMENTS. support this very important piece of Chapter 93 of subtitle VI of title 31, United legislation and agree with my col- Others believe that the new trend of sending States Code, is amended— league from American Samoa that officers to the most violent areas of the city as (1) by adding at the end the following: more than just the legislation, we a preventative measure has led to the spike. ‘‘§ 9310. Individual sureties Regardless, this is a problem that needs an ought to do everything we can to pro- ‘‘If another applicable law or regulation per- vide the funding to actually bring this immediate solution. mits the acceptance of a bond from a surety that critical program to fruition. Due to this dramatic increase in only a few is not subject to sections 9305 and 9306 and is Again, I want to thank my colleagues short years, the FBI conducted a study which based on a pledge of assets by the surety, the as- and also Chairman SMITH for bringing showed many of the officers were killed while sets pledged by such surety shall— this legislation to the floor, and I ask attempting to arrest or subdue a suspect who ‘‘(1) consist of eligible obligations described all our colleagues to strongly support already had a history of violent crimes. With under section 9303(a); and ‘‘(2) be submitted to the official of the Govern- it. this information they implemented a new Fed- eral program so that now when an officer pulls ment required to approve or accept the bond, Mr. PIERLUISI. Madam Speaker, I who shall deposit the assets with a depository have no further requests for time, and over a car and runs the license plate they will described under section 9303(b).’’; and I yield back the balance of my time. be informed if the suspect has a violent crimi- (2) in the table of contents for such chapter, Mr. SMITH of Texas. Madam Speak- nal record so they can be properly prepared. by adding at the end the following: er, I yield back the balance of my time While this new program is a step in the right ‘‘9310. Individual sureties.’’. as well. direction, law enforcement officers will always SEC. 3. GAO STUDY. Mr. BACA. Madam Speaker. I rise today in be put in high risk situations. It is simply the (a) STUDY.—The Comptroller General of the strong support of H.R. 365, the National Blue nature of the job. They put their lives on the United States shall carry out a study on the fol- Alert Act. line everyday to protect the citizens of this lowing: This important bill directs the Attorney Gen- country, and they deserve to know their gov- (1) All instances during the 10-year period eral to establish a national Blue Alert commu- ernment is doing everything it can to provide prior to the date of the enactment of this Act in nications network within the Department of them with as much safety as possible. which a surety bond proposed or issued by a Justice to broadcast information when a law The National Blue Alert Act of 2011 would surety in connection with a Federal project ease the minds of officers, reassuring them of was— enforcement officer is seriously injured or (A) rejected by a Federal contracting officer; killed in the line of duty. a quick and efficient response should anything or It would also assign a Department of Justice happen to them while on duty. The bill would (B) accepted by a Federal contracting officer, officer to act as the national coordinator of the also increase the likelihood of catching a per- but was later found to have been backed by in- Blue Alert Communications Network. petrator who injures or kills an officer. sufficient collateral or to be otherwise deficient

VerDate Mar 15 2010 04:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 6333 E:\CR\FM\K15MY7.022 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2677 or with respect to which the surety did not per- taxpayers without sufficient payment ted and preapproved by the Treasury form. remedies, and in the case of one Colo- Department, provide financial assur- (2) The consequences to the Federal Govern- rado woman, nearly put her out of ance to taxpayers and contractors in ment, subcontractors, and suppliers of the in- business. the event that a contractor fails to per- stances described under paragraph (1). (3) The percentages of all Federal contracts A single stock or private residence, form. On the other hand, bonds issued that were awarded to small disadvantaged busi- which is subject to huge changes in by individual sureties have not been so nesses (as defined under section 124.1002(b) of value or may have an existing first vetted and are not subject to strong title 13, Code of Federal Regulations) and dis- mortgage, are quite simply not accept- collateral requirements. advantaged business enterprises (as defined able assets to back multimillion-dollar Accordingly, I support H.R. 3534 for under section 26.5 of title 49, Code of Federal projects. Madam Speaker, the Security several reasons. Regulations) as prime contractors in the 2-year in Bonding Act will remedy this prob- To begin with, any entity that pro- period prior to and the 2-year period following lem by requiring individual sureties to vides a surety bond should be held to the date of enactment of this Act, and an assess- strong underwriting standards. For in- ment of the impact of this Act and the amend- pledge solely those assets described in ments made by this Act upon such percentages. contracting laws as ‘‘eligible obliga- stance, we know very well what hap- (b) REPORT.—Not later than the end of the 3- tions.’’ Further, it would require them pens when industries, particularly year period beginning on the date of the enact- to be placed in custody of the Federal those involving financing, are not ment of this Act, the Comptroller General shall Government just as they would using a closely regulated. Consider mortgage issue a report to the Committee on the Judiciary corporate surety or posting an asset in lenders, for example. In a vacuum of of the House of Representatives and the Com- lieu of corporate surety. This loophole regulation, unscrupulous and predatory mittee on Homeland Security and Government is putting small businesses and work- lenders engaged in practices that hurt Affairs of the Senate containing all findings not just their borrowers, but ulti- and determinations made in carrying out the ers and the taxpayer at risk. It is time study required under subsection (a). to close this loophole and restore the mately jeopardized the Nation’s econ- omy and the financial well-being of all The SPEAKER pro tempore. Pursu- integrity of the bonding process. H.R. 3534 would ensure that if an in- Americans. Measures such as H.R. 3534 ant to the rule, the gentleman from dividual surety bond is furnished for a are intended to mandate more reliable Texas (Mr. SMITH) and the gentleman Federal construction project, that collateral standards, which is a com- from Puerto Rico (Mr. PIERLUISI) each small businesses and subcontractors mendable goal. Such strengthened re- will control 20 minutes. providing goods and services on that quirements should help to ensure that The Chair recognizes the gentleman American taxpayers are not made to from Texas. contract will not need to worry about the integrity of their payment revenue. pay for the consequences of GENERAL LEAVE This bill provides the surety that small undercollateralized bonds. Mr. SMITH of Texas. Madam Speak- businesses need and subcontractors and In addition, this bill will protect so- er, I ask unanimous consent that all citizens deserve from the Federal Gov- called ‘‘downstream’’ subcontractors Members may have 5 legislative days ernment. Without it, good jobs and our and suppliers who very much depend on to revise and extend their remarks and limited taxpayer dollars will continue the economic vitality and performance include extraneous materials on H.R. to be at risk. of the general contractor and its sur- 3534, as amended, currently under con- In closing, I would like to extend a ety. Many such downstream sub- sideration. personal thanks to Chairman LAMAR contractors and suppliers are small The SPEAKER pro tempore. Is there SMITH for his leadership in advancing businesses owned by members of his- objection to the request of the gen- this legislation and for allowing me to torically disadvantaged groups, includ- tleman from Texas? join him during the committee’s pro- ing racial minorities, women, and the There was no objection. ceedings. disabled. Ensuring that unnecessarily Mr. SMITH of Texas. Madam Speak- Madam Speaker, I urge my col- heightened risk is avoided for minor- er, I yield 5 minutes to the gentleman leagues to support this legislation. ity-owned businesses is key to their from New York (Mr. HANNA), who is the economic survival as well as to our Na- sponsor of this legislation. b 1700 tion’s fiscal health. According to the Mr. HANNA. Madam Speaker, I in- Mr. PIERLUISI. Madam Speaker, I Commerce Department, these busi- troduced H.R. 3534 with my colleague, rise in support of H.R. 3534, the Secu- nesses are an ‘‘integral part of local, Mr. MULVANEY from South Carolina, to rity in Bonding Act, and I yield myself national, and global business commu- address an issue in the construction in- such time as I may consume. nities.’’ Measures such as H.R. 3534 dustry I know all too well: surety H.R. 3534 will strengthen the protec- that strengthen collateral require- bonding. tion that surety bonds are intended to ments lessen the incidence of poor un- Bonding is not something most peo- provide by requiring individual sureties derwriting practices and undersecured ple think about, but it was a daily re- to use low-risk cash assets, such as surety bonds. ality in my business. The concept is United States bonds, as collateral. At Finally, H.R. 3534, as amended in simple. Contractors on a Federal con- the same time, H.R. 3534 will require committee, will help to ensure that it struction project are required to post the Government Accountability Office does not result in too much of a good assets prior to entering a contract to to assess the impact of these enhanced thing. Particularly during these dif- prove that they are capable of paying collateral requirements on the avail- ficult economic times, our role in Con- their subcontractors and downstream ability of surety bonds for emerging gress should not be to construct unnec- paying their suppliers for work. It indi- businesses, and particularly for dis- essary or overly burdensome hurdles to cates that a contractor is capable of advantaged business enterprises, seek- those who want to enter into a par- successfully completing a project and ing to be prime contractors on Federal ticular business or industry. is supposed to protect taxpayers and projects. To the extent that heightened collat- small businesses downstream in the When the Federal Government enters eral requirements might dissuade indi- event of failure or nonpayment. into a contract, the American tax- vidual sureties from providing bonds on The business of bonding is predicted payer, as well as those who subcontract Federal projects, there is a risk that on a zero failure rate. The assets with the contractor, should be pro- new businesses may have a more dif- pledged to back a project must be real, tected. That is why, under current law, ficult time bidding on Federal projects. easily convertible to cash, and held by any Federal construction contract val- We need to ensure that these busi- the contracting officer for the duration ued at $150,000 or more requires a sur- nesses continue to be vital contribu- of the project—and most are. Unfortu- ety bond as a condition of the contract tors to our Nation’s economy, not only nately, a loophole in these laws has being awarded. The bond will pay the as subcontractors, but also as prime been exploited. It has resulted in a government and downstream contrac- contractors. This is why there was bi- number of cases where assets pledged tors in the event that the contractor partisan agreement in committee to to back a bond issued by an individual fails to perform the contract. add language requiring the GAO to, surety have been insufficient or illu- Bonds issued by so-called ‘‘cor- among other things, assess the impact sory. This has left small businesses and porate’’ sureties, which have been vet- that the enactment of H.R. 3534 may

VerDate Mar 15 2010 03:09 May 16, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.042 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2678 CONGRESSIONAL RECORD — HOUSE May 15, 2012 have on disadvantaged business enter- from across the aisle for actually com- The federal government cannot afford to be prises’ ability to successfully bid on ing together today to try to do some- left in the lurch because an individual surety Federal contracts. This analysis will thing to help the Nation advance. And bond proved to be worthless. American tax- help us monitor whether H.R. 3534 has with that, I encourage everyone to sup- payers deserve a government that acts care- any unintended consequences in this port this bill. fully and with fiscal responsibility when it regard. Mr. PIERLUISI. Mr. Speaker, I have spends their money on construction projects. I thank Chairman SMITH for his will- no further requests for time, so I will I urge my colleagues to support this bill. ingness to work with us to reach a mu- yield back the balance of my time. Mr. COBLE. Mr. Speaker, I rise in support tually agreeable result. I also com- Mr. SMITH of Texas. Mr. Speaker, I of H.R. 3534. mend the bill’s sponsor, Representative yield back the balance of my time as Surety bonds are financial instruments used RICHARD HANNA, as well as Representa- well. to provide financial security for large construc- tive JARED POLIS, the lead Democratic Mr. SMITH of Texas. Mr. Speaker, today the tion contracts. For example, prime contractors cosponsor, for their leadership on this House continues its effort to restore the finan- typically post payment bonds to assure sub- important matter. cial security of our country with consideration contractors that they will be paid for their I reserve the balance of my time. of H.R. 3534, the Security in Bonding Act of work. Prime contractors must also obtain bid Mr. SMITH of Texas. Mr. Speaker, I 2011. I thank Mr. HANNA for his sponsorship of and performance bonds to guarantee the yield 2 minutes to the gentleman from this bill and Mr. GOWDY and Mr. POLIS, both owner that the work will be performed accord- South Carolina (Mr. MULVANEY) who is members of the Judiciary Committee, for their ing to contract. an original cosponsor of this legisla- support as well. The federal government regularly contracts tion. This bill protects the federal government with privately-owned businesses to complete Mr. MULVANEY. I thank the gen- from financial loss as it improves the effective- construction projects. In doing so, the govern- tleman from Texas. ness of surety bonds contractors must post ment requires contractors to obtain surety This is not, Mr. Speaker, the most when they perform construction projects for bonds. But the security provided to the gov- glamorous thing we’re going to do in the United States. ernment by a surety bond is only as good as this 112th Congress. If you stop to Also, this bill protects small business sub- or assets that stand behind the think about it, there are not that many contractors and enhances the financial secu- bond. people who are aware of, let alone care rity of the United States. There are currently three ways a contractor The bill amends federal acquisition law to about, what kind of security is offered can satisfy the federal government’s require- requre individual sureties to post only low-risk on surety bonds. ment for adequate assurance of performance collateral to back up their bonds. If the prime I can assure you, it is important to and payment. The contractor can obtain a contractor defaults, the government and sub- some people. It really is. If you are the bond from a corporate surety approved by the contractors will have recourse to real, stable, person who is entering into that con- Treasury Department, give the United States a valuable assets to make them whole. tract, who is counting on somebody possessory security interest in low-risk, liquid The Miller Act, enacted in 1935, requires a doing that work, the quality of that se- assets, such as T-bills, cash, or cash equiva- contractor to obtain surety bonds in favor of curity in that surety bond is of the ut- lents, or the contractor can secure a bond the government when the contractor under- most importance to you. And as you from an individual surety. takes a construction job worth more than heard the gentleman from New York In recent years, there have been a number $150,000. These surety bonds protect not only (Mr. HANNA) mention, in certain cases, of instances in which individual surety bonds the United States but also subcontractors it could be a matter of life or death for have not provided the security they purport to whom the prime contractor hires. your business. So I am proud to be the Unlike in the private sector, subcontractors offer. In some cases, this was because the sponsor of this bill. on federal projects have no mechanic’s lien value of the pledged assets had decreased But that is not why I rise today, Mr. rights; surety bonds are their sole protection. significantly, like when the stock market sud- Speaker. I rise today to bring to light A bid bond assures the federal contracting denly dropped or real estate values plum- the fact that we are actually doing officer that the contractor bids in good faith meted. something on a bipartisan basis to help and will complete the job if it is the winning H.R. 3534 addresses this problem by requir- the country. We get a lot of criticism bidder. ing individual sureties to pledge low-risk as- back home—I know we both do, the Re- Similarly, a performance bond guarantees sets. This will benefit government and sub- publicans and the Democrats—for not the United States that the contractor will not contractors, who typically get the short end of being able to come together to fix walk away from the job even if, for instance, the stick. things. And, yes, we do struggle, per- the contractor found a more lucrative oppor- I am happy to report that H.R. 3534 is sup- haps, to fix the big things, and maybe tunity elsewhere. ported by the American Subcontractors Asso- rightly so. We are unlikely to solve the The Federal Acquisition Regulation (FAR) ciation and the National Association of Minor- issue of taxes versus spending here currently allows a contractor to obtain a surety ity Contractors. today, but it’s nice to know that we’re bond through a corporate surety or an indi- I urge all members to vote ‘‘yea’’ on final still able to get together from time to vidual surety. Alternatively, a contractor may passage for H.R. 3534. time on the small things. deposit low-risk collateral, like T-bills or other The SPEAKER pro tempore (Mr. Face it. It used to be, before this bill, cash equivalents, with the government to CHAFFETZ). The question is on the mo- that you could take marketable coal as cover the project cost. tion offered by the gentleman from collateral on a surety bond. That’s out- Corporate surety companies are regulated Texas (Mr. SMITH) that the House sus- rageous. With this bill, we’ll fix those by the Treasury Department, which requires pend the rules and pass the bill, H.R. types of things and actually make it the sureties to be sufficiently funded in an 3534, as amended. safer to do business on a government amount over the risk of default on the bonds The question was taken; and (two- contract. Again, is it the big things they underwrite. But individual sureties are not thirds being in the affirmative) the that stand between our country and its approved by the Treasury, and they may rules were suspended and the bill, as current lack of prosperity? Absolutely pledge collateral whose value may fluctuate. amended, was passed. not. But it does make business better For example, the FAR allows an individual A motion to reconsider was laid on in the United States of America. surety to pledge stocks and bonds or real the table. That’s why I congratulate the gen- property. f tleman from Texas (Mr. SMITH) and the The lax collateral requirements for individual b 1710 ranking member, Mr. CONYERS. I also sureties have seriously harmed subcontractors thank the gentleman from Missouri and the federal government. CHIMNEY ROCK NATIONAL (Mr. GRAVES) and gentlelady from New At a hearing on this bill in the Courts, MONUMENT ESTABLISHMENT ACT York (Ms. VELA´ ZQUEZ) from the Small Commerical and Administrative Law Sub- Mr. BISHOP of Utah. Mr. Speaker, I Business Committee who also took a committee, the President of a minority-owned move to suspend the rules and pass the look at this bill and also passed it on a construction company in Colorado, testified bill (H.R. 2621) to establish the Chim- bipartisan basis. that they lost $100,000 because the prime ney Rock National Monument in the So with that, Mr. Speaker, I thank contractor’s individual surety bond was backed State of Colorado, and for other pur- the gentleman. I thank my colleagues by valueless assets. poses, as amended.

VerDate Mar 15 2010 03:09 May 16, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.025 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2679 The Clerk read the title of the bill. (2) the control of fire, insects, or diseases. (3) subject to subsection (b), operation of the The text of the bill is as follows: (d) MOTOR VEHICLES AND MOUNTAIN BIKES.— mineral leasing, mineral materials, and geo- The use of motor vehicles and mountain bikes in thermal leasing laws. H.R. 2621 the national monument shall be limited to the (b) LIMITATION.—Notwithstanding subsection Be it enacted by the Senate and House of Rep- roads and trails identified by the Secretary as (a)(3), the Federal land is not withdrawn for the resentatives of the United States of America in appropriate for the use of motor vehicles and purposes of issuance of gas pipeline rights-of- Congress assembled, mountain bikes. way within easements in existence as of the date SECTION 1. SHORT TITLE. (e) GRAZING.—The Secretary shall permit of the enactment of this Act. This Act may be cited as the ‘‘Chimney Rock grazing within the national monument, where SEC. 8. EFFECT. National Monument Establishment Act’’. established before the date of the enactment of (a) WATER RIGHTS.— SEC. 2. DEFINITIONS. this Act— (1) IN GENERAL.—Nothing in this Act affects In this Act: (1) subject to all applicable laws (including any valid water rights, including water rights (1) NATIONAL MONUMENT.—The term ‘‘na- regulations); and held by the United States. (2) consistent with the purposes described in tional monument’’ means the Chimney Rock Na- (2) RESERVED WATER RIGHT.—The designation tional Monument established by section 3(a). section 3(a). of the national monument does not create a (f) UTILITY RIGHT-OF-WAY UPGRADES.—Noth- (2) SECRETARY.—The term ‘‘Secretary’’ means Federal reserved water right. ing in this Act precludes the Secretary from re- the Secretary of Agriculture. (b) TRIBAL RIGHTS.—Nothing in this Act af- newing or authorizing the upgrading of a utility (3) STATE.—The term ‘‘State’’ means the State fects— right-of-way in existence as of the date of the of Colorado. (1) the rights of any Indian tribe on Indian enactment of this Act through the national land; SEC. 3. ESTABLISHMENT OF CHIMNEY ROCK NA- monument— TIONAL MONUMENT. (2) any individually held trust land or Indian (1) in accordance with— allotment; or (a) ESTABLISHMENT.—There is established in (A) the National Environmental Policy Act of (3) any treaty rights providing for nonexclu- the State the Chimney Rock National Monu- 1969 (42 U.S.C. 4321 et seq.); and ment— (B) any other applicable law; and sive access to or within the national monument (1) to preserve, protect, and restore the ar- (2) subject to such terms and conditions as the by members of Indian tribes for traditional and cheological, cultural, historic, geologic, hydro- Secretary determines to be appropriate. cultural purposes. logic, natural, educational, and scenic resources (g) VOLUNTEERS.—The Secretary shall allow (c) FISH AND WILDLIFE.—Nothing in this Act of Chimney Rock and adjacent land; and for the continued access and work of volunteers affects the jurisdiction of the State with respect (2) to provide for public interpretation and at the national monument. to the management of fish and wildlife on public recreation consistent with the protection of the (h) RESEARCH.—Scientific research, including land in the State. resources described in paragraph (1). archeological research, educational, and inter- (d) ADJACENT USES.—Nothing in this Act— (b) BOUNDARIES.— pretive uses shall be permitted within the Monu- (1) creates a protective perimeter or buffer (1) IN GENERAL.—The national monument ment. zone around the national monument; or shall consist of approximately 4,726 acres of (i) OTHER ADMINISTRATIVE COSTS.—Any signs, (2) affects private property outside of the land and interests in land, as generally depicted fixtures, alterations, or additions needed in con- boundary of the national monument. on the map entitled ‘‘Boundary Map, Chimney nection with the designation or advertisement of The SPEAKER pro tempore. Pursu- Rock National Monument’’ and dated January the Monument shall be paid for only with non- ant to the rule, the gentleman from 5, 2010. Federal funds or amounts made available for Utah (Mr. BISHOP) and the gentleman (2) MINOR ADJUSTMENTS.—The Secretary may such purposes in prior Acts of appropriation. from New Mexico (Mr. HEINRICH) each make minor adjustments to the boundary of the (j) DESIGNATION OF MANAGER.—As soon as national monument to reflect the inclusion of practicable after the management plan is devel- will control 20 minutes. significant archeological resources discovered oped under section 5(a), the Secretary shall des- The Chair recognizes the gentleman after the date of the enactment of this Act on ignate an employee of the Department of Agri- from Utah. adjacent National Forest System land. culture whose duties shall include acting as the GENERAL LEAVE (3) AVAILABILITY OF MAP.—The map described point of contact for the management of the na- Mr. BISHOP of Utah. Mr. Speaker, I in paragraph (1) shall be on file and available tional monument. ask unanimous consent that all Mem- for public inspection in the appropriate offices (k) OTHER RECREATIONAL USES.—The Sec- of the Forest Service. retary shall allow continued use of the national bers have 5 legislative days to revise SEC. 4. ADMINISTRATION. monument for hunting, fishing, and other rec- and extend their remarks and include (a) IN GENERAL.—The Secretary shall— reational uses authorized on the date of the en- extraneous material on the bill under (1) administer the national monument— actment of this Act, except that the Secretary consideration. (A) in furtherance of the purposes for which may implement temporary emergency closures or The SPEAKER pro tempore. Is there the national monument was established; and restrictions of the smallest practicable area to objection to the request of the gen- (B) in accordance with— provide for public safety, resource conservation, tleman from Utah? (i) this Act; and or other purposes authorized by law. There was no objection. (ii) any laws generally applicable to the Na- SEC. 5. MANAGEMENT PLAN. Mr. BISHOP of Utah. With that, Mr. tional Forest System; and (a) IN GENERAL.—Not later than 3 years after (2) allow only such uses of the national monu- the date of the enactment of this Act, the Sec- Speaker, I would like to yield such ment that the Secretary determines would fur- retary, in consultation with Indian tribes with a time as he may consume to the sponsor ther the purposes described in section 3(a). cultural or historic tie to Chimney Rock, shall of this bill, the gentleman from Colo- (b) TRIBAL USES.— develop a management plan for the national rado (Mr. TIPTON), who has done such (1) IN GENERAL.—The Secretary shall admin- monument. great work to move this potential issue ister the national monument in accordance (b) PUBLIC COMMENT.—In developing the forward. with— management plan, the Secretary shall provide Mr. TIPTON. I thank the gentleman (A) the Native American Graves Protection an opportunity for public comment by— and Repatriation Act (25 U.S.C. 3001 et seq.); (1) State and local governments; for yielding. and (2) tribal governments; and Mr. Speaker, this past weekend I had (B) the policy described in Public Law 95–341 (3) any other interested organizations and in- the opportunity to be in a truly re- (commonly known as the ‘‘American Indian Re- dividuals. markable part of the United States in ligious Freedom Act’’) (42 U.S.C. 1996). SEC. 6. LAND ACQUISITION. southwestern Colorado, an area called (2) TRADITIONAL USES.—Subject to any terms The Secretary may acquire land and any in- Chimney Rock, which is an area re- and conditions the Secretary determines to be terest in land within or adjacent to the bound- nowned for its cultural heritage and its necessary and in accordance with applicable ary of the national monument by— important archeological traits. law, the Secretary shall allow for the continued (1) purchase from willing sellers with donated use of the national monument by members of In- or appropriated funds; Chimney Rock is considered by the dian tribes— (2) donation; or historic preservation community and (A) for traditional ceremonies; and (3) exchange. the archeological community to be one (B) as a source of traditional plants and other SEC. 7. WITHDRAWAL. of the most significant archeological materials. (a) IN GENERAL.—Subject to valid existing sites in the western United States. (c) VEGETATION MANAGEMENT.—The Secretary rights, all Federal land within the national Centuries ago, hundreds of early Native may carry out vegetation management treat- monument (including any land or interest in Americans called the area home. Ar- ments within the national monument, except land acquired after the date of the enactment of cheologists have uncovered ancient that the harvesting of timber shall only be used this Act) is withdrawn from— if the Secretary determines that the harvesting (1) entry, appropriation, or disposal under the farming areas, homes, and other struc- is necessary for— public land laws; tures, indicating that this was a major (1) ecosystem restoration in furtherance of (2) location, entry, and patent under the min- cultural center for these early Ameri- section 3(a); or ing laws; and cans. The ancestors of modern Pueblo

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.028 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2680 CONGRESSIONAL RECORD — HOUSE May 15, 2012 Indians made a journey to this north- Mr. BISHOP of Utah. In closing, may (B) in paragraph (2), by inserting after sub- ernmost outpost of the Chacoan civili- I just say that I want to commend the paragraph (C) the following: zation to witness a rare lunar occur- gentleman from Colorado (Mr. TIPTON) ‘‘(D) The approximately 218 acres of land rence that they held to be sacred. for taking the time and the effort to depicted as ‘Hiatus’ on the map titled ‘Mes- quite Airport Conveyance’ and dated Janu- Chimney Rock is only one of three put forth a well thought-out and lo- ary 13, 2012.’’; sites like this in the entire world. cally supported piece of legislation (C) in paragraph (3), by striking ‘‘until the Despite the scarcity of this gem, the that designates an area of special sig- date that is 12 years after the date of the en- Chimney Rock site of the San Juan Na- nificance in the district that he hap- actment of this subsection,’’ and inserting tional Forest has yet to receive a des- pens to represent. This legislation is an ‘‘until November 29, 2020,’’; ignation worthy of its historical and example of the way this type of des- (D) by amending paragraph (4) to read as cultural significance. The area is cur- ignation should be done, as opposed to follows: rently under the management of the by administrative fiat under things ‘‘(4) REVERTER.—If the land conveyed pur- suant to paragraph (1) is not used by the city U.S. Forest Service and is covered like the Antiquities Act. as an airport or for another public purpose, under the USFS Organic Act, which I urge the adoption of this measure, it shall revert to the United States, at the has no provision to be able to address and I yield back the balance of my option of the Secretary, except that the city preservation and the management of time. shall have an exclusive right to purchase such a historic and culturally signifi- The SPEAKER pro tempore. The such land.’’; and cant area as Chimney Rock. question is on the motion offered by (E) by redesignating paragraph (5) as para- H.R. 2621, the Chimney Rock Na- the gentleman from Utah (Mr. BISHOP) graph (7) and by inserting after paragraph (4) tional Monument Establishment Act, that the House suspend the rules and the following: requires no additional Federal funds, pass the bill, H.R. 2621, as amended. ‘‘(5) RIGHT TO PURCHASE LAND.—Until No- vember 29, 2020, the City of Mesquite, Ne- and therefore no increase in spending. The question was taken. The SPEAKER pro tempore. In the vada, subject to all appropriate environ- It ensures continued access to the area mental reviews, including compliance with so that local ranchers will be able to opinion of the Chair, two-thirds being the National Environmental Policy Act of utilize the lands that they depend on in the affirmative, the ayes have it. 1969 (42 U.S.C. 4331 et. seq.) and the Endan- for grazing, for outdoorsmen to be able Mr. HEINRICH. Mr. Speaker, I object gered Species Act of 1973 (16 U.S.C. 1531 et. to continue to take advantage of the to the vote on the ground that a seq.), shall have the exclusive right to pur- game opportunities in the area, and for quorum is not present and make the chase the parcels of public land described in members of the Indian tribes to be able point of order that a quorum is not paragraph (2) that the Secretary did not con- vey to the city pursuant to paragraph (1). to continue the use of Chimney Rock present. The SPEAKER pro tempore. Pursu- ‘‘(6) PROCEEDS OF SALE.—The proceeds of for traditional ceremonies. The bill the sale of each parcel under this subsection also allows for continued archeological ant to clause 8 of rule XX, further pro- ceedings on this question will be post- shall be deposited into the General Treas- research and exploration in the area. ury.’’. In addition to preserving and pro- poned. The point of no quorum is considered The SPEAKER pro tempore. Pursu- tecting the site’s historical and cul- withdrawn. ant to the rule, the gentleman from tural treasures, the national monu- Utah (Mr. BISHOP) and the gentleman f ment designation will give Chimney from New Mexico (Mr. HEINRICH) each Rock the prestige and protection it de- AMENDMENT TO THE MESQUITE will control 20 minutes. serves and elevate it to a status that LANDS ACT OF 1986 The Chair recognizes the gentleman will increase its exposure to the region Mr. BISHOP of Utah. Mr. Speaker, I from Utah. and enable it to generate tourism, cre- move to suspend the rules and pass the GENERAL LEAVE ating a potential economic boost for bill (H.R. 2745) to amend the Mesquite Mr. BISHOP of Utah. I ask unani- the surrounding communities and gen- Lands Act of 1986 to facilitate imple- mous consent that all Members may erating jobs. Without any new spend- mentation of a multispecies habitat have 5 legislative days to revise and ex- ing, making Chimney Rock a national conservation plan for the Virgin River tend their remarks and include extra- monument will create a win-win situa- in Clark County, Nevada, as amended. neous material on the bill under con- tion for this remarkable place, for the The Clerk read the title of the bill. sideration. local communities, the State of Colo- The text of the bill is as follows: The SPEAKER pro tempore. Is there rado, Native Indian tribes, and future H.R. 2745 objection to the request of the gen- generations of American. Be it enacted by the Senate and House of Rep- tleman from Utah? Mr. Speaker, it’s my pleasure to able resentatives of the United States of America in There was no objection. to sponsor H.R. 2621. Congress assembled, Mr. BISHOP of Utah. With that, Mr. Mr. HEINRICH. I yield myself such SECTION 1. AMENDMENT TO THE MESQUITE Speaker, since this is a significant bill time as I may consume. LANDS ACT OF 1986. that makes a change that has been (Mr. HEINRICH asked and was given Section 3 of Public Law 99–548 (commonly long overdue, I yield such time as he permission to revise and extend his re- known as the ‘‘Mesquite Lands Act of 1986’’) may consume to the sponsor of this marks.) is amended— bill, the gentleman from Nevada (Mr. (1) in subsection (d)(3)(B), by inserting Mr. HEINRICH. I want to applaud the ‘‘and implementation’’ after ‘‘development’’; HECK). majority for bringing this strong con- (2) in subsection (e)— Mr. HECK. I rise in support of H.R. servation legislation to the House floor (A) in paragraph (1)(A), by striking ‘‘For a 2745, legislation amending the Mesquite today to designate a national monu- period of 12 years after the date of the enact- Lands Act of 1986. The original Mes- ment in Congressman TIPTON’s district. ment of this Act,’’ and inserting ‘‘Until No- quite Lands Act provided the city of There are a number of bills like Con- vember 29, 2020,’’; Mesquite, Nevada, the exclusive right gressman TIPTON’s waiting for action (B) in paragraph (3), by striking ‘‘Not later to purchase, at fair market value, cer- that would either designate a new na- than 10 years after the date of the enactment tain Federal land under the control of of this subsection,’’ and inserting ‘‘Not later the Bureau of Land Management. As tional monument or provide designa- than November 29, 2019,’’; tion of a new wilderness area. This in- (C) in paragraph (5), by striking ‘‘the date the city is landlocked by public lands cludes a bill that I have sponsored to that is 12 years after the date of the enact- and was the fastest growing city in the include new areas in the existing ment of this subsection,’’ and inserting ‘‘the country for much of the 1990s, this leg- Manzano Mountains Wilderness. date specified in paragraph (1)(A),’’; and islation was amended in 1996 to allow Congratulations to Congressman TIP- (D) in paragraph (6), by striking ‘‘of each the city to purchase additional Federal TON for his success in advancing local parcel’’ and all that follows through the pe- lands to ensure the city of Mesquite conservation efforts. I hope that this is riod and inserting ‘‘of each parcel under this could continue to grow and prosper. In subsection shall be deposited into the Gen- 1999, Congress passed the latest Mes- the beginning of consideration of simi- eral Treasury.’’; and lar bills pending before the committee (3) in subsection (f)— quite Lands Act amendment with the so that we can advance our conserva- (A) in paragraph (1), by striking ‘‘Not later specific purpose of providing land to tion goals across the Nation. than 1 year after the date of the enactment construct a commercial airport and to I yield back the balance of my time. of this subsection, the’’ and inserting ‘‘The’’; provide more room for commercial and

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.029 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2681 industrial development to, again, meet Mr. Speaker, this legislation allows (1) the parcels of National Forest System land future demands for a rapidly growing the city of Mesquite, Nevada, to con- containing such cemeteries; and tourism industry. tinue acquiring certain lands from the (2) up to an additional two acres adjoining In 2002, the U.S. Fish and Wildlife Federal Government for its commer- each cemetery in order to ensure the convey- Service issued a Mesquite Lands Act ances include unmarked gravesites and allow cial airport. for expansion of the cemeteries. Biological Opinion, which promulgated Under the original 1986 legislation, (b) PROPERTY AND RECIPIENTS.—The prop- certain terms and conditions associ- some receipts from the sale of Federal erties to be conveyed under subsection (a), and ated with the land sale. A key term lands would be retained to fund habitat the recipients of each property, are as follows: contained in the opinion is a mandate improvements along the Virgin River (1) The Silver City Cemetery to the Silver City that the city participate in the devel- within Clark County. As amended, H.R. Volunteer Fire Department. opment and implementation of a Habi- 2745 directs the proceeds from the land (2) The Hayward Cemetery to the Hayward tat Conservation and Recovery Plan sales to the Treasury, thus leaving the Volunteer Fire Department. and a Hydrologic Monitoring and Miti- habitat work unfunded. (3) The encumbered land adjacent to the En- gation Plan along the Virgin River. While the conservation work is im- glewood Cemetery (encompassing the cemetery In response to this opinion, Congress portant and deserves funding, we do entrance portal, access road, fences, 2,500 gallon reservoir and building housing such reservoir, made a technical amendment to the not object to this legislation. act within the Clark County Conserva- and piping to provide sprinkling system to the Mr. Speaker, I yield back the balance cemetery) to the City of Lead. tion of Public Land and Natural Re- of my time. sources Act of 2002 that set aside a por- (4) The land adjacent to the Mountain Mead- Mr. BISHOP of Utah. Mr. Speaker, I ow Cemetery to the Mountain Meadow Cemetery tion of the proceeds from the sale of yield myself the balance of my time. Association. each parcel for the ‘‘development’’ of Authored by Congressman HECK, H.R. (5) The Roubaix Cemetery to the Roubaix the Recovery Plan and the Hydrologic 2745 was amended by the Natural Re- Cemetery Association. Monitoring and Mitigation Plan. It is sources Committee and is further (6) The Nemo Cemetery to the Nemo Cemetery apparent that during the process lan- amended today to ensure that there is Association. guage allowing for the ‘‘implementa- no cost to the taxpayer. This will treat (7) The Galena Cemetery to the Galena Histor- ical Society. tion’’ of these plans was inadvertently all proceeds from land sales uniformly (8) The Rockerville Cemetery to the omitted from this amendment. Other and, again, at no cost to the taxpayer. land acts, such as the Lincoln and Rockerville Community Club. So I urge adoption of this measure, (9) The Cold Springs Cemetery (including ad- White Pine County Lands Act, clearly and I yield back the balance of my state that funds shall be expended on jacent school yard and log building) to the Cold time. Springs Historical Society. development and implementation of The SPEAKER pro tempore. The (c) CONDITION OF CONVEYANCE.—Each con- multispecies habitat conservation question is on the motion offered by veyance under subsection (a) shall be subject to plans. I believe the same process should the gentleman from Utah (Mr. BISHOP) the condition that the recipient accept the con- be applied to the Mesquite Lands Act. that the House suspend the rules and veyed real property in its condition at the time H.R. 2745 is a legislative clarification pass the bill, H.R. 2745, as amended. of the conveyance. regarding the special funds allowing for The question was taken. (d) USE OF LAND CONVEYED.—The lands con- both the development and implementa- veyed under subsection (a) shall continue to be The SPEAKER pro tempore. In the tion of the Habitat Conservation and used in the same manner and for the same pur- Recovery Plan and the Hydrologic opinion of the Chair, two-thirds being poses as they were immediately prior to their Monitoring and Mitigation Plan. This in the affirmative, the ayes have it. conveyance under this Act. is consistent with other plans in Ne- Mr. HEINRICH. Mr. Speaker, I object (e) DESCRIPTION OF PROPERTY.—The exact vada, and the same process should be to the vote on the ground that a acreage and legal description of each parcel of quorum is not present and make the real property to be conveyed under subsection applied to the city of Mesquite. (a) shall be determined by surveys satisfactory In addition to the clarification for point of order that a quorum is not present. to the Secretary. The cost of the survey for a the Habitat Conservation and Recovery particular parcel shall be borne by the recipient Plan, there’s an issue regarding the The SPEAKER pro tempore. Pursu- of such parcel. timing of the land sales identified in ant to clause 8 of rule XX, further pro- (f) ADDITIONAL TERMS AND CONDITIONS.—The the 1999 amendment that is also ad- ceedings on this question will be post- Secretary may require such additional terms dressed in H.R. 2745. The legislation poned. and conditions in connection with the convey- originally gave the city of Mesquite 12 The point of no quorum is considered ances under subsection (a) as the Secretary con- years to purchase the land from the withdrawn. siders appropriate to protect the interests of the United States. date of enactment. However, due to se- f The SPEAKER pro tempore. Pursu- vere economic conditions that continue BLACK HILLS CEMETERY ACT to plague southern Nevada, along with ant to the rule, the gentleman from a delay of the environmental impact Mr. BISHOP of Utah. Mr. Speaker, I Utah (Mr. BISHOP) and the gentleman statement for the airport site, the city move to suspend the rules and pass the from New Mexico (Mr. HEINRICH) each is not in a position to purchase the bill (H.R. 3874) to provide for the con- will control 20 minutes. final sections of property at this time, veyance of eight cemeteries that are The Chair recognizes the gentleman and therefore was not able to make located on National Forest System from Utah. land in Black Hills National Forest, this deadline. H.R. 2745 provides for an GENERAL LEAVE South Dakota, as amended. extension of an additional 8 years to Mr. BISHOP of Utah. Mr. Speaker, I The Clerk read the title of the bill. allow economic conditions to improve. ask unanimous consent that all Mem- The text of the bill is as follows: In closing, I would again like to bers may have 5 legislative days to re- thank Chairman BISHOP and Ranking H.R. 3874 vise and extend their remarks and in- Member GRIJALVA, as well as the Nat- Be it enacted by the Senate and House of Rep- clude extraneous material on the bill ural Resources Committee Staff, for resentatives of the United States of America in under consideration. Congress assembled, working with me on moving this legis- The SPEAKER pro tempore. Is there SECTION 1. SHORT TITLE. lation forward. H.R. 2745 will allow the objection to the request of the gen- city of Mesquite to continue to control This Act may be cited as the ‘‘Black Hills Cemetery Act’’. tleman from Utah? the path of its future expansion and There was no objection. economic development, as well as cor- SEC. 2. LAND CONVEYANCES, CERTAIN CEME- TERIES LOCATED IN BLACK HILLS Mr. BISHOP of Utah. Mr. Speaker, I rect an oversight in prior legislation. NATIONAL FOREST, SOUTH DAKOTA. yield such time as she may consume to b 1720 (a) CEMETERY CONVEYANCES REQUIRED.—The Mrs. NOEM of South Dakota, the spon- Secretary of Agriculture shall convey, without sor of this bill, who has worked so hard Mr. HEINRICH. Mr. Speaker, I yield consideration, to the local communities in South myself such time as I may consume. Dakota that are currently managing and main- and has done such a great job on it, to (Mr. HEINRICH asked and was given taining certain community cemeteries (as speci- explain this commonsense bill. permission to revise and extend his re- fied in subsection (b)) all right, title, and inter- Mrs. NOEM. Mr. Speaker, I thank the marks.) est of the United States in and to— gentleman for yielding.

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.031 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2682 CONGRESSIONAL RECORD — HOUSE May 15, 2012 Today I rise in support of my legisla- situation for a number of years, and as Ownership Act of 2011’’ or the ‘‘HEARTH Act of tion, H.R. 3874, the Black Hills Ceme- their Representative, I’m glad we have 2011’’. tery Act. This bill is of great impor- the opportunity to pass this bill today SEC. 2. APPROVAL OF, AND REGULATIONS RE- tance to many communities in the off the House floor. LATED TO, TRIBAL LEASES. The first section of the Act titled ‘‘An Act to Black Hills of South Dakota. I urge my colleagues to support and authorize the leasing of restricted Indian lands The Black Hills in South Dakota is pass this bill for the communities in for public, religious, educational, recreational, home to a number of historic commu- South Dakota. residential, business, and other purposes requir- nities and cemeteries. Many of these Mr. HEINRICH. Mr. Speaker, I yield ing the grant of long-term leases’’, approved Au- originated in old mining towns in the myself such time as I may consume. gust 9, 1955 (25 U.S.C. 415), is amended as fol- 1800s. They have unique significance to (Mr. HEINRICH asked and was given lows: the surrounding communities. These permission to revise and extend his re- (1) In subsection (d)— (A) in paragraph (4), by striking ‘‘the Navajo include the Englewood Cemetery, the marks.) Mr. HEINRICH. Mr. Speaker, H.R. Nation’’ and inserting ‘‘an applicable Indian Galena Cemetery, Hayward Cemetery, tribe’’; Mountain Meadows Cemetery, Roubaix 3874 conveys cemeteries currently on (B) in paragraph (6), by striking ‘‘the Navajo Cemetery, Nemo Cemetery, Rocker- Forest Service lands to communities in Nation’’ and inserting ‘‘an Indian tribe’’; ville Cemetery, Silver City Cemetery, South Dakota. These local commu- (C) in paragraph (7), by striking ‘‘and’’ after and the Cold Springs Cemetery. nities already manage and maintain the semicolon at the end; These cemeteries are currently being these cemeteries, and the legislation (D) in paragraph (8)— requires that these lands continue to (i) by striking ‘‘the Navajo Nation’’; managed by local cemetery associa- (ii) by striking ‘‘with Navajo Nation law’’ and tions or community groups in the sur- be used for cemetery purposes. inserting ‘‘with applicable tribal law’’; and rounding areas, but have been tech- We have no objections to this legisla- (iii) by striking the period at the end and in- nically owned by the U.S. Forest Serv- tion, and with that, I yield back the serting a semicolon; and ice since the 1900s. This causes unnec- balance of my time. (E) by adding at the end the following: essary liability for the U.S. Forest Mr. BISHOP of Utah. Mr. Speaker, I ‘‘(9) the term ‘Indian tribe’ has the meaning yield myself the balance of my time. given such term in section 102 of the Federally Service because of responsibility for Recognized Indian Tribe List Act of 1994 (25 upkeep and dealing with possible van- This commonsense piece of legisla- tion moves nine parcels of land to the U.S.C. 479a); and dalism or damage to the property. ‘‘(10) the term ‘individually owned allotted The Black Hills Cemetery Act would respective communities that currently land’ means a parcel of land that— simply transfer ownership of these manage and maintain these ceme- ‘‘(A)(i) is located within the jurisdiction of an cemeteries and up to 2 acres of adja- teries. It frees the Forest Service from Indian tribe; or cent land to the caretaking commu- administering these cemeteries so they ‘‘(ii) is held in trust or restricted status by the United States for the benefit of an Indian tribe nities that have managed them for gen- can focus on other jobs, like maybe tackling the growing mountain pine or a member of an Indian tribe; and erations under special-use permits ‘‘(B) is allotted to a member of an Indian issued by the Forest Service at almost beetle epidemic in the Black Hills. It’s tribe.’’. no cost to taxpayers. It also makes a great bill, I urge its adoption, and I (2) By adding at the end the following: clear that these cemeteries will con- yield back the balance of my time. ‘‘(h) TRIBAL APPROVAL OF LEASES.— tinue to be used for the same purpose The SPEAKER pro tempore. The ‘‘(1) IN GENERAL.—At the discretion of any In- question is on the motion offered by dian tribe, any lease by the Indian tribe for the as they have always been used in the purposes authorized under subsection (a) (in- past. the gentleman from Utah (Mr. BISHOP) that the House suspend the rules and cluding any amendments to subsection (a)), ex- I sponsored this bill at the request of cept a lease for the exploration, development, or these communities and the current pass the bill, H.R. 3874, as amended. extraction of any mineral resources, shall not caretakers of the cemeteries and in The question was taken. require the approval of the Secretary, if the consultation with the U.S. Forest Serv- The SPEAKER pro tempore. In the lease is executed under the tribal regulations ice. An article by the Rapid City Jour- opinion of the Chair, two-thirds being approved by the Secretary under this subsection nal talked about Dennis McMillin, who in the affirmative, the ayes have it. and the term of the lease does not exceed— Mr. BISHOP of Utah. Mr. Speaker, on ‘‘(A) in the case of a business or agricultural is chief of the local volunteer fire de- lease, 25 years, except that any such lease may partment that takes care of the Hay- that I demand the yeas and nays. The yeas and nays were ordered. include an option to renew for up to 2 addi- ward Cemetery. He mentioned that The SPEAKER pro tempore. Pursu- tional terms, each of which may not exceed 25 passing this bill would make it less ant to clause 8 of rule XX, further pro- years; and complicated for both the caretakers ‘‘(B) in the case of a lease for public, reli- ceedings on this question will be post- and for the United States Forest Serv- gious, educational, recreational, or residential poned. ice. He also mentioned that this bill is purposes, 75 years, if such a term is provided for important because it allows for some f by the regulations issued by the Indian tribe. ‘‘(2) ALLOTTED LAND.—Paragraph (1) shall expansion for those families who are HELPING EXPEDITE AND ADVANCE not apply to any lease of individually owned In- still interested in burial plots. RESPONSIBLE TRIBAL HOME dian allotted land. A lot of local residents have relatives OWNERSHIP ACT OF 2011 ‘‘(3) AUTHORITY OF SECRETARY OVER TRIBAL buried in these cemeteries, so this Mr. BISHOP of Utah. Mr. Speaker, I REGULATIONS.— coming Memorial Day, many will pay ‘‘(A) IN GENERAL.—The Secretary shall have move to suspend the rules and pass the the authority to approve or disapprove any trib- their respects to family members. bill (H.R. 205) to amend the Act titled Many of these communities will hold al regulations issued in accordance with para- ‘‘An Act to authorize the leasing of re- graph (1). special services on the cemetery stricted Indian lands for public, reli- ‘‘(B) CONSIDERATIONS FOR APPROVAL.—The grounds in the coming weeks. After the gious, educational, recreational, resi- Secretary shall approve any tribal regulation House passes this bill, these families dential, business, and other purposes issued in accordance with paragraph (1), if the and communities are one step closer to requiring the grant of long-term tribal regulations— having these cemeteries officially in ‘‘(i) are consistent with any regulations issued leases,’’ approved August 9, 1955, to by the Secretary under subsection (a) (including their care and will continue to do an provide for Indian tribes to enter into excellent job managing them. any amendments to the subsection or regula- certain leases without prior express ap- tions); and I would like to thank the commu- proval from the Secretary of the Inte- ‘‘(ii) provide for an environmental review nities and the local residents for their rior, as amended. process that includes— help in working with my office and for The Clerk read the title of the bill. ‘‘(I) the identification and evaluation of any advocating for this bill. I would also The text of the bill is as follows: significant effects of the proposed action on the like to thank Chairmen HASTINGS and environment; and H.R. 205 ‘‘(II) a process for ensuring that— BISHOP and their staffs for helping me Be it enacted by the Senate and House of Rep- push this bill forward. ‘‘(aa) the public is informed of, and has a rea- resentatives of the United States of America in sonable opportunity to comment on, any signifi- It is important for those reasons that Congress assembled, cant environmental impacts of the proposed ac- we pass this bill and that the Senate SECTION 1. SHORT TITLE. tion identified by the Indian tribe; and does the same. These communities This Act may be cited as the ‘‘Helping Expe- ‘‘(bb) the Indian tribe provides responses to have been asking for a solution to this dite and Advance Responsible Tribal Home relevant and substantive public comments on

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 6333 E:\CR\FM\K15MY7.034 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2683 any such impacts before the Indian tribe ap- ‘‘(ii) provide the applicable Indian tribe with rior before it can take effect. It doesn’t proves the lease. a written notice of the alleged violation together matter whether the tribe and a third ‘‘(C) TECHNICAL ASSISTANCE.—The Secretary with such written determination; and party have negotiated the terms of a may provide technical assistance, upon request ‘‘(iii) prior to the exercise of any remedy, the lease to their mutual satisfaction; of the Indian tribe, for development of a regu- rescission of the approval of the regulation in- latory environmental review process under sub- volved, or the reassumption of lease approval re- Washington, D.C., ultimately decides paragraph (B)(ii). sponsibilities, provide the applicable Indian because, after all, Washington, D.C., al- ‘‘(D) INDIAN SELF-DETERMINATION ACT.—The tribe with— ways knows better. technical assistance to be provided by the Sec- ‘‘(I) a hearing that is on the record; and Unfortunately, the result of this pa- retary pursuant to subparagraph (C) may be ‘‘(II) a reasonable opportunity to cure the al- ternalism is predictable—the leases do made available through contracts, grants, or leged violation. not get approved on a timely basis, if agreements entered into in accordance with, and ‘‘(9) SAVINGS CLAUSE.—Nothing in this sub- at all. The government has erected all made available to entities eligible for, such con- section shall affect subsection (e) or any tribal kinds of regulatory hurdles for tribes tracts, grants, or agreements under the Indian regulations issued under that subsection.’’. leasing their lands. In the private sec- Self-Determination Act (25 U.S.C. 450 et seq). SEC. 3. LAND TITLE REPORTS. tor, time is money; and when the gov- ‘‘(4) REVIEW PROCESS.— (a) IN GENERAL.—The Bureau of Indian Af- ‘‘(A) IN GENERAL.—Not later than 120 days fairs shall prepare and submit to the Committee ernment delay costs money, investors after the date on which the tribal regulations on Natural Resources of the House of Represent- take their business elsewhere. described in paragraph (1) are submitted to the atives and the Committee on Indian Affairs of In 2000, Congress agreed with a re- Secretary, the Secretary shall review and ap- the Senate a report regarding the history and quest by the Navajo Nation to let the prove or disapprove the regulations. experience of Indian tribes that have chosen to tribe lease its land without Federal ap- ‘‘(B) WRITTEN DOCUMENTATION.—If the Sec- assume responsibility for operating the Indian proval so long as the leasing occurs retary disapproves the tribal regulations de- Land Title and Records Office (referred to in under tribal regulations and they have scribed in paragraph (1), the Secretary shall in- this section as the ‘‘LTRO’’) functions from the clude written documentation with the dis- been approved by the Secretary. The Bureau of Indian Affairs. amendments absolve taxpayers from li- approval notification that describes the basis for (b) CONSULTATION.—In conducting the review the disapproval. under subsection (a), the Bureau of Indian Af- ability for leasing decisions the Navajo ‘‘(C) EXTENSION.—The deadline described in fairs shall consult with the Department of Hous- Nation makes. subparagraph (A) may be extended by the Sec- ing and Urban Development Office of Native For years, many tribes have pleaded retary, after consultation with the Indian tribe. American Programs and the Indian tribes that with Congress to let them manage ‘‘(5) FEDERAL ENVIRONMENTAL REVIEW.—Not- are managing LTRO functions (referred to in their lands with less Federal super- withstanding paragraphs (3) and (4), if an In- this section as the ‘‘managing Indian tribes’’). vision. H.R. 205 simply allows any tribe dian tribe carries out a project or activity fund- (c) CONTENTS.—The review under subsection the same option that the Navajo Na- ed by a Federal agency, the Indian tribe shall (a) shall include an analysis of the following have the authority to rely on the environmental tion already enjoys. While this bill factors: does not completely remove the gov- review process of the applicable Federal agency (1) Whether and how tribal management of rather than any tribal environmental review the LTRO functions has expedited the proc- ernment from tribal lands, which process under this subsection. essing and issuance of Indian land title certifi- would be our goal, it takes a step in ‘‘(6) DOCUMENTATION.—If an Indian tribe exe- cations as compared to the period during which the right direction. cutes a lease pursuant to tribal regulations the Bureau of Indian Affairs managed the pro- b 1730 under paragraph (1), the Indian tribe shall pro- grams. vide the Secretary with— (2) Whether and how tribal management of A previous version of this bill was in- ‘‘(A) a copy of the lease, including any the LTRO functions has increased home owner- troduced and ordered reported in the amendments or renewals to the lease; and ship among the population of the managing In- very last Congress, but it languished ‘‘(B) in the case of tribal regulations or a dian tribe. and saw no further action. So I am lease that allows for lease payments to be made (3) What internal preparations and processes directly to the Indian tribe, documentation of very pleased today that this bill, spon- were required of the managing Indian tribes sored by a Democrat Member, that de- the lease payments that are sufficient to enable prior to assuming management of the LTRO the Secretary to discharge the trust responsi- functions. creases Federal regulation of Indian bility of the United States under paragraph (7). (4) Whether tribal management of the LTRO lands is poised to pass with very strong ‘‘(7) TRUST RESPONSIBILITY.— functions resulted in a transfer of financial re- bipartisan support. ‘‘(A) IN GENERAL.—The United States shall sources and manpower from the Bureau of In- I urge adoption of this measure, and not be liable for losses sustained by any party to dian Affairs to the managing Indian tribes and, I reserve the balance of my time. a lease executed pursuant to tribal regulations if so, what transfers were undertaken. Mr. HEINRICH. Mr. Speaker, I yield under paragraph (1). (5) Whether, in appropriate circumstances and myself such time as I may consume. ‘‘(B) AUTHORITY OF SECRETARY.—Pursuant to with the approval of geographically proximate (Mr. HEINRICH asked and was given the authority of the Secretary to fulfill the trust Indian tribes, the LTRO functions may be per- obligation of the United States to the applicable permission to revise and extend his re- formed by a single Indian tribe or a tribal con- marks.) Indian tribe under Federal law (including regu- sortium in a cost effective manner. lations), the Secretary may, upon reasonable Mr. HEINRICH. Mr. Speaker, shortly notice from the applicable Indian tribe and at The SPEAKER pro tempore. Pursu- after being elected to Congress, I met the discretion of the Secretary, enforce the pro- ant to the rule, the gentleman from with some New Mexico tribal leaders visions of, or cancel, any lease executed by the Utah (Mr. BISHOP) and the gentleman who brought to my attention the oner- Indian tribe under paragraph (1). from New Mexico (Mr. HEINRICH) each ous process for securing a long-term ‘‘(8) COMPLIANCE.— will control 20 minutes. lease on trust land—an unnecessary ‘‘(A) IN GENERAL.—An interested party, after The Chair recognizes the gentleman procedural burden that affects every exhausting of any applicable tribal remedies, from Utah. may submit a petition to the Secretary, at such single home mortgage on Indian land. time and in such form as the Secretary deter- GENERAL LEAVE We all know how important home- mines to be appropriate, to review the compli- Mr. BISHOP of Utah. Mr. Speaker, I ownership is to healthy communities, ance of the applicable Indian tribe with any ask unanimous consent that all Mem- and the last thing the Federal Govern- tribal regulations approved by the Secretary bers may have 5 legislative days to re- ment should do is stand in the way of under this subsection. vise and extend their remarks and in- families ready and willing to buy a ‘‘(B) VIOLATIONS.—If, after carrying out a re- clude extraneous material on the bill home. That’s why I introduced this view under subparagraph (A), the Secretary de- termines that the tribal regulations were vio- under consideration. bill, the Helping Expedite and Advance lated, the Secretary may take any action the The SPEAKER pro tempore. Is there Responsible Tribal Home Ownership Secretary determines to be necessary to remedy objection to the request of the gen- Act, which we call the HEARTH Act. the violation, including rescinding the approval tleman from Utah? Native families buying a house go of the tribal regulations and reassuming respon- There was no objection. through the same process as everyone sibility for the approval of leases of tribal trust Mr. BISHOP of Utah. Mr. Speaker, I else—they find a house they like, work lands. yield myself such time as I may con- with their bank to gain approval for a ‘‘(C) DOCUMENTATION.—If the Secretary deter- sume. mortgage, and make an offer to the mines that a violation of the tribal regulations has occurred and a remedy is necessary, the Under current law, each and every seller. But before these families can Secretary shall— nonmineral lease that a tribe executes close on the sale, they must also get ‘‘(i) make a written determination with re- with a third party is subject to ap- approval from the Bureau of Indian Af- spect to the regulations that have been violated; proval of the Department of the Inte- fairs to lease the land that the house is

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.045 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2684 CONGRESSIONAL RECORD — HOUSE May 15, 2012 built on. That approval can take be- Mr. COLE. I thank the gentleman for associate myself with the eloquent re- tween 6 months and 2 years—an intol- yielding, and I thank him for those ex- marks that he has made in addressing erable delay for most buyers. ceptionally generous comments. the needs of this legislation that needs We all know that a seller is rarely Mr. Speaker, I rise today in support to be passed. able to wait 2 years to sell their house, of H.R. 205, the HEARTH Act, by the I also want to commend my good and banks are often unable to hold a gentleman from New Mexico (Mr. HEIN- friend from Utah and the gentleman mortgage approval for anywhere near RICH). I want to commend him for from New Mexico for their manage- that long. I know that there are many bringing forward and working so hard ment of this piece of legislation that is Native families who would prefer to to secure the passage of this genuinely so important to our Native American stay and raise their children in the important piece of legislation. community. communities where their families have Increased opportunity for economic Mr. HEINRICH. Mr. Speaker, I yield lived for generations, but instead have development in Indian Country is the back the balance of my time. had to move from Indian Country to best way to raise the standards of liv- Mr. BISHOP of Utah. I urge adoption nearby cities because they want to own ing for tribal members. This legislation of this bill, and I yield back the bal- a home. Families shouldn’t be forced to will help break down the barriers to ance of my time. make such an important decision based economic development by making Mr. MARKEY. Mr. Speaker, I rise in support on how many months, or years, it will needed reforms to tribal leasing regula- of the legislation introduced by the gentleman take a Federal bureaucracy to approve tions. from New Mexico (Mr. HEINRICH). The a mortgage on tribal land. H.R. 205 will streamline the existing HEARTH Act will further tribal self-governance Similarly, many tribal communities bureaucratic process for leasing tribal and self-determination by authorizing willing lose out on commercial investment be- trust lands by providing Indian tribes Indian tribes to take control of surface leasing cause the process for securing a lease with the option to develop and manage on their own lands. Once tribal regulations are through the BIA takes so long. In these their own surface leasing regimes. approved by the Secretary of the Interior, tough economic times, we should not Existing law requires that each lease tribes will be able to lease their lands without be making it harder for business to de- of tribal surface lands be approved by federal oversight. H.R. 205 is groundbreaking velop on tribal land. the Secretary of the Interior. The sec- legislation that enhances tribal control over The HEARTH Act would allow tribes retarial approval process is costly, tribal resources and I ask my colleagues to to develop their own leasing regula- time consuming, often results in lost vote for its passage. Importantly, H.R. 205 authorizes leasing ac- tions and make leasing decisions on business and economic opportunities tivity for residential, business, and other pur- the tribal level rather than waiting for for tribal communities, and is far too poses. A tribe could therefore use its authority BIA approval. Under the bill, tribes cumbersome to be helpful to those it’s under the HEARTH Act to engage in renew- would submit their regulations to the designed to protect. These lease re- able energy projects on their lands. Indian Secretary of the Interior for approval. forms come from a pilot program which country has the potential to develop millions of Once the regulations are approved, implemented this same regime on the megawatts of wind and solar energy. This bill tribes would be authorized to make Navajo reservation over a decade ago. their own decisions about how to lease will help Tribes pursue the economic, environ- Based on the success of that pilot, it’s their land in accordance with approved mental and national security benefits that only natural that these reforms be leases. This process would be com- clean energy provides to all Americans. available to all tribes. During the Natural Resources Committee pletely voluntary for tribes. A tribe Under H.R. 205, once a tribe’s own that chooses not to submit leasing reg- markup, a Democratic amendment added lan- surface leasing regime is approved by ulations for approval would continue guage to authorize tribes to seek the Sec- the Department of the Interior, the under the current system of BIA ap- retary’s technical assistance in developing a tribe can proceed to negotiate, ap- proval. regulatory environmental review process for all Many tribes already have a lease ap- prove, and administer leases of tribal types of leasing activity. If a tribe chooses to proval process through their tribal gov- trust lands under its control. Passage use its new authority to engage in leasing ac- ernment that approves land leases be- of H.R. 205 will enable tribal govern- tivity for renewable energy projects, for exam- fore they’re even sent to the BIA. For ments to assume responsibility for the ple, it can call upon the expertise of the De- those tribes that want the authority management of their lands, reduce partment of the Interior to inform development and responsibility for making final Federal costs and government liability, of an appropriate environmental review proc- leasing decisions at the tribal level, and encourage more housing and eco- ess. I’m confident that this will enhance tribes’ the HEARTH Act would give them the nomic development on Indian lands, re- ability to be the best managers of their own option of doing so. sulting ultimately in job creation. lands. Our Nation is home to a vast diver- This bill has strong bipartisan sup- H.R. 205 also requires that approved tribal sity of tribes, and Federal policy port, is a priority for Indian Country, regulations must be ‘‘consistent with’’ existing should reflect that diversity. The and is strongly supported by the ad- federal regulations. The United States recog- HEARTH Act will allow tribes to exer- ministration. It empowers tribes, en- nizes tribal primacy for a number of programs cise greater control over their own courages tribal self-government, de- under three critical environmental laws—the land, support self-determination, and creases the dependency of tribes on the Clean Water Act, the Safe Drinking Water Act eliminate bureaucratic delays that Federal Government, and speeds up and the Clean Air Act. Tribes have success- stand in the way of homeownership and economic development in Indian Coun- fully demonstrated their ability to implement economic development in tribal com- try. these laws. I fully expect that tribes will do the munities. I urge my colleagues to vote in favor same with the HEARTH Act requirement that Mr. Speaker, before I close, I want to of H.R. 205, the HEARTH Act. Again, I their leasing regulations, at a minimum, meet make sure to thank Representatives want to commend the gentleman from existing federal standards and may even MARKEY, HASTINGS, BOREN, YOUNG, KIL- New Mexico for his hard work on this choose to regulate more stringently where ap- DEE, COLE, and LUJA´ N for their mean- important legislation. propriate. ingful work on this important legisla- Mr. HEINRICH. Mr. Speaker, I yield I applaud Mr. HEINRICH’s leadership on this tion. Again, I ask my colleagues to such time as he may consume to the bill and again encourage my colleagues from vote ‘‘yes’’ on this important bipar- gentleman from American Samoa (Mr. both sides of the aisle to vote in favor of H.R. tisan bill to support Native families FALEOMAVAEGA). 205. and communities. (Mr. FALEOMAVAEGA asked and Mr. BACA. Mr. Speaker, I rise today in sup- I reserve the balance of my time. was given permission to revise and ex- port of H.R. 205—The HEARTH ACT, and Mr. BISHOP of Utah. Mr. Speaker, I tend his remarks.) recognize the vital importance of homeowner- am pleased to yield as much time as he Mr. FALEOMAVAEGA. Mr. Speaker, ship and tribal self governance. may consume to the gentleman from I could not help but listen with tre- I am proud to serve as a cosponsor of this Oklahoma (Mr. COLE), who has proven mendous interest, and also to commend legislation and wish to thank Congressman an expert as well as totally versed on my good friend from Oklahoma, who HEINRICH for sponsoring this bill. the issues of Native Americans in the also is the cochairman of our Native Homeownership is an essential part of the United States. American Congressional Caucus. I fully American dream.

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K15MY7.037 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2685 Native American families desire to own their the gentleman from Utah (Mr. BISHOP) gram in the world, has resettled 128 North own homes just like other citizens of our na- that the House suspend the rules and Koreans since passage of the 2004 Act, includ- tion. pass the bill, H.R. 205, as amended. ing 23 North Koreans in fiscal year 2011. Currently Native families can face up to a The question was taken. (7) In a career of Asia-focused public serv- ice that spanned more than half a century, two year wait to purchase a home on tribal The SPEAKER pro tempore. In the including service as a senior United States lands because of the bureaucratic red tape at opinion of the Chair, two-thirds being diplomat in times and places where there the Bureau of Indian Affairs. in the affirmative, the ayes have it. were significant challenges to human rights, This long wait can be harmful to Native peo- Mr. BISHOP of Utah. Mr. Speaker, on Ambassador James R. Lilley also served as a ple because sellers often cannot wait for the that I demand the yeas and nays. director of the Committee for Human Rights time it takes for Bureau of Indian Affairs ap- The yeas and nays were ordered. in North Korea until his death in 2009. proval. This could result in lands within res- The SPEAKER pro tempore. Pursu- (8) Following his 18 years of service in the ervation borders being sold away from tribal ant to clause 8 of rule XX, further pro- House of Representatives, including as Chairman of the Foreign Affairs Sub- members. ceedings on this question will be post- committee on East Asian and Pacific Affairs, The HEARTH ACT allows tribal govern- poned. Stephen J. Solarz committed himself to, in ments to approve trust land leases directly, f his words, highlighting ‘‘the plight of ordi- significantly reducing the wait for approval and AMBASSADOR JAMES R. LILLEY nary North Koreans who are denied even the easing the home buying process for tribal fam- most basic human rights, and the dramatic ilies. AND CONGRESSMAN STEPHEN J. and heart-rending stories of those who risk In the current housing market, the last thing SOLARZ NORTH KOREA HUMAN their lives in the struggle to escape what is the federal government should be doing is RIGHTS REAUTHORIZATION ACT certainly the world’s worst nightmare’’, and standing in the way of families looking to buy OF 2012 served as co-chairman of the Committee for Ms. ROS-LEHTINEN. Mr. Speaker, I Human Rights in North Korea until his a home. death in 2010. I urge my colleagues to join me in sup- move to suspend the rules and pass the SEC. 3. SENSE OF CONGRESS. porting homeownership for out Nation’s first bill (H.R. 4240) to reauthorize the North It is the sense of Congress that— people, and ask that they vote yes on H.R. Korean Human Rights Act of 2004, and (1) the United States should continue to 205. for other purposes, as amended. seek cooperation from foreign governments Ms. RICHARDSON. Mr. Speaker, I rise The Clerk read the title of the bill. to allow the United States to process North today in strong support of H.R. 205, the Help- The text of the bill is as follows: Korean refugees overseas for resettlement in ing Expedite and Advance Responsible Tribal H.R. 4240 the United States, through persistent diplo- Home Ownership (HEARTH) Act of 2011. As Be it enacted by the Senate and House of Rep- macy by senior officials of the United States, a member of the Native American Caucus and resentatives of the United States of America in including United States ambassadors to a proud co-sponsor of this legislation, I believe Congress assembled, Asia-Pacific countries, and close cooperation with its ally, the Republic of Korea; and the HEARTH Act is an important step forward SECTION 1. SHORT TITLE. (2) because there are genuine refugees in supporting tribal self-determination and self- This Act may be cited as the ‘‘Ambassador among North Koreans fleeing into China who governance. James R. Lilley and Congressman Stephen J. face severe punishments upon their forcible Native American families buying homes Solarz North Korea Human Rights Reauthor- return, the United States should urge the have to go through a unique and burdensome ization Act of 2012’’. People’s Republic of China to— process that involves securing approval from SEC. 2. FINDINGS. (A) immediately halt its forcible repatri- the Federal Bureau of Indian Affairs to lease Congress finds the following: ation of North Koreans; tribal land. This application process can take (1) The North Korean Human Rights Act of (B) fulfill its obligations pursuant to the 2004 (Public Law 108–333; 22 U.S.C. 7801 et as long as two years to complete, often mak- 1951 United Nations Convention Relating to seq.) and the North Korean Human Rights the Status of Refugees, the 1967 Protocol Re- ing the dream of owning a home on their tribal Reauthorization Act of 2008 (Public Law 110– lating to the Status of Refugees, and the 1995 land unattainable. Sellers and mortgage lend- 346) were the product of broad, bipartisan Agreement on the Upgrading of the UNHCR ers are usually unable or unwilling to wait this consensus regarding the promotion of human Mission in the People’s Republic of China to long, and buyers often resort to moving off rights, transparency in the delivery of hu- UNHCR Branch Office in the People’s Repub- tribal land. manitarian assistance, and the importance lic of China; and The Bureau of Indian Affairs (BIA) plays an of refugee protection. (C) allow the United Nations High Commis- important role in the education, healthcare, in- (2) In addition to the longstanding commit- sioner for Refugees (UNHCR) unimpeded ac- frastructure maintenance and law enforce- ment of the United States to refugee and cess to North Koreans inside China to deter- human rights advocacy, the United States is mine whether such North Koreans are refu- ment, among other services, for Native Alas- home to the largest Korean population out- gees requiring protection. kans and American Indians. The BIA oversees side of northeast Asia, and many in the two- SEC. 4. SUPPORT FOR HUMAN RIGHTS AND DE- more than 55 million acres of some of the million strong Korean-American community MOCRACY PROGRAMS. most economically depressed and isolated have family ties to North Korea. Section 102(b)(1) of the North Korean areas of the United States and is critical in im- (3) Although the transition to the leader- Human Rights Act of 2004 (22 U.S.C. proving the quality life of its members. ship of Kim Jong-Un after the death of Kim 7812(b)(1)) is amended by striking ‘‘2012’’ and The HEARTH Act is a plan for reform that Jong-Il has introduced new uncertainties and inserting ‘‘2017’’. possibilities, the fundamental human rights will improve the efficiency of the Bureau of In- SEC. 5. RADIO BROADCASTING TO NORTH KOREA. and humanitarian conditions inside North dian Affairs and will shift important responsibil- Korea remain deplorable, North Korean refu- Not later than 120 days after the date of ities to tribes. Under this Act, tribes. Under this gees remain acutely vulnerable, and the find- the enactment of this Act, the Broadcasting Act, tribes will develop their own regulations to ings in the 2004 Act and 2008 Reauthorization Board of Governors (BBG) shall submit to be approved by the Secretary of the Interior, remain substantially accurate today. the appropriate congressional committees, and local leaders can assume control over (4) Media and nongovernmental organiza- as defined in section 5(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), their own leasing processes. Families will tions have reported a crackdown on unau- thorized border crossing during the North a report that describes the status and con- avoid the lengthy wait and can seize the op- tent of current United States broadcasting portunity to invest in land that has been in Korean leadership transition, including au- thorization for on-the-spot execution of at- to North Korea and the extent to which the their family and tribe for generations. tempted defectors, as well as an increase in BBG has achieved the goal of 12-hour-per-day Mr. Speaker, I encourage my colleagues to punishments during the 100-day official broadcasting to North Korea pursuant to join me in voting for this critical legislation. mourning period after the death of Kim section 103 of such Act (22 U.S.C. 7813). This is a bill we can all support as it will im- Jong-Il. SEC. 6. ACTIONS TO PROMOTE FREEDOM OF IN- prove the efficiency of one of our federal bu- (5) Notwithstanding high-level advocacy by FORMATION. reaus while simultaneously improving housing the United States, the Republic of Korea, Subsections (b)(1) and (c) of section 104 of opportunities for Native American populations. and the United Nations High Commissioner the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended by striking ‘‘2012’’ Home ownership is an important part of the for Refugees, China has continued to forcibly repatriate North Koreans, including dozens and inserting ‘‘2017’’ each place it appears. American dream, and the HEARTH Act will of presumed refugees who were the subject of SEC. 7. SPECIAL ENVOY ON NORTH KOREAN help hard-working American families achieve international humanitarian appeals during HUMAN RIGHTS ISSUES. that goal. February and March of 2012. Section 107(d) of the North Korean Human The SPEAKER pro tempore. The (6) The United States, which has the larg- Rights Act of 2004 (22 U.S.C. 7817(d)) by strik- question is on the motion offered by est international refugee resettlement pro- ing ‘‘2012’’ and inserting ‘‘2017’’.

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.018 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2686 CONGRESSIONAL RECORD — HOUSE May 15, 2012 SEC. 8. REPORT ON UNITED STATES HUMANI- North Korean women and girls are United Nations High Commissioner for Refu- TARIAN ASSISTANCE. brutalized and trafficked in China, gees unimpeded access to North Koreans in- Section 201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a)) is where they are sold into forced mar- side China to determine whether fleeing North amended, in the matter preceding paragraph riage and sexual . And China, Koreans require protection. (1), by striking ‘‘2012’’ and inserting ‘‘2017’’. which sits on the Executive Board of Mr. Speaker, H.R. 4240 is an important SEC. 9. ASSISTANCE PROVIDED OUTSIDE OF the U.N.’s Refugee Protection Body, demonstration of our bipartisan commitment to NORTH KOREA. continues to forcibly repatriate North assist the North Korean people, and I urge my Section 203(c)(1) of the North Korean Koreans into danger. colleagues to support it. Human Rights Act of 2004 (22 U.S.C. H.R. 4240, Mr. Speaker, will continue I yield such time as he may consume 7833(c)(1)) is amended— the important bipartisan work of the to my friend and colleague from Amer- (1) by striking ‘‘$20,000,000’’ and inserting ‘‘$5,000,000’’; and North Korean Human Rights Act by ex- ican Samoa (Mr. FALEOMAVAEGA), the (2) by striking ‘‘2005 through 2012’’ and in- tending, until the year 2017, its au- ranking member of the Asia and Pa- serting ‘‘2013 through 2017’’. thorities to promote human rights, ref- cific Subcommittee. SEC. 10. ANNUAL REPORTS. ugee protection, and freedom of infor- (Mr. FALEOMAVAEGA asked and Section 305(a) of the North Korean Human mation for the people of North Korea. was given permission to revise and ex- Rights Act of 2004 (22 U.S.C. 7845(a)) is Mr. Speaker, I reserve the balance of tend his remarks.) amended, in the matter preceding paragraph my time. Mr. FALEOMAVAEGA. Mr. Speaker, (1) by striking ‘‘2012’’ and inserting ‘‘2017’’. Mr. BERMAN. Mr. Speaker, I rise in I want to commend my good friend, the The SPEAKER pro tempore. Pursu- strong support of H.R. 4240. chairwoman of our Foreign Affairs ant to the rule, the gentlewoman from Mr. Speaker, I rise in strong support of H.R. Committee, as well as our ranking Florida (Ms. ROS-LEHTINEN) and the 4240, The Ambassador James R. Lilley and member, Mr. BERMAN, for bringing this gentleman from California (Mr. BER- Congressman Stephen J. Solarz North Korean legislation. And I am in full support, MAN) each will control 20 minutes. Human Rights Reauthorization Act of 2012, and I do associate myself with the com- The Chair recognizes the gentle- and I yield myself as much time as I may con- ments and the statements made earlier woman from Florida. sume. by our great chairman as well as our GENERAL LEAVE I’d like to begin by thanking the gentlelady ranking member, Mr. BERMAN. Ms. ROS-LEHTINEN. Mr. Speaker, I from Florida and Chairman of the Foreign Af- I urge my colleagues to support this ask unanimous consent that all Mem- fairs Committee, Ms. ROS-LEHTINEN, for her piece of legislation. bers may have 5 legislative days to re- leadership on this issue. Mr. FALEOMAVAEGA. Mr. Speaker, I rise vise and extend and to submit extra- H.R. 4240 reauthorizes the North Korean today in strong support of H.R. 4240, to reau- neous materials for the RECORD. Human Rights Act of 2004, along with some thorize the North Korean Human Rights Act of The SPEAKER pro tempore. Is there provisions that were included in the 2008 re- 2004, and for other purposes. First, I want to objection to the request of the gentle- authorization. This bill, like its predecessors, is thank House Foreign Affairs Chairwoman woman from Florida? the product of a broad, bipartisan consensus ILEANA ROS-LEHTINEN of Florida and Ranking There was no objection. regarding the atrocious human rights situation Member HOWARD BERMAN of California for Ms. ROS-LEHTINEN. Mr. Speaker, I in North Korea. their leadership on this very critical issue. I yield myself such time as I may con- This legislation continues to provide re- also want to thank all the cosponsors and sup- sume. sources to assist North Korean refugees, sup- porters of this legislation. This is an important I rise in support of H.R. 4240, the Am- port democracy and human rights programs, piece of legislation because of the humani- bassador James R. Lilley and Congress- and promote freedom of information in the tarian assistance the U.S. provides North Ko- man Stephen J. Solarz North Korea North. It also extends the Special Envoy for rean refugees and for the promotion of de- Human Rights Reauthorization Act of North Korean Human Rights Issues—a vital mocracy and freedom in North Korea. 2012. I would like to thank my co- position that plays a central role in advocating H.R. 4240, or the Ambassador James R. author and ranking member, my good for improved human rights in the North. Lilley and Congressman Stephen J. Solarz friend, Mr. BERMAN, and the dozens of As innocent men, women and children flee North Korea Human Rights Reauthorization bipartisan cosponsors who have joined the repressive North Korean regime at great Act of 2012, will allow the U.S. to continue to us to continue the important human personal risk, we have a moral obligation to work with foreign countries in the assistance rights work that Congress began 9 assist these refugees and prevent their forc- and migration of North Korean refugees to the years ago. ible repatriation. We must continue working U.S. It will also urge foreign countries, espe- The North Korean regime remains with our close ally South Korea, other friends cially China, to stop the punishment and return one of the world’s worst human rights in the region, and the human rights community of North Korean refugees. Importantly, H.R. abusers as the legacy of tyranny has to expose the horrendous abuses being com- 4240 will assist those who are providing hu- been passed on to a new generation. South Korea’s National Human mitted in the North. manitarian aid to North Koreans who are out- Rights Commission detailed, in a 380- Despite North Korea’s efforts to appear side of North Korea. page report released earlier this ‘‘strong and prosperous’’ this year to celebrate Given that the U.S. has one of the largest month, that Kim Jong-Un maintains the 100th birthday of the country’s founder, Korean populations outside of the Korean Pe- the same hellish gulag as his father vast numbers of its citizens continue to face ninsula with millions who have ties to North and grandfather before him. starvation. Sadly, the North Korean regime’s Korea, the U.S. must continue its firm commit- Hundreds of thousands of men, misguided priorities—pouring hundreds of mil- ment to the aid of refugees and advocacy of women, and children are forced into lions of dollars into its so-called space pro- human rights for the victims in North Korea. slave labor, starved, and tortured to gram, its nuclear programs and its massive Even after the death Kim Jong-Il, North Korea death in isolated camps. Even outside military—only underscore its cold-hearted cal- continues to deprive its people of the most the camps, the North Korean people lousness and blatant disregard for its own basic human rights. Both the international enjoy no freedoms of speech, religion, people. media and nongovernmental organizations press, or assembly. For the vast majority of North Koreans, life continue to report of the severe military crack- remains as bleak as ever, with the average down and brutal punishment for those who at- b 1740 citizen enjoying no real political, religious, or tempt to defect from North Korea. Officials crush any dissent and have personal freedoms. Hundreds of thousands of Although it is estimated that there are less reportedly authorized the on-the-spot North Korean political prisoners remain impris- than 200 North Korean refugees who have re- execution of those attempting to flee oned in gulags. settled in the U.S. since 2004, I strongly be- the country. Some North Koreans endeavor to escape lieve that we must empower the North Korean A regime that maims its own people their country by any means possible—even if people by continuing to promote democratic with impunity, cannot be trusted to it means crossing into China, where many ref- values and support of human rights programs. keep its agreements with foreigners. ugees are forced into prostitution and ser- On a personal note, I think it is only appro- Thus, solving the North Korean human vitude. Others are sent back across the border priate that this legislation is named in honor of rights issue is also an integral part of to face torture or even death. the late Ambassador Lilley and the late Con- addressing the North Korean security This bill calls on China to halt its forcible re- gressman Solarz who were the champions of threat. patriation of North Koreans and allow the human rights issues for the people of North

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\A15MY7.033 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2687 Koreans. I even had the privilege to work EXPRESSING SENSE OF HOUSE RE- (2) has characterized as the ‘‘most ac- closely with the late Congressman Solarz, who GARDING IMPORTANCE OF PRE- tive state sponsor of terrorism’’; was Chairman of the East Asian and Pacific VENTING IRAN FROM ACQUIRING Whereas Iran has provided weapons, train- Affairs, the same subcommittee of which I am A NUCLEAR WEAPONS CAPA- ing, funding, and direction to terrorist the Ranking Member today. I am grateful for BILITY groups, including Hamas, Hezbollah, and Shi- ite militias in Iraq that are responsible for his leadership and understanding of the Asia Ms. ROS-LEHTINEN. Mr. Speaker, I the murders of hundreds of American forces Pacific region. move to suspend the rules and agree to and innocent civilians; Just as Ambassador Lilley and Congress- the resolution (H. Res. 568) expressing Whereas, on July 28, 2011, the Department man Solarz worked hard to protect the human the sense of the House of Representa- of the Treasury charged that the Govern- rights of the North Korean people, we must re- tives regarding the importance of pre- ment of Iran had forged a ‘‘secret deal’’ with main vigilant in helping the people of North venting the Government of Iran from al Qaeda to facilitate the movement of al Korea who struggle daily to escape the op- acquiring a nuclear weapons capa- Qaeda fighters and funding through Iranian pression and tyranny of the North Korean re- bility, as amended. territory; gime. The Clerk read the title of the resolu- Whereas in October 2011, senior leaders of Iran’s Islamic Revolutionary Guard Corps Again, I thank Chairwoman ROS-LEHTINEN tion. (IRGC) Quds Force were implicated in a ter- and Ranking Member BERMAN for their leader- The text of the resolution is as fol- rorist plot to assassinate ’s Am- ship and I urge my colleagues to pass H.R. lows: bassador to the United States on United 4240. H. RES. 568 States soil; Mr. BERMAN. Mr. Speaker, I have no Whereas since at least the late 1980s, Iran Whereas, on December 26, 2011, the United further speakers. I yield back the bal- has engaged in a sustained and well-docu- Nations General Assembly passed a resolu- ance of my time. mented pattern of illicit and deceptive ac- tion denouncing the serious human rights tivities to acquire a nuclear capability; abuses occurring in Iran, including torture, Ms. ROS-LEHTINEN. Mr. Speaker, I Whereas the United Nations Security cruel and degrading treatment in detention, have no further requests for time. I Council has adopted multiple resolutions the targeting of human rights defenders, vio- yield back the balance of my time. since 2006 demanding the full and sustained lence against women, and ‘‘the systematic Mr. VAN HOLLEN. Mr. Speaker, I rise in suspension of all uranium enrichment-re- and serious restrictions on freedom of peace- support of H.R. 4240, the Ambassador James lated and reprocessing activities by the Ira- ful assembly’’, as well as severe restrictions R. Lilley and Congressman Stephen J. Solarz nian Government and its full cooperation on the rights to ‘‘freedom of thought, con- with the International Atomic Energy Agen- North Korean Human Rights Reauthorization science, religion or belief’’; cy (IAEA) on all outstanding issues related Whereas the Governments of the P5+1 na- Act of 2012. I commend Chairman ROS- to its nuclear activities, particularly those tions (the United States, the United King- LEHTINEN and Ranking Member BERMAN and concerning the possible military dimensions dom, , Russia, China, and Germany) the members of the House Foreign Affairs of its nuclear program; have made repeated efforts to engage the Ira- Committee for bringing this important measure Whereas Iran remains in violation of all of nian Government in dialogue about Iran’s to the floor. the aforementioned United Nations Security nuclear program and its international com- Ambassador Lilley, as director of the Com- Council resolutions; mitments under the Treaty on the Non-Pro- Whereas, on November 8, 2011, the IAEA mittee for Human Rights in North Korea and liferation Nuclear Weapons; issued an extensive report that— Whereas talks between the P5+1 and Iran Congressman Solarz, as chairman of the (1) documents ‘‘serious concerns regarding regarding Iran’s nuclear program resumed on House subcommittee on East Asia and later possible military dimensions to Iran’s nu- April 14, 2012, in Istanbul, , and the as co-chairman of the Committee on Human clear programme’’; (2) states that ‘‘Iran has carried out activi- parties agreed to meet again on May 23, 2012, Rights in North Korea, refused to stand by si- in Baghdad, Iraq; lently as the North Korean government op- ties relevant to the development of a nuclear device’’; and Whereas in the 2006 State of the Union Ad- pressed, abused and murdered its own peo- (3) states that the efforts described in para- dress, President Bush stated that ‘‘The Ira- ple. Their leadership and advocacy helped to graphs (1) and (2) may be ongoing; nian Government is defying the world with raise awareness about the deplorable condi- Whereas as of November 2008, Iran had pro- its nuclear ambitions, and the nations of the tions endured by the North Korean people, in- duced, according to the IAEA— world must not permit the Iranian regime to cluding the government’s practice of executing (1) approximately 630 kilograms of ura- gain nuclear weapons.’’; on-the-spot attempted defectors. nium-235 enriched to 3.5 percent; and Whereas, on March 31, 2010, President (2) no uranium-235 enriched to 20 percent; Obama stated that the ‘‘consequences of a This resolution encourages the United Whereas as of November 2011, Iran had pro- nuclear-armed Iran are unacceptable’’; States government to continue working with duced, according to the IAEA— Whereas in his State of the Union Address foreign governments and with the Peoples Re- (1) nearly 5,000 kilograms of uranium-235 on January 24, 2012, President Obama stated, public of China in particular, to help resettle enriched to 3.5 percent; and ‘‘Let there be no doubt: America is deter- refugees who escape North Korea. Addition- (2) 79.7 kilograms of uranium-235 enriched mined to prevent Iran from getting a nuclear ally, the bill recognizes the efforts undertaken to 20 percent; weapon, and I will take no options off the in North Korea by the Broadcasting Board of Whereas, on January 9, 2011, IAEA inspec- table to achieve that goal.’’; tors confirmed that the Iranian Government Governors and encourages the board to meet Whereas Secretary of Defense Panetta had begun enrichment activities at the stated, in December 2011, that it was unac- its goal of broadcasting 12 hours of daily radio Fordow site, including possibly enrichment transmissions into that country. ceptable for Iran to acquire nuclear weapons, of uranium-235 to 20 percent; reaffirmed that all options were on the table The United States has the largest inter- Whereas Iran has repeatedly refused re- to thwart Iran’s nuclear weapons efforts, and national refugee resettlement program in the quests by IAEA inspectors to visit its vowed that if the United States gets ‘‘intel- Parchin military facility, a suspected site of world. Since this Act was originally passed, ligence that they are proceeding with devel- Iranian activities related to testing of a nu- 128 North Koreans have been successfully re- oping a nuclear weapon then we will take clear weapon; whatever steps necessary to stop it’’; settled, including 23 in the last year. The suc- Whereas if Iran were successful in acquir- Whereas, on December 1, 2011, Deputy Sec- cess of this program is a fitting tribute to the ing a nuclear weapon capability, it would retary of State William J. Burns and Israeli memory and work of Ambassador Lilley and likely spur other countries in the region to Congressman Solarz. consider developing their own nuclear weap- Deputy Foreign Minister Daniel Ayalon issued a joint statement in Washington, DC, The SPEAKER pro tempore. The ons capabilities; Whereas, on December 6, 2011, Prince Turki which emphasized that ‘‘Iran is the greatest question is on the motion offered by challenge we face today in the Middle East’’ the gentlewoman from Florida (Ms. al- stated that if inter- national efforts to prevent Iran from obtain- and that ‘‘[c]ontinued efforts by the inter- ROS-LEHTINEN) that the House suspend ing nuclear weapons fail, ‘‘we must, as a national community are critical to bringing the rules and pass the bill, H.R. 4240, as duty to our country and people, look into all about change in Iranian behavior and pre- amended. options we are given, including obtaining venting Iran from developing a nuclear The question was taken; and (two- these weapons ourselves’’; weapons capability.’’; thirds being in the affirmative) the Whereas top Iranian leaders have repeat- Whereas the Department of Defense’s Jan- edly threatened the existence of the State of uary 2012 Strategic Guidance stated that rules were suspended and the bill, as United States defense efforts in the Middle amended, was passed. , pledging to ‘‘wipe Israel off the map’’; Whereas the Department of State— East would be aimed ‘‘to prevent Iran’s de- A motion to reconsider was laid on (1) has designated Iran as a ‘‘state sponsor velopment of a nuclear weapons capability the table. of terrorism’’ since 1984; and and counter its destabilizing policies’’;

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.023 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2688 CONGRESSIONAL RECORD — HOUSE May 15, 2012 Whereas, on March 4, 2012, President the type needed for nuclear arms-re- we have passed five bills expressing Obama stated that ‘‘Iran’s leaders should un- lated tests. This was based on informa- congressional support for this policy. derstand that I do not have a policy of con- tion from inside an Iranian military These bills have been supported by tainment; I have a policy to prevent Iran base. nearly every Member of the House. from obtaining a nuclear weapon.’’; and Whereas, on April 9, 2012, President Obama Iran remains the world’s leading The resolution before us today re- stated ‘‘[T]his continuing pursuit of nuclear state sponsor of terrorism, aiding mul- minds us, as well as the world, how weapons capability continues to be a major tiple groups, including Hezbollah and Iran has flaunted its flagrant disregard challenge.’’: Now, therefore, be it Hamas, which continue to destabilize for U.N. Security Council resolutions, Resolved, That the House of Representa- the Middle East and which are respon- is an active state sponsor of terrorism, tives— sible for the deaths of Americans. It has engaged in serious human rights (1) warns that time is limited to prevent was only a few months ago that U.S. abuses against its own citizens, and the Government of Iran from acquiring a nu- officials foiled a planned attack on plotted a heinous terrorist attack on clear weapons capability; (2) urges continued and increasing eco- U.S. soil that was commissioned by the American soil. nomic and diplomatic pressure on Iran to se- Iranian regime, and the Iranian regime This resolution also reminds us of cure an agreement with the Government of is believed to have been behind the at- the urgency, as well as the seriousness, Iran that includes— tacks against Israeli Embassies that of the nuclear issue. And so, as the (A) the full and sustained suspension of all took place earlier this year. window is closing, we send a clear mes- uranium enrichment-related and reprocess- I have much more to say, Mr. Speak- sage that the House is aligned with the ing activities; er, but at this time I will reserve the administration in thoroughly rejecting (B) complete cooperation with the IAEA on balance of my time. containment, a policy that would have all outstanding questions related to Iran’s Mr. BERMAN. Mr. Speaker, I rise in nuclear activities, including— us sit back and watch Iran get the (i) the implementation of the Additional strong support of H. Res. 568, express- bomb, then try to contain it as we con- Protocol to the Treaty on the Non-Prolifera- ing the sense of the House of Rep- tained the . tion of Nuclear Weapons; and resentatives regarding the importance The SPEAKER pro tempore. The (ii) the verified end of Iran’s ballistic mis- of preventing the Government of Iran time of the gentleman has expired. sile programs; and from acquiring a nuclear weapons capa- Mr. BERMAN. I yield myself an addi- (C) a permanent agreement that verifiably bility, and yield myself 3 minutes. tional 30 seconds. assures that Iran’s nuclear program is en- Mr. Speaker, this resolution is ex- In fact, we have no choice but to stop tirely peaceful; tremely timely, as next week the five Iran’s nuclear weapons program before (3) expresses support for the universal permanent members of the U.N. Secu- rights and democratic aspirations of the Ira- it ever reaches that point. nian people; rity Council and Germany will once Mr. Speaker, I urge all of my col- (4) affirms that it is a vital national inter- again sit down with Iran to negotiate leagues to support this important reso- est of the United States to prevent the Gov- secession of Iran’s nuclear weapons lution. I reserve the balance of my ernment of Iran from acquiring a nuclear program. What better time for this time. weapons capability; body to send an unambiguous message Ms. ROS-LEHTINEN. Mr. Speaker, I (5) strongly supports United States policy that Iran must never be allowed to yield myself such time as I may con- to prevent the Government of Iran from ac- achieve a nuclear weapons capability sume. quiring a nuclear weapons capability; and that its nuclear weapons program (6) rejects any policy that would rely on ef- Mr. Speaker, as we know, Iran con- forts to contain a nuclear weapons-capable must end once and for all? That’s ex- tinues to sponsor violent extremist Iran; and actly what this resolution does. groups in Iraq and Afghanistan that (7) urges the President to reaffirm the The United States must continue to have killed our men and women in uni- unacceptability of an Iran with nuclear- take the lead in preventing Iran from form. With a nuclear weapons capa- weapons capability and opposition to any obtaining the capability to build a nu- bility, the regime would dramatically policy that would rely on containment as an clear weapon. If Iran were to achieve increase its ability to threaten the option in response to the Iranian nuclear that capability, neighbors like Saudi United States and our allies. threat. Arabia and would want that ca- We are running out of time to stop The SPEAKER pro tempore. Pursu- pability as well. Others in the region the nightmare of a nuclear weapons-ca- ant to the rule, the gentlewoman from would begin to defer to Iran as if it al- pable Iran from becoming a reality. Es- Florida (Ms. ROS-LEHTINEN) and the ready were a nuclear power. And worst timates from the U.S. and Israeli offi- gentleman from California (Mr. BER- of all, once Iran acquires the capa- cials indicate that Iran could develop MAN) each will control 20 minutes. bility, it would be able to build an ac- nuclear weapons in less than 1 year. The Chair recognizes the gentle- tual nuclear weapon so quickly that we And even before the regime actually woman from Florida. may not be able to stop it. develops nuclear weapons, Iran may GENERAL LEAVE Stopping Iran from acquiring a nu- enter into what the Israeli Defense Ms. ROS-LEHTINEN. Mr. Speaker, I clear weapons capability is not simply Minister calls a ‘‘zone of immunity,’’ ask unanimous consent that all Mem- an American priority, but a global re- and after that point we would have bers may have 5 legislative days to re- sponsibility. very few options left to actually stop vise and extend and to submit extra- I want to be straightforward about Iran from going nuclear. neous materials for the RECORD. my view. A regime that brutalizes its Right now, the regime is doing all it The SPEAKER pro tempore. Is there own people, trains, arms, and dis- can to run down the clock and enter objection to the request of the gentle- patches terrorist proxies, props up the that zone of immunity. The most re- woman from Florida? repugnant Assad dictatorship, denies cent set of negotiations are just an- There was no objection. the Holocaust, and incites violence other way for Iran to hold off Western Ms. ROS-LEHTINEN. I yield myself against and kills Americans should sanctions and buy more time to further such time as I may consume. never be allowed to reach the nuclear their capabilities. Mr. Speaker, I rise in strong support threshold. of House Resolution 568, which I intro- The urgent nature of the Iranian nu- b 1750 duced, together with the distinguished clear threat demands that the United We need to stop the regime before it ranking member of the committee, the States work with our allies to do ev- possesses the capability to develop nu- gentleman from California (Mr. BER- erything possible diplomatically, po- clear weapons, not before it makes a MAN), my friend. litically, and economically to prevent decision to develop nuclear weapons, The Iranian regime continues to pose Iran from acquiring a nuclear weapons because we may not know that they an immediate and growing threat to capability. No option, as the President have actually made that decision until the United States, to our allies, and to has said, can be taken off the table. it is too late. Once that regime enters the Iranian people. In fact, just over Mr. Speaker, the policy of preventing into the zone of immunity, it can de- the weekend, it was reported that the Iran from obtaining a nuclear weapons cide at any time to develop nuclear IAEA discovered a drawing that shows capability is not unfamiliar to the weapons, and we would probably not be an explosive containment chamber of House of Representatives. Since 2009, able to stop them.

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.034 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2689 With that, Mr. Speaker, I reserve the MAN, on their strong and unwavering Congress on record as opposing a diplo- balance of my time. leadership on this critically important matic solution, paving the way toward Mr. BERMAN. Mr. Speaker, I am issue to the national security of the war with Iran. In the past, Congress pleased to yield 2 minutes to the mi- United States of America and to inter- has rejected its power to declare war, nority whip, my friend from Maryland national and global security as well. and now we want to tell the President (Mr. HOYER). Ms. ROS-LEHTINEN. Mr. Speaker, I that he can’t declare diplomacy. Con- Mr. HOYER. I thank the gentleman yield myself such time as I may con- gress must reject resolutions that for yielding. sume. could lead the U.S. into yet another Mr. Speaker, the gentleman from For the Iranian regime, the posses- disastrous and costly war and tie the California has been a leader on this sion of the capability to produce a nu- President’s hands as he endeavors for a issue as has the chair of the com- clear weapon would be almost as useful peaceful solution. mittee, ILEANA ROS-LEHTINEN. Rep- as actually having one. Tehran would Have we not lost enough of our brave resentative BERMAN has been a leader be able to intimidate its neighbors and men and women to causes that are not in Congress when it comes to remind- engage in even more threatening ac- in the interests of the U.S.? ing us of how important it is to prevent tions by reminding us that they could H. Res. 568 lowers the bar for war by the rise in nuclear war and a nuclear- develop nuclear weapons anytime the changing longstanding U.S. policy that armed Iran. We are fortunate as a regime wanted. Tehran might even de- Iran must not acquire nuclear weapons country to have a partnership between cide not to reveal whether or not it had by, instead, drawing the red line for the chair and the ranking member fo- developed nuclear weapons, thereby military action at Iran’s achieving a cused like a laser on this issue. So I keeping the world guessing and off bal- nuclear-weapons capability. The term thank my friend, Mr. BERMAN, and my ance indefinitely, all while claiming in- ‘‘capability’’ is undefined in the under- friend, ILEANA ROS-LEHTINEN. Mr. BER- nocence. Tehran would be in the driv- lying resolution, and it could be ap- MAN has also been instrumental in se- er’s seat, and the security of the plied to any country with a civilian nu- curing funding for the deployment of United States, Israel, and our many clear program, including Japan and the Iron Dome anti-missile system to other allies would be in their hands. Brazil. This resolution, therefore, sets counter the threat from Iranian-sup- We need to make clear that con- a precedent which could cause us to plied short-range rockets in the hands taining a nuclear Iran is not an option, stumble from one war into another. of terror groups like Hamas and that nothing short of stopping Iran And, what, we haven’t had enough Hezbollah. from developing a nuclear-weapons ca- wars? I rise in strong support of the chair pability is good enough. So that is why Not all enrichment is devoted to and ranking member’s resolution, and I Ranking Member BERMAN and I have building bombs. This resolution marks am proud to be a cosponsor with them introduced the resolution before us, a significant shift in U.S. policy that of the resolution. House Resolution 568, which strongly could threaten critical upcoming nego- The most significant threat to peace, supports preventing the Iranian regime tiations with Iran on May 23. It is like- regional security, and American inter- from acquiring a nuclear-weapons ca- ly that a negotiated deal to prevent a ests in the Middle East is Iran’s nu- pability. It rejects any policy that nuclear-armed Iran would provide for clear program. This resolution makes would rely on efforts to contain a nu- Iranian enrichment for peaceful pur- clear that it is in America’s security clear weapons-capable Iran. It supports poses, under the framework of the non- interest not to contain a nuclear Iran, the right and democratic aspirations of proliferation nuclear weapons treaty, but to prevent one. A nuclear Iran the Iranian people. Lastly, it urges the with strict safeguards and inspections. would destabilize an already volatile President to reaffirm the I want to point out, in conclusion, region where so many American troops unacceptability of an Iran with a nu- that Yuval Diskin, the former Shin Bet are stationed—and a region so vital to clear-weapons capability and to oppose chief, has stated that attacking Iran the world’s energy supplies. any policy that would rely on contain- will encourage them to develop a Iran continues to be a sponsor of ment as an option. groups committed to the destruction of With that, Mr. Speaker, I reserve the bomb. our ally Israel and of groups that balance of my time. Meir Dagan, the former Mossad chief, threaten Americans throughout the Mr. BERMAN. I am very pleased to echoed his sentiment by saying: world. Iran is believed to be pursuing yield 3 minutes to the gentleman from Attacking Iran is the stupidest thing I’ve not only a nuclear capability but also Ohio (Mr. KUCINICH). ever heard of. It will be followed by a war delivery technologies that could Mr. KUCINICH. I thank my friend with Iran. It’s the kind of thing where we from California, but, unfortunately, I know how it starts but not know how it will threaten our allies in Europe and the end. Middle East as well as American assets must disagree with him. in the region. This resolution contains broad and I think our diplomacy is having an Thankfully, the Obama administra- dangerous language that would under- effect, said General Martin Dempsey, tion has taken a strong lead in con- mine any diplomatic solution regard- Chairman of the Joint Chiefs of Staff. fronting Iran. President Obama has ing Iran’s nuclear program. Without Ms. ROS-LEHTINEN. I yield myself built a wide coalition of support that explicit language stating there is no such time as I may consume. has imposed the strongest sanctions authorization for military action, this This resolution reaffirms the position Iran has ever faced. In particular, we could be interpreted as a blank check of the House with respect to U.S. pol- are hitting the Iranian Government for war. Former Secretary of State icy on Iran’s nuclear program. Efforts where it hurts most—its oil exports Colin Powell’s chief of staff, Colonel to misrepresent this resolution really and its banking sector. From the very Lawrence Wilkerson, stated: distract from the real problem, which start, his policy has been not contain- This resolution reads like the same piece is the increasing threat posed by Iran’s ment but prevention. of music that got us into the . nuclear program and the need to pre- The SPEAKER pro tempore. The Did not Congress learn anything vent Iran from obtaining a nuclear time of the gentleman has expired. from being hustled into a war based on weapons capability. Mr. BERMAN. I yield the gentleman misrepresentations? Tehran has repeatedly lied to the an additional 30 seconds. At a time when the U.S. is engaging world about its secret nuclear activi- Mr. HOYER. This resolution reaf- in its first successful direct talks with ties; Tehran has violated international firms the administration’s prevention Iran in years, it is more critical than nonproliferation obligations; and it has policy, and I urge my colleagues to ever for Congress to support these ne- repeatedly threatened to destroy our pass it as a strong sign that Iran must gotiations. Even if language were ally Israel. not be allowed to obtain a nuclear added to H. Res. 568 to make it abso- Just earlier this year, Ayatollah weapon. lutely clear that this bill does not con- Khamenei said: Again, in closing, I want to congratu- stitute an authorization for war and The truly cancerous Israel must be de- late the chair, ILEANA ROS-LEHTINEN, that only Congress can make such an stroyed in the region, and this will without and the ranking member, HOWARD BER- authorization, it still puts Members of doubt come to fruition.

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.046 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2690 CONGRESSIONAL RECORD — HOUSE May 15, 2012 b 1800 countries in the region to also build clauses, especially clauses 4 through 7, It is abundantly clear that Iran can- their own nuclear program. which are of some concern to me, but not be trusted with uranium enrich- With that, Mr. Speaker, I want to as- I’m interested in hearing from you. ment or any component of the nuclear sociate myself with the eloquent state- In your view, does this resolution in program. Even the U.N. Security Coun- ments made earlier by our good chair- any way constitute an authorization cil resolutions have demanded that man, Chairman ROS-LEHTINEN, and my for the use of military force? Mr. BERMAN. Will the gentlelady Iran stop all uranium enrichment and good friend, Ranking Member BERMAN. Mr. Speaker, I rise today in support of H. yield? reprocessing. Ms. EDWARDS. I yield to the gen- Unless compelled to change course, Res. 568, expressing the sense of the House tleman from California. Iran will soon have all of the basic of Representatives regarding the importance of preventing the Government of Iran from ac- Mr. BERMAN. Absolutely not. This components or capabilities to produce resolution is no way intended and in no a nuclear weapon. The only thing that quiring a nuclear weapons capability. I want to thank House Foreign Affairs Chairwoman way can it be interpreted as an author- would be left for them to do will be to ization for the use of military force. It ILEANA ROS-LEHTINEN of Florida and Ranking put the pieces together. is a nonbinding resolution that en- Member HOWARD BERMAN of California for According to the International dorses a diplomatic resolution to the Atomic Energy Agency, Iran is expand- their leadership on this very important matter. I also want to thank all the cosponsors and Iranian nuclear program. It includes no ing its stockpiles of uranium, advanc- operative authorizations regarding the ing its missile capabilities, and bury- supporters of this critical resolution. H. Res. 568 reiterates the United States pol- use of force. ing and hiding its nuclear infrastruc- The SPEAKER pro tempore. The icy against the Government of Iran from ever ture. As if that were not enough, the time of the gentlewoman from Mary- acquiring nuclear arms capability and ex- smoking gun in the IAEA’s November land has expired. 2011 report was that Iran carried out, presses the U.S.’s strong support for ensuring Ms. ROS-LEHTINEN. Mr. Speaker, I ‘‘work on the development of an indige- that the universal rights and aspirations for de- yield myself such time as I may con- nous design of a nuclear weapon, in- mocracy of the Iranian people are protected. sume. cluding the testing of components.’’ In It is imperative that the U.S. and the inter- Some may put forth the argument addition, the IAEA uncovered evidence national community understand that a nuclear- that this resolution undermines and that Iran was attempting to minia- capable Iran is a global threat and a danger threatens the ongoing P5+1 negotia- turize a warhead to fit on top of a bal- to the U.S. and just as important to the State tions. The truth is, Mr. Speaker, that listic missile. of Israel where Iranian leaders have continued the Iranian regime is using these nego- As we fast-forward to this weekend, to threaten Israel’s existence by pledging that tiations as a way to buy time and con- drawings were revealed showing a se- Israel must be ‘‘wiped off the map.’’ This is a tinue enrichment without any addi- cret chamber at an Iranian military fa- direct threat to our closest ally in the Middle tional sanctions. cility of the type needed for nuclear East. Iran’s reckless attitude continues to be a Time and again, the United States weapons testing. Again, the regime is stimulus for instability in the Middle East. My has come to the table with Iran, made building up its capacities on all fronts. greatest fear is that a nuclear-capable Iran will concession after concession, and left When it has mastered all of these, cause other countries in the region to build with nothing in return. In one example, Tehran would be able to intimidate its their own nuclear weapons. last month, the Los Angeles Times re- neighbors and engage in even more The United Nations Security Council has ported that U.S. officials are now will- threatening actions, always with the passed many resolutions demanding the sus- ing to let Iran continue enriching ura- threat that it could flip the switch and pension of Iran’s nuclear program but it has nium, even though multiple U.N. Secu- produce nuclear weapons at any time. fallen on deaf ears. In 2011, the International rity Council resolutions demand that At that point, the U.S. and other re- Atomic Energy Agency (IAEA) has reported Iran immediately halt uranium enrich- sponsible nations would have no other that Iran’s nuclear program was suspected of ment. And today’s New York Times in- option but to sit in fear of this nuclear- having ‘‘possible military dimensions’’ in their cluded a report, entitled, ‘‘Iran Sees armed state sponsor of terrorism. program and that Iran has continued to enrich Success in Stalling on Nuclear Issue,’’ We must reaffirm our commitment to uranium to levels that are capable of building and the report states: adoption of this resolution and strong- a nuclear weapon. Iran’s negotiation team may be less inter- er sanctions legislation to prevent this The U.S. and our international community ested in reaching a comprehensive settle- doomsday scenario from becoming a re- must continue to enforce economic and polit- ment than in buying time and establishing ality. ical sanctions on Iran. I certainly commend the legitimacy of its enrichment program. With that, I reserve the balance of President Obama and his Administration for I couldn’t say it better. It’s time to my time. maintaining his position in not ‘‘taking any op- stop glorifying negotiations for the Mr. BERMAN. Mr. Speaker, I am tions off the table’’ in preventing Iran from ever sake of negotiations. This resolution very pleased to yield 1 minute to the having a nuclear weapon. The Administration strengthens the U.S. position and our Delegate from American Samoa, the must continue to pressure Iran to agree in leverage. ranking member of the Asia and the having full and complete cooperation with the With that, I reserve the balance of Pacific Subcommittee of the House IAEA in addressing concerns relating to their our time. Foreign Affairs Committee, Mr. nuclear activities. Mr. BERMAN. I am pleased to yield 1 FALEOMAVAEGA. I thank Chairwoman ROS-LEHTINEN and minute to a member of the Foreign Af- (Mr. FALEOMAVAEGA asked and Ranking Member BERMAN again for their lead- fairs Committee, my friend from Flor- was given permission to revise and ex- ership and I urge my colleagues to pass H. ida (Mr. DEUTCH). tend his remarks.) Res. 568. Mr. DEUTCH. Mr. Speaker, I thank Mr. FALEOMAVAEGA. Mr. Speaker, Ms. ROS-LEHTINEN. Mr. Speaker, I the gentleman from California, and I it is imperative that the United States continue to reserve the balance of my rise today in strong support of House and the international community un- time. Resolution 568, a resolution making derstand that a nuclear-capable Iran is Mr. BERMAN. Mr. Speaker, I am clear that the United States’ policy to- a global threat and a danger to the very pleased to yield 1 minute to the wards Iran is not one of containment United States and, just as important, gentlelady from Maryland (Ms. but is one of prevention. to the State of Israel, where Iranian EDWARDS). I’m pleased to have co-introduced leaders have continued to threaten Ms. EDWARDS. Thank you, Ranking this resolution with a bipartisan group Israel’s existence by pledging that Member BERMAN, for yielding the time. of colleagues, including the chair, Ms. Israel must be wiped off the map. This I would like to engage the gentleman ROS-LEHTINEN. is a direct threat to our closest ally in in a colloquy. Indeed, this Congress, this adminis- the Middle East. After reading the resolution and tration, and this President understand Iran’s reckless attitude continues to studying it, I just have a couple of that failing to prevent a nuclear-armed be a stimulus for the instability in the questions that I would ask that you Iran would ignite a destabilizing arms Middle East. My greatest fear is that a clarify your understanding about the race in the Middle East, would threat- nuclear-capable Iran will cause other resolution, and that is the resolved en the very existence of our ally Israel,

VerDate Mar 15 2010 04:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.048 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2691 and would endanger the security of the but we should use, and the world is trade significantly constricted. Their American people. united in using, economic and diplo- economy is being battered, their cur- As Iran faces growing international matic pressure. This does not preclude rency in free-fall. isolation, now is not the time to roll diplomatic resolution. In fact, it makes The President has assembled the back crippling economic sanctions, nor diplomatic resolution more possible. broadest coalition we have seen uniting should we fall victim to this regime’s Of course, ultimately, Iran should de- behind this diplomatic effort. We have penchant of hiding behind the pretense cide that it’s not in her people’s inter- had a range of people in the past who of negotiations simply to buy more est for Iran to pursue nuclear weapons. have been, I think, too sympathetic to time. With this resolution, we will send And we and all nuclear powers should Iran or at least have not stood up to a message to Iran’s regime and to the stop behaving as if we think nuclear them. But they are falling in place world that the U.S. will accept nothing weapons are beneficial for a country. with us. less than a strict policy of prevention This resolution will help move us in Now we are on the verge of what when it comes to this regime’s illicit that direction. hopefully will be encouraging diplo- quest for nuclear weapons. Mr. BERMAN. Mr. Speaker, could we matic efforts scheduled to start next Ms. ROS-LEHTINEN. Mr. Speaker, I get an indication of the time remain- week. The resolution claims to support reserve the balance of my time to close ing on both sides? an endorsed diplomacy but, in fact, the on the resolution. The SPEAKER pro tempore. The gen- timing and the wording undercuts that. Mr. BERMAN. Mr. Speaker, I do have tleman from California controls 6 min- Now is the time that we ought to be a few more speakers. utes, and the gentlewoman from Flor- united and we ought to be focused. We I am now pleased to yield 1 minute to ida controls 10 minutes. ought to make sure that we have a the ranking member of the Europe and Mr. BERMAN. I thank the Speaker. positive environment to seize on the Eurasia Subcommittee of the House I yield 11⁄2 minutes to the other ex- pain that is being inflicted on the re- Foreign Affairs Committee, the gen- pert from (Mr. ANDREWS). gime, to be able to capitalize on the co- tleman from New York (Mr. MEEKS). (Mr. ANDREWS asked and was given alition and be able to make progress. Mr. MEEKS. Mr. Speaker, I rise permission to revise and extend his re- Instead, we have a resolution—and today in support of H. Res. 568. This marks.) these concepts have been bandied about resolution supports President Obama’s Mr. ANDREWS. Mr. Speaker, I would now for several months—but we have a policy towards Iran. like to thank Chairwoman ROS- resolution that’s rushed to the House As the President stated during the LEHTINEN and Ranking Member BER- floor, unsettlingly timed before the ne- AIPAC annual convention in March: MAN for bringing this resolution for- gotiations. Iran’s leaders should understand that I do ward. I regret but do not doubt its ne- It never had a hearing. It never had a not have a policy of containment; I have a cessity. markup. There was no opportunity to policy to prevent Iran from obtaining a nu- The issue raised in this resolution is find out what, actually, the implica- clear weapon. not whether we are authorizing war— tions are of changing a standard from President’s Obama’s commitment to because we clearly are not. The issue is preventing Iran from ‘‘acquiring’’ nu- Israel’s security is ironclad. America not whether the President would have clear weapons to preventing Iran from has stood with Israel under this admin- to come to this Chamber—any Presi- ‘‘obtaining’’ a nuclear weapons capa- istration which has facilitated unprece- dent—should he conclude that war is bility. These are not small matters, dented levels of security assistance for necessary—because he clearly would. and they bear on the ultimate success Israel, increasing every single year, The issue in this resolution is not of our coalition, the diplomacy, be- even in a tough domestic budget envi- whether we should conduct negotia- cause every expert has concluded that ronment. Above all, President Obama tions but how we should conduct nego- an armed intervention, a military at- has directed his administration to pre- tiations. And this resolution gives us tack against Iran would be disastrous vent—not merely contain—Iran achiev- an emphatic opportunity to say that for all involved. And my colleague ing nuclear weapons capability. when we are negotiating with a coun- from Ohio quoted people from the I urge my colleagues to vote in favor try that has conceived its nuclear Israeli Government who are convinced of this resolution, supporting the weapons program in secret, that has that military action would be folly. President’s position and affirming that brandished its nuclear weapons pro- But the point is, we shouldn’t be at the U.S.-Israel relationship is too im- gram with the rhetoric of hostility, this point. We shouldn’t be casting a portant to be distorted by politics. and for whom the attainment of a nu- cloud over the negotiations. It’s unnec- I thank Chairman ROS-LEHTINEN and clear weapon would be fraught with essary. It’s nonproductive. I would urge Ranking Member HOWARD BERMAN for peril for free people everywhere, then a ‘‘no’’ vote. bringing us together in a united way in the context of that negotiation, our Mr. BERMAN. Mr. Speaker, I yield and passing this resolution. position must be that we will not sup- myself the remainder of my time. Mr. BERMAN. Mr. Speaker, I am port or stand for an Iran with nuclear Ms. EDWARDS. Will the gentleman pleased to yield 1 minute to the gen- weapons. yield? tleman from New Jersey, an individual This is the issue. I would urge a Mr. BERMAN. I yield to the gentle- who knows a lot about this subject, Mr. ‘‘yes’’ vote. And, again, I thank the lady from Maryland. HOLT. chair and the ranking member for their Ms. EDWARDS. Mr. Speaker, if I patriotic and unified leadership on this could just ask the ranking member b 1810 question. whether, under this resolution, the Mr. HOLT. Mr. Speaker, I thank the Mr. BERMAN. Mr. Speaker, I am President would be required to come to ranking member. pleased to yield 3 minutes to my friend the Congress for a specific authoriza- The threat of nuclear proliferation is from Oregon (Mr. BLUMENAUER). tion for the use of military force. the greatest threat to world peace. A Mr. BLUMENAUER. I appreciate the Mr. BERMAN. I thank the gentle- nuclear Iran would destabilize the re- gentleman’s courtesy in permitting me woman for the inquiry. gion and threaten the United States to speak on this. The President is the Commander in and our allies. This is no dispute in this Chamber Chief. There is no authorization for the This resolution is not an authoriza- that a nuclear armed Iran is com- use of force. tion for military force. It is not a call pletely unacceptable. That’s why it Contrary to what was said earlier by for war. I would not support this reso- was so encouraging to hear the Demo- my friend from Ohio, whatever one lution if it were. cratic whip say with assurance—and I thought about the decision to go to Our shared goal must be to persuade think we all agree—that we are hitting war in Iraq, 5 months before that, Con- Iran to end its nuclear weapons pro- Iran where it hurts the most. gress very explicitly provided an au- gram. That’s President Obama’s pur- The news this weekend was filled thorization for the use of force. There pose in agreeing to negotiations. with accounts of ‘‘dark’’ ships of oil is nothing in this resolution, and there That’s our purpose here. The world tankers of Iran that are unable to de- is no intention in this resolution, to does not have many tools available, liver oil. They are having their oil provide that authorization.

VerDate Mar 15 2010 04:59 May 16, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.049 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2692 CONGRESSIONAL RECORD — HOUSE May 15, 2012 Nuclear weapons capability—there and reprocessing activities by Iran and its co- map,’’ and I urge my colleagues not to take are three elements, as defined by the operation with the IAEA on all nuclear activi- this threat lightly. The United States has a Director of National Intelligence: ties, including the possible militarization of its demonstrated history of supporting democ- fissile material production, one. De- nuclear program. racy, human rights, and peace throughout the sign, weaponization, and testing of a The IAEA’s extensive report documents ‘‘se- Middle East. A nuclear arms race would be an warhead, two. A delivery vehicle. To be rious concerns’’ regarding military dimensions affront to this ideal. nuclear-capable, you really have to to Iran’s nuclear activity in hopes of devel- Mr. Speaker, I also stand with the people of have to master all three elements. oping a nuclear device. Iran and strongly advocate for their rights and While Iran has the delivery system, If Iran is successful in acquiring a nuclear security. The United Nations’ General Assem- they have not yet mastered—but they weapon capability, it will force other countries bly has condemned Iran for failing to meet are making progress—on steps one and in the region to consider developing their own international human rights standards and ex- two. And if one day, when they’ve mas- nuclear capabilities; notably, Saudi Arabia. pressed concern over a high frequency of exe- tered all the other elements and they Iranian leaders have previously threatened cutions and violations of minority groups’ kick out the inspectors and they shut the existence of Israel, pledging to ‘‘wipe rights. As the United States exercises sanc- off the cameras, I will consider them Israel off the map’’ and since 1984 Iran has tions against Tehran, I would like to highlight nuclear-capable. been recognized by the State Department as the message that we are not seeking to pun- This is about achieving a goal an active sponsor of terrorism. ish the Iranian people and that we wish for through economic sanctions rigorously I feel just as President Obama has pre- them a responsive and stable government. applied to achieve a diplomatic resolu- viously stated, ‘‘that the consequences of a Mr. Speaker, we cannot afford to watch this tion. It is the perfect time to bring up nuclear-armed Iran are unacceptable’’ and we situation continue to escalate while we sit idly this resolution. are determined to prevent Iran from getting a by. President Obama, Secretary of Defense I yield back the balance of my time. nuclear weapon. Panetta, and other American leaders have Ms. ROS-LEHTINEN. Mr. Speaker, I Our Congress must stand in one voice and united and pledged to prevent Iran’s nuclear yield myself such time as I may con- prevent Iran from acquiring a nuclear weapons weapons capability at any cost. I am proud to sume. capability. be a cosponsor of H. Res 568 and hope that Just 2 months ago, President Obama I ask my colleagues to join me in con- Congress can also unite to become another extended the national emergency, as demning Iran’s nuclear ambitions and vote in powerful voice against Iranian aggression. we heard, with respect to Iran, declar- favor of H. Res. 568. Ms. JACKSON LEE of Texas. Mr. Speaker, ing that the regime’s activities pose Mr. GENE GREEN of Texas. Mr. Speaker, I rise today to support H. Res. 568, ‘‘Express- ‘‘an unusual and extraordinary threat I rise today in strong support of H. Res. 568, ing the sense of the House of Representatives to the national security, foreign policy, a bipartisan resolution affirming that it is our regarding the importance of preventing the and economy of the United States.’’ nation’s policy to prevent Iran from acquiring Government of Iran from acquiring a nuclear Well, this resolution is an important nuclear weapons capability and emphasize weapons capability.’’ This measure affirms that statement, clarifying congressional that containment is not a viable option. it is vital to our national interest to prevent Iran commitment to countering the Iranian Iran is developing the capability to quickly from acquiring weapons of mass destruction. It threat. However, our focus must be on produce a nuclear weapon at a time of its also makes clear that our time is limited and rapidly and dramatically ratcheting up choosing. Iran’s acquisition of such a capa- we must act to prevent Iran from acquiring full sanctions, without the glaring excep- bility would create a significant new regional nuclear weapons capability. As a Ranking tions that we now have, in order to put danger and be an immediate threat to Amer- Member of the Homeland Security Sub- our boot on the throat of this dan- ica’s interest and allies in the Middle East. committee on Transportation Security, I am gerous regime. A nuclear Iran would most likely trigger an well versed in the dangers posed by allowing arms race in the region that could de-stabilize countries who are against our interests to gain b 1820 an already fragile peace and threaten the nuclear weapons. I have always been and will We must compel the Iranian regime global economy. continue to be concerned for the average cit- to permanently and verifiably dis- It is imperative that our nation continue to izen of Iran. This measure is not a reflection mantle its nuclear program, abandon strengthen existing diplomatic and economic of the will of the average Iranian but a reflec- its unconventional and missile develop- pressure on Iran and force it to change course tion of the government which currently rep- ment programs, and end its support for before it is too late. resents them. H. Res. 568 represents our violent extremism. We do not want to Ms. RICHARDSON. Mr. Speaker, I rise commitment to national security. look back, Mr. Speaker, and wish that today in strong support of H. Res. 568, ‘‘Ex- The United States of America should in- we had heeded the warning signs. pressing the sense of the House of Rep- crease economic and diplomatic pressure on We anxiously await the other body’s resentatives regarding the importance of pre- Iran to secure an agreement that includes: (1) strengthening and passage of com- venting the Government of Iran from acquiring the suspension of all uranium enrichment-re- panion legislation to the measures that a nuclear weapons capability.’’ As a member lated and reprocessing activities, (2) ensures the House passed months ago. We must of the Homeland Security Committee and a Iran’s complete cooperation with the Inter- meet our responsibility to the Amer- proud cosponsor of this resolution, I believe it national Atomic Energy Agency, IAEA, regard- ican people and protect the security of is of critical importance to American security to ing their nuclear activities, and (3) a perma- our Nation, our allies, and the world continue dialogue with Iran. However, we must nent agreement that verifiably assures that from this threat of a nuclear capable also take a clear stance that the United States Iran’s nuclear program is entirely peaceful. Iran. will take the necessary steps to prevent Iran I support the Iranian people’s universal With that, Mr. Speaker, I yield back from obtaining nuclear weapons. human rights and access to inclusive, demo- the balance of my time. H. Res. 568 rejects the possibility of con- cratic representation. H. Res. 568 urges the Mr. BACA. Mr. Speaker, I rise today to taining a nuclear Iran. If Iran is able to develop President to reaffirm the unacceptability of an voice my strong support for H. Res. 568. nuclear weapons, Tehran will be able to lever- Iran that has nuclear weapons capability. This This hi-partisan resolution signifies the im- age its new capabilities to secure its own piece of legislation calls for enforcing tougher portance of preventing the Government of Iran agenda at the expense of broader American sanctions against Iran. Iran has been involved from acquiring a nuclear weapons capability. interests. Such a program would also likely in the proliferation of weapons of mass de- I want to thank my friend from Florida, Con- spur other Middle Eastern countries to develop struction, whether they are nuclear or chem- gresswoman ILEANA ROS-LEHTINEN, for intro- their own nuclear capabilities, leading to an ical or biological. ducing this resolution. arms race and massive instability. The devel- This timely piece of legislation addresses For over 20 years Iran has engaged in a opment of these weapons is not just bad for the need for the U.S. to take a strong stance sustained and well-documented pattern of de- the region. It is dangerous to the global com- against the aggressive and hostile behavior of ceptive activities to acquire a nuclear capa- munity. these three countries. These governments are bility outside of what can be considered for The United States has always maintained a not our friends. We must not underestimate peaceful use. strong relationship with the State of Israel and their ability to manufacture nuclear weapons. The UN Security Council has adopted a is committed to its security and prosperity. I The government of Iran, under its president number of resolutions since 2006 demanding was particularly alarmed to hear of top Iranian and leader, Mahmoud Ahmadinejad, has pur- the suspension of uranium enrichment-related officials threatening to ‘‘wipe Israel off the sued policies undermining democracy and

VerDate Mar 15 2010 03:29 May 16, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\K15MY7.051 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2693 threatening regional security as well as our The question was taken. tion to suspend the rules and pass the own national security. The SPEAKER pro tempore. In the bill (H.R. 365) to encourage, enhance, Iran’s actions regarding its nuclear program opinion of the Chair, two-thirds being and integrate Blue Alert plans have been highly troublesome. Investigations in the affirmative, the ayes have it. throughout the United States in order conducted by the U.N.’s International Atomic Ms. ROS-LEHTINEN. Mr. Speaker, to disseminate information when a law Energy Agency, IAEA, have revealed that Iran on that I demand the yeas and nays. enforcement officer is seriously injured has been in violation of the Nuclear Non-pro- The yeas and nays were ordered. or killed in the line of duty, as amend- liferation Treaty time and time again. In 2003, The SPEAKER pro tempore. Pursu- ed, on which the yeas and nays were or- Iran confirmed that there are sites in the cities ant to clause 8 of rule XX, further pro- dered. of Natanz and Arak that are under construc- ceedings on this question will be post- The Clerk read the title of the bill. tion. But Iran insisted that these sites, like poned. The SPEAKER pro tempore. The Bushehr, are designed to provide fuel for fu- f question is on the motion offered by ture power plants and nothing else. the gentleman from Texas (Mr. SMITH) Subsequent actions, however, have led us MESSAGE FROM THE SENATE that the House suspend the rules and to believe otherwise. Stemming from the most A message from the Senate by Ms. pass the bill, as amended. recent IAEA report, experts believe that, with Curtis, one of its clerks, announced The vote was taken by electronic de- further enrichment of its existing stockpile of that the Senate has passed without vice, and there were—yeas 394, nays 1, uranium, Iran already has enough raw material amendment a bill of the House of the not voting 36, as follows: to make two or three nuclear weapons. Even following title: though having the raw material is different [Roll No. 250] H.R. 2072. An act to reauthorize the Ex- YEAS—394 from having an actual weapon, Ahmedinejad’s port-Import Bank of the United States, and belligerent and hostile actions create an at- for other purposes. Adams Connolly (VA) Hahn mosphere dangerous to U.S. national security. Aderholt Cooper Hall f Akin Costa Hanabusa Iran also has a horrific human rights abuse Alexander Costello Hanna record. On December 26, 2011, the United RECESS Altmire Courtney Harper Nations General Assembly passed a resolu- The SPEAKER pro tempore. Pursu- Amodei Cravaack Harris tion denouncing the serious human rights Andrews Crenshaw Hartzler ant to clause 12(a) of rule I, the Chair Austria Critz Hastings (FL) abuses occurring in Iran. declares the House in recess for a pe- Baca Crowley Hastings (WA) The resolution included torture, cruel and riod of less than 15 minutes. Bachmann Cuellar Hayworth degrading treatment in detention, the targeting Bachus Culberson Heck Accordingly (at 6 o’clock and 21 min- of human rights defenders, violence against Baldwin Cummings Heinrich utes p.m.), the House stood in recess. Barletta Davis (CA) Hensarling women, and ‘‘the systematic and serious re- Barrow Davis (IL) Herger strictions on freedom of peaceful assembly’’ f Bartlett Davis (KY) Herrera Beutler as well as severe restrictions on the rights to b 1830 Barton (TX) DeFazio Higgins ‘‘freedom of thought, conscience, religion or Bass (CA) DeGette Himes AFTER RECESS Bass (NH) DeLauro Hinojosa belief.’’ Becerra Denham Hirono The Iranian regime’s treatment of women is The recess having expired, the House Benishek Dent Hochul particularly heinous. Prominent human rights was called to order by the Speaker pro Berg DesJarlais Holden activist Shirin Ebadi, the 2003 Nobel Peace Berkley Deutch Holt tempore (Mr. WEST) at 6 o’clock and 30 Berman Diaz-Balart Honda Prize Laureate, has faced intensified persecu- minutes p.m. Biggert Dicks Hoyer tion from the Iranian government for her cou- Bilbray Dingell Huelskamp f rageous activism and efforts to promote wom- Bilirakis Doggett Huizenga (MI) PERMISSION TO FILE SUPPLE- Bishop (GA) Donnelly (IN) Hultgren en’s rights in Iran. Bishop (NY) Doyle Hunter On 21 December 2008, dozens of govern- MENTAL REPORT ON H.R. 4310, Bishop (UT) Dreier Hurt ment agents carried out a raid on the Defend- NATIONAL DEFENSE AUTHORIZA- Black Duffy Israel ers of Human Rights Center, run by Ms. TION ACT FOR FISCAL YEAR 2013 Blackburn Duncan (SC) Issa Ebadi. The Center provides legal assistance to Blumenauer Duncan (TN) Jackson (IL) Mr. BARTLETT. Mr. Speaker, I ask Bonamici Edwards Jackson Lee victims of human rights violations. unanimous consent that the Com- Bonner Ellison (TX) The raid on the Center occurred hours be- Mack Ellmers Jenkins mittee on Armed Services be author- fore they were planning on holding an event Boren Emerson Johnson (GA) ized to file a supplemental report on there to commemorate the 60th anniversary of Boswell Engel Johnson (OH) the bill, H.R. 4310. Brady (PA) Eshoo Johnson, E. B. the Universal Declaration of Human Rights. The SPEAKER pro tempore. Is there Brady (TX) Farenthold Johnson, Sam Center staff members and guests were har- Brooks Farr Jones objection to the request of the gen- assed and intimidated and the center was Broun (GA) Fattah Jordan forcibly closed. Later, officials identifying them- tleman from Maryland? Buchanan Fitzpatrick Kaptur There was no objection. Bucshon Fleischmann Keating selves as tax inspectors came to the Center to Buerkle Fleming Kelly remove documents and computers, despite f Burgess Forbes Kildee Ms. Ebadi’s that they contained pro- Burton (IN) Fortenberry Kind ANNOUNCEMENT BY THE SPEAKER Butterfield Foxx King (IA) tected lawyer-client information. Ms. Ebadi has PRO TEMPORE Calvert Frelinghuysen King (NY) repeatedly been subjected to threats and in- Camp Gallegly Kingston timidation for the work she does. Occurrences The SPEAKER pro tempore. Pursu- Canseco Garamendi Kinzinger (IL) like this must stop. ant to clause 8 of rule XX, proceedings Cantor Gardner Kissell will resume on motions to suspend the Capito Garrett Kline The United States’ relations with Iran have Capps Gerlach Kucinich been volatile and tumultuous for almost 60 rules previously postponed. Capuano Gibbs Lamborn years. We are engaging with a hostile regime Votes will be taken in the following Carnahan Gibson Lance that has not demonstrated a desire to com- order: Carney Gingrey (GA) Lankford H.R. 365, by the yeas and nays; Carson (IN) Gohmert Larsen (WA) promise or an ability to admit to its Carter Gonzalez Larson (CT) wrongdoings. Our focus now is to address the H.R. 3874, by the yeas and nays; Castor (FL) Goodlatte Latham security concerns in the region. H.R. 205, by the yeas and nays. Chabot Gosar LaTourette The first electronic vote will be con- Chaffetz Gowdy Latta The provisions put forth in this bill are vital Chandler Granger Lee (CA) to ensuring our nation’s security interests. ducted as a 15-minute vote. Remaining Chu Graves (GA) Levin Those who govern Iran must be held account- electronic votes will be conducted as 5- Cicilline Graves (MO) Lewis (CA) able for its actions. minute votes. Clarke (MI) Green, Al Lewis (GA) Clarke (NY) Green, Gene Lipinski The SPEAKER pro tempore. The f Clay Griffin (AR) LoBiondo question is on the motion offered by Cleaver Griffith (VA) Loebsack the gentlewoman from Florida (Ms. NATIONAL BLUE ALERT ACT OF Clyburn Grijalva Lofgren, Zoe ROS-LEHTINEN) that the House suspend 2012 Coble Grimm Long Coffman (CO) Guinta Lowey the rules and agree to the resolution, The SPEAKER pro tempore. The un- Cole Guthrie Lucas H. Res. 568, as amended. finished business is the vote on the mo- Conaway Gutierrez Luja´ n

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.039 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2694 CONGRESSIONAL RECORD — HOUSE May 15, 2012 Lummis Peters Serrano mitments to my constituents. Had I been King (IA) Neal Schock Lungren, Daniel Peterson Sessions King (NY) Neugebauer Schrader E. Petri Sewell present, I would have voted ‘‘yea.’’ Kingston Noem Schwartz Lynch Pingree (ME) Sherman f Kinzinger (IL) Nugent Schweikert Mack Pitts Shimkus Kissell Nunes Scott (SC) Maloney Platts Shuster Kline Nunnelee Scott (VA) Manzullo Polis Simpson BLACK HILLS CEMETERY ACT Kucinich Olson Scott, Austin Marchant Pompeo Sires The SPEAKER pro tempore. The un- Lamborn Olver Scott, David Marino Posey Smith (NE) Lance Owens Sensenbrenner Markey Price (GA) Smith (NJ) finished business is the vote on the mo- Langevin Palazzo Serrano Matheson Price (NC) Smith (TX) tion to suspend the rules and pass the Lankford Pallone Sessions Matsui Quayle Smith (WA) bill (H.R. 3874) to provide for the con- Larsen (WA) Pascrell Sewell McCarthy (CA) Quigley Southerland veyance of eight cemeteries that are Larson (CT) Pastor (AZ) Sherman McCarthy (NY) Rahall Stark Latham Paulsen Shimkus McCaul Rangel Stearns located on National Forest System LaTourette Pearce Shuster McClintock Reed Stivers land in Black Hills National Forest, Latta Pelosi Simpson McCollum Rehberg Sullivan South Dakota, as amended, on which Lee (CA) Pence Sires McCotter Reichert Sutton Levin Perlmutter Smith (NE) McDermott Renacci Terry the yeas and nays were ordered. Lewis (CA) Peters Smith (NJ) McGovern Reyes Thompson (CA) The Clerk read the title of the bill. Lewis (GA) Peterson Smith (TX) McHenry Ribble Thompson (MS) The SPEAKER pro tempore. The Lipinski Petri Smith (WA) McKeon Richardson Thompson (PA) question is on the motion offered by LoBiondo Pingree (ME) Southerland McKinley Rigell Thornberry Loebsack Pitts Stark McMorris Rivera Tiberi the gentleman from Utah (Mr. BISHOP) Lofgren, Zoe Platts Stearns Rodgers Roby Tierney that the House suspend the rules and Long Polis Stivers McNerney Roe (TN) Tipton pass the bill, as amended. Lowey Pompeo Stutzman Meehan Rogers (AL) Tonko Lucas Posey Sullivan Meeks Rogers (KY) Towns This is a 5-minute vote. Luja´ n Price (GA) Sutton Mica Rogers (MI) Tsongas The vote was taken by electronic de- Lummis Price (NC) Terry Michaud Rokita Turner (NY) vice, and there were—yeas 400, nays 1, Lungren, Daniel Quayle Thompson (CA) Miller (FL) Rooney Turner (OH) not voting 30, as follows: E. Quigley Thompson (MS) Miller (MI) Ros-Lehtinen Upton Lynch Rahall Thompson (PA) Miller (NC) Roskam Van Hollen [Roll No. 251] Mack Rangel Thornberry Miller, Gary Ross (AR) Vela´ zquez YEAS—400 Maloney Reed Tiberi Miller, George Ross (FL) Visclosky Marchant Rehberg Tierney Moore Rothman (NJ) Walberg Adams Cicilline Gibson Marino Reichert Tipton Moran Roybal-Allard Walden Aderholt Clarke (MI) Gingrey (GA) Markey Renacci Tonko Mulvaney Royce Walsh (IL) Akin Clarke (NY) Gohmert Matheson Reyes Towns Murphy (CT) Runyan Walz (MN) Alexander Clay Gonzalez Matsui Ribble Tsongas Murphy (PA) Ruppersberger Wasserman Altmire Cleaver Goodlatte McCarthy (CA) Richardson Turner (NY) Myrick Rush Schultz Amodei Clyburn Gosar McCarthy (NY) Rigell Turner (OH) Nadler Ryan (OH) Waters Andrews Coble Gowdy McCaul Rivera Upton Napolitano Ryan (WI) Watt Austria Coffman (CO) Granger McClintock Roby Van Hollen Neal Sa´ nchez, Linda Waxman Baca Cole Graves (GA) McCollum Roe (TN) Vela´ zquez Neugebauer T. Webster Bachmann Conaway Graves (MO) McCotter Rogers (AL) Visclosky Noem Sanchez, Loretta Welch Bachus Connolly (VA) Green, Al McDermott Rogers (KY) Walberg Nugent Sarbanes West Baldwin Conyers Green, Gene McGovern Rogers (MI) Walden Nunes Scalise Westmoreland Barletta Cooper Griffin (AR) McHenry Rokita Walsh (IL) Nunnelee Schakowsky Whitfield Barrow Costa Griffith (VA) McKeon Rooney Walz (MN) Olson Schiff Wilson (FL) Bartlett Costello Grijalva McKinley Ros-Lehtinen Wasserman Olver Schilling Wilson (SC) Barton (TX) Courtney Grimm McMorris Roskam Schultz Owens Schmidt Wittman Bass (CA) Cravaack Guinta Rodgers Ross (AR) Waters Palazzo Schock Wolf Bass (NH) Crenshaw Guthrie McNerney Ross (FL) Watt Pallone Schrader Womack Becerra Critz Gutierrez Meehan Rothman (NJ) Waxman Pascrell Schwartz Woodall Benishek Crowley Hahn Meeks Roybal-Allard Webster Pastor (AZ) Schweikert Woolsey Berg Cuellar Hall Mica Royce Welch Paulsen Scott (VA) Yoder Berkley Culberson Hanabusa Michaud Runyan West Pearce Scott, Austin Young (AK) Berman Cummings Hanna Miller (FL) Ruppersberger Westmoreland Pence Scott, David Young (FL) Biggert Davis (CA) Harper Miller (MI) Rush Whitfield Perlmutter Sensenbrenner Young (IN) Bilbray Davis (IL) Harris Miller (NC) Ryan (OH) Wilson (FL) Bilirakis Davis (KY) Hartzler Miller, Gary Ryan (WI) Wilson (SC) NAYS—1 Bishop (GA) DeFazio Hastings (FL) Miller, George Sa´ nchez, Linda Wittman Amash Bishop (NY) DeGette Hastings (WA) Moore T. Wolf Bishop (UT) DeLauro Hayworth Moran Sanchez, Loretta Womack NOT VOTING—36 Black Denham Heck Mulvaney Sarbanes Woodall Blackburn Dent Heinrich Ackerman Fincher McIntyre Murphy (CT) Scalise Woolsey Blumenauer DesJarlais Hensarling Boustany Flake Paul Murphy (PA) Schakowsky Yoder Bonamici Deutch Herger Braley (IA) Flores Pelosi Myrick Schiff Young (AK) Bonner Diaz-Balart Herrera Beutler Brown (FL) Frank (MA) Poe (TX) Nadler Schilling Young (FL) Bono Mack Dicks Higgins Campbell Franks (AZ) Richmond Napolitano Schmidt Young (IN) Boren Dingell Himes Cardoza Fudge Rohrabacher Boswell Doggett Hinojosa NAYS—1 Cassidy Hinchey Scott (SC) Brady (PA) Donnelly (IN) Hirono Cohen Johnson (IL) Shuler Amash Brady (TX) Doyle Hochul Conyers Labrador Slaughter Braley (IA) Dreier Holden Crawford Landry Speier NOT VOTING—30 Brooks Duffy Holt Dold Langevin Stutzman Ackerman Flake Manzullo Broun (GA) Duncan (SC) Honda Filner Luetkemeyer Yarmuth Boustany Flores McIntyre Buchanan Duncan (TN) Hoyer Brown (FL) Frank (MA) Paul Bucshon Edwards Huelskamp b 1855 Cardoza Franks (AZ) Poe (TX) Buerkle Ellison Huizenga (MI) Cassidy Fudge Richmond Messrs. THOMPSON of Pennsylvania Burgess Ellmers Hultgren Cohen Hinchey Rohrabacher Burton (IN) Emerson Hunter and ENGEL changed their vote from Crawford Johnson (IL) Shuler Butterfield Engel Hurt ‘‘nay’’ to ‘‘yea.’’ Dold Labrador Slaughter Calvert Eshoo Israel Filner Landry Speier So (two-thirds being in the affirma- Camp Farenthold Issa Fincher Luetkemeyer Yarmuth tive) the rules were suspended and the Campbell Farr Jackson (IL) bill, as amended, was passed. Canseco Fattah Jackson Lee ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cantor Fitzpatrick (TX) The result of the vote was announced Capito Fleischmann Jenkins The SPEAKER pro tempore (during as above recorded. Capps Fleming Johnson (GA) the vote). There are 2 minutes remain- A motion to reconsider was laid on Capuano Forbes Johnson (OH) ing. the table. Carnahan Fortenberry Johnson, E. B. Carney Foxx Johnson, Sam b 1902 Stated for: Carson (IN) Frelinghuysen Jones Mr. LANGEVIN. Mr. Speaker, on rollcall Carter Gallegly Jordan So (two-thirds being in the affirma- vote No. 250, I was unavoidably detained. Castor (FL) Garamendi Kaptur tive) the rules were suspended and the Had I been present, I would have voted ‘‘yea.’’ Chabot Gardner Keating bill, as amended, was passed. Chaffetz Garrett Kelly Mr. FILNER. Mr. Speaker, on rollcall 250, I Chandler Gerlach Kildee The result of the vote was announced was away from the Capitol due to prior com- Chu Gibbs Kind as above recorded.

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.009 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2695 The title was amended so as to read: Garamendi Lofgren, Zoe Rogers (MI) Frank (MA) Luetkemeyer Ruppersberger ‘‘A bill to provide for the conveyance of Gardner Long Rokita Franks (AZ) Manzullo Shuler Garrett Lowey Rooney Fudge McIntyre Slaughter certain cemeteries that are located on Gerlach Lucas Ros-Lehtinen Hinchey Paul Speier National Forest System land in Black Gibbs Luja´ n Roskam Johnson (IL) Poe (TX) Yarmuth Hills National Forest, South Dakota.’’. Gibson Lummis Ross (AR) Labrador Richmond Gingrey (GA) Lungren, Daniel Ross (FL) Landry Rohrabacher A motion to reconsider was laid on Gohmert E. Rothman (NJ) the table. Gonzalez Lynch Roybal-Allard ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Stated for: Goodlatte Mack Royce The SPEAKER pro tempore (during Gosar Maloney Runyan Mr. FILNER. Mr. Speaker, on rollcall No. Gowdy Marchant Rush the vote). There are 2 minutes remain- 251, I was away from the Capitol due to prior Granger Marino Ryan (OH) ing. commitments to my constituents. Had I been Graves (GA) Markey Ryan (WI) present, I would have voted ‘‘yea.’’ Graves (MO) Matheson Sa´ nchez, Linda Green, Al Matsui T. b 1909 f Green, Gene McCarthy (CA) Sanchez, Loretta Griffin (AR) McCarthy (NY) Sarbanes So (two-thirds being in the affirma- HELPING EXPEDITE AND ADVANCE Griffith (VA) McCaul Scalise tive) the rules were suspended and the RESPONSIBLE TRIBAL HOME Grijalva McClintock Schakowsky bill, as amended, was passed. Grimm McCollum Schiff OWNERSHIP ACT OF 2011 Guinta McCotter Schilling The result of the vote was announced The SPEAKER pro tempore. The un- Guthrie McDermott Schmidt as above recorded. Gutierrez McGovern Schock finished business is the vote on the mo- Hahn McHenry Schrader The title was amended so as to read: tion to suspend the rules and pass the Hall McKeon Schwartz ‘‘A bill to amend the Act titled ‘An Act bill (H.R. 205) to amend the Act titled Hanabusa McKinley Schweikert to authorize the leasing of restricted Hanna McMorris Scott (SC) Indian lands for public, religious, edu- ‘‘An Act to authorize the leasing of re- Harper Rodgers Scott (VA) stricted Indian lands for public, reli- Harris McNerney Scott, Austin cational, recreational, residential, gious, educational, recreational, resi- Hartzler Meehan Scott, David business, and other purposes requiring dential, business, and other purposes Hastings (FL) Meeks Sensenbrenner the grant of long-term leases’, ap- Hastings (WA) Mica Serrano requiring the grant of long-term Hayworth Michaud Sessions proved August 9, 1955, to provide for In- leases’’, approved August 9, 1955, to Heck Miller (FL) Sewell dian tribes to enter into certain leases provide for Indian tribes to enter into Heinrich Miller (MI) Sherman without prior express approval from Hensarling Miller (NC) Shimkus the Secretary of the Interior, and for certain leases without prior express ap- Herger Miller, Gary Shuster proval from the Secretary of the Inte- Herrera Beutler Miller, George Simpson other purposes.’’. rior, as amended, on which the yeas Higgins Moore Sires A motion to reconsider was laid on and nays were ordered. Himes Moran Smith (NE) Hinojosa Mulvaney Smith (NJ) the table. The Clerk read the title of the bill. Hirono Murphy (CT) Smith (TX) Stated for: The SPEAKER pro tempore. The Hochul Murphy (PA) Smith (WA) Mr. FILNER. Mr. Speaker, on rollcall 252, I question is on the motion offered by Holden Myrick Southerland Holt Nadler Stark was away from the Capitol due to prior com- the gentleman from Utah (Mr. BISHOP) Honda Napolitano Stearns mitments to my constituents. Had I been that the House suspend the rules and Hoyer Neal Stivers present, I would have voted ‘‘yea.’’ pass the bill, as amended. Huelskamp Neugebauer Stutzman This is a 5-minute vote. Huizenga (MI) Noem Sullivan PERSONAL EXPLANATION Hultgren Nugent Sutton The vote was taken by electronic de- Hunter Nunes Terry Mr. JOHNSON of Illinois. Mr. Speaker, on vice, and there were—yeas 400, nays 0, Hurt Nunnelee Thompson (CA) Tuesday, May 15, 2012 I had obligations that not voting 31, as follows: Israel Olson Thompson (MS) necessitated my attention in Champaign, Illi- Issa Olver Thompson (PA) nois, in my district and missed suspension [Roll No. 252] Jackson (IL) Owens Thornberry YEAS—400 Jackson Lee Palazzo Tiberi votes H.R. 365—National Blue Alert, H.R. (TX) Pallone Tierney 3874—Black Hills Cemetery Act, H.R. 205— Adams Broun (GA) Critz Jenkins Pascrell Tipton HEARTH Act of 2011. Aderholt Buchanan Crowley Johnson (GA) Pastor (AZ) Tonko Akin Bucshon Cuellar Johnson (OH) Paulsen Towns Had I been present, I would have voted Alexander Buerkle Culberson Johnson, E. B. Pearce Tsongas ‘‘yea’’ on the above stated bills. Altmire Burgess Cummings Johnson, Sam Pelosi Turner (NY) Amash Burton (IN) Davis (CA) Jones Pence Turner (OH) Amodei Butterfield Davis (IL) Jordan Perlmutter Upton f Andrews Calvert Davis (KY) Kaptur Peters Van Hollen Austria Camp DeFazio Keating Peterson Vela´ zquez DEPARTMENT OF DEFENSE PRO- Baca Campbell DeGette Kelly Petri Visclosky Bachmann Canseco DeLauro Kildee Pingree (ME) Walberg GRAM GUIDANCE MODIFICATION Bachus Cantor Denham Kind Pitts Walden RELATING TO POST-DEPLOY- Baldwin Capito Dent King (IA) Platts Walsh (IL) MENT/MOBILIZATION RESPITE Barletta Capps DesJarlais King (NY) Polis Walz (MN) Barrow Capuano Deutch Kingston Pompeo Wasserman ABSENCE ADMINISTRATIVE AB- Bartlett Carnahan Diaz-Balart Kinzinger (IL) Posey Schultz SENCE DAYS Barton (TX) Carney Dicks Kissell Price (GA) Waters Bass (CA) Carson (IN) Dingell Kline Price (NC) Watt Mr. KLINE. Madam Speaker, I move Bass (NH) Carter Doggett Kucinich Quayle Waxman to suspend the rules and pass the bill Becerra Castor (FL) Donnelly (IN) Lamborn Quigley Webster (H.R. 4045) to modify the Department Benishek Chabot Doyle Lance Rahall Welch Berg Chaffetz Dreier Langevin Rangel West of Defense Program Guidance relating Berkley Chandler Duffy Lankford Reed Westmoreland to the award of Post-Deployment/Mobi- Berman Chu Duncan (SC) Larsen (WA) Rehberg Whitfield lization Respite Absence administra- Biggert Cicilline Duncan (TN) Larson (CT) Reichert Wilson (FL) Bilbray Clarke (MI) Edwards Latham Renacci Wilson (SC) tive absence days to members of the re- Bilirakis Clarke (NY) Ellison LaTourette Reyes Wittman serve components to exempt any mem- Bishop (GA) Clay Ellmers Latta Ribble Wolf ber whose qualified mobilization com- Bishop (NY) Cleaver Emerson Lee (CA) Richardson Womack menced before October 1, 2011, and con- Bishop (UT) Clyburn Engel Levin Rigell Woodall Black Coble Eshoo Lewis (CA) Rivera Woolsey tinued on or after that date, from the Blackburn Coffman (CO) Farenthold Lewis (GA) Roby Yoder changes to the program guidance that Blumenauer Cole Farr Lipinski Roe (TN) Young (AK) took effect on that date, as amended. Bonamici Conaway Fattah LoBiondo Rogers (AL) Young (FL) Bonner Connolly (VA) Fitzpatrick Loebsack Rogers (KY) Young (IN) The Clerk read the title of the bill. Bono Mack Conyers Fleischmann The text of the bill is as follows: Boren Cooper Fleming NOT VOTING—31 Boswell Costa Forbes H.R. 4045 Brady (PA) Costello Fortenberry Ackerman Cassidy Filner Brady (TX) Courtney Foxx Boustany Cohen Fincher Be it enacted by the Senate and House of Rep- Braley (IA) Cravaack Frelinghuysen Brown (FL) Crawford Flake resentatives of the United States of America in Brooks Crenshaw Gallegly Cardoza Dold Flores Congress assembled,

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.058 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2696 CONGRESSIONAL RECORD — HOUSE May 15, 2012 SECTION 1. TREATMENT OF PROGRAM GUID- integrating into civilian life after deploy- answer their Nation’s call. In January ANCE RELATING TO THE AWARD OF ment or mobilization. of 2007, the Department of Defense in- POST-DEPLOYMENT/MOBILIZATION (2) The term ‘‘Secretary concerned’’ has stituted the PDMRA program to allow RESPITE ABSENCE ADMINISTRATIVE the meaning given that term in section 101(5) ABSENCE DAYS TO MEMBERS AND servicemembers the opportunity to of title 37, United States Code. FORMER MEMBERS OF THE RE- spend more time with their families SERVE COMPONENTS UNDER DOD (g) COMMENCEMENT AND DURATION OF AU- INSTRUCTION 1327.06. THORITY.— and readjust after multiple deploy- (a) DISCRETION OF THE SECRETARY OF DE- (1) COMMENCEMENT.—The authority to pro- ments in excess of 12 to 24 months. I FENSE.—The Secretary of Defense may deter- vide days of administrative absence under would ask my colleagues to reflect on mine that the changes made by the Sec- paragraphs (2) and (3) of subsection (b) begins that number, 12 to 24 months. That is 1 retary to the Program Guidance relating to on the date of the enactment of this Act and to 2 years away from their families and the award of Post-Deployment/Mobilization the authority to make cash payments under their homes, putting their own lives on Respite Absence program administrative ab- such subsection begins, subject to subsection sence days or other benefits described in sub- (h), on October 1, 2012. hold to protect and defend our families section (b) to members and former members (2) EXPIRATION.—The authority to provide and our Nation. of the reserve components under DOD In- benefits under this section expires on Octo- Madam Speaker, last year, after struction 1327.06 effective as of October 1, ber 1, 2014. more than 2,000 Minnesota soldiers 2011, shall not apply to a member of a reserve (3) EFFECT OF EXPIRATION.—The expiration were deployed, the Pentagon changed component, or former member of a reserve date specified in paragraph (2) shall not af- the PDMRA program, significantly re- component, whose qualified mobilization (as fect the use, after that date, of any day of ducing the leave available to the Red described in such program guidance) com- administrative absence provided to a mem- Bulls and many others across the Na- menced before October 1, 2011, and continued ber of the Armed Forces under subsection (b) tion. With little notice, many soldiers on or after that date until the date the mobi- before that date or the payment, after that lization is terminated. date, of any payment selected by a member and their families were forced to cope (b) AUTHORIZED BENEFITS.—Under regula- or former member of the Armed Forces with unexpected financial challenges, tions prescribed by the Secretary of Defense, under such subsection before that date. less time at home with loved ones, and the Secretary concerned may provide a (h) CASH PAYMENTS SUBJECT TO AVAIL- an increased urgency to find employ- member or former member of the Armed ABILITY OF APPROPRIATIONS.—No cash pay- ment. Forces described in subsection (a) with one ment may be made under subsection (b) un- H.R. 4045, as amended, provides the of the following benefits: less the funds to be used to make the pay- (1) In the case of an individual who is a Pentagon the authority to grandfather ments are available pursuant to an appro- members of the National Guard and former member of the Armed Forces at the priations Act enacted after the date of enact- time of the provision of benefits under this ment of this Act. Reserve whose mobilization and de- section, payment of an amount not to exceed (i) FUNDING OFFSET.—The Secretary of De- ployment commenced before the Pen- $200 for each day the individual would have fense shall transfer $4,000,000 from the unob- tagon’s PDMRA reduction policy took qualified for a day of administrative absence ligated balances of the Pentagon Reservation effect in October of last year. The leg- had the changes made to the Program Guid- Maintenance Revolving Fund established islation does three things: ance described in subsection (a) not applied under section 2674(e) of title 10, United First, for servicemembers still on ac- to the individual, as authorized by such sub- States Code, to the Miscellaneous Receipts tive duty, the bill provides DOD the au- section. Fund of the United States Treasury. (2) In the case of a member of the Armed thority to immediately restore their Forces on active duty at the time of the pro- The SPEAKER pro tempore (Mrs. PDMRA leave days lost and gives them vision of benefits under this section, either ROBY). Pursuant to the rule, the gen- the option of selling their leave in lieu one day of administrative absence or pay- tleman from Minnesota (Mr. KLINE) of taking the PDMRA day if they de- ment of an amount not to exceed $200, as se- and the gentlewoman from Guam (Ms. termine that that is in their best inter- lected by the member, for each day the mem- BORDALLO) each will control 20 min- est; ber would have qualified for a day of admin- utes. Second, for servicemembers still in istrative absence had the changes made to The Chair recognizes the gentleman the service but off active duty, the bill the Program Guidance described in sub- from Minnesota. section (a) not applied to the member, as au- provides DOD the authority to award a thorized by such subsection. GENERAL LEAVE leave payment in lieu of the days they (3) In the case of a member of the Armed Mr. KLINE. Madam Speaker, I ask would have received for their service Forces serving in the Selected Reserve, Inac- unanimous consent that all Members during the change; and tive National Guard, or Individual Ready Re- have 5 legislative days to revise and ex- Finally, the former servicemembers serve at the time of the provision of benefits tend their remarks and include extra- who have left the military altogether under this section, either one day of admin- neous material on the bill under con- but were affected during the PDMRA istrative absence to be retained for future sideration. policy change, the bill provides DOD use or payment of an amount not to exceed The SPEAKER pro tempore. Is there the authority to reward a leave pay- $200, as selected by the member, for each day the member would have qualified for a day of objection to the request of the gen- ment in lieu of the PDMRA days they administrative absence had the changes tleman from Minnesota? would have received for there service made to the Program Guidance described in There was no objection. during the change. subsection (a) not applied to the member, as Mr. KLINE. Madam Speaker, I yield In short, we’re making these soldiers authorized by such subsection. myself such time as I may consume. whole again and keeping our promises. (c) EXCLUSION OF CERTAIN FORMER MEM- I rise today in support of the bill, The legislation is critical to ensuring BERS.—An individual who is a former mem- H.R. 4045, legislation that would ensure our sons and daughters in uniform re- ber of the Armed Forces is not eligible under members of the National Guard and this section for the benefits specified in sub- ceive the benefits they were promised section (b)(1) if the individual was discharged Reserve—including members of Min- and have rightfully earned. or released from the Armed Forces under nesota’s famed Red Bulls—receive the Sergeant Matthew Hite recently re- other than honorable conditions. benefits they have earned. turned home to Minnesota after his (d) FORM OF PAYMENT.—The payments au- Simply put, this legislation ensures third deployment with the Minnesota thorized by subsection (b) may be paid in a that promises made are promises kept. National Guard. While he’s been in Ku- lump sum or installments, at the election of The bill will grandfather the Minnesota wait the past 11 months, his 7-year-old the Secretary concerned. National Guard and more than 49,000 son, Charles, has learned to play T- (e) RELATION TO OTHER PAY AND LEAVE.— The benefits provided to a member or former other servicemembers around the coun- ball. Sergeant Hite wasn’t there to see member of the Armed Forces under this sec- try who mobilized and deployed under Charles get his first hit or make his tion are in addition to any other pay, ab- the Pentagon’s original Post-Deploy- first catch. ‘‘It’s frustrating’’ Sergeant sence, or leave provided by law. ment/Mobilization Respite Absence Hite told the Star Tribune, ‘‘frus- (f) DEFINITIONS.—In this section: program policy, providing them the trating that the time we thought we (1) The term ‘‘Post-Deployment/Mobiliza- benefits they were promised prior to had to spend with family is being taken tion Respite Absence program’’ means the deployment. program of the Secretary concerned to pro- away.’’ vide days of administrative absence not Since September 11, 2011, members of Every day, members of the reserve chargeable against available leave to certain the Reserve component have been component are stepping off planes, be- deployed or mobilized members of the Armed uniquely affected by long deployments, ginning the process of reintegration, Forces in order to assist such members in re- leaving their families and careers to and returning to their civilian lives.

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.030 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2697 Every day, units are receiving their is becoming increasingly more dif- Guard’s Red Bulls, will receive the full final orders specifying an end date to ficult. These earned benefits will help benefits they were promised. their mobilization. I am hopeful that combat the high stress experienced by Last year, after more than 2,000 of this commonsense effort to do right by those who have returned home from Minnesota’s brave soldiers had already our men and women in uniform will be- prolonged deployments. been mobilized for war, the Depart- come law. The Minnesota National Guard and ment of Defense reduced the amount of I urge my colleagues to support H.R. tens of thousands of other guardsmen leave that the servicemembers would 4045, and I reserve the balance of my and reservists who have been deployed receive. time. to the Middle East and were impacted For the Pentagon to apply this Ms. BORDALLO. Madam Speaker, I by the PDMRA change were charged change to soldiers already deployed is yield myself such time as I may con- with the promise to defend our coun- simply unacceptable. Our men and sume. try. They have more than lived up to women in uniform must be able to I rise in strong support of this bill, their end of the bargain to keep their count on the benefits their Nation and I thank the gentleman from Min- promise. Now it is time for the Depart- promised them when they left home. nesota (Mr. KLINE) for bringing this ment of Defense to live up to its end of H.R. 4045 will correct this serious measure to the floor. I also appreciate the deal and provide these individuals error by exempting servicemembers, his continued leadership on pre- and with the full benefits they were prom- like the Red Bulls, who had already de- post-deployment issues for the Na- ised at the time of their mobilization ployed before the Pentagon’s policy tional Guard. The bill will correct an deployment. shift. injustice for our National Guardsmen As Chairman KLINE addresses in his Passage of this bill is a victory for and reservists who have been putting support for this bill, some of the serv- the entire Minnesota delegation, which their lives on the line to defend our Na- icemembers affected by this policy worked so hard on it. I especially want tion. change have performed multiple de- to thank Mr. KLINE for his persever- The fiscal year 2013 Defense author- ployments in excess of 12 to 24 months ance on this issue and for getting it to ization bill includes a provision that since the beginning of the Iraq war. the floor today. Thank you very much, also addresses this problem; but, re- That is 1 to 2 full years that these serv- Mr. KLINE. gardless, this sends a clear message to icemembers have been away from their But, as I said, I applaud all my col- the Department of Defense that we families, halfway across the world in a leagues for coming together on behalf want to fix this problem, and quickly. combat environment. Some of the of the Minnesota Red Bulls and all of The bill gives DOD the clear authority same servicemembers—specifically, the the servicemembers and their families. they need to make the necessary 2005–2007 Iraq deploying servicemem- America’s men and women in uniform changes and to do so before the Defense bers—could stand to lose up to 24 days dedicate their lives to defending our authorization bill is likely to be com- under the changes in the PDMRA pol- Nation and its values, and we are pleted. icy. grateful for their outstanding service. The bill is widely supported by out- I do not think it is too much to ask As a daughter of a World War II dis- side groups, including the Military Of- that those who were promised 24 days abled veteran of the Army Air Corps ficers Association of America, the Na- of leave for up to 2 years of deployed and as a member of the Appropriations tional Guard Association of the United service to receive that leave. There- Subcommittee on Military Affairs, it is States, and the Enlisted Association of fore, it is imperative that we respect a special honor to work on behalf of the National Guard of the United and honor the promises made to these those who have served our country and States, to name just a few. individual families who have sacrificed to make sure that they receive every However, while I support the bill, I so much in defense of our Nation. benefit that they’ve earned. must raise the concern that this bill Recently, I have had the great privi- As the Red Bulls return to Minnesota bypassed the normal committee proc- lege of welcoming the Minnesota Na- from another deployment, they know ess, and the minority was not included tional Guard Red Bulls home from they can count on their entire Min- in the decision to bring this measure to their deployment in Iraq and Kuwait. nesota congressional delegation to the floor, which violates our tradition When I attended their deployment have their back. of bipartisanship. Still, in the interest ceremony last year in Pince City, Min- I urge my colleagues to support this of protecting our men and women in nesota, one of the commanding officers critical legislation. uniform, I stand in support of the bill, in the brigade, Lieutenant Colonel Mr. KLINE. Madam Speaker, I am and I urge all of my colleagues to sup- Eddie Frizell said to the families, ‘‘I’ll pleased to yield 3 minutes to another port it as well. bring them all home.’’ True to his member of the Minnesota delegation, I reserve the balance of my time. word, the first thing Lieutenant Colo- Mr. PAULSEN. nel Frizell said in a hand salute to Mr. PAULSEN. I thank the gen- 1920 b Major General Rick Nash, the adjutant tleman for yielding. Mr. KLINE. Madam Speaker, I am general of the Minnesota National I also rise in strong support of H.R. very happy to yield 3 minutes to my Guard, when his feet touched the 4045. friend and colleague, a naval officer, ground in Minnesota was, ‘‘I brought Madam Speaker, the promises that another helicopter pilot, and a member them all home, sir.’’ we make to our young men and women of the Minnesota delegation, Mr. Madam Speaker, it is now time to and those who serve and have volun- CRAVAACK. bring them all the way home. I urge teered to put our Nation’s uniform on Mr. CRAVAACK. I thank Chairman my colleagues to support the troops should always, always be kept. And KLINE for the recognition. and support H.R. 4045, which will pro- this important legislation does exactly Madam Speaker, I rise today in sup- tect the promises made to our National that by assuring that nearly 50,000— port of a critically important bill Guard and Reserve, including members tens of thousands servicemembers will which I am a cosponsor of, offered by a of the Minnesota’s Red Bulls, by ensur- receive the benefits that they, in fact, fellow member of the Minnesota dele- ing these servicemembers receive the were promised. gation, Chairman JOHN KLINE. benefits they were promised and highly In October of last year, the Depart- The Post-Deployment/Mobilization deserve. ment of Defense significantly changed Respite Absence program is an impor- Ms. BORDALLO. Madam Speaker, I the amount of earned time and leave tant program that allows servicemem- yield such time as she may consume to time for our troops and began pro- bers the opportunity to readjust after the gentlelady from Minnesota (Ms. viding less time off for servicemembers deployments and spend more time with MCCOLLUM). after a long deployment. But in that their families. This earned leave fur- Ms. MCCOLLUM. Madam Speaker, I process, they failed to take into ac- ther provides returning servicemem- rise today in strong support of H.R. count those reservists who were al- bers with more time and a less stress- 4045. This bill will ensure that all the ready deployed, including the 2,000 ful environment in which to seek em- servicemembers returning from over- members of the Minnesota National ployment in a time where a job search seas, including the Minnesota National Guard.

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.062 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2698 CONGRESSIONAL RECORD — HOUSE May 15, 2012 Madam Speaker, if we don’t pass this were guaranteed, are delivered upon. APPOINTMENT AS MEMBER TO legislation, members of the National It’s the right thing to do. It’s the right COMMISSION ON INTERNATIONAL Guard and the Reserve, including mem- thing for the country. It binds us to- RELIGIOUS FREEDOM bers of Minnesota’s famed Red Bulls, gether. The SPEAKER pro tempore. The will stand to lose approximately 27 And I want to thank all of the folks Chair announces the Speaker’s ap- days of leave that they were promised. here who made this possible. I urge my pointment, pursuant to section 201(b) They’ve already earned that leave. colleagues to support this piece of leg- of the International Religious Freedom Let’s do the right thing. This is sim- islation. Act of 1998 (22 U.S.C. 6431 note), as ple. This is straightforward. We need to amended, and the order of the House of keep the promises out there for our b 1930 January 5, 2011, of the following mem- service men and women. ber on the part of the House to the I want to applaud Chairman KLINE. I Ms. BORDALLO. I thank the gen- Commission on International Religious want to applaud all the members of the tleman from Minnesota (Mr. WALZ), es- Freedom for a term ending May 14, Minnesota delegation for working to- pecially for his assistance with the Re- 2014: gether on something so critical and im- serve Component Caucus. Mr. Elliot Abrams, Virginia portant and for sending a bipartisan I have no further requests for time, f message that we will stand behind our and I yield back the balance of my promises to our troops and our men time. MILITARY MENTAL HEALTH and women in uniform. Mr. KLINE. I have no further re- AWARENESS DAY Ms. BORDALLO. Madam Speaker, I quests for time, and I’m going to close yield such time as he may consume to (Mr. THOMPSON of Pennsylvania by thanking Members on both sides of the gentleman from Minnesota (Mr. asked and was given permission to ad- the aisle. You’ve heard from members dress the House for 1 minute and to re- WALZ). Mr. WALZ of Minnesota. I thank the of the Minnesota delegation here to- vise and extend his remarks.) gentlelady from Guam who, as always, night, my good friends, the Democrats Mr. THOMPSON of Pennsylvania. is an absolute stalwart supporter of our Mr. WALZ and Ms. MCCOLLUM, Mr. Madam Speaker, today I rise to recog- military forces and has a long tradi- CRAVAACK, and Mr. PAULSEN. This leg- nize Military Mental Health Awareness tion, coming from Guam, in defense of islation affects members of the Guard Day, which is tomorrow, May 16, 2012. this Nation. and Reserve all over the country. Our servicemembers have made tre- Also, a special thank you to Colonel I’m especially pleased that my friend mendous sacrifices for our country, and KLINE, my colleague from Minnesota, and fellow committee member and fel- many face serious conditions, including for his unwavering support of our vet- low traveler, Ms. BORDALLO, was man- the potential for anxiety, depression, erans and for bringing this forward and aging the debate on the other side of anger; and a growing number of those trying to correct this injustice. the aisle. She and I have traveled to experience post-traumatic stress in- You’ve heard it today, Madam Speak- some fairly remote corners of Iraq and jury. For one reason or another, too er, about a change in policy. And while Afghanistan and places like that over many, tragically, result in suicide. Ac- a stroke of the pen at the Pentagon the years, and I must say I’ve never cording to the Army, during 2011, there may not seem like that much, it im- been anywhere where our Nation was were a total of 164 confirmed active pacts our veterans and their families. at conflict and where we had men and duty suicides. For 2012, there have been These are folks that have deployed, in women serving in uniform that we 61 potential active duty suicides—35 many cases, three times. For example, didn’t come across somebody from the confirmed and 26 still under investiga- the Red Bulls from Minnesota: once for Guam National Guard. So I really want tion. 9 months, once for 22 months, and once to thank her for her support on this Madam Speaker, these statistics are for a year. legislation and the support of men and daunting. One servicemember taking We came up, as a Nation, to make women in uniform everywhere. I know his or her own life is too many. In Con- the determination that these folks from the reaction I see from those sol- gress, we have worked to increase ac- should have a little bit of time of leave diers that when they see Ms. cess and availability and also to re- when they come back, readjust with BORDALLO, there is great affection and move the stigma associated with these their families, see children they maybe respect there—both ways. conditions in hopes that more soldiers, have never celebrated a birthday with, Again, I want to thank all who sailors, airmen, and marines will be and then try to go back and get into weighed in on this. It was clearly an in- more easily diagnosed and seek the the job market. justice. It needed to be fixed, and this available resources and treatments. As a Nation, these are our best and is one of those times when we’ve come I want to thank everyone involved in brightest. These are our future leaders. together as Democrats and Republicans Military Mental Health Awareness Day We want them getting readjusted. We working together. We have Senators, as we continue the important work of want them back into the job market. Republicans and Democrats, in the delivering care to these brave men and And by the Pentagon changing this Senate working the other body to move women who have served this country midstream, it’s not so much the finan- this through. Speed counts here. Every with honor and distinction. cial or the monetary insult; it’s the in- day that this is delayed, another sol- f sult to what these folks went through. dier loses the opportunity to take ad- BULLYING PREVENTION LAW When they went, they were promised a vantage of this paid leave. benefit. When they came back, we had With that, Madam Speaker, I urge (Ms. JACKSON LEE of Texas asked cut it in half. my colleagues to support this legisla- and was given permission to address We hear a lot about a 99 and a 1 per- tion, and I yield back the balance of the House for 1 minute.) cent. There is a 99 and a 1 percent in my time. Ms. JACKSON LEE of Texas. Mr. this country—1 percent who are serv- Speaker, there’s nothing more precious ing in uniform and have served over- The SPEAKER pro tempore. The than the Nation’s children. Of course, seas, 99 percent of us who have bene- question is on the motion offered by we love and respect our seniors, respect fited from that sacrifice. the gentleman from Minnesota (Mr. our families, and respect our men and So I commend the delegation. I com- KLINE) that the House suspend the women in the United States military. mend this House. If there is an issue rules and pass the bill, H.R. 4045, as In fact, America has a great future. that binds this Nation together, it’s amended. But all of us realize that that future is the absolute unwavering support of The question was taken; and (two- grounded not only on our democratic those who are willing to lay down their thirds being in the affirmative) the principles, but on what we do for our lives and sacrifice time with their fam- rules were suspended and the bill, as children. ilies to serve each and every one of us. amended, was passed. Bullying in the Nation’s schools is at The least we can do is make sure that A motion to reconsider was laid on epidemic proportions. Two weeks ago, the benefits that were promised, that the table. in my community, one young person

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.064 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2699 took a sock with a lock in it and are all Members of Congress, but cuts. Not only would we have a smaller caused another young person to leave they’re usually for very short periods force, but there is a danger of a less ca- that school in an ambulance to go to of time, and whereas that sacrifice is pable force, particularly in this time in the hospital for some 15 to 20 stitches. difficult in a lot of ways, it pales in our Nation’s history as we continue to We’ve seen the results of bullying that comparison to the sacrifice of our men fight the war on terror both here at resulted in the suicide of one college and women in uniform who put them- home and abroad. student and the suicide of a 13-year- selves in harm’s way, not to mention I bring all of this up to say that, old. And we’ve certainly seen the their family members, who are also again, the light in our military is our movie ‘‘Bully.’’ sacrificing their children and their military families and the men and I want to thank Lee Hurst for joining spouses and their loved ones. women who serve this country so hon- me last week in listening to the stories This morning, on this plane ride, not orably. And we, as members of the of those who tell real stories. Today, I unlike many others, it was a stark re- House Armed Services Committee and introduced H.R. 5770, which is a bul- minder to me and to my family as my as Members of this United States Con- lying prevention law, including the re- husband stood by and watched this gress, have a duty to ensure that we authorization of the Juvenile Block family as they greeted us, as clearly are not only acting fiscally respon- Grant. It is imperative that this Con- the mom had a little tear in her eye, sibly, but we are doing it in a way that gress make a national statement that and it was just such a huge reminder to ensures that those men and women bullying is unacceptable, but more im- us of what individuals who have chosen have everything that they need to ac- portantly, that we give the tools to to enter into our military service do complish the task and the mission that we send them into. school districts around the Nation and for us to fight for the very freedoms There are several suggestions that communities to intervene and prevent that allow for me, Mr. Speaker, to have been made as it results to the $487 bullying. stand in front of you tonight to discuss billion in cuts as we downsize our Our children are precious. I ask my this ever-important act. force. One of them that came out and colleagues to join in a bipartisan man- b 1940 has been scrutinized particularly is the ner on this legislation. And so to the young man that I met C–130 decision. I just want to spend a f this morning in Montgomery, Ala- little time, since I, as a member of the FISCAL YEAR 2013 NATIONAL bama’s regional airport, to all of our committee, had an amendment before DEFENSE AUTHORIZATION ACT young men and women serving all over the Armed Services Committee last week to deal with the way that our The SPEAKER pro tempore (Mr. this great Nation and this world, thank military looked at these potential cuts, RIGELL). Under the Speaker’s an- you from the bottom of my heart for and actually provide us with the infor- nounced policy of January 5, 2011, the the privilege to serve them as a mem- mation that we need to then in turn gentlewoman from Alabama (Mrs. ber of the House Armed Services Com- provide oversight as members of this ROBY) is recognized for 60 minutes as mittee and as a Member of this Con- committee as to whether or not these the designee of the majority leader. gress. It is a tremendous honor and a are decisions that are going to provide Mrs. ROBY. Thank you, Mr. Speaker. privilege, and one that I certainly do us with the fiscal restraint that we It is truly an honor tonight to stand not take lightly. Overall, this bill that we passed out need. with other freshman colleagues to dis- The committee passed this amend- of committee that we will take up this cuss the ever-important number one ment during markup. Representative constitutional responsibility of this week restores fiscal sanity to our de- CONAWAY from Texas and Representa- Congress, in my opinion, very clearly fense budget and keeps faith with tive PALAZZO from Mississippi also spelled out: to provide for the common America’s men and women, as I have were on this amendment regarding the defense. Of course, this week the House already mentioned. It aligns our mili- Air Force’s C–130. I look forward, with will debate H.R. 4310, the Fiscal Year tary posture in this very, very dan- the other Members of the Alabama del- 2013 National Defense Authorization gerous world and rebuilds the force egation, to have a conversation specifi- Act. after a decade of war. cally with Secretary Donley and Gen- As you know, Mr. Speaker, we Now, do not be mistaken. You know, eral Schwartz as it relates to decisions marked this up in committee last week Mr. Speaker, that we are currently regarding the C–130. Mind you, and I into the wee hours of the morning and working, under the law, $487 billion in want to be very clear when I say this, it passed the House Armed Services cuts to the Department of Defense. We this could be the C–130, this could be Committee on May 10 with a bipartisan have sat as members of the House the Abrams tank, this could be vote of 56–5. This legislation specifi- Armed Services Committee in com- MEADS, this could be any other aspect cally provides for pay, funding, and au- mittee hearing after committee hear- of our military where we need to be thorities for America’s men and women ing where our joint chiefs and our com- asking these same questions. Certainly in uniform; and it’s the key mechanism manders have sat in front of us and this is important to us, the Represent- by which we fulfill our constitutional told us that, yes, in fact, we will have atives that signed on to this amend- duty to provide for the common de- a smaller force as a result of these cur- ment, because the C–130 is located in fense. rent cuts. I think we can all agree in our districts, but I want to be clear, be- This bill does many things. But I these fiscal times that there is not an cause this is not about just protecting thought what I would do in the begin- area that is funded by hardworking the mission at home. This is about ning of this hour, as I see some of my taxpayer dollars of this Federal Gov- making sure that across the board we freshman colleagues joining us tonight, ernment that doesn’t deserve harsh are asking the right questions to pro- is that I would start by just telling you scrutiny when it comes to fiscal cuts. tect the missions, as I’ve already stat- what happened to me just this morn- And our military is certainly going to ed, as well as making decisions that ing, as it often does. I, of course, have sustain those with these $485 billion in are going to find the savings that we two very large military installations in cuts. need. Alabama’s Second District. So I often- But under the Budget Control Act So our amendment very clearly just times have military men and women in and the joint committee’s failure to says, how did you determine which C– uniform on my planes as I fly back and provide the necessary cuts under that 130 aircraft will be retired and relo- forth to and from Washington. law, the automatic trigger that we cated, and the methodologies under- This morning, my husband had come here in Congress call sequestration is lying such determinations, including in with me because I had some extra set to take place at the beginning of what assumptions were made to define bags and he was helping me. And I January next year. What we have and shape these specifics determina- could tell that there was a family sit- heard in our committee hearings over tions. And the rationale for selecting ting there, and I suspected that the and over and over again from Secretary various C–130 aircraft from regular and young man was about to be deployed. Panetta, from General Dempsey, and reserve components, and the details of The father came over to me and spoke. others, is that our military cannot sus- the costs incurred, avoided or saved, Now, I’m away from my children, as tain another half-trillion or more in with respect to these C–130s.

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.066 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2700 CONGRESSIONAL RECORD — HOUSE May 15, 2012 And here’s the most important part— face the national debt crisis that we all part of this conversation because of the and again, this is why I believe this know on both sides of the aisle is real, harsh reality that we find ourselves in amendment could be applied through- $15.7 trillion of national debt, it is with $15.7 trillion worth of national out our military: the GAO has to audit clearly unsustainable. debt, we cannot go that far that we the Secretary’s report to make sure We have to have a conversation, an jeopardize their very well-being and that the true cost and benefit of the open and honest conversation with all their sacrifices that they have recog- planned retirement and relocations are of the hardworking taxpayers of Amer- nized on our behalf. realized. This amendment, like so ica and say here in Washington, D.C., So I was pleased to see in the pro- many others in this National Defense we are going to try to get our act to- posal out of the FY13 National Defense Authorization Act, is straightforward. gether, and to make the commonsense Authorization Act the fact that we This is a straightforward provision to decisions when it comes to our fiscal were able to beat back the administra- make sure that the Congress received house. And in that conversation, and as tion’s proposal to make significant fee the necessary information to make our we go forward as we did last week with increases in the TRICARE program— authorizing decisions in an objective the issue of sequestration and the re- TRICARE being the health benefits manner that will benefit our men and placement, the reconciliation that Mr. that our veterans earned and enjoy— women in uniform and the American RYAN from Wisconsin led, as we go for- and which serve over 9.3 million bene- taxpayer. ward with the debate on the National ficiaries, including 5.5 million military I have my friend here from New York Defense Authorization Act this week, retirees. I am glad to see that the and hopefully others that will be join- we need to go forward recognizing the NDAA, the National Defense Author- ing us. I know we have many difficult cuts that have already occurred on the ization Act, stopped that approach to decisions, but I just urge all of my col- defense side of the ledger. dealing with the cuts on TRICARE or leagues this week, as we move through It is my understanding, looking at in fee increases on the TRICARE side. the National Defense Authorization some of the numbers, that essentially I will always want to stand for those Act and all of the amendments that 50 percent of the deficit reduction ef- commonsense principles that say: Cuts, will be debated and voted upon, that we forts to date has come at the expense yes, we have to do them, but we cannot will do so with this young man whom I of defense expenditures. That is ap- do them across that line. spoke to this morning who is now de- proximately 20 percent of our Federal There is one area that I would like to ployed to Kuwait for a year, that we budget dedicated to defense spending. also address before I yield to some of my colleagues that have joined us here will do so with him and so many thou- b 1950 sands of others in mind as we move on the floor, and that’s the detainee through, making sure that we always So that 20 percent of defense spend- provisions of the National Defense Au- do our best because we are supposed to ing is already absorbing 50 percent of thorization Act, which is the language keep faith with our military families the deficit reduction efforts that we in the bill that deals with making sure and provide all that our men and have led here in Washington, D.C., pri- that the rights that we enjoy as Amer- women need to accomplish the mission. marily with the leadership of people ican citizens are protected when it With that, Mr. Speaker, I yield back like the lady from Alabama and other comes to the detainment of individuals the balance of my time. leaders in the freshman class. in America. The SPEAKER pro tempore. Under So we have to make sure that when I am pleased to see that language the Speaker’s announced policy of Jan- we go forward in this debate, we recog- that I cosponsored with gentlemen uary 5, 2011, the gentleman from New nize the sacrifice and the hard deci- such as Mr. RIGELL, who has joined us York (Mr. REED) is recognized for the sion—and rightfully so—that defense this evening from Virginia, and Mr. remainder of the hour as the designee has been part of this conversation of LANDRY from Louisiana. When this of the majority leader. getting our fiscal house in order, and issue came up in previous debates in Mr. REED. Mr. Speaker, I rise to- every dollar has to be scrutinized, and last year’s National Defense Authoriza- night to join with my colleague from that does include the defense budget. tion Act, there was a spirited debate, if Alabama (Mrs. ROBY) and applaud her But I think we’re at the point, you recall, Madam Speaker, in which leadership in establishing and taking Madam Speaker, where we have to be the issue came up: Do American citi- the lead this evening to discuss a crit- very sensitive to any additional cuts— zens still retain the rights as guaran- ical issue that we are dealing with here or those cuts that are going to be nec- teed under the Constitution when it in Washington as we go forward with essary because of the fiscal condition comes to the writ of habeas corpus? the debate on the National Defense Au- we find ourselves in America—that we There was a spirited debate, and I thorization Act. do not cross that line in the sand that clearly came down on the side that we Mr. Speaker, as you know, this is the we must never break. That line in the need to make sure that we protect authorization bill that takes care of sand is making sure that our men and those rights for American citizens, and our men and women in our military women in harm’s way are given the re- that any issues of detainment are done ranks. Mr. Speaker, I tender my com- sources, the equipment, the tools to in respect to the Constitution and all ments this evening based on the fact not only protect them when they’re the rights that we enjoy as free citi- that I am the son of a career military afield fighting for us and defending zens in America. I believe the bill did officer who spent 20 years in the Army, freedom of America, but when they address that last year, but there was a saw active duty in World War II and come home as veterans and enjoy the legitimate question raised about it. So Korea, received the Silver Star, mul- benefits that they’ve earned by engag- I’m pleased to see in this bill language, tiple Purple Hearts, multiple Bronze ing in that sacrifice, by being in harm’s it is my understanding, that will make Stars, for his efforts and his sacrifices way for all of us. We must make sure sure and be very clear that any Amer- that he made in those forums defending that we never cross that line with our ican citizen detained in America has America and standing up for all of the cuts to our military that put those the rights as guaranteed under the freedoms and the beliefs that we all men and women in harm’s way or those Constitution. I hope my colleague from hold dear in America coast to coast. So families that sacrifice so much with Virginia will touch on those issues, and I am honored to be a son of such a dis- them, to have to endure the situation I’m proud to stand with him to make tinguished individual in our Armed where those benefits that they earned sure that we send a clear message that Services, and though I never did wear are taken away. So we will stand, I American citizens continue to enjoy the uniform, I carry with me the com- think, united in a strong voice to make and will always continue to enjoy the mitment that he passed on to my 11 sure that doesn’t happen. I know I am rights and freedoms and protections as older brothers and sisters that you al- committed to it, Madam Speaker. And afforded to us under the Constitution, ways stand with our military, you al- I will always stand—as my father and that the writ of habeas corpus is ways stand with our veterans, Madam taught me and taught my older broth- secure and will continue to be secure as Speaker, and that’s why I join you to- ers and sisters and my mother—you we move forward. night to come to the floor and discuss stand with the vets, you stand with the We can go on and on, but I know I this important issue, because as we military. And though they have to be have some colleagues. I notice I’ve got

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.068 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2701 a non-freshman Member to join us to- whether it’s add money or cut money, tion calls for spending cuts without night, Madam Speaker, to address this is dealing with the root causes that de- bringing about the regulatory acquisi- critical issue, and we are pleased to mand that spending. For example, if we tion reform that’s necessary to really have our senior Members down with us. look at acquisition spending rather sustain that, the political impasse with With that, I yield to the gentleman than cutting people, there’s tremen- the Senate, it’s been tremendously from Kentucky. dous opportunities for cutting of spend- helpful to see the leadership of Chair- Mr. DAVIS of Kentucky. I thank the ing. The Federal acquisition regula- man MCKEON, members of the Armed gentleman for the opportunity to share tions, the defense acquisition regula- Services Committee to make sure that with you tonight, as I remember those tions prescribe a level of overhead that everything that’s possible to be done days being both a freshman doing Spe- would be considered unacceptable in will keep the money flowing before cial Orders, and also serving on the the private sector. these rules and regulations can be Armed Services Committee before The gentleman from Virginia, who’s changed. moving over to the Ways and Means about to speak, who is a successful ex- The other thing that I would say as Committee. I appreciate the chance to ecutive in the automotive industry, well is I voted against the Budget Con- share. watched great changes take place over trol Act last year precisely because of One thing that I would emphasize: time in terms of what it took to bring defense sequestration. There was an you know, over the last 18 months a car to marketplace. I’m going to unfair toll that was taken because the we’ve heard a lot of interesting argu- mention this in perspective of a de- root causes were not addressed in that ments in the media about the 99 per- fense example that I personally have and, hopefully, this lays the foundation cent and the 1 percent and on and on, been touched by. for that, along with other reforms that and it fueled lots of politics. I think Toyota, which is headquartered in are going to be included in the bill. the whole argument got best clarified my district, redesigns every part on At the end of the day, we have the by a group of Army men and women every vehicle and retrains every em- ability to debate tonight freely. Amer- who put together a little video called ployee—the entire customer service ican citizens who are watching this can ‘‘The Real 1 Percent.’’ It was focused network and distribution and supply share whatever views they want to. on servicemembers and servicemem- chains are redone every 3 years. The They can go to bed and not be in fear bers’ families. average time to bring an end item, a because of men and women who volun- Most recently, a little company vehicle, online in the United States teer to stand in harm’s way to answer called Ranger Up T-shirts—admittedly military right now is about 15 years. that call when it comes in the middle Now, I keep in my office a little me- with a tie to my alumni in the Rang- of the night, and I’m grateful for that, mento. As a former Army aviator who ers—more accurately stated it was the and they’re the last people that we flew here and in the Middle East and 0.45 percent. It just talked about the need to let down. And that’s why I’m a had two delightful tours in lower Ala- descending level of public involvement strong supporter of this Defense au- bama, which the current Speaker pro in the military to almost a minimal thorization. tem represents, at Fort Rucker, Ala- level. People don’t understand right I thank you for the time to share to- bama, I was very excited about the V– now, at this time, that we are in the night. midst of two wars, we have threats of a 22 Osprey coming online. I got to go to Mr. REED. I thank the gentleman wide spectrum that we’ve never had be- the factory in Fort Worth and was out from Kentucky for his comments and fore. When I enlisted in the military 36 on the floor, and I managed to pick up for coming this evening and spending a piece of scrap that was cut off from years ago next month, our Army was some time with us. And your com- flight test article number 1, the wing twice as big as it is today. We’re car- ments, before I yield to the gentleman spar for flight test article number 1 for rying an operations tempo that’s sig- from Virginia, have spurred some the V–22 Osprey. That was 22 June, nificant. thoughts that I would like to add to 1987. Now, here we are almost 25 years I’m very concerned about the cuts the conversation. later and that aircraft has just come and have made that clear. I’m grateful One of the things you touched upon is into service. There were starts, there for the leadership on the Armed Serv- the fact that, as we make cuts and we were stops, there were huge additional ices Committee of Chairman MCKEON downsize government, defense has to be costs that were put in by requirements to try to keep moving these numbers in part of that conversation, and the gen- that in many cases are entirely unnec- the right direction because it’s my tleman from Kentucky recognized that essary to get a safe and flight-worthy West Point classmates—who are com- in his comments, and I recognize that. vehicle. But I recall a conversation, as a manding divisions today—who are out What this comes down to is, if we can there facing these challenges of in- collapse these acquisition timeframes freshman Member I came here and creased operations tempo. And what an from 15 years to 5, we’re going to save we’ve met some individuals over the operations tempo is is this, Madam all of that cost. We can afford to make time, and one conversation that really Speaker: that’s how often the units the investments that are necessary in sticks out in my mind when it comes have to rotate or deploy into some type our active duty soldiers and in our vet- to this issue is a conversation that we of a theater of operations, whether it’s erans. It allows us to minimize the in- had, a handful of us, with Secretary of peaceful or hostile. stitutional impact of these deployment Defense, then-Secretary of Defense Bob With the drawdowns in personnel, if tempos and these wars. I think, fur- Gates. And what Mr. Gates expressed operations in Afghanistan continue thermore, it’s going to allow a more to us is he says, Lookit, we can go through 2014 and beyond, potentially, agile defense industrial base that will through this process, and we need to go that means the deployment rate of our have predictability and can adapt our through this process and downsizing marines and our soldiers could actually technology and our tools to new our military and downsizing and tight- be greater than it was in recent years threats as they emerge, because a lot ening our belt where we can because of and actually exceed the time during of the weapon systems that come on- the national debt crisis that we now the surge in Iraq in 2007. That’s uncon- line now in fact were designed for an- found ourselves in. scionable to me. other era and another timeframe. As former Joint Chief of Staff Admi- The key to successful doctrine and to ral Mullen advised the President, the successful defense policy ultimately b 2000 biggest threat to America was not a begins with investing in people. The To overcome that, we’ve got to military threat; it was the national second thing we do is address the change the process, and that’s going to debt. And that type of sentiment is threat. Then, after we address the come by a long period of interagency shocking to me, and it should scare all threat, we look at doctrines to deal reform and other efforts. But I want to of us in that we have to get this fiscal with that, and finally systems. tell you, in this Defense authorization, threat under control. Are there opportunities to make cuts the keys to beginning that process are But the conversation with Bob Gates in defense to save money? Absolutely. addressed. was we’re going to do this. But as we But one of the challenges that often I think, in a very difficult political were engaging in that conversation, gets missed in debates in Washington, environment between the administra- Madam Speaker, he pleaded with us

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.070 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2702 CONGRESSIONAL RECORD — HOUSE May 15, 2012 and said, as we do this, as we make NDAA that we’ll vote on this week. I hope will pass, which will incorporate these cuts, please do not take these And I also rise to really sound the that mechanism into the NDAA, so a cuts or these dollars and apply them to alarm, Madam Speaker, about a budg- vote for the NDAA is also a vote to other government spending or expand etary cut to our Defense Department avert sequestration. government in other areas because, that is looming. It’s right around the To put this in perspective, in addi- what he was essentially saying was, if corner. And early January of next tion to the $487 billion that was re- you take the money from defense and year, if not averted, it would have a duced by the President’s budget, this is you put it in another area and further most serious and detrimental impact another $492 billion. It’s almost a $1 expand government, every year we are on our ability to defend our great coun- trillion reduction over 10 years. It going to have this problem. We are try. And I want to talk about that and would have disastrous consequences for going to compound the problem so that share this with the American people. soldiers, veterans, national security you take money from defense, grow It’s a matter of serious and grave im- and the economy. government on other sides of the ledg- portance, and it really should be under- b 2010 er, or other areas, and you’re going to stood by every American. I’ll share with you a few examples of, Now, Madam Speaker, I have the continuously take meat and bone even- really, the practical implications of great privilege of serving and rep- tually out of the military spending, this and how detrimental they are: the resenting the Second District of Vir- and you’re going to downsize the mili- smallest ground force since 1940; a fleet tary to a point where it will not be able ginia, southeast corner, all the Eastern of fewer than 230 ships when we know to do fundamentally what we need it to Shore, all of Virginia Beach, a good that our maritime needs are not de- do, and that’s to protect American citi- part of Norfolk and a bit of Hampton. creasing—they’re increasing—prin- zens. Includes the Norfolk Naval Air Sta- cipally, in the Pacific. Now, that would And the other thing I wanted to com- tion, Norfolk Naval Station, Norfolk be the smallest level since 1915; the ment on, as the gentleman from Ken- Naval Air Station Oceania, with the smallest tactical fighter force in the tucky has rightfully pointed out, is Dam Neck Annex, the Joint Expedi- history of the Air Force. that the threat that we face as we tionary Base, Little Creek, Fort Story, I know that there are other Rep- downsize and pull back from Iraq and Joint Base Langley, Eustis, Wallace Is- resentatives here tonight, my col- Afghanistan, and I’m glad we’re com- land Surface Combat Systems. leagues, who want to speak on this ing to an end in those engagements, The 1 percent, they live in our dis- issue, so I want to close with this and I see the finish line, obviously, in trict, they serve in our district. You thought: I mentioned earlier that lead- Afghanistan and the Iraqi situation see them in the lines at a Starbucks or ership is really about setting a clear where we have downsized ourselves and the restaurants and businesses around and compelling vision for our country pulled ourselves back, and that’s good. town. They’re hardworking men and and then laying out that it’s incum- But what we cannot do is we cannot women. They love their country, and bent upon that person to also have a get into a situation where we downsize they serve with great distinction. practical plan—the steps that the our military, where we put them into a Indeed, it’s the district, of all 435, it country needs to take to make that vi- position where they no longer can be has the highest concentration of men sion a reality. effective to annihilate the threats that and women in uniform of all 435 dis- I am very proud of the House in that are out there, because the threats are tricts. And it really is a high honor and we passed a comprehensive plan to do still there. The threats are still real, really a high responsibility and duty to just that. As I look at where the ad- and we need the platform across the serve and represent the Second Dis- ministration is, there truly isn’t a world to make sure that we have the trict. plan, and our Commander in Chief has ability to use the brightest and strong- I completely identify with my friend, not risen to address sequestration. In est people we have in America, the men the gentleman from New York, when fact, he has made it clear that he and women of our armed services, so the gentleman was referring to how he would veto efforts to avert sequestra- that they have the platforms to go, was inspired by his father’s service. In- tion. I look to the Senate, and there is strike, annihilate that threat, and then deed, that’s why I sought this office is absolutely no action coming out of come back home. to honor my father’s service, who was there. It hasn’t passed a budget in over And that is what we need to make in World War II as a marine at Iwo 1,000 days. sure we do not cross and we go too far Jima, and really the generation he rep- I am respectfully asking the Amer- in these cuts, that the men and women, resents, and also to meet the deep obli- ican people to look at the record. I be- when we ask of them to go and defend gation that we have to our grand- lieve we are an imperfect party in that America and annihilate those threats children and our children, and that is we haven’t done everything just right, so that we can fight them over there, to pass on the blessings of liberty and yet the record is clear: We have a plan; rather than here on American soil, be- freedom. And the principal way we do it’s there; it has been passed. In the cause we never want to have that expe- that is by meeting our constitutional Senate, there is no plan. The adminis- rience of 9/11 again. duty to defend this great country. tration really has no plan particularly We have to make sure they have the Where we’re headed, in January of when it comes to averting sequestra- resources and we stand with them so next year, is in direct conflict with us tion. that they have those platforms in meeting that deep obligation, the cuts So, when my amendment comes to which to deploy and protect us, as they that potentially will come if we don’t the floor tomorrow—or whenever it have been doing for generations. avert it, and I’m doing everything I can does hit the floor—I trust that my col- With that, I would like to yield to with my colleagues here tonight to leagues will see the wisdom of incor- my colleague from Virginia, and I’m so avert that. The formal term is ‘‘seques- porating that into the NDAA. It would happy he has joined us this evening. tration.’’ And as a businessman, I refer avert sequestration. This needs to hap- GENERAL LEAVE to it as a violent reduction. It’s be- pen in order to meet the deep obliga- Mr. RIGELL. Madam Speaker, I ask tween 8 and 12 percent reduction. And tion that we have to every American in unanimous consent that all Members it happens immediately. order to honor the veterans who have may have 5 legislative days in which to Even for those who believe that our served, to honor those veterans who revise and extend their remarks and in- budget for defense ought to be less, are serving now and our gold star fami- clude extraneous material on the sub- there’s no person that I know of that lies—those who have lost loved ones in ject of this Special Order. would agree that this is the responsible service to our country. I trust and be- The SPEAKER pro tempore (Mrs. way to do it. lieve we will do the right thing. ROBY). Is there objection to the request Now, as I look for leadership, the Mr. REED. I so appreciate the gen- of the gentleman from Virginia? House has passed a mechanism by tleman from Virginia for being down There was no objection. which sequestration would be com- here and expressing the sentiments Mr. RIGELL. I thank the gentleman pletely averted and, indeed, I have al- that he did. for yielding. And I rise tonight, Madam ready introduced an amendment to the Before I yield to the gentleman from Speaker, in strong support of the NDAA which will come to the floor and Colorado, I had a thought as you were

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.072 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2703 expressing your words for the RECORD in making sure that we are providing are ways that we can reduce spending. and were addressing the Speaker. the leadership necessary for our Armed We can find waste, abuse. We can re- Madam Speaker, I think it needs to Forces. duce duplicative programs, including be clearly laid out because I have seen The gentleman from Virginia men- those programs that may be within the some reports in our national media tioned a key word. He mentioned the Department of Defense. But we can that have kind of set the stage a little word ‘‘leadership.’’ The leadership is never, never jeopardize the security of bit, in my opinion, that what is going obvious that this House has shown in this country, the security of our men on here in Washington, D.C., with the making sure that we are strengthening and women in uniform—those people sentiment and the debate is to try to and keeping our defense strong in this who are serving on the front lines of avoid sequestration. Yes, that is true. Nation while also addressing the very freedom around the world—by cutting We’re trying to have an open and hon- serious crisis that we face with our na- too far and too deep. est dialogue with all Americans as to tional debt and deficit: passing a rec- The question that, I think, every how we can make sure that our men onciliation plan, working with Mem- American and every person in this and women are not put in harm’s way bers of this House to make sure that Chamber ought to be asking is: Where in our armed services, but what we we come up with ways to find spending is the leadership from the White cannot do is in any way deflect from cuts, to reduce spending but to do so in House? Where is the plan to avoid these what is causing this debate to occur, a way that is responsible, to do so in a cuts that jeopardize not only our men Madam Speaker. The reason this de- way that provides the leadership that and women but the very security of bate is occurring is that the national our Armed Forces deserve and that the this country? Where is that plan to debt is forcing this debate to occur. people of this country deserve. avoid very costly cuts that jeopardize What we are having is the conversation Last week, a week ago yesterday, I the future of this Nation? of how to address the national debt and had the incredible opportunity to go to We passed a plan out of this Chamber to make sure that defense and the cuts the Iwo Jima Memorial where I was to reduce spending by $1.2 trillion but are part of this conversation, but we able to join over 100 veterans from my to do so in a way that provides the cannot go too far and cross that line in district in northern Colorado who had leadership that this Nation desperately the sand that I referred to earlier. served in World War II and the Korean needs. What I am deathly afraid of is that war. These veterans came from Gree- Our men and women are standing up this is going to turn into some folks ley, Fort Collins, and from across the around this country—those men and trying to paint us on this side of the State’s eastern plains. They were there women I met at the Iwo Jima Memo- aisle as just trying to avoid making to spend one day in Washington to visit rial a week ago, who stood in the cuts to the military. Yes, we are trying the World War II Memorial and to visit trenches in Korea and World War II, who are counting on us to do what is to do what is responsible and make the various monuments that are here right. Their legacy of freedom didn’t sure that our military is protected, in their honor for their service and end when the wars ended. It continues that our men and women are protected, their sacrifice. to this very day as they stand with and that we stand with our veterans I met three brothers who served on their brothers and sisters in arms to and stand with the benefits that they the same ship in the . I met make sure that this country has the have earned and that they so deserve. a gentleman who was 92 years old who ability to protect and defend itself. But we cannot let the debate end there. had never been on an airplane since his The debate has to reflect what is caus- time in World War II. As I was leaving, b 2020 ing this. as they were departing for their bus, a Ultimately, the leadership provided This is why I truly do believe that gentleman who was 85 years old came by this House will make sure that we Admiral Mullen echoed those words to up to me and put his hand on my shoul- continue to fund our defense, that we the President—that the biggest threat der. He stopped me and I turned continue to fund our men and women to America is our national debt—be- around. in uniform appropriately, and that our cause with the national debt, what Ad- He said, You know, I don’t have much national security will remain protected miral Mullen was pointing out to time left here—I really didn’t know against any and all threats. I believe Madam Speaker and to everyone across where he was going and what he was the Secretary of Defense has even rec- America is that the national debt is talking about—but he said, We’re ognized the grave challenges that the going to cause us to have the debate in counting on you. sequestration poses for our men and Washington, D.C., as to whether or not And I’ve thought about that. I women in uniform. But I think it’s we are cutting too much out of defense thought long and hard about those time the question be asked to the and putting our men and women in words: ‘‘we’re counting on you’’ to do President of the United States: harm’s way. That is where we are in the right thing, to do what is right for Mr. President, where is your plan to Washington today, and we cannot have our country, to do what is right for our protect our men and women in uni- the simple conversation that we are military, to do what is right for our form? Where is your plan to continue trying to avoid cuts for the purposes of men and women across this country the great protection of this country? avoiding cuts. No. Madam Speaker, we who go to work each and every day to While my colleague from New York are dealing with a national debt crisis try to make ends meet but who are and my colleague from Virginia come that is forcing us to have this debate. protected by people they’ve never met and speak about the great risks and What we are trying to do on this side around the globe. challenges that we face, everybody rec- of the aisle is to make sure that we do There is no doubt that we have a very ognizes that we have to address our the responsible thing and to make sure serious fiscal challenge in front of us. debt-and-deficit situation. It reminds that our military is strong—that she is There is no doubt that we are $15 tril- me of a time when Zell Miller, a Sen- ready to defend us on a moment’s no- lion in debt. There is no doubt that $1.5 ator from Georgia, asked the question: tice from any threats, foreign and do- trillion deficits must make tough deci- What are we going to do? Are we going mestic—and that we do not put men sions around this place happen. The to provide the ammunition for our men and women in harm’s way when we ask one thing that we cannot do is jeop- and women in uniform with spitballs, them to go and fight for our freedom. ardize the safety and security of this or are we going to do what is right, by With that, I yield to the gentleman country and put our men and women in providing them the ability to defend from Colorado, who has joined us this uniform at risk. themselves? evening on this important topic. I am somebody who has come to the With that, I thank again our col- Mr. GARDNER. I thank the gen- House floor time and time again, who league from Alabama (Mrs. ROBY) for tleman from New York for his words has gone back to the district, and who her leadership on this very important and for his comments on sequestration, has stood with many of my col- issue. on defense spending, on the challenges leagues—with the gentleman from New Mr. REED. I so appreciate the gen- that we face in this country. I also York—to say, You know what? I be- tleman from Colorado coming and of- want to thank the Speaker, who is our lieve we can reduce spending at the De- fering his comments on this important colleague from Alabama, for her work partment of Defense. I believe there issue.

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.074 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2704 CONGRESSIONAL RECORD — HOUSE May 15, 2012 Just briefly before I yield, I am re- of leadership, as I see it, the adminis- more than 1 million people and support minded from the gentleman’s com- tration and also the Senate, because more than 2 million middle class jobs ments when he referenced leadership it’s so important to understand kind of across the United States, all in an ef- and the story that the gentleman tells how we got here. In the role of Com- fort to protect our men and women of the 85-year-old veteran who put his mander in Chief, it is really incumbent who are fighting for and defending the hand on his shoulder and said, We’re upon the President, in my view, to ar- freedom and liberty that everyone in counting on you, because that is the ticulate and put forth a plan that this room so enjoys. sentiment that forced or caused me to would avert what his Secretary of De- b 2030 run for Congress in the beginning and fense has made so clear is completely to become a part of this freshman class unacceptable. The level of cuts, the se- I could go on and on. You know that of 2010. verity of the cuts, the suddenness of we could talk well past the hour, al- I look at the national debt, I look at the cuts is really what we’re referring though we don’t have that time. the economic turmoil that we find our- to here. It’s not the almost half a tril- Very quickly, I will thank my friend selves in, the fact that we cannot cre- lion that was already proposed in the from Virginia once again. And is there ate jobs in America to the level so that administration’s budget. That’s bad anything else my friend from Colorado people can put food on their table and enough. We’re here tonight, I think in would like to add? put a roof over their head and go to bed part, to sound the alarm to the Amer- Mr. GARDNER. I know our friend comfortable and confident that they’re ican people that this is an additional from Virginia talked about the con- going to get up tomorrow with a job to almost half a trillion dollars of cuts. cerns of the Secretary of Defense, yet go to. I see the turmoil we face in Mr. Speaker, you cannot build 90 per- we still have no plan from this White America right now at the same mag- cent of a submarine; you cannot build House on how to deal with the very se- nitude as that generational crisis that 90 percent of a carrier. It will be a legal rious problem that faces our troops and that 85-year-old war veteran stood up nightmare. Contracts will have to be jeopardizes our country’s security. for in World War II to stand as a united broken and then renegotiated. It will I thank the gentlelady from Alabama country to save Lady America and the be a quagmire from just a legal stand- for her leadership tonight. freedom that she represents. point. Mrs. ROBY. I thank you both. What I’m hearing in Washington, So I thank the gentlelady for yield- Again, to all of our veterans and D.C.—and I’m sad to say out of the gen- ing and for the opportunity to again military servicemembers and per- tlemen in the administration, I see address this critical issue. And I call sonnel, we just say thank you. And I urge my colleagues to support leadership that is trying to divide this upon the administration and I call country when we face a crisis the mag- upon the Senate to meet the House the National Defense Authorization nitude of such that is generational. La- where we are, which is to put forth spe- Act this week, as we move through the dies and gentlemen of America and Mr. cific plans. This is leadership. open process that we have, so that we Speaker, the time is now to unite, not I thank the gentlelady for yielding. can continue to give those men and divide, and conquer this issue of the Mrs. ROBY. Thank you to my friend women and their families all that they national debt because it is forcing us to from Virginia. need to ensure that they are able to ac- have the conversation of cuts to our I just point back to H.R. 5652, which complish the mission. military that is going to put men and is the Sequester Replacement Rec- Mr. Speaker, I yield back the balance women in harm’s way. That is not ac- onciliation Act that we passed in this of my time. ceptable on our watch. House. Here we spend so much time Mr. SCHILLING. Mr. Speaker, I want to Mr. Speaker, at this point in time I while we’re here in Washington, when thank Congresswoman ROBY for holding this know the gentleman from Virginia we’re back home in our districts, for important leadership hour. I rise today to would like to speak, but I’m going to me when I’m at the grocery store or speak on some important issues facing our yield the balance of the time to the pumping gas or taking my kids to military as well as some provisions within the leader of the freshman class, the gen- school, talking about jobs and the National Defense Authorization Act. tlelady from Alabama (Mrs. ROBY) who economy. We’re talking about the Here is the bottom line: Our national debt, scheduled this Special Order. things that we here in this Congress which is approaching $16 trillion—or $50,000 Mrs. ROBY. Thank you to my friend have done to create so much uncer- for every person in this country—is a national from New York. I appreciate you being tainty for you, the small business security threat and we must find ways to bring here tonight and controlling the time owner, and the reflection of the lack of our spending under control. for a little while. jobs because of decisions that are made This House has acted to change the debate As we have a few more minutes, I here. from how much can Washington spend to how would like to yield to the gentleman All you have to do is look at the Se- much spending can we cut? We’ve led by ex- from Virginia. quester Replacement Reconciliation ample and cut our own office budgets by al- Mr. RIGELL. I thank the gentlelady, Act to see that what we need to be fo- most 12 percent. With the belief that more my friend. It’s a pleasure and a privi- cusing on is priority. It’s about pri- common sense in Washington can lead to un- lege to serve with the gentlelady on ority. What is our job as Members of common savings for the taxpayer we have the House Armed Services Committee. Congress as laid out by the Constitu- taken a government wide approach to cutting I appreciate her leadership on the tion of the United States? As I’ve al- spending House Armed Services Committee and ready pointed out, it’s to provide for a The House has also stressed efficiencies in holding this time tonight to talk strong national defense. When we talk when it passed a bill by my colleague ALLEN about just the critical subject of de- about jobs and the economy and then WEST that would cut the Department of De- fending this great country. the stripping away of the tools that our fense’s printing budget by 10 percent. Just last night, I was with Congress- men and women in uniform need in However, placing our warfighters at risk is man FORBES and Congressman WITT- order to defend this country—I just not the solution to our debt problem. There MAN in Chesapeake, Virginia, listening want to give you a little snapshot to are proposals out there to make deep cuts to for over an hour to local contractors end on what that picture looks like. the Department of Defense that would only speaking about how this looming issue Specifically, 200,000 soldiers and ma- create dangerous consequences for the sta- of sequestration is already affecting rines would have to separate from serv- bility of our fighting forces. One proposal not only our larger economy in our re- ice, bringing our force well below pre-9/ would reduce Department of Defense civilian gion, but also just our ability to defend 11 levels. We would have a fleet of employee levels beyond what our organic in- our great country. Companies are mak- fewer than 230 ships. That would be the dustrial base can handle. As a member who ing decisions right now and critical and smallest since 1915. We would have the represents a vital part of our organic base, the talented people are being laid off right smallest tactical fighter force in the Rock Island Arsenal, these proposals strongly now in advance of the sequestration history of the Air Force and a reduc- concern me. that very well could occur in January tion of 20 percent in defense civilian The largest concentration of civilians in the of next year. personnel to go to your point. Army is within the Army Materiel Command If I go back to my previous com- These industries—aerospace, defense, and the largest concentration of civilians within ments, I was talking about the failure and industrial base—directly employ Army Materiel Command is found in our

VerDate Mar 15 2010 04:59 May 16, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\K15MY7.076 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2705 arsenals and depots—or our organic base. REPORT ON RESOLUTION PRO- major wars to a period in which we will This organic base is what ensures that our VIDING FOR CONSIDERATION OF not be having men and women overseas military is warm and ready to go at a mo- H.R. 4970, VIOLENCE AGAINST in these wars. That allows this Nation ment’s notice. WOMEN REAUTHORIZATION ACT to draw down the military in an appro- priate and very careful manner. Unfor- That is why I am also concerned about pro- OF 2012, AND PROVIDING FOR tunately, the bill that moved out of the posals that would reduce organic base spe- CONSIDERATION OF H.R. 4310, NA- House Armed Services Committee cialization in areas like manufacturing. TIONAL DEFENSE AUTHORIZA- TION ACT FOR FISCAL YEAR 2013 didn’t do that. In fact, it moved away Without the ability to specialize in these from the current law, which is one that Ms. FOXX (during the Special Order areas, our warfighters could be left flatfooted was voted on by all of our Republican of Mr. REED), from the Committee on when emergencies happen. For example, the colleagues, which was the Budget Con- Rock Island Arsenal was able to produce up- Rules, submitted a privileged report trol Act that actually said the military armor kits for the doors of Humvees for our (Rept. No. 112–481) on the resolution (H. had to be brought down. And the dis- troops in Iraq and Afghanistan when their ve- Res. 656) providing for consideration of cussion you heard here about the Presi- hicles were being attacked with IEDs. The Ar- the bill (H.R. 4970) to reauthorize the dent not having a plan, it simply isn’t senal’s ability to do this work quickly gave in- Violence Against Women Act of 1994, true. The President has put forth a bal- dustry the time it needed to create long-term and providing for consideration of the anced solution to the deficit within the fixes for them and provided our troops with the bill (H.R. 4310) to authorize appropria- confines of the Budget Control Act, a tools they needed to most safely and effec- tions for fiscal year 2013 for military balance that has been rejected by the tively accomplish their missions. activities of the Department of De- Republicans, a balance that calls for fense, to prescribe military personnel revenues, ending unnecessary tax During this time of fiscal constraint we must strengths for fiscal year 2013, and for breaks—for example, for the oil indus- be careful not to penalize our organic base— other purposes, which was referred to try. Why should they receive $5 billion which provides quality to the warfighter and the House Calendar and ordered to be a year of our tax money on top of the value to the taxpayer. We must preserve and printed. tens of billions of dollars in profits strengthen our organic base, not weaken it. f that they are making in the sale of The workers at the Rock Island Arsenal are a overpriced gasoline and diesel to the great example of how manufacturing skill can REAUTHORIZING THE VIOLENCE American public? yield success for our warfighters. AGAINST WOMEN ACT So the President says, take away In addition to serving on the House Armed The SPEAKER pro tempore (Mr. those unnecessary subsidies and bring Services Committee, I also serve on the Small ROKITA). Under the Speaker’s an- those back into dealing with the nec- Business Committee where our focus is solely nounced policy of January 5, 2011, the essary things that we must do in this on job creation through helping small busi- gentleman from California (Mr. Nation. He also said that men and nesses. GARAMENDI) is recognized for 60 min- women who earn over $1 million a year in adjusted gross income ought to be Small businesses have proven that they can utes as the designee of the minority paying their fair share. perform a service or produce goods for the leader. Mr. GARAMENDI. Mr. Speaker, I There was discussion a moment ago government at a lower cost and often at a about the budget reconciliation bill faster pace than their larger counterparts, but thank you for the opportunity to take this 1 hour. that passed this House. Understand many challenges remain for businesspeople that the budget reconciliation bill, as seeking to break through the bureaucracy. We want to spend this hour dis- cussing a piece of legislation that is ex- proposed by the Republicans, would in- My colleague on the Small Business Com- traordinarily important to every crease the national deficit by $4 tril- mittee, Representative JUDY CHU, and I intro- woman and every man who lives within lion. How does it do it? By giving an duced H.R. 3985, the Building Better Business the United States. It’s the Violence extraordinary new tax break to those Partnerships Act in February, which passed Against Women Act, which is up for re- at the very top. Those who earn more through the Small Business Committee last newal, and we’ll be discussing that. But than $1 million a year would see their month, to reform mentor-prote´ge´ programs before I go into that, we’ve just heard taxes reduced. So at $1 million a year that exist to help small businesses win govern- an hour of discussion on an extremely in earnings, they would receive an ad- ment contracts. important matter, which is the issue of ditional tax reduction of $394,000. That’s neither fair, that’s neither bal- The Building Better Business Partnerships national defense. anced, and that clearly leads to an ad- Act allows the Small Business Administration I do sit on the House Armed Services ditional $4 trillion. to oversee civilian mentor-prote´ge´ programs to Committee, and I spent about 16 hours Back to the defense. We need a wise streamline the process for each agency and last week working to move that bill Defense appropriations bill out of this ensure the programs are benefitting all small out of committee. Every single person House. Unfortunately, though, what businesses. on that committee and every single did pass was not wise, and it actually This bipartisan language was successfully person in this House and in the Senate increased the number of men and included in the FY 2013 NDAA in Committee cares deeply about this Nation’s secu- women in Afghanistan. These are our to help small businesses compete for and win rity and providing the necessary sup- Armed Forces. Under that bill, there more government contracts so they can create port for the men and women who are would be an increase of 20,000 new sol- jobs and get folks back to work. currently in the military and those diers into Afghanistan. That’s not who have served in the past. There’s no where we want to go. This week, the House will debate the De- doubt about that. fense Authorization bill. Our Constitution re- Having said enough about that, I just There is, however, a very important thought we ought to put a little bal- quires that we ‘‘provide for the common de- debate underway about how we provide ance on the previous hour of discus- fense’’ and for fifty years in a row, Congress those services, given the ability of this sion. So let us get on to what we really has acted to authorize defense programs. I Nation to find the money to pay for it. wanted to talk about tonight, which is, look forward to working on a bipartisan basis You heard a most remarkable debate how do we protect women in America? to deliver a strong, common sense defense bill this last hour—or a discussion this last In 1994, a previous Congress passed for the United States of America. hour, not a debate—but a discussion the Violence Against Women Act, and Again, I want to thank Congresswoman that basically, on the one hand, said, that act provided a level of protection ROBY for holding this leadership hour. This we’ve got this terrible deficit problem, to every woman in America to be pro- July, the Rock Island Arsenal will celebrate and we have to deal with it; and on the tected from domestic violence. I have 150 years of protecting our brave men and other hand, we have to spend more and with me tonight one of the key archi- women. As a member of the House I will con- more money on the military. tects of that piece of legislation. She is tinue to pursue policies that allow our arsenals Now recognizing that the war in Af- now a Member of Congress. She is from to thrive and grow their workload so that the ghanistan is drawing down and hope- the great State of Maryland. Her name Rock Island Arsenal can celebrate another fully will very soon be over, we are is DONNA EDWARDS. Back in the nine- 150 years and beyond. moving away from carrying on two ties, she was the founding director and

VerDate Mar 15 2010 04:59 May 16, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A15MY7.028 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2706 CONGRESSIONAL RECORD — HOUSE May 15, 2012 the executive director of the National who are experiencing violence is not the story of my own family, a family of Network to End Domestic Violence. something that we understand. four girls—and they say one in four The National Network to End Domes- Today, we had an opportunity on the women experiences violence at any tic Violence was an organization that grounds of the Capitol to honor peace time in their lifetime. Well, that was Representative EDWARDS put together officers from across the country. Some my family. My one sister was held at composed of State organizations that of those peace officers lost their lives gunpoint and at knifepoint in my were dealing with domestic violence, because they were responding to situa- household. many different kinds of organizations tions of domestic violence. And I think that what we did in 1994, throughout the United States. Rep- When the Violence Against Women what we’ve done in constituent legisla- resentative EDWARDS put that to- Act was passed in 1994, it was passed tion reauthorizing the Violence gether. And she’s here tonight to lead because of several years of prior work. Against Women Act in 2000 and 2005, the discussion on how we can renew the I remember working on the Violence has gone a long way to ensure that Violence Against Women Act in a way Against Women Act and its various women like my sister, women like my that expands the protection to all iterations as early as 1990 with ORRIN coworker, like the students in college, women in the United States, all HATCH, a Republican from Utah, and like battered immigrant women who, women. And central to this discussion Senator JOSEPH BIDEN, now Vice Presi- under threat of deportation from their will be that issue of all women within dent, a Democrat from Delaware, work- abuser, under the threat of their own the United States. ing on the House side with Republicans physical safety, afraid—because they But before I turn it over to her, as and Democrats as we sought the right might be deported—from going to seek the Republicans always want us to do, kind of compromise so that we can end shelter and services. I would like to read a couple of clauses the scourge of domestic violence in Well, in 2005, when we reauthorized of the United States Constitution. The homes all across this country. the Violence Against Women Act, we 14th Amendment, in the end of section Since the passage of the Violence said to those battered immigrant 1, says: Against Women Act as a bipartisan women: you don’t have to be under No State shall make or enforce any law piece of legislation, it really revolu- threat of deportation if you’re experi- which shall abridge the privileges or immu- tionized the way that violent crimes encing domestic violence. And yet here nities of citizens of the United States; nor against women are prosecuted and pre- we are today in a Congress where the shall any State deprive any person of life, vented and the way that communities other side of the aisle, the Republicans liberty, or property, without due process of respond to survivors. I can recall as in the Congress, are actually proposing law; nor deny to any person within its juris- long ago as when I was in second grade rollbacks in the protections that we diction the equal protection of the laws. And section two of the 14th amendment of the living on a military installation in have offered to those who have experi- United States Constitution, says, ‘‘The Con- very close quarters where you could enced domestic violence, whether they gress shall have the power to enforce, by ap- hear through the thin walls the family are citizen survivors or they’re immi- propriate legislation, the provisions of this that was experiencing domestic vio- grant women or they require cultural article. lence. And our experience then is that and linguistic services or they’re les- ‘‘Any person,’’ a key subject for to- the military police would respond. bians and gays and transgender people night’s debate. They would drive the servicemember in relationships that also require serv- Representative EDWARDS, you’ve around the block and he would be back ices. been at this for many years. Please in the home. That was happening not This is not the kind of country we share with us the background, the his- just on military installations, but in are. I think certainly in 1994 and in the tory, and why this is such an impor- communities all across the country. subsequent reauthorizations of the Vio- tant part of what we must do here. With the passage of the Violence lence Against Women Act in 2000 and Ms. EDWARDS. I thank the gen- Against Women Act, it was a real mes- 2005 that passed with overwhelming bi- tleman from California for yielding and sage to law enforcement: we’re going to partisan support, that we did not envi- for your leadership. provide you the tools and training and sion that in 2012 we would actually be I was thinking here, as I was sitting, capacity to respond appropriately to rolling back the protections that we that 18 years ago almost this month, I victims of domestic violence. had offered those who experience vio- testified before the House Judiciary That’s what we did in 1994. It’s what lence. Committee before the passage of the we reauthorized with bipartisan sup- I will have more to say about this be- Violence Against Women Act on behalf port in 2000, and then again in 2005. cause I think when I think back to my of the domestic violence advocates and I can remember as a resident adviser history of working on this issue—and survivors all across this country. And in college the horrible situation of hav- so many of us have in this Congress— 18 years ago, we were discussing with a ing to call an emergency service for a across the aisles to provide the kinds of bipartisan group of Members, Repub- young woman who had attempted sui- supports and services and shelters and licans and Democrats, men and women cide because she was in a violent rela- programs and training and law enforce- who believed that it was finally time tionship. In 2005 and 2000 we put re- ment and prosecution that hold people for the Federal Government to provide sources in the Violence Against Women accountable, that it is really sad that resources for shelters and services and Act that enabled colleges and univer- we’re here on this floor of the House programs and support for law enforce- sities and communities to provide the today rolling back the protections for ment and for protections for women kind of support and services that that those who experience violence. who were experiencing domestic vio- young woman would have needed. With that, if you would not mind, lence. I can recall being a coworker of a Mr. GARAMENDI, I know that we’ve been young woman who showed up at work joined by others. b 2040 every day, working in a high-tech- Mr. GARAMENDI. Why don’t we And I am actually saddened today nology field, fully educated, but she work together here. But before we pass that here we are in the Congress with was experiencing violence. She calls the baton to our colleagues here, I Republicans taking one track and me on the telephone in the middle of think we all need to recognize the ex- Democrats on another track on an the night from a phone booth, naked, traordinary work that you have done issue that for the time that I have had having been battered by her abuser, over these many, many years on this professional experience on working on not having anyplace to go and a shelter issue, and understand now how it af- this issue in State legislatures and in very far away. Today, because of what fected your family. And I dare say it the Congress has always been worked we’ve done in the Federal level on vio- affects every family in America. If it’s across both sides of the aisle with great lence against women, that particular one in four women are at some time in agreement about the need to protect survivor, that victim has recourse and their life abused and threatened with women against violence, and that in has the ability to seek shelter and violence, we’re talking some 40 million fact we stand here today with a par- services available to her. women. It’s an extraordinarily serious tisan divide that I think for so many When I testified 18 years ago before problem. And the legislation that you millions of women across this country our House Judiciary Committee, I told helped write back in 1994 needs to be

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.079 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2707 reauthorized and strengthened, not Vanessa Favela, 23, was shot and though it may be a closed rule to be weakened. killed. able to provide 70 percent funding to I would like now to turn to SHEILA Donna Baeza, 48, was stabbed to end the backlog of rape kits. There is a JACKSON LEE, our colleague from death by Harold. massive backlog of rape kits, which Texas, who is deeply interested in this Marquita Brown, 25, was shot to means that a woman is denied justice and has spoken on this before. And death. because those rape kits are not being then, with your permission, Represent- Another unidentified victim was shot processed. These rape kits are in hos- ative EDWARDS, I’ll let you conduct the by someone they believed to have been pitals. They are in evidence rooms. rest of this meeting. her husband, and the children discov- They are in back-door pantries. They Ms. EDWARDS. Thank you, Mr. ered both deceased. are in places where they cannot be GARAMENDI. Someone by the name of Fortunata found, but they are there. We need to Ms. JACKSON LEE. was killed by Juan Perez, shot to be able to put an emphasis on ensuring Ms. JACKSON LEE of Texas. Let me death. that these rape kits, sometimes years thank the gentleman from California It goes on and on in terms of the vio- old, sometimes women haven’t gotten and applaud the gentlewoman from lence. It is not a respecter of age. justice. Sometimes the perpetrator, Maryland for her early, early involve- And what we have in this legislation, having raped again, has not been ment and leadership on this issue. It H.R. 4970, that is so striking for those brought to justice because we have not was certainly advocates like herself of us who have dealt with women, I sat been able to process those kits. that allowed members of the Judiciary on the Houston Area Women’s Center So there are many things that we Committee, of which I was a very that provided refuge for women. I have could have done in a bipartisan man- young member, to be able to draw upon dealt with women who have had their ner. Tomorrow we will be debating this that advocacy and write the VAWA faces shot off and have had to run for bill. Many people will be left out. I legislation at that time. And I did it their life. only say to the women and men who with bipartisan support. Chairman Here’s what we have in this legisla- are on the floor tonight and those who Hyde was the chairman of the Judici- tion, very briefly. As we commemo- may be listening to us, let’s put this ary Committee at the time, and I re- rated law enforcement officers who lost back. Let’s go forward in a bipartisan member distinctly. In fact, I was with their lives today, we know when they manner. Let’s make this bill the kind Senate Members today who remember come upon a domestic violence cir- of bill that answers all of the concerns us from the House coming down to the cumstance, they are in jeopardy. But that have been expressed, and let’s do swamp on the Senate side in a bipar- what they want most of all is for that better than H.R. 4970 because the tisan manner to stand and support victim to be able to talk to them. women of this Nation deserve it. VAWA and its writing. And it couldn’t In a series of amendments to this leg- Mr. GARAMENDI. I thank the gen- have been done without the many sto- islation that is not in the Senate bill, tlewoman from Texas for her very ries and the many advocates like your- we have taken to do immigration re- thoughtful and thorough discussion of self. And so I’m delighted to serve on form or immigration enforcement or this piece of legislation. It is about all the Judiciary Committee on each and immigration oppression, and we have women. We should never exclude any every reauthorization that has come used it in the wrong way. We have de- women from the protection of this law. about. I have been involved with it and cided to take victims who happen to be Mr. Speaker, I yield back the balance been involved legislatively in a bipar- immigrant women who happen to be of my time. tisan manner. here legitimately through the visa of The SPEAKER pro tempore. Under The sadness today to all of us is that their spouse, and we’ve indicated these the Speaker’s announced policy of Jan- we’re not able to do this in a bipartisan three points. It would unduly restrict uary 5, 2011, the gentlewoman from manner. And I will just briefly recount, what we call the U visas. Currently to Maryland (Ms. EDWARDS) is recognized if I can, what it means to a woman— obtain a U visa for victims of serious for 35 minutes as the designee of the and the enormous range of ages—and crime, Federal, State or local law en- minority leader. then conclude my remarks by indi- forcement certifies that the applicant Ms. EDWARDS. Mr. Speaker, I thank cating that the legislation that will be has or is likely to be helpful in the in- the gentleman for yielding his time, on the floor of the House tomorrow, vestigation, but this bill would restrict and I thank the gentlelady from Texas H.R. 4970, is sad because it has not the law enforcement agency certifi- and for your leadership on the Judici- given the opportunity to do the right cation only to victims for 60 days. ary Committee, and just a reminder to thing for women in a bipartisan man- Some of these women are running for the Chair that at the latest count, the ner. their lives. Some of these women can- bill that the gentlelady from Texas re- b 2050 not be found. fers to, H.R. 4970, that would reauthor- Another provision on this would en- Just let me cite these stories: Jona- ize the Violence Against Women Act, is courage vulnerable victims of particu- than Barnes, 23, strangled his currently opposed by 325 advocacy or- larly serious crimes, this would deny girlfriend, Jessica, to death. Barnes ganizations from around the country them the opportunity for a green card. was charged with Jessica’s murder. who remain concerned that the legisla- Carlos Rodriguez, 38, strangled his That has always been law, that you tion proposed by the Republicans actu- wife, Rumalda, who was found deceased have the access. And then, of course, it ally rolls back many protections for in her bed. She was 27. would suggest that these victims are immigrant women, for Indian women, Lucy Garcia, 63. Florentino Suchil, using their abuse to fraudulently get a and for the LGBT community. 54, beat and then ran over his status or to get an immigration proc- With that, I would like to yield to girlfriend, Lucy, with a vehicle. She ess. So it would enhance the penalties the gentlelady from California (Ms. died from severe trauma. for those women if they found some LEE). Yolanda Punch, 47. Lonnie Punch, 47, flaw in their testimony. Ms. LEE of California. First, let me shot his wife, Yolanda, to death at her Clearly, a whole segment of the popu- thank you, Congresswoman DONNA friend’s apartment complex. lation would be ruled, in essence, ineli- EDWARDS, for your long-time and Lucinda Bernard, 34. Donald Bernard, gible for relief or help. But, more im- steady support and work on behalf of 44, stabbed his wife, Lucinda, to death portantly, you would cast a whole lit- so many issues relating to women, es- in their home. any of women who have been involved pecially those as they relate to vio- Rosa Limon, 25. Victor Azua, 28, shot in this violence who happen to be im- lence against women. You have con- his girlfriend, Rosa, to death before he migrants, whose children happen to be sistently over the years done this shot and killed himself. immigrants, it would, in essence deny work, oftentimes when no one else was Shannon Strickhausen, 38, was shot them the rights that they had before. doing it, and thank you for staying the by Jimmy Yarbrough. He shot Shannon It would take away current law. course. It is so important that we come to death before he turned the gun on Let me close by saying the Senator together again in a bipartisan way to himself. Her 14-year-old daughter who from Minnesota offered an amendment get the right bill, the correct bill, was at home called the police. that I have offered and hope even passed; and so thank you very much.

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.081 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2708 CONGRESSIONAL RECORD — HOUSE May 15, 2012 I want to thank Congressman riers to protection, including delays in So I have to thank Congresswoman GARAMENDI for your leadership in help- the prosecution of abusers. EDWARDS, again, for your tremendous ing to put together this Special Order Now, without changes and rollbacks leadership in bringing us all together but also for your leadership on behalf like these—and these are only a few of and continuing to try to work in a way of women all around the world. I know them—I question, really, if the Repub- that’s in a bipartisan fashion—because your wife very well and your children, lican proposal should even be called a that’s the only way we can do this—on and you have always really stood on Violence Against Women Act. I under- behalf of all women. This really is, in the side of what was right for equity stand that Congresswoman ADAMS’ many ways, about life and death. and for justice as it relates to women, amendment would make some small Ms. EDWARDS. I thank the gentle- so thank you very much. changes to this bill; however, it would lady. And thank you so much for point- I believe we all can agree there really still roll back key protections for im- ing out, especially with these diverse is an acute need to put an end to do- migrant victims, allowing the abuser communities, the real importance of mestic violence, dating violence, stalk- to have the power during investiga- developing programs and services that ing, and sexual harassment. It’s crit- tions and to maintain control of the respond directly to those communities, ical that we continue to speak out victim’s immigration status. whether they’re immigrant popu- against intimate-partner violence at Under the guise of fraud concerns, lations, LGBT populations, native pop- every opportunity and call attention Republicans are attempting to roll ulations, and others, that require the and awareness to it whenever we can. back important protections even as the services and support that have been of- And so that’s why we really have to get Department of Homeland Security offi- fered traditionally in the Violence this bill back in the shape that it needs cials say that VAWA petitions are Against Women Act and its subsequent to be in so we can protect women, be- among the hardest immigration pro- reauthorizations up until now. cause I can remember when I was in grams to defraud because of the al- I’m actually reminded that, years the California legislature. For exam- ready high evidence requirements. ago, one of the most horrible calls that Now, our colleagues in the Senate ple, I wrote California’s Violence I responded to on a hotline was a recognized the need to modernize and Against Women Act for the State of woman in a lesbian relationship that expand protections for victims of do- California; and I worked on many do- was abusive and the difficulty of get- mestic violence, sexual assault, stalk- mestic violence bills that were signed ting her into a program and services ing, and dating violence. On April 26, into law, mind you, by then-Governor that were uniquely tailored to make the Senate version of the Violence Pete Wilson, a Republican Governor. sure that she could live safely. It is so Against Women Reauthorization Act And, of course, I continue to cosponsor sad for me to think, as the gentle- passed with a rare show of bipartisan and work on numerous bills here in woman has pointed out, that we are support, and that is what we are here going to roll back provisions in the Vi- Congress to support victims of domes- to say we should do tomorrow in this olence Against Women Act that would tic violence and to prevent domestic House. violence. In this bill, though, that the House is deny that woman the protections that Now, as someone who understands considering, this would really pose a would be offered to any other person domestic violence on a deeply personal serious threat to the lives of victims. who was experiencing domestic vio- level, I know how traumatic this expe- This is happening while all around the lence because we made some political rience is. I know the strong and con- world nearly one in three women has and partisan decision about who should sistent support system needed to been beaten, coerced into sex, or other- get services and who should be denied. emerge as a survivor. There was no Vi- wise abused in her lifetime—one in So I thank the gentlelady. olence Against Women Act in the late three, here in the United States. As With that, I’d like to yield to my sixties and early seventies when I had many as one in three American women good friend, the gentleman from Cali- to deal with many, many issues that report being physically or sexually fornia (Mr. FARR). Mr. FARR. Thank you very much, we’re talking about tonight. There was abused by a husband or a boyfriend at Congresswoman EDWARDS, for your no place to turn. I also know from per- least once in their lives. That’s shock- sonal experience that domestic vio- ing. leadership before you even became a lence is not only physical. It is emo- In my home State of California, the Member of Congress, but especially to- tional. It is brutal. It is dehumanizing statistics are even more staggering, night to lead this discussion. to the batterer and the battered. And where approximately 40 percent of I can’t believe what we’re about to do without strong and enforceable crimi- California women experience physical tomorrow in a vote to reauthorize. I nal laws and services in place, one’s life intimate partner violence in their life- was here in 1994 when we were so proud really can be shattered and destroyed. times. Of these women, three out of of creating this historical legislation Unfortunately, instead of being seri- four had children under the age of 18 at to protect women against violence. It ous about the Federal reauthorization home. wasn’t some women; it was all women. of VAWA, Republicans are attempting Children who see or experience do- And now we’re on the verge, 18 years to roll back current law and weaken mestic violence have a much greater later, of saying, well, let’s change that. protections for women. This bill, H.R. chance to become either victims or What’s so appalling about it is we’re 4970, would further marginalize LGBT perpetrators as adults. They are also going to take that in a debate tomor- victims, tribal victims, and immigrant more likely to attempt suicide, abuse row in this room, where every time victims by removing the limited, but drugs, run away from home, engage in we’re in session we start that session important, protections that the Senate teenage prostitution, and commit by getting up and taking a pledge to version extends to LGBT domestic vio- other crimes. that flag behind you saying ‘‘justice for lence victims, including key non- So there is unquestionable evidence all.’’ That’s our role. We’re elected here discrimination provisions. Those are of the need for a serious proposal to re- to bring about justice for all. essential. authorize the Violence Against Women We just had a census in the United It removes the commonsense and Act. So I urge my colleagues to pass States. In that census, we didn’t just constitutionally sound provisions in the Senate Violence Against Women count some people because they were the Senate version that would allow Reauthorization Act. citizens, some people because they the prosecution of nontribal violators We cannot afford to play political were rich, some people because they who commit domestic violence against games with women’s lives. We must were this or that or had an education. tribal women. This is horrible. It’s not go back to the days, which many of We counted every living being in the wrong. It’s immoral. us remember, where there were no pro- United States. Why? Because the laws tections, no safe places, where the of this country are supposed to be pro- b 2100 courts would not allow battered women tecting and enhancing and providing a Under this bill, the protection of im- syndrome as admissible evidence in quality of life for every living being. migrant victims would be subject to court, and women were incarcerated Now we’re on the verge, in an election unsubstantiated, abuser-provided evi- for defending themselves against their year—when the majority of voters in dence, among other bureaucratic bar- abusers. this country are women—to say to the

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.084 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE May 15, 2012 CONGRESSIONAL RECORD — HOUSE H2709 women of this country, Oh, by the way, kinds of protections and services to all I recall one time traveling with then- we’re going to start taking back some who experience violence. It is such a Congresswoman, now Secretary of of the provisions that have protected sad day that here we are here in the Labor Hilda Solis. We were down at the you. House of Representatives, and tomor- border in Texas, and we went to one You know, I rise, as Mr. GARAMENDI row we will have before us legislation women’s shelter with this gigantic did before me, we rise as brothers, as that strips away that bipartisan effort electric fence around it to try to pro- husbands, as fathers, as a grandfather. that we engaged in just 18 years ago. tect the women in those border com- In every one of those situations, the b 2110 munities for the violence that they brother is because I have a sister, the were enduring. With that, I’d like to yield to my husband is because I have a wife, the And so I want to thank Congress- good friend, the gentlewoman from father is because I have a daughter, woman EDWARDS for taking this lead and the grandfather is because I have a Ohio (Ms. KAPTUR). Ms. KAPTUR. I want to thank Con- tonight, to help to reauthorize this im- granddaughter. My world in politics is gresswoman EDWARDS for her phe- portant program, to assure that we about their lives and the future and nomenal leadership throughout her have adequate refuge for those who are growing up in the great country of the adult life on this issue, before she came living in fear in order to save their United States of America. to Congress and, obviously, now, a tre- lives. So here we are with this law that we mendous leader here on an issue of My goodness. This is the greatest passed back in 1994. We reauthorized it. vital concern, and I underline the word country in the world, and we know that We didn’t have takeaways when we re- vital, to America’s families, to Amer- statistics show 1 in 4 women, this is a authorized that law in 2000. We didn’t ica’s women, to those in tribal commu- shocking number, have been the vic- take away things when we reauthorized nities, to lesbian, gay, bisexual, tims of severe physical domestic vio- it in 2005. And now we’re in 2012 and the transgender communities, to our immi- lence, and 1 in 5 women have been vote before the Congress is: Let’s take grant families, to our immigrant raped in their lifetimes, many in the away some stuff. Why? It doesn’t make spouses. U.S. military. any sense at all. Let me just say that I don’t recall And I want to compliment Congress- Why do you say, well, you can ex- ever the Violence Against Women Act woman JACKIE SPEIER for her phe- clude Native Americans? Why? Aren’t being controversial. We have always, nomenal leadership on that issue to try they? They’re Americans. They’re Na- on a unanimous basis practically, to get justice inside the military, as tive Americans. They’re probably more passed it year after year after year. well as in civilian society. American than anybody. Take away But this year, House Republicans have So I just want to say that I’m sorry rights that those women have been decided that they want to make an that there are those who don’t want to given and now are being taken away. issue where they shouldn’t be an issue. protect the lives of all citizens that Noncitizen women? Noncitizen How sad. Sort of devolutionist, trying live inside our borders, and immigrants women. Those are a lot of immigrants. to move America backwards rather that have come here who face tremen- It doesn’t matter whether you have a than forwards. dous obstacles of various kinds that green card or no card, taking away Every American should be free from many people can’t imagine, but they’re your rights to complain about violence. fear. They should be free from abuse, actually happening, and to make sure To those in the lesbian, gay, bisex- and they should have equal protection that all those within our borders are ual, and transgender communities, under the law. The Violence Against given equal protection under the law they’re individuals. You take away Women Act does exactly that. and justice and the opportunity to live their rights? Shame. And I have two cases I just wanted to in freedom without fear. It’s an election year. Women are vot- briefly mention, one from my district, So I want to thank Congresswoman ing. I hope they will wake up and un- where a horrible crime occurred. A EDWARDS for bringing us together this derstand that the Congress, led by the woman was literally dismembered by evening and for making such a tremen- Republican leadership in this House, is her spouse, and each body part was put dous contribution to doing what’s right about to destroy the ability for people in a different trash can in the western and what’s necessary for our country. to access justice in a Congress and in a part of one of the counties that I rep- Thank you for leading us forward. Nation where we pledge allegiance and resent. And I thought about the agony pledge justice for all. Not tonight. that that woman suffered, year after Ms. EDWARDS. I thank the gentle- Thank you for having this special year after year, fear for her own life, lady, and thank her also for her leader- session. and eventually it was lost, and not re- ship and commitment to all those who Ms. EDWARDS. I thank the gen- porting this, not going anywhere, being experience violence. And I think the tleman. And I thank him for his leader- completely consumed by the fear that message here tonight is that clearly we ship because it took real courage for a eventually resulted in her death. No need to reauthorize the Violence bipartisan consensus to develop in this American should face that. Against Women Act. I think we agree Congress, in this House of Representa- And then I recall being called in our about that. tives, in the Senate, with virtually no office by a gentleman saying, Marcy, But the question is, what do we do opposition because Members of Con- you know, up the street from me, a that actually expands the protections gress came together from every single woman has moved in with a man, and of a really vital piece of legislation for State, from every community, from she’s an immigrant from Russia. And women all across this country, however every congressional district and said my wife and I believe she’s being beat- they’re situated? Unfortunately, H.R. that this kind of violence that happens en, but she’s not a citizen. What can we 4970 simply doesn’t do that. It elimi- in intimate relationships is not right, do? How can we help her? This was nates protections for crime victims and that the Federal Government has a years ago. This was a few years ago. that are offered by the U visa, as our special role to play in making sure And I think of these cases that have colleagues have pointed out. It deters that those who experience violence come across during my period of serv- immigrant victims from reporting have the ability to receive the kinds of ice, and I know how important the Vio- crimes by denying nearly all U visa re- programs and services and shelter and lence Against Women Act is to reduce cipients the protections offered by law- law enforcement protections, no mat- domestic violence in our country and ful permanent resident status. ter what their status, because violence give women and give individuals a If anyone has ever held the hand of is wrong. place to go. Even today, since 1994, we an immigrant woman whose status is I thank the gentleman from Cali- know that domestic violence has in question and whose abuser has fornia and other Members of the Con- dropped more than 50 percent. How- known that and uses that as part of the gress who, in 1994—and then again in ever, the other 50 percent is still there. instrument of violence against her, you 2000, and then again in 2005—reauthor- And I see this, sadly, in the regions could not be possibly for legislation ized the Violence Against Women Act that I represent. And I’m not alone. that would, in fact, roll back the pro- across party lines because we share an But there’s still a lot of people that tections that she deserves. I’ve held oath and an obligation to provide those don’t know where to go. that woman’s hand.

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K15MY7.085 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2710 CONGRESSIONAL RECORD — HOUSE May 15, 2012 There’s no reason, in this great coun- country, which is that women are men are in same-sex relationships, and try, that we should not have protec- being subjected to violent attacks and for some of those men, the women are tions for those who’ve come here, for that do we have it in our heart—do we perpetrators of violence; but the over- those whose legal status is actually have it in our will?—to provide legal whelming majority of violence is vio- under threat only because they’re a protections to women who are the vic- lence that takes place between men victim of violence. tims of assaultive and violent conduct and women, with men being the prin- Now, there are some who suggest in this country? It’s really that simple. cipal perpetrators. that somehow there’s great fraud going That should apply to all women. Any It is why we’ve supported at the Fed- on, and that principally, women are person who is attacked on the basis of eral level through the Violence Against saying that they are experiencing vio- gender should be protected. What their Women Act a system of shelters and lence so that they can receive protec- views are about anything—what their services and support for those who ex- tions. views are on politics, what their views perience violence. It’s why we’ve pro- I have to tell you, in my more than 20 are on sexual orientation—are really vided training for police officers, for all some years of working on issues of do- irrelevant to the basic, independent, in law enforcement—for our prosecu- mestic violence, on responding to tele- individual right that all of us have— tors so that they become better pros- phone calls, and taking intakes in shel- men and women, incidentally—which is ecutors, for our judges so that they ac- ters, and sitting with victims and sur- to live our lives in peace and with pro- tually understand in our family courts vivors in court, I can’t recall anyone tection and with the confidence that and in our criminal courts what’s going saying that they had experienced vio- our physical integrity will not be vio- on with violence and so that it makes lence when they hadn’t. And so I don’t lated. It’s really as simple as that. them better at meting out justice. It’s know what fraud the other side is try- So this is a question of whether this the reason that we provide training in ing to get at. country has it in its heart to under- workplaces and with medical practi- What I do know is that H.R. 4970 stand that there is violence out there tioners—so that they are able to iden- would roll back protections from the that is affecting half of our population. tify when violence is happening in the very women, from the very victims Do we as a society have the desire and emergency rooms and other health care who are the most vulnerable, who need have the will to provide legal protec- facilities. It is the reason that here in those protections. It would endanger tion to people who are on the receiving this Congress we have this debate. victims by making it difficult for them end of violent conduct? The fact is, under H.R. 4970, which we to obtain visa protection. In my view, we have that in our are considering, if you are an immi- H.R. 4970 needlessly requires that an heart, we have it in our soul, we have grant woman, you can say, You know investigation or prosecution is actively it in our will, and we can do it. what? The abuser, because he knows pursued. Can you imagine that a Ms. EDWARDS. I think the gen- about my immigration status, can batterer would love the idea that you’d tleman from Vermont raises an inter- abuse me all he wants because I will have to pursue an active investigation esting point. We do have it in our not be afforded any protection. There and prosecution, otherwise that person heart. The question is whether we have is no place that I can go. If you are is free to continue battering, free to the will to do the right thing. from the LGBT community, you can continue the abuse because they know This is not a selfish question, be- experience untold violence, and there that they, in effect, have the protec- cause, in fact, while we can sympathize will not be protections and services for tion of the law. This is, unbelievable. and empathize with the experiences of you. H.R. 4970 would require that a victim victims and can provide support and So H.R. 4970 actually turns on its help to identify the perpetrator. All of services to them, we also recognize head what we began to do in 1994 with us who have worked, particularly, with that it is really costly to us as a soci- the first passage of the Violence victims of sexual assault and other vic- ety when people are experiencing vio- Against Women Act and with its subse- tims, would know what a dangerous po- lence in their homes. It impacts our quent reauthorizations, which is that sition it puts a victim in of having to workplaces; it impacts our commu- we began to expand the protections. identify a perpetrator. Very often a nities; it impacts our streets. When Then we began to ask: What are the sexual assault victim will not even young people witness violence—when levels of services that we can provide know who the perpetrator is. children witness violence in their to communities, however they’re situ- So I would urge my colleagues, as we homes—it is more likely that they will ated, so that we can make sure we have consider reauthorizing the Violence either experience violence themselves culturally sensitive programs and serv- Against Women Act, which we know we or they will become perpetrators. Our ices, linguistically sensitive programs need to do for those who experience vi- prisons and jails are filled with young and services, and programs targeted at olence all across this country, that we people, men and women, who, when you specific communities so that they can consider those who are the most vul- get down to the core and ask them the take advantage of them? nerable, and that we stop down this question about their life experiences, Mr. WELCH. What about the kids? path of politicizing and turning the Vi- will repeat to you their experiences of Whether they’re lesbian or immigrants olence Against Women Act into a par- violence. who take care of the children, isn’t it tisan issue, when we know that since So this isn’t an abstract question the mothers who have the burden of 1994, to 2000, to 2005, Republicans and about whether we feel good in doing it. that at the end of the day? Aren’t we Democrats in this Congress have come The impact for all of our communities doing something that’s going to pro- together to reauthorize the Violence and for society is really tremendous. tect those kids as well? Against Women Act because we stand Domestic violence spills out onto our Ms. EDWARDS. The gentleman together against domestic violence. streets and into our workplaces. It is makes an amazing point. I’ve been joined by my colleague estimated that the cost to our Nation When children witness violence, and from Vermont, PETER WELCH, and I’m is on the order of $8 billion in lost pro- especially as they grow older, children sure that he has a few words to share ductivity because of domestic violence. will often want to protect their moth- with us about supporting a robust, bi- It’s attributed to productivity and to ers, and that actually puts them in partisan Violence Against Women Act. health care costs—the violence that greater danger. That is especially true causes 2 million injuries each year, for young boys, for male children, who b 2120 three deaths each day, untold amounts will want to protect their mothers and Mr. WELCH. Thank you. of suffering to women and others who think that they can intervene. There You’ve been a leader on this; but the experience violence. are children who grow up thinking that challenge that we face in Congress is I know that we talk about women be- they were the reason that their moth- whether we’re going to take seriously cause the overwhelming majority of ers were experiencing violence, and the epidemic of violence that’s in- those who experience intimate partner then that has an untold downstream flicted on women throughout this violence are women, but we want to ac- impact on them as they grow older. country. This legislation has to address knowledge that there are some men The fact of the matter is we need to what is a very serious problem in this who experience violence. Some of those reauthorize the Violence Against

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A letter from the Acting Under Sec- full protections of the law against ex- tion in the tradition of the Violence retary, Department of Defense, transmitting periencing violence in your intimate Against Women Act. the Department’s Annual Report for FY 2011 relationships. This is the least that we With that, I yield back the balance of regarding the training, and its associated ex- can do. It is just unfortunate that the my time. penses, of U.S. Special Operations Forces Republicans aren’t even going to allow f (SOF) with friendly foreign forces for the pe- an amendment that would actually riod ending September 30, 2011, pursuant to BILLS PRESENTED TO THE allow us to expand these protections so 10 U.S.C. 2011; to the Committee on Armed PRESIDENT that we could come to a bipartisan so- Services. 5991. A letter from the Acting Under Sec- lution. Karen L. Haas, Clerk of the House, reported that on May 8, 2012, she pre- retary, Department of Defense, transmitting I can’t tell you—I will just say to the authorization of 14 officers to wear the au- chair—how sad it makes me as some- sented to the President of the United thorized insignia of the grade of major gen- body who was in the trenches in 1990 to States, for his approval, the following eral; to the Committee on Armed Services. 1994, with advocates from across this bills. 5992. A letter from the Acting Under Sec- country who were seeking to expand H.R. 3247. To designate the facility of the retary, Department of Defense, transmitting protections and services and programs United States Postal Service located at 1100 a letter on the approved retirement of Lieu- for those who were experiencing vio- Town and Country Commons in Chesterfield, tenant General John C. Koziol, United States Air Force, and his advancement to the grade lence, to know that we were able to do Missouri, as the ‘‘Lance Corporal Matthew P. Pathenos Post Office Building’’. of lieutenant general on the retired list; to that with Republican ORRIN HATCH H.R. 3246. To designate the facility of the the Committee on Armed Services. from Utah; with from Dela- United States Postal Service located at 15455 5993. A letter from the Acting Chairman, ware, a Democrat; with Connie Manchester Road in Ballwin, Missouri, as Federal Deposit Insurance Corporation, Morella, a Republican from Maryland; the ‘‘Specialist Peter J. Navarro Post Office transmitting the Office of Minority and with JOHN CONYERS, a Democrat from Building’’. Women Inclusion’s annual report for 2011; to Michigan. We were able to do that H.R. 3004. To designate the facility of the the Committee on Financial Services. across the aisle; but today, instead, United States Postal Service located at 260 5994. A letter from the Secretary, Depart- California Drive in Yountville, California, as ment of Veterans Affairs, transmitting the what we are doing is a Republican bill the ‘‘Private First Class Alejandro R. Ruiz Department’s Vehicle Fleet Report on Alter- that would roll back the protections Post Office Building’’. native Fuel Vehicles for fiscal year 2011, pur- that many of us had sought to have. H.R. 2244. To designate the facility of the suant to 42 U.S.C. 13218; to the Committee on Mr. WELCH. You make a good point. United States Postal Service located at 67 Energy and Commerce. Is it the case in this country that it’s Castle Street in Geneva, New York, as the 5995. A letter from the Secretary, Depart- Republican women or Democratic ‘‘Corporal Steven Blaine Riccione Post Of- ment of Commerce, transmitting a certifi- women or Republican children or fice’’. cation of export to China; to the Committee Democratic children who are on the H.R. 2660. To designate the facility of the on Foreign Affairs. United States Postal Service located at 122 5996. A letter from the Executive Sec- bad end of violence? We know that’s North Holderrieth Boulevard in Tomball, retary, Agency for International Develop- not the case. There is a lot of human Texas, as the ‘‘Tomball Veterans Post Of- ment, transmitting a report pursuant to the emotion that goes into this, and it’s fice’’. Federal Vacancies Reform Act of 1998; to the uncontrolled emotion. We know that H.R. 3248. To designate the facility of the Committee on Oversight and Government whether you are a Republican or a United States Postal Service located at 112 Reform. Democrat child or woman that you’re South 5th Street in Saint Charles, Missouri, 5997. A letter from the Chairman, Com- entitled to the physical integrity of as the ‘‘Lance Corporal Drew W. Weaver Post modity Futures Trading Commission, trans- your own safety. Office Building’’. mitting the Commission’s Federal Employee H.R. 2767. To designate the facility of the So it’s not an issue that should be de- Antidiscrimination Retaliation Act of 2002 United States Postal Service located at 8 (No FEAR Act) Report for FY 2011; to the cided on partisan grounds. It should be West Silver Street in Westfield, Massachu- Committee on Oversight and Government decided on the basic right of human setts, as the ‘‘William T. Trant Post Office Reform. beings to physical security, and it Building’’. 5998. A letter from the Executive Vice should be about the goal all of us, I be- H.R. 298. To designate the facility of the President and Chief Financial Officer, Fed- lieve, have—that we want to have re- United States Postal Service located at 500 eral Home Loan Bank of Chicago, transmit- spectful and loving relationships, par- East Whitestone Boulevard in Cedar Park, ting the 2011 management reports and state- ticularly in our intimate relationships. Texas, as the ‘‘Army Specialist Matthew ments on the system of internal controls of Troy Morris Post Office Building’’. Ms. EDWARDS. I thank the gen- the Federal Home Loan Bank of Chicago, H.R. 1423. To designate the facility of the pursuant to 31 U.S.C. 9106; to the Committee tleman for pointing out the baseline, United States Postal Service located at 115 on Oversight and Government Reform. which is, when you’re experiencing vio- 4th Avenue Southwest in Ardmore, Okla- 5999. A letter from the Chairman, Federal lence, you don’t identify yourself as a homa, as the ‘‘Specialist Michael E. Phillips Mine Safety and Health Review Commission, Republican or as a Democrat. Post Office’’. transmitting the Commission’s FY 2011 An- H.R. 2079. To designate the facility of the nual Report pursuant to Section 203, Title II b 2130 United States Postal Service located at 10 of the Notification and Federal Anti-dis- You’re not a Christian or a Jew or a Main Street in East Rockaway, New York, as crimination and Retaliation (No FEAR) Act Muslim. Children witness violence, the ‘‘John J. Cook Post Office’’. of 2002; to the Committee on Oversight and women—and some men—experience vi- H.R. 2213. To designate the facility of the Government Reform. United States Postal Service located at 801 6000. A letter from the Director, National olence. Native American women expe- West Eastport Street in Iuka, Mississippi, as rience violence, and so do immigrants Science Foundation, transmitting the Foun- the ‘‘Sergeant Jason W. Vaughn Post Of- dation’s annual report for FY 2011 prepared experience violence. Our law should af- fice’’. in accordance with Title II of the Notifica- ford the full protection of the law f tion and Federal Employee Antidiscrimina- against those who would perpetrate tion and Retaliation Act of 2002 (No FEAR and provide services and programs for ADJOURNMENT Act), Public Law 107-174; to the Committee those against whom violence is com- Ms. EDWARDS. Mr. Speaker, I move on Oversight and Government Reform. mitted. that the House do now adjourn. 6001. A letter from the Chief, Office of Spe- I strongly urge the passage of the Vi- The motion was agreed to; accord- cial Counsel, transmitting the Office’s an- olence Against Women Act that is a bi- ingly (at 9 o’clock and 31 minutes nual report for FY 2011 prepared in accord- ance with Title II of the Notification and partisan bill. Unfortunately, H.R. 4970 p.m.), under its previous order, the Federal Employee Antidiscrimination and simply misses the mark and would tip House adjourned until tomorrow, Retaliation Act of 2002 (No FEAR Act), Pub- the scales in favor of abusers, that Wednesday, May 16, 2012, at 10 a.m. for lic Law 107-174; to the Committee on Over- would tip the scales against immigrant morning-hour debate. sight and Government Reform.

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6002. A letter from the Director, Office of 6012. A letter from the Program Analyst, Mr. MCKEON: Committee on Armed Serv- Financial Management, United States Cap- Department of Transportation, transmitting ices. Supplemental report on H.R. 4310. A bill itol Police, transmitting the semiannual re- the Department’s final rule — Amendment of to authorize appropriations for fiscal year port of receipts and expenditures of appro- Class D Airspace; Jackson, MI [Docket No.: 2013 for military activities of the Depart- priations and other funds for the period Oc- FAA-2011-1143; Airspace Docket No. 11-AGL- ment of Defense, to prescribe military per- tober 1, 2011 through March 31, 2012; (H. Doc. 23] received April 19, 2012, pursuant to 5 sonnel strengths for fiscal year 2013, and for No. 112—108); to the Committee on House Ad- U.S.C. 801(a)(1)(A); to the Committee on other purposes (Rept. 112–479, Pt. 2). ministration and ordered to be printed. Transportation and Infrastructure. Mr. SMITH of Texas: Committee on the Ju- 6003. A letter from the Acting Director, Of- 6013. A letter from the Program Analyst, diciary. H.R. 4970. A bill to reauthorize the fice of Sustainable Fisheries, NMFS, Acting Department of Transportation, transmitting Violence Against Women Act of 1994; with an Director, Office of Sustainable Fisheries, the Department’s final rule — Amendment of amendment (Rept. 112–480, Pt. 1). Referred to NMFS, transmitting the Administration’s Class D Airspace; Saginaw, MI [Docket No.: the Committee of the Whole House on the final rule — Fisheries of the Exclusive Eco- FAA-2011-1144; Airspace Docket No. 11-AGL- state of the Union. nomic Zone Off Alaska; Pollock in the West 24] received April 19, 2012, pursuant to 5 Ms. FOXX: Committee on Rules. House Yakutat District in the Gulf of Alaska U.S.C. 801(a)(1)(A); to the Committee on Resolution 656. Resolution providing for con- [Docket No.: 111207737-2141-02] (RIN: 0648- Transportation and Infrastructure. sideration of the bill (H.R. 4970) to reauthor- XB113) received April 24, 2012, pursuant to 5 6014. A letter from the Program Analyst, ize the Violence Against Women Act of 1994, U.S.C. 801(a)(1)(A); to the Committee on Nat- Department of Transportation, transmitting and providing for consideration of the bill ural Resources. the Department’s final rule — Amendment of (H.R. 4310) to authorize appropriations for 6004. A letter from the Acting Director, Of- Class E Airspace; Galbraith Lake, AK [Dock- fiscal year 2013 for military activities of the fice of Sustainable Fisheries, NMFS, Na- et No.: FAA-2011-0865; Airspace Docket No. Department of Defense, to prescribe military tional Oceanic and Atmospheric Administra- 11-AAL-14] received April 19, 2012, pursuant personnel strengths for fiscal year 2013, and tion, transmitting the Administration’s final to 5 U.S.C. 801(a)(1)(A); to the Committee on for other purposes (Rept. 112–481). Referred rule — Fisheries of the Exclusive Economic Transportation and Infrastructure. to the House Calendar. Zone Off Alaska; Pacific Cod by Catcher Ves- 6015. A letter from the Program Analyst, sels Using Trawl Gear in the Central Regu- DISCHARGE OF COMMITTEE Department of Transportation, transmitting latory Area of the Gulf of Alaska [Docket Pursuant to clause 2 of rule XIII, the the Department’s final rule — Amendment of No.: 111207737-2141-02] (RIN: 0648-XB142) re- Class E Airspace; Springfield, MO; Lincoln, Committees on Energy and Commerce, ceived April 24, 2012, pursuant to 5 U.S.C. NE; Grand Rapids, MI [Docket No.: FAA- Education and the Workforce, and Fi- 801(a)(1)(A); to the Committee on Natural 2011-1406; Airspace Docket No. 11-AWA-5] re- nancial Services discharged from fur- Resources. 6005. A letter from the Program Analyst, ceived April 19, 2012, pursuant to 5 U.S.C. ther consideration. H.R. 4970 referred Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- to the Committee of the Whole House the Department’s final rule — Amendment of tation and Infrastructure. on the state of the Union, and ordered Class D Airspace; Altus AFB, OK [Docket 6016. A letter from the Program Analyst, to be printed. Department of Transportation, transmitting No.: FAA-2011-0630; Airspace Docket No. 11- f ASW-8] received April 19, 2012, pursuant to 5 the Department’s final rule — Amendment of U.S.C. 801(a)(1)(A); to the Committee on Class E Airspace; Greenfield, IA [Docket No.: PUBLIC BILLS AND RESOLUTIONS FAA-2011-0846; Airspace Docket No. 11-ACE- Transportation and Infrastructure. Under clause 2 of rule XII, public 6006. A letter from the Program Analyst, 18] received April 19, 2012, pursuant to 5 Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on bills and resolutions of the following the Department’s final rule — Amendment of Transportation and Infrastructure. titles were introduced and severally re- Class E Airspace; [Docket No.: FAA-2011-1146; 6017. A letter from the Program Analyst, ferred, as follows: Airspace Docket No. 11-ASO-36] received Department of Transportation, transmitting By Mrs. BIGGERT: April 19, 2012, pursuant to 5 U.S.C. the Department’s final rule — Amendment of H.R. 5740. A bill to extend the National 801(a)(1)(A); to the Committee on Transpor- Class E Airspace; Portsmouth, OH [Docket Flood Insurance Program, and for other pur- tation and Infrastructure. No.: FAA-2011-0850; Airspace Docket No. 11- poses; to the Committee on Financial Serv- 6007. A letter from the Program Analyst, AGL-17] received April 19, 2012, pursuant to 5 ices. Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on By Mr. HECK (for himself, Mr. the Department’s final rule — Revision of Transportation and Infrastructure. QUIGLEY, and Mr. CHABOT): Compulsory Points; Alaska [Docket No.: 6018. A letter from the Director, Govern- H.R. 5741. A bill to amend the Immigration FAA-2010-1398; Airspace Docket No. 11-AAL- ment Relations, Tennessee Valley Authority, and Nationality Act to stimulate inter- 21] (RIN: 2120-AA66) received April 19, 2012, transmitting the Statistical Summary for national tourism to the United States, and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Fiscal Year 2011; to the Committee on Trans- for other purposes; to the Committee on the mittee on Transportation and Infrastruc- portation and Infrastructure. Judiciary, and in addition to the Committee ture. 6019. A letter from the Administrator, on Homeland Security, for a period to be 6008. A letter from the Program Analyst, Transportation Security Administration, De- subsequently determined by the Speaker, in Department of Transportation, transmitting partment of Homeland Security, transmit- each case for consideration of such provi- the Department’s final rule — Establishment ting the Administration’s certification that sions as fall within the jurisdiction of the of Class E Airspace; Inverness, FL [Docket the level of screening services and protection committee concerned. No.: FAA-2011-0540; Airspace Docket No. 11- provided at Greater Rochester International By Mr. LOBIONDO (for himself and Mr. ASO-20] received April 19, 2012, pursuant to 5 Airport, Rochester, NY, Tupelo Regional VISCLOSKY): U.S.C. 801(a)(1)(A); to the Committee on Airport, Tupelo, MS, and Key West Inter- H.R. 5742. A bill to amend title I of the Om- Transportation and Infrastructure. national Airport, Key West, FL will be equal 6009. A letter from the Program Analyst, nibus Crime Control and Safe Streets Act of to or greater than the level that would be 1968 to extend the authorization of the Bul- Department of Transportation, transmitting provided at the airport by TSA Transpor- the Department’s final rule — Amendment of letproof Vest Partnership Grant Program tation Security Officers and that the screen- Class E Airspace; Rugby, ND [Docket No.: through fiscal year 2016; to the Committee ing company is owned and controlled by citi- FAA-2011-0433; Airspace Docket No. 11-AGL- on the Judiciary. zens of the United States, pursuant to 49 12] received April 19, 2012, pursuant to 5 By Mr. ROGERS of Michigan: U.S.C. 44920 Public Law 107-71, section 108; to U.S.C. 801(a)(1)(A); to the Committee on H.R. 5743. A bill to authorize appropria- the Committee on Homeland Security. Transportation and Infrastructure. tions for fiscal year 2013 for intelligence and 6010. A letter from the Program Analyst, 6020. A letter from the Chiarman and Vice intelligence-related activities of the United Department of Transportation, transmitting Chairman, U.S.-China Economic and Secu- States Government, the Community Man- the Department’s final rule — Amendment of rity Review Commission, transmitting agement Account, and the Central Intel- Restricted Areas R-3704A and R-3704B; Fort ntoification of a public hearing held on ‘‘De- ligence Agency Retirement and Disability Knox, KY [Docket No.: FAA-2011-1274; Air- velopments in China’s Cyber and Nuclear Ca- System, and for other purposes; to the Com- space Docket No. 11-ASO-34] (RIN: 2120-AA66) pabilities’’; jointly to the Committees on mittee on Intelligence (Permanent Select). received April 19, 2012, pursuant to 5 U.S.C. Ways and Means, Armed Services, and For- By Mr. GOSAR (for himself, Mr. 801(a)(1)(A); to the Committee on Transpor- eign Affairs. MATHESON, Mr. ROSS of Arkansas, tation and Infrastructure. f Mr. WALDEN, Mr. AMODEI, Mr. TIP- 6011. A letter from the Program Analyst, TON, Mr. BISHOP of Utah, Mr. PEARCE, Department of Transportation, transmitting REPORTS OF COMMITTEES ON Mrs. MCMORRIS RODGERS, Mrs. LUM- the Department’s final rule — Amendment of PUBLIC BILLS AND RESOLUTIONS MIS, Mr. DUFFY, Mr. BERG, Mr. Class E Airspace; Kwigillingok, AK [Docket THOMPSON of Pennsylvania, Mr. No.: FAA-2011-0881; Airspace Docket No. 11- Under clause 2 of rule XIII, reports of DENHAM, Mr. SCHWEIKERT, Mr. SES- AAL-18] received April 19, 2012, pursuant to 5 committees were delivered to the Clerk SIONS, Mr. LONG, Mr. JOHNSON of U.S.C. 801(a)(1)(A); to the Committee on for printing and reference to the proper Ohio, Mr. POMPEO, Mr. COLE, Mr. Transportation and Infrastructure. calendar, as follows: NUNES, Mr. CARTER, Mr. KING of

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Iowa, Mr. DESJARLAIS, Mr. FRANKS of H.R. 5751. A bill to amend title 18, United By Mr. SCOTT of South Carolina: Arizona, Mr. GARDNER, Mr. FLAKE, States Code, to provide for limitations on de- H.R. 5769. A bill to extend the temporary and Mr. QUAYLE): tentions of certain individuals, and for other suspension of duty on Allyl pentaerythritol; H.R. 5744. A bill to address the forest purposes; to the Committee on the Judici- to the Committee on Ways and Means. health, public safety, and wildlife habitat ary, and in addition to the Committees on By Ms. JACKSON LEE of Texas (for threat presented by the risk of wildfire, in- Armed Services, and Foreign Affairs, for a herself, Mr. LEWIS of Georgia, Ms. cluding catastrophic wildfire, on National period to be subsequently determined by the NORTON, and Mr. RANGEL): Forest System lands and public lands man- Speaker, in each case for consideration of H.R. 5770. A bill to amend the Omnibus aged by the Bureau of Land Management by such provisions as fall within the jurisdic- Crime Control and Safe Streets Act of 1968 to requiring the Secretary of Agriculture and tion of the committee concerned. enhance the use of Juvenile Accountability the Secretary of the Interior to expedite for- By Mr. SCOTT of South Carolina: Block Grants for programs to prevent and est management projects relating to haz- H.R. 5752. A bill to suspend temporarily the address occurrences of bullying and to reau- ardous fuels reduction, forest health, and duty on Di-tert-amyl-2’-hydroxyphenyl) thorize the Juvenile Accountability Block economic development, and for other pur- benzotriazole; to the Committee on Ways Grants program; to the Committee on the poses; to the Committee on Natural Re- and Means. Judiciary. sources, and in addition to the Committee on By Mr. SCOTT of South Carolina: By Mr. SCOTT of South Carolina: Agriculture, for a period to be subsequently H.R. 5753. A bill to suspend temporarily the H.R. 5771. A bill to suspend temporarily the determined by the Speaker, in each case for duty on Butanedioic acid, dimethylester duty on modified phenolic resin in alkaline consideration of such provisions as fall with- polymer with 4-hydroxy-2,2,6,6-tetramethyl- solution; to the Committee on Ways and in the jurisdiction of the committee con- 1-piperdine ethanol; to the Committee on Means. cerned. Ways and Means. By Mr. SCOTT of South Carolina: By Mr. ELLISON: By Mr. SCOTT of South Carolina: H.R. 5772. A bill to suspend temporarily the H.R. 5745. A bill to eliminate certain sub- H.R. 5754. A bill to suspend temporarily the duty on 1,2-Bis(3- sidies for fossil-fuel production; to the Com- duty on 4-Nitrobenzoyl chloride; to the Com- aminopropyl)ethylenediamine, polymer with mittee on Ways and Means, and in addition mittee on Ways and Means. N-butyl-2,2,6,6-tetramethyl-4-piperidinamine to the Committees on Transportation and In- By Mr. SCOTT of South Carolina: and 2,4,6-trichloro-1,3,5-triazine; to the Com- frastructure, Natural Resources, Science, H.R. 5755. A bill to suspend temporarily the mittee on Ways and Means. Space, and Technology, Energy and Com- duty on 4-Hydroxy-2,2,6,6- By Mr. SCOTT of South Carolina: merce, Agriculture, Appropriations, Finan- Tetramethylpiperidine-N-oxyl; to the Com- H.R. 5773. A bill to suspend temporarily the cial Services, and Foreign Affairs, for a pe- mittee on Ways and Means. duty on Uvasorb S130; to the Committee on riod to be subsequently determined by the By Mr. SCOTT of South Carolina: Ways and Means. Speaker, in each case for consideration of H.R. 5756. A bill to suspend temporarily the By Mr. SCOTT of South Carolina: such provisions as fall within the jurisdic- duty on [2 -hydroxy - 3,5 - di H.R. 5774. A bill to suspend temporarily the tion of the committee concerned. (1,1dimethylbenzyl)phenyl]-2H-benzotriazole; duty on Phenol 2,4 -bis(1,1-dimethyl ethyl),- By Mr. TIBERI (for himself, Mr. NEAL, to the Committee on Ways and Means. phosphite (3:1); to the Committee on Ways Mr. SAM JOHNSON of Texas, Mr. RAN- By Mr. SCOTT of South Carolina: and Means. H.R. 5757. A bill to suspend temporarily the GEL, Mr. NUNES, Mr. STARK, Mr. By Mr. SCOTT of South Carolina: duty on Pentaerythritol tetrakis(3,5-di-tert- REICHERT, Mr. LEWIS of Georgia, Mr. H.R. 5775. A bill to suspend temporarily the butyl-4-hydroxyhydrocinnamate); to the ROSKAM, Mr. BLUMENAUER, Mr. GER- duty on Antioxidant 3114; to the Committee Committee on Ways and Means. LACH, Mr. KIND, Mr. SCHOCK, Mr. on Ways and Means. By Mr. SCOTT of South Carolina: CROWLEY, Ms. JENKINS, and Mr. PAUL- By Mr. SCOTT of South Carolina: H.R. 5758. A bill to suspend temporarily the SEN): H.R. 5776. A bill to extend the temporary H.R. 5746. A bill to amend the Internal Rev- duty on 1,1’-Methylenebis[3(hydroxymethyl)- suspension of duty on 2,2 -(2,5- enue Code of 1986 to modify certain rules ap- 2,5-dioxo-4-imidazolidinyl]urea]; to the Com- Thiophenediyl)bis(5-(1,1-dimethylethyl); to plicable to real estate investment trusts, and mittee on Ways and Means. the Committee on Ways and Means. for other purposes; to the Committee on By Mr. SCOTT of South Carolina: By Mr. SCOTT of South Carolina: H.R. 5759. A bill to suspend temporarily the Ways and Means. H.R. 5777. A bill to extend the temporary duty on Allantoin; to the Committee on By Mr. CUMMINGS (for himself, Mr. suspension of duty on Decanedioic acid, Ways and Means. FILNER, Mr. SMITH of Washington, bis(2,2,6,6-tetramethyl-4-piperidinyl) ester; By Mr. SCOTT of South Carolina: to the Committee on Ways and Means. Mr. TIERNEY, Ms. BROWN of Florida, H.R. 5760. A bill to suspend temporarily the Mr. CONNOLLY of Virginia, Mr. By Mr. SCOTT of South Carolina: duty on Imidurea; to the Committee on Ways H.R. 5778. A bill to suspend temporarily the MICHAUD, Mr. BRALEY of Iowa, Mr. and Means. DONNELLY of Indiana, and Mr. YAR- duty on p-Nitrobenzoic Acid; to the Com- By Mr. SCOTT of South Carolina: mittee on Ways and Means. MUTH): H.R. 5761. A bill to suspend temporarily the By Mr. SCOTT of South Carolina: H.R. 5747. A bill to amend the duty on Fluorescent Brightener CBS-X; to H.R. 5779. A bill to suspend temporarily the Servicemembers Civil Relief Act to improve the Committee on Ways and Means. duty on 2,4-Dihydroxy-benzophenone; to the the protections for servicemembers against By Mr. SCOTT of South Carolina: Committee on Ways and Means. mortgage foreclosures, and for other pur- H.R. 5762. A bill to suspend temporarily the By Mr. SCOTT of South Carolina: poses; to the Committee on Veterans’ Af- duty on Octadecyl-3-(3,5-di-tert-4- H.R. 5780. A bill to reduce temporarily the fairs. hydroxphenyl)-propionate; to the Committee duty on ferroboron; to the Committee on By Ms. DELAURO (for herself, Mr. on Ways and Means. Ways and Means. CARNAHAN, Ms. LEE of California, and By Mr. SCOTT of South Carolina: Ms. MCCOLLUM): H.R. 5763. A bill to extend the suspension of By Mr. HULTGREN (for himself, Mr. H.R. 5748. A bill to provide assistance to duty on mixtures of N-phenyl-N- PRICE of Georgia, Mr. PALAZZO, Mr. sub-Saharan Africa to combat obstetric fis- ((trichloromethyl)thio)- benzenesulfonamide, BROOKS, Mr. YODER, Mr. LATOU- tula; to the Committee on Foreign Affairs. calcium carbonate, and mineral oil; to the RETTE, Mr. BISHOP of Utah, Mr. By Mr. GRIJALVA (for himself, Mr. Committee on Ways and Means. CHAFFETZ, Mr. WOLF, Mr. WEST, Mr. CONYERS, Mr. DEFAZIO, Mr. FARR, Mr. By Mr. SCOTT of South Carolina: CULBERSON, Mrs. ADAMS, Mr. SMITH FILNER, Ms. HAHN, Mr. HOLT, Mr. H.R. 5764. A bill to extend the reduction of of Texas, Mr. POSEY, Mr. POE of JACKSON of Illinois, Mr. KUCINICH, Ms. duty on N-phenyl-pphenylenediamine; to the Texas, and Mr. OLSON): LEE of California, Mr. POLIS, Mr. Committee on Ways and Means. H. Con. Res. 124. Concurrent resolution ex- STARK, and Ms. WATERS): By Mr. SCOTT of South Carolina: pressing the sense of the Congress that H.R. 5749. A bill to prohibit the transfer of H.R. 5765. A bill to suspend temporarily the President Obama’s delays in implementing a defense articles and defense services to the duty on 1,3-bis(3-methyl-2,5-dioxo-1H- clear mission for the American space pro- governments of foreign countries that are pyrrolinylmethyl)benzene; to the Committee gram represent a clear threat to American engaging in gross violations of internation- on Ways and Means. exceptionalism; to the Committee on ally-recognized human rights, and for other By Mr. SCOTT of South Carolina: Science, Space, and Technology. purposes; to the Committee on Foreign Af- H.R. 5766. A bill to suspend temporarily the By Mr. CLARKE of Michigan (for him- fairs. duty on 2,2’-Dithiobisbenzothiazole; to the self, Mr. CONYERS, Mr. JACKSON of Il- By Mr. LARSON of Connecticut (for Committee on Ways and Means. linois, and Mr. DAVIS of Illinois): himself and Mr. MURPHY of Con- By Mr. SCOTT of South Carolina: H. Res. 657. A resolution expressing the necticut): H.R. 5767. A bill to reduce temporarily the sense of the House of Representatives sup- H.R. 5750. A bill to amend the Harmonized duty on Benzoyl chloride; to the Committee porting Federal employees; to the Com- Tariff Schedule to modify the tariffs on cer- on Ways and Means. mittee on Oversight and Government Re- tain wrist watches, and for other purposes; By Mr. SCOTT of South Carolina: form, and in addition to the Committee on to the Committee on Ways and Means. H.R. 5768. A bill to extend the temporary Ways and Means, for a period to be subse- By Mr. NADLER (for himself, Mr. CON- suspension of duty on Cyanuric chloride; to quently determined by the Speaker, in each YERS, and Mr. SCOTT of Virginia): the Committee on Ways and Means. case for consideration of such provisions as

VerDate Mar 15 2010 03:39 May 16, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\L15MY7.100 H15MYPT1 tjames on DSK6SPTVN1PROD with HOUSE H2714 CONGRESSIONAL RECORD — HOUSE May 15, 2012 fall within the jurisdiction of the committee thority over federal property. The U.S. Su- By Mr. SCOTT of South Carolina: concerned. preme Court has described Congress’s power H.R. 5753. By Mr. FATTAH: to legislate under this Clause as ‘‘without Congress has the power to enact this legis- H. Res. 658. A resolution supporting the limitation.’’ Because of this express Con- lation pursuant to the following: goals and ideals of International Water Safe- stitutional authority, Congress has the Congress has the power to enact this legis- ty Day; to the Committee on Energy and right, if not the duty, to properly manage its lation pursuant to the authority enumerated Commerce. public lands, including establishing foresta- in Clause 1 of Section 8 of Article I of the f tion policies, and tree harvesting and tree United States Constitution. salvaging. This bill falls squarely within the By Mr. SCOTT of South Carolina: CONSTITUTIONAL AUTHORITY express Constitutional power set forth in the H.R. 5754. STATEMENT Property Clause. Congress has the power to enact this legis- lation pursuant to the following: Pursuant to clause 7 of rule XII of By Mr. ELLISON: H.R. 5745. Congress has the power to enact this legis- the Rules of the House of Representa- Congress has the power to enact this legis- lation pursuant to the authority enumerated tives, the following statements are sub- lation pursuant to the following: in Clause 1 of Section 8 of Article I of the mitted regarding the specific powers Article I, Section 8, Clause 1 United States Constitution. granted to Congress in the Constitu- Article I, Section 8, Clause 3 By Mr. SCOTT of South Carolina: tion to enact the accompanying bill or Article I, Section 8, Clause 18 H.R. 5755. joint resolution. By Mr. TIBERI: Congress has the power to enact this legis- H.R. 5746. lation pursuant to the following: By Mrs. BIGGERT: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 5740. lation pursuant to the following: lation pursuant to the authority enumerated Congress has the power to enact this legis- This bill makes changes to existing law re- in Clause 1 of Section 8 of Article I of the lation pursuant to the following: lating to Article 1, Section 8 which provides United States Constitution. Article I, section 8, clause 1 (relating to that, ‘‘The Congress shall have Power To lay By Mr. SCOTT of South Carolina: the general welfare of the United States); and collect Taxes, Duties, Imposts and Ex- H.R. 5756. and Article I, section 8, clause 3 (relating to cises, to pay the Debts and provide for the Congress has the power to enact this legis- the power to regulate interstate commerce). common Defense and general Welfare of the lation pursuant to the following: By Mr. HECK: United States; but all Duties, Imposts and Congress has the power to enact this legis- H.R. 5741. Excises shall be uniform throughout the lation pursuant to the authority enumerated Congress has the power to enact this legis- United States;’’ and Article 1, Section 7 in Clause 1 of Section 8 of Article I of the lation pursuant to the following: which provides that ,’’All bills for raising United States Constitution. Article 1, Section 8 Revenue shall originate in the House of Rep- By Mr. SCOTT of South Carolina: By Mr. LoBIONDO: resentatives.’’ H.R. 5757. H.R. 5742. By Mr. CUMMINGS: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 5747. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article 1, Section 8 lation pursuant to the following: lation pursuant to the authority enumerated By Mr. ROGERS of Michigan: Article I, section 8, Clause 1 of the United in Clause 1 of Section 8 of Article I of the H.R. 5743. States Constitution, the reported bill is au- United States Constitution. Congress has the power to enact this legis- thorized by Congress’ power ‘‘To provide for By Mr. SCOTT of South Carolina: lation pursuant to the following: the common Defense and general Welfare of H.R. 5758. The intelligence and intelligence-related the United States.’’ Congress has the power to enact this legis- activities of the United States government Article I, Section 8, Clause 18 of the United lation pursuant to the following: are carried out to support the national secu- States Constitution, the reported bill is au- Congress has the power to enact this legis- rity interests of the United States, to sup- thorized by Congress’ power ‘‘To make all lation pursuant to the authority enumerated port and assist the armed forces of the Laws which shall be necessary and proper for in Clause 1 of Section 8 of Article I of the United States, and to support the President carrying into Execution the foregoing Pow- United States Constitution. in the execution of the foreign policy of the ers, and all other Powers vested by this Con- By Mr. SCOTT of South Carolina: United States. stitution in the Government of the United H.R. 5759. Article I, section 8 of the Constitution of States, or in any Department or Officer Congress has the power to enact this legis- the United States provides, in pertinent thereof.’’ lation pursuant to the following: part, that ‘‘Congress shall have power . . . to Article I, Section 8, Clause 12 of the United Congress has the power to enact this legis- pay the debts and provide for the common States Constitution, the reported bill is au- lation pursuant to the authority enumerated defense and general welfare of the United thorized by Congress’ power ‘‘To raise and in Clause 1 of Section 8 of Article I of the States’’; ‘‘. . . to raise and support armies support Armies, but no Appropriation of United States Constitution. . . .’’; ‘‘To provide and maintain a Navy’’; Money to that Use shall be for a longer Term By Mr. SCOTT of South Carolina: ‘‘To make Rules for the Government and than two Years.’’ H.R. 5760. Regulation of the land and naval Forces’’; By Ms. DELAURO: Congress has the power to enact this legis- and ‘‘To make all laws which shall be nec- H.R. 5748. lation pursuant to the following: essary and proper for carrying into Execu- Congress has the power to enact this legis- Congress has the power to enact this legis- tion the foregoing Powers and all other Pow- lation pursuant to the following: lation pursuant to the authority enumerated ers vested in this Constitution in the Gov- Article I. Section 8, Clause 1 of the United in Clause 1 of Section 8 of Article I of the ernment of the United States, or in any De- States Constitution United States Constitution. partment or Officer thereof.’’ By Mr. GRIJALVA: By Mr. SCOTT of South Carolina: By Mr. GOSAR: H.R. 5749. H.R. 5761. H.R. 5744. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: U.S. Const. art. I, §§ 1 and 8. Congress has the power to enact this legis- This bill addresses management of federal By Mr. LARSON of Connecticut: lation pursuant to the authority enumerated land. Accordingly, we turn to the following H.R. 5750. in Clause 1 of Section 8 of Article I of the constitutional authority: Congress has the power to enact this legis- United States Constitution. Article IV, Section 3, Clause 2. lation pursuant to the following: By Mr. SCOTT of South Carolina: The Congress shall have Power to dispose Article 1, Section 8 H.R. 5762. of and make all needful Rules and Regula- By Mr. NADLER: Congress has the power to enact this legis- tions respecting the Territory or other Prop- H.R. 5751. lation pursuant to the following: erty belonging to the United States; and Congress has the power to enact this legis- Congress has the power to enact this legis- nothing in this Constitution shall be so con- lation pursuant to the following: lation pursuant to the authority enumerated strued as to Prejudice any Claims of the U.S. Constitution, Article I, Section 8, in Clause 1 of Section 8 of Article I of the United States, or of any particular State. Clauses 10, 11, and 18. United States Constitution. Currently, the federal government pos- By Mr. SCOTT of South Carolina: By Mr. SCOTT of South Carolina: sesses approximately 1.8 billion acres of H.R. 5752. H.R. 5763. land. The land at issue in this bill is but a Congress has the power to enact this legis- Congress has the power to enact this legis- small part of those holdings. The U.S. Con- lation pursuant to the following: lation pursuant to the following: stitution specifically addresses the relation- Congress has the power to enact this legis- Congress has the power to enact this legis- ship of the federal government to lands. Ar- lation pursuant to the authority enumerated lation pursuant to the authority enumerated ticle IV, § 3, Clause 2—the Property Clause— in Clause 1 of Section 8 of Article I of the in Clause 1 of Section 8 of Article I of the gives Congress plenary power and full au- United States Constitution. United States Constitution.

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By Mr. SCOTT of South Carolina: Congress has the power to enact this legis- H.R. 1956: Mr. BRADY of Texas. H.R. 5764. lation pursuant to the following: H.R. 1971: Mr. GINGREY of Georgia. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 2069: Mr. HOLDEN. lation pursuant to the following: lation pursuant to the authority enumerated H.R. 2077: Mr. ROSS of Florida. Congress has the power to enact this legis- in Clause 1 of Section 8 of Article I of the H.R. 2088: Mr. DINGELL. lation pursuant to the authority enumerated United States Constitution. H.R. 2092: Mr. WEST. in Clause 1 of Section 8 of Article I of the By Mr. SCOTT of South Carolina: H.R. 2198: Mr. MANZULLO. United States Constitution. H.R. 5776. H.R. 2248: Mr. YARMUTH. By Mr. SCOTT of South Carolina: Congress has the power to enact this legis- H.R. 2315: Ms. WOOLSEY, Mrs. LOWEY, Ms. H.R. 5765. lation pursuant to the following: BALDWIN, and Ms. ROYBAL-ALLARD. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 2353: Ms. PINGREE of Maine. lation pursuant to the following: lation pursuant to the authority enumerated H.R. 2382: Mr. SHERMAN and Mr. ROTHMAN Congress has the power to enact this legis- in Clause 1 of Section 8 of Article I of the of New Jersey. lation pursuant to the authority enumerated United States Constitution. H.R. 2499: Ms. ROYBAL-ALLARD. in Clause 1 of Section 8 of Article I of the By Mr. SCOTT of South Carolina: H.R. 2505: Mr. SCHIFF. United States Constitution. H.R. 5777. H.R. 2514: Mr. CULBERSON. By Mr. SCOTT of South Carolina: Congress has the power to enact this legis- H.R. 2524: Mr. SMITH of Washington. H.R. 5766. lation pursuant to the following: H.R. 2529: Mr. LUETKEMEYER. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 2569: Mr. KINGSTON, Mr. NEUGEBAUER, lation pursuant to the following: lation pursuant to the authority enumerated Mr. CARTER, Mr. HANNA, and Mr. JONES. Congress has the power to enact this legis- in Clause 1 of Section 8 of Article I of the H.R. 2626: Mr. NEAL. lation pursuant to the authority enumerated United States Constitution. H.R. 2627: Mr. NEAL. in Clause 1 of Section 8 of Article I of the By Mr. SCOTT of South Carolina: H.R. 2751: Mr. CARNAHAN. United States Constitution. H.R. 5778. H.R. 2774: Mr. MCCLINTOCK. By Mr. SCOTT of South Carolina: Congress has the power to enact this legis- H.R. 2866: Mr. SESSIONS. H.R. 5767. lation pursuant to the following: H.R. 2962: Ms. MOORE, Mr. PETERS, Ms. Congress has the power to enact this legis- VELA´ ZQUEZ, Mr. LUETKEMEYER, Mr. CHABOT, lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the authority enumerated Mr. SESSIONS, Ms. HAHN, and Mr. SCHRADER. Congress has the power to enact this legis- H.R. 2969: Mr. POSEY, Ms. LINDA T. lation pursuant to the authority enumerated in Clause 1 of Section 8 of Article I of the United States Constitution. SA´ NCHEZ of California, Mrs. BONO MACK, Mr. in Clause 1 of Section 8 of Article I of the TONKO, Ms. MCCOLLUM, and Mr. SCHIFF. United States Constitution. By Mr. SCOTT of South Carolina: H.R. 5779. H.R. 3032: Mr. BILIRAKIS and Mr. STIVERS. By Mr. SCOTT of South Carolina: H.R. 3040: Mr. KILDEE. H.R. 5768. Congress has the power to enact this legis- H.R. 3053: Ms. MCCOLLUM. Congress has the power to enact this legis- lation pursuant to the following: H.R. 3067: Mr. WAXMAN, Mr. SMITH of Wash- lation pursuant to the following: Congress has the power to enact this legis- ington, Mr. MARINO, Mr. YOUNG of Alaska, Congress has the power to enact this legis- lation pursuant to the authority enumerated Mr. LUETKEMEYER, Mr. GENE GREEN of Texas, lation pursuant to the authority enumerated in Clause 1 of Section 8 of Article I of the Ms. JACKSON LEE of Texas, Mr. CONNOLLY of in Clause 1 of Section 8 of Article I of the United States Constitution. Virginia, Mr. HONDA, Mr. ROYCE, Ms. FUDGE, United States Constitution. By Mr. SCOTT of South Carolina: and Mr. SCHILLING. By Mr. SCOTT of South Carolina: H.R. 5780. H.R. 3098: Mr. FLORES. H.R. 5769. Congress has the power to enact this legis- H.R. 3102: Mr. COURTNEY. Congress has the power to enact this legis- lation pursuant to the following: H.R. 3173: Mr. HARPER, Ms. HANABUSA, and lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the authority enumerated Mr. CARNAHAN. H.R. 3216: Mrs. MCCARTHY of New York. lation pursuant to the authority enumerated in Clause 1 of Section 8 of Article I of the H.R. 3264: Mr. SCALISE. in Clause 1 of Section 8 of Article I of the United States Constitution. H.R. 3269: Mr. HURT, Mr. CAPUANO, Mr. United States Constitution. f HALL, and Mr. QUAYLE. By Ms. JACKSON LEE of Texas: H.R. 3288: Mr. WAXMAN. H.R. 5770. ADDITIONAL SPONSORS Congress has the power to enact this legis- H.R. 3307: Mr. LIPINSKI and Mr. TONKO. lation pursuant to the following: Under clause 7 of rule XII, sponsors H.R. 3308: Mr. CULBERSON. This bill is enacted pursuant to the power were added to public bills and resolu- H.R. 3324: Mr. SCOTT of Virginia. granted to Congress under Article 1, Section tions as follows: H.R. 3352: Mr. TONKO. 8, Clause 1 of the United States Constitution. H.R. 3357: Mr. SCHIFF. H.R. 104: Mr. CROWLEY. H.R. 3362: Mr. YODER. By Mr. SCOTT of South Carolina: H.R. 139: Ms. KAPTUR. H.R. 5771. H.R. 3364: Ms. CHU, Ms. PINGREE of Maine, H.R. 184: Mr. WITTMAN. Congress has the power to enact this legis- Mr. HOLDEN, and Mr. YARMUTH. H.R. 273: Mr. TIPTON and Ms. HIRONO. lation pursuant to the following: H.R. 3418: Ms. MCCOLLUM. H.R. 615: Mr. ROKITA. Congress has the power to enact this legis- H.R. 3443: Ms. BUERKLE. H.R. 640: Mr. JACKSON of Illinois and Mr. lation pursuant to the authority enumerated H.R. 3590: Ms. CLARKE of New York. LEVIN. in Clause 1 of Section 8 of Article I of the H.R. 3612: Mr. HIGGINS and Mr. SCOTT of H.R. 750: Mr. SCALISE and Mr. CULBERSON. United States Constitution. Virginia. H.R. 757: Mr. RIGELL. By Mr. SCOTT of South Carolina: H.R. 3627: Mr. MURPHY of Pennsylvania. H.R. 891: Mr. WELCH. H.R. 5772. H.R. 3635: Mr. RICHMOND. Congress has the power to enact this legis- H.R. 1004: Mr. WALSH of Illinois. H.R. 3643: Mr. THOMPSON of Pennsylvania lation pursuant to the following: H.R. 1044: Mr. KIND and Mr. WILSON of and Mr. STUTZMAN. Congress has the power to enact this legis- South Carolina. H.R. 3665: Ms. MCCOLLUM. lation pursuant to the authority enumerated H.R. 1091: Mr. GRIFFITH of Virginia. H.R. 3687: Mr. OLVER, Ms. DELAURO, Mr. in Clause 1 of Section 8 of Article I of the H.R. 1145: Mr. MCKEON. RANGEL, and Mr. GRIJALVA. United States Constitution. H.R. 1167: Mr. CULBERSON. H.R. 3720: Mr. BROUN of Georgia. By Mr. SCOTT of South Carolina: H.R. 1182: Mr. SCALISE, Mr. CULBERSON, and H.R. 3761: Mr. RANGEL. H.R. 5773. Mr. BENISHEK. H.R. 3790: Mr. MCINTYRE. Congress has the power to enact this legis- H.R. 1193: Mr. JACKSON of Illinois. H.R. 3798: Mr. THOMPSON of California and lation pursuant to the following: H.R. 1370: Mr. PRICE of Georgia, Mr. HAR- Mr. KILDEE. Congress has the power to enact this legis- PER, and Mr. WESTMORELAND. H.R. 3863: Mr. HIGGINS. lation pursuant to the authority enumerated H.R. 1386: Mr. LUETKEMEYER, Mr. NUNES, H.R. 3889: Mr. JONES. in Clause 1 of Section 8 of Article I of the Mr. COSTELLO, Mr. MCNERNEY, Mr. CONAWAY, H.R. 3891: Ms. LEE of California. United States Constitution. Mr. FATTAH, Mr. WALZ of Minnesota, Mr. H.R. 3993: Mr. HOLDEN. By Mr. SCOTT of South Carolina: FITZPATRICK, Ms. ROS-LEHTINEN, Mr. RIGELL, H.R. 4057: Mr. CARTER. H.R. 5774. Mr. COBLE, and Mr. VAN HOLLEN. H.R. 4070: Mr. ROGERS of Alabama. Congress has the power to enact this legis- H.R. 1409: Mr. BENISHEK. H.R. 4077: Mr. SCHIFF. lation pursuant to the following: H.R. 1410: Mr. MORAN. H.R. 4104: Mr. RIBBLE, Mr. MCKEON, Mr. Congress has the power to enact this legis- H.R. 1478: Mr. SESSIONS. ROGERS of Alabama, Mrs. MCMORRIS ROD- lation pursuant to the authority enumerated H.R. 1639: Mrs. BACHMANN. GERS, Mr. MILLER of Florida, Mr. MICA, Mrs. in Clause 1 of Section 8 of Article I of the H.R. 1704: Mrs. MCMORRIS RODGERS. MILLER of Michigan, Mr. SESSIONS, Mr. United States Constitution. H.R. 1726: Mr. MATHESON. WEST, Mr. ROHRABACHER, Mr. ROKITA, Mr. By Mr. SCOTT of South Carolina: H.R. 1744: Mr. QUAYLE. PAULSEN, Mr. ROSKAM, Mr. SCALISE, Mr. ROG- H.R. 5775. H.R. 1925: Mr. LYNCH. ERS of Michigan, Mr. MCHENRY, Mrs.

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ELLMERS, Mr. YOUNG of Indiana, Mr. H.R. 4390: Mr. SMITH of Washington. Washington, Mr. DINGELL, Ms. HOCHUL, Mr. DENHAM, Mr. ISSA, Mr. DANIEL E. LUNGREN of H.R. 4402: Mr. CONAWAY, Mr. JOHNSON of TURNER of Ohio, Mr. SHUSTER, Mrs. NOEM, California, Mr. FORBES, Mr. NUGENT, Mr. Ohio, Mr. BENISHEK, and Mrs. MCMORRIS Ms. KAPTUR, and Mr. RUSH. MCCOTTER, Mr. SOUTHERLAND, Mr. LUCAS, RODGERS. H. Res. 583: Mr. LANGEVIN. Mr. LOEBSACK, Mr. SHIMKUS, Mr. NUNNELEE, H.R. 4454: Mr. DUNCAN of Tennessee. H. Res. 645: Mr. PERLMUTTER and Mr. PRICE Mr. WITTMAN, Mr. GRIFFITH of Virginia, Mr. H.R. 4480: Mr. STEARNS. of North Carolina. CAMPBELL, Mr. PEARCE, Mr. YOUNG of Flor- H.R. 4625: Mr. DUNCAN of Tennessee. H. Res. 646: Mr. BARROW and Mr. KISSELL. ida, Mr. HUNTER, and Mr. ROE of Tennessee. H.R. 4848: Mr. KUCINICH. H.R. 4124: Ms. PINGREE of Maine: H.R. 4965: Mr. HURT, Mr. COSTA, Mr. BROUN f H.R. 4164: Mr. OWENS, Mr. WILSON of South of Georgia, Mr. NUGENT, Mrs. ELLMERS, Mr. Carolina, Mr. STARK, and Mr. JOHNSON of CARDOZA, Mr. KINGSTON, Mr. WESTMORELAND, AMENDMENTS Ohio. and Mrs. EMERSON. Under clause 8 of rule XVIII, pro- H.R. 4170: Mr. SABLAN and Ms. ZOE LOF- H.R. 4970: Mr. PENCE. posed amendments were submitted as GREN of California. H.R. 4972: Ms. MCCOLLUM, Ms. ZOE LOFGREN follows: H.R. 4183: Mr. DINGELL. of California, and Ms. SLAUGHTER. H.R. 4192: Ms. TSONGAS. H.R. 5050: Mr. NADLER. H.R. 4310 H.R. 4229: Mr. ROE of Tennessee, Mr. H.R. 5187: Mrs. CAPPS. OFFERED BY: MR. WALSH OF ILLINOIS CRAVAACK, and Mr. CULBERSON. H.R. 5284: Mr. BUCHANAN. AMENDMENT NO. 1: At the end of subtitle E H.R. 4232: Mr. HARPER. H.R. 5303: Mr. NADLER. of title V, add the following new section: SRAEL H.R. 5646: Mr. ROSS of Florida, Mr. BACHUS, H.R. 4240: Mr. I . SEC. 544. EXPANSION OF DEPARTMENT OF DE- H.R. 4259: Mr. SCHOCK, Ms. BASS of Cali- and Mr. FRANKS of Arizona. FENSE PILOT PROGRAM ON RE- fornia, and Mr. COLE. H.R. 5647: Mr. RYAN of Ohio and Ms. BERK- CEIPT OF CIVILIAN CREDENTIALING H.R. 4269: Mr. DUNCAN of Tennessee, Ms. LEY. FOR MILITARY OCCUPATIONAL SPE- HOCHUL, Mr. RAHALL, Mr. HARPER, Mr. WEST- H.R. 5691: Mr. GEORGE MILLER of California CIALTY SKILLS. MORELAND, and Mr. KISSELL. and Mr. MARKEY. (a) EXPANSION OF PROGRAM.—Subsection H.R. 4271: Mr. GUTIERREZ, Mr. NADLER, Mr. H.R. 5720: Mr. WELCH. (b)(1) of section 558 of the National Defense PETERS, and Mr. GARAMENDI. H.R. 5738: Mr. HUIZENGA of Michigan. Authorization Act for Fiscal Year 2012 (10 H.R. 4290: Mr. SCHIFF, Ms. WOOLSEY, and H. Con. Res. 63: Mr. LIPINSKI. U.S.C. 2015 note) is amended by striking ‘‘or Ms. HIRONO. H. Con. Res. 120: Ms. WATERS and Mr. HIG- more than five’’. H.R. 4323: Mr. KING of New York, Mr. HURT, GINS. (b) USE OF INDUSTRY-RECOGNIZED CERTIFI- Mr. STIVERS, Mr. LUETKEMEYER, and Mr. H. Res. 111: Mr. CASSIDY and Mr. CRITZ. CATIONS.—Subsection (b) of such section is RENACCI. H. Res. 177: Ms. JACKSON LEE of Texas. further amended— H.R. 4327: Mr. WALZ of Minnesota. H. Res. 282: Mr. GRIJALVA. (1) by striking ‘‘and’’ at the end of para- H.R. 4339: Mr. KUCINICH. H. Res. 351: Ms. MOORE, Mr. COOPER, Ms. graph (1); H.R. 4351: Mr. JACKSON of Illinois and Ms. WATERS, and Mr. MORAN. (2) by redesignating paragraph (2) as para- WILSON of Florida. H. Res. 460: Ms. HAYWORTH. graph (3); and H.R. 4367: Mr. PETERS, Mr. JOHNSON of H. Res. 526: Mr. MURPHY of Connecticut and (3) by inserting after paragraph (1) the fol- Georgia, Mr. CRENSHAW, Mrs. BLACKBURN, Mr. JOHNSON of Ohio. lowing new paragraph: and Mr. LEWIS of Georgia. H. Res. 568: Mr. WALSH of Illinois, Mrs. ‘‘(2) consider utilizing industry-recognized H.R. 4373: Mrs. EMERSON and Mr. ROTHMAN NAPOLITANO, Mr. CARNAHAN, Mr. KEATING, certifications or licensing opportunities for of New Jersey. Mr. FRANK of Massachusetts, Mr. CUMMINGS, civilian occupational skills comparable to H.R. 4377: Mr. LONG and Mr. QUAYLE. Mr. DONNELLY of Indiana, Mr. LARSEN of the specialties or codes so designated; and’’.

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Vol. 158 WASHINGTON, TUESDAY, MAY 15, 2012 No. 69 Senate The Senate met at 10 a.m. and was appoint the Honorable RICHARD up to six rollcall votes in order to com- called to order by the Honorable RICH- BLUMENTHAL, a Senator from the State of plete action on the Export-Import ARD BLUMENTHAL, a Senator from the Connecticut, to perform the duties of the Bank. There could possibly be five State of Connecticut. Chair. votes as part of the order—I have been DANIEL K. INOUYE, President pro tempore. told they may not all be offered—and PRAYER then we will have final passage on the Mr. BLUMENTHAL thereupon as- The Chaplain, Dr. Barry C. Black, of- bill. sumed the chair as Acting President fered the following prayer: MEASURE PLACED ON CALENDAR pro tempore. Let us pray. Mr. REID. Mr. President, H.R. 5652 is Eternal Father, strong to save, we f at the desk and due for a second read- know that You desire to save and not RECOGNITION OF THE MAJORITY ing. to destroy. Save our Senators from the LEADER The ACTING PRESIDENT pro tem- blindness which is not even aware of pore. The clerk will read the bill by mistakes. Save them from the pride The ACTING PRESIDENT pro tem- title for the second time. that ignores the security of many ad- pore. The majority leader is recog- The legislative clerk read as follows: visers. Save them from the self-will nized. A bill (H.R. 5652) to provide for reconcili- which can see no flaw within itself. f ation pursuant to section 201 of the concur- Save them also from the callousness rent resolution on the budget for fiscal year that will not care for those in pain. EXPORT-IMPORT BANK REAUTHOR- 2013. Lord, save us all when we put the IZATION ACT OF 2012—MOTION TO Mr. REID. Mr. President, I would ob- blame on someone or on something PROCEED ject to any further proceedings on this else, and from hearts so hardened that Mr. REID. Mr. President, I move that issue at this time. we cannot repent. Today, give our law- the Senate proceed to Calendar No. 396, The ACTING PRESIDENT pro tem- makers a sense of destiny and a deep H.R. 2072. pore. Objection having been heard, the dependence on Your guidance and Your The ACTING PRESIDENT pro tem- item shall be placed on the calendar. grace. pore. The clerk will report the motion. Mr. REID. Mr. President, I am happy We pray in Your sovereign Name. The legislative clerk read as follows: to announce that Democrats and Re- Amen. Motion to proceed to calendar No. 396, H.R. publicans have reached an agreement f 2072, a bill to reauthorize the Export-Import to move forward with reauthorization Bank of the United States, and for other pur- of the Ex-Im Bank legislation. PLEDGE OF ALLEGIANCE poses. This bank helps American companies The Honorable RICHARD BLUMENTHAL Mr. REID. Mr. President, we are now sell their products overseas and hire led the Pledge of Allegiance, as follows: on the motion to proceed to the Ex- workers here at home. It helped private I pledge allegiance to the Flag of the port-Import Bank reauthorization bill. companies add almost 300,000 jobs last United States of America, and to the Repub- I ask unanimous consent that the hour year in more than 2,000 American com- lic for which it stands, one nation under God, following my remarks and those of the munities. That is why the labor groups, indivisible, with liberty and justice for all. Republican leader be equally divided manufacturers, U.S. Chamber of Com- f and controlled between the two leaders merce, and many other organizations APPOINTMENT OF ACTING or their designees, with the majority have urged the Senate to move quickly PRESIDENT PRO TEMPORE controlling the first half and the Re- to reauthorize this bank, whose lending publicans the final half. limit is just about to expire. The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- The second ranking officer at the clerk will please read a communication pore. Without objection, it is so or- chamber of commerce wrote to all Sen- to the Senate from the President pro dered. ators yesterday. tempore (Mr. INOUYE). Mr. REID. Mr. President, at 11:15 Failure to enact this legislation would put The legislative clerk read the fol- today the motion to proceed to the Ex- at risk . . . American jobs at 3,600 companies lowing letter: port-Import Bank will be adopted, and that depend on Ex-Im to compete in global U.S. SENATE, there will be up to 2 hours of debate on markets. . . . Because other countries are PRESIDENT PRO TEMPORE, providing their own exporters with an esti- Washington, DC, May 15, 2012. the bill, and there will be up to five mated $1 trillion in export finance—often on To the Senate: amendments. At 12:30 the Senate will terms more generous than Ex-Im can pro- Under the provisions of rule I, paragraph 3, recess until 2:15 for our weekly caucus vide—failure to reauthorize Ex-Im would of the Standing Rules of the Senate, I hereby meetings. As early as 2:15 there will be amount to unilateral disarmament and cost

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

S3137

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Republicans fought for markets and ensure transparency in Ex-Im’s because Republicans insist on playing a the right to make this bill more re- operations. role in the legislative process around sponsive to the concerns of the Amer- here, we are somehow violating some This is directly from the chamber of ican people, who, understandably, want unspoken rule that says Democrats commerce. proof that we take our fiscal problems should always get their way, that we This legislation helps American busi- seriously. This is how the Senate is are somehow disturbing the legislative nesses export their products instead of supposed to work, and it has been all harmony by suggesting we do the kinds exporting jobs. Reauthorizing this im- too rare over the past several years. of things our constituents want. We portant legislation is the kind of con- The Founders established the Senate have been dealing with this strange sensus proposal that should not result as a place where issues would be re- view of the Senate in some form or in any kind of a partisan fight. I spoke solved through consensus and consid- fashion for 5 years but particularly to Senator MCCONNELL yesterday, and ered bipartisan debate, so that once over the past 3. we made the decision that this is the that consensus is actually reached, our Here is how it works. Following the laws would be stable and we could best way to move forward. I am hopeful lead of our very liberal President, that the Senate will pass it overwhelm- move on, confident that we had done Democratic leaders in the Senate pro- the right thing. ingly, signaling to American businesses pose some piece of legislation without that Congress will do what it takes to The Social Security Act of 1935 was any Republican input at all. Then Re- approved by all but six Members of the help them compete in the global mar- publican amendments are blocked from ket. But while Republicans say pub- Senate. The Medicare and Medicaid even being considered. The point in acts of 1965 were approved by all but 21. licly that they support this important most cases is to draw Republican oppo- measure, they have instead insisted on All but eight Senators voted for the sition and ensure that the legislation Americans With Disabilities Act of votes on a number of amendments that fails. Democrats then cry obstruction would gut or even kill the bill. 1990. The idea in all these cases—and as a way of distracting people from the many others—was that on issues of The chamber of commerce will con- fact that they basically have given up sider votes on this measure—and any broad national importance, on issues on governing and done nothing to en- that affect all of us, one party amendments that would weaken the sure that our most pressing national bank—to be keys to determine whether shouldn’t be allowed to force its will on problems actually get addressed. Rath- the other half of the Nation. Yet, over Senators are business-friendly. The ex- er than working with us on bipartisan treme amendments offered by my Re- the past few years, Democrats have felt solutions that reflect the concerns and quite differently. publican colleagues would certainly input of our constituents and that weaken the bank. One amendment just So I am pleased today to see a depar- therefore have a good chance of actu- ture from the Democratic standard op- eliminates the bank. These kinds of ally passing, Democrats blame the amendments are unacceptable to the erating procedure on this particular other side for obstruction—not only piece of legislation before us. Because business community. avoiding their own responsibilities as The National Association of Manu- they have agreed to allow a reasonable the majority party but handing the amendment process on this bill—some- facturers issued a similar warning yes- President a useful election-year theme terday, which I read here on the floor. thing they objected to last month and on which to run. then objected again even as recently as We agree, we can’t afford to give an What my colleagues and I have been last week—this bill will be considered inch to our global competitors. Canada, saying for 3 years is that it doesn’t today after debate and votes on amend- France, and India already provide have to be this way. Give us an oppor- ments aimed at improving it. seven times the assistance to their ex- tunity to play a role in the process and There is a lesson here: When both porters that America does. China and we will work together on bipartisan so- sides have a chance to debate and Brazil provide 10 times the support. lutions. Just look at the record. When amend, legislation tends to move. But So Senate Republicans are faced with Democrats blocked all debate and when the majority refuses any ideas a choice: They can continue to support amendments on the Export-Import that they didn’t come up with, things these extreme amendments that would Bank legislation, it went nowhere. slow down. Let’s hope this new process effectively kill the Export-Import When they agreed to our reasonable re- will stick. Bank and risk the wrath of the Amer- quests for input on the bill, that ican business community or they can changed. They could have accepted this NATIONAL POLICE WEEK work with the Democrats to reauthor- offer, actually, much earlier, but they Mr. President, this week we com- ize this bank without adding amend- didn’t because it didn’t fit the story memorate National Police Week 2012 ments that would undermine its ability line. The same thing on the postal and pay tribute to the men and women to help businesses grow. We have been bill—when Democrats blocked all in the law enforcement community for told that the House is going to accept amendments and debate, the bill their service and their sacrifice. no amendments. It was very hard for stalled. When they agreed to a reason- In 1962 President Kennedy signed a them to get done what they did. I ad- able list of amendments, it passed. The proclamation which designated May 15 mire and appreciate what they did do. same could be said about trade adjust- as Peace Officers Memorial Day and I am optimistic that my Republican ment assistance, patent reform, FAA the week in which it falls as Police colleagues will make the right choice reauthorization, the highway bill, un- Week. and help us defeat these vexatious employment insurance, the doc fix, the During National Police Week, the amendments. payroll tax holiday, and others. It is Nation’s Capital welcomes tens of RECOGNITION OF THE REPUBLICAN LEADER the same story every time: Poisoned thousands of law enforcement officers The ACTING PRESIDENT pro tem- pills are removed, Republican input is to honor those who have fallen in the pore. The Republican leader is recog- allowed, and then things happen. line of duty. Among those visiting nized. Republicans have been crystal clear Washington are hundreds of police offi- Mr. MCCONNELL. Mr. President, that the Export-Import Bank reauthor- cers from my home State of Kentucky, there is a lot of talk on the left these ization needed some work. Remember, and I want to personally welcome them days about the Senate being a dysfunc- Democrats tried to add it as an amend- and extend a special-thank you for tional institution. And they are right. ment to the JOBS Act before the House their service and sacrifice that they For the past few years, the Senate reached the agreement that enabled it make to keep Kentucky’s communities hasn’t functioned as it should. The to pass on a bipartisan basis over in and families safe. Your hard work and question is, Why? In my view, the an- the House. But, again, they wanted to dedication is unmatched and does not swer is quite clear: a majority party do it without giving Senate Repub- go unnoticed.

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But in the in- back to the first known line-of-duty But what we have found over the last terest of achieving things here in a rea- death in 1791, including 163 officers who several years is that we have lapsed sonable period of time, I suggest what died in 2011 and 36 officers who have into a new Senate—and not a very good Senator REID, the Democratic leader, been killed thus far in 2012. In addition, one, from my point of view. It is a Sen- did on postal reform was a good-faith this year we are paying tribute to 199 ate that is overrun with filibusters. effort to come to some kind of com- officers who died in previous years but Filibusters used to be so rare, one or promise with the minority. If you will whose acts of courage and sacrifice two a year in the early days and then remember, Senator REID came to the were not discovered until recently. maybe a few more in the last 50 years, floor and said we will accept relevant It is with great sadness that one of but now virtually every single week. amendments to postal reform. We had those officers we lost last year was The filibuster is basically shutting quite a few of them, if you remember. from the Commonwealth—Officer down the Senate, saying that we will I think it was a healthy time. It was a James Philip ‘‘Stumpy’’ Stricklen of not go forward to vote on a measure. It rare occasion, unfortunately, on the the Alexandria, KY Police Department. has been abused, overused and, frankly, Senate floor, but it was a good-faith Officer Stricklen was well respected has denigrated the reputation of this offer by the Democratic leader. It gave amongst his peers and a leader within important institution. the Republicans opportunity to debate What are the points of view? The the community. He will be sorely amendments. We debated them, we point of view of the minority was well missed. voted on them, and we passed postal re- stated by the Republican leader. The This week the Nation honors Officer form. Stricklen, as well as all those police of- minority wants an opportunity to offer I think we need to find some com- ficers that have fallen. I would also amendments. I know the feeling. I have monality here, where we can offer to like to take a moment to remember been in the minority in the Senate. It the minority, whichever party is in the the families of the fallen. It is only is your only opportunity to have a minority, the opportunity to offer rel- voice on the floor of the Senate and to through supportive families that these evant amendments to a bill. That express a point of view that may not be men and women were able to dedicate means, of course, it is an amendment reflected by the President or the Sen- their lives to protecting others. May that relates to the subject matter of ate majority. That is an understand- God continue to look after them and the bill. Two recent examples show able impulse. The majority in the Sen- may God continue to protect all those, how far afield you can reach. Senator ate is usually trying to move an agen- whose daily work is to protect us. BLUNT of Missouri offered an amend- da—many times, in this case, the I hope paying tribute to those who ment to the transportation bill on the President’s agenda—and, frankly, does serve and especially those who have subject of birth control. Maybe there is not want to see this slowed down by an paid the ultimate sacrifice reminds all some way you can link up transpor- onslaught of amendments. There has to of us of the heroes we have all around be a happy medium, and that is what tation and birth control but I will not us, keeping us safe, each day. I encour- we need to see. go there. I will just say that was a age everyone to take a moment this The suggestion of the Senate Repub- stretch to bring that issue to that bill, week and going forward to extend a lican leader that the problem we have but he was given the chance. The jun- thank you to law enforcement officers with filibusters has to do with the fact, ior Senator from Kentucky tried on who have sworn to protect us and keep as he said it, that the Republicans in- bill after bill, totally unrelated to for- our communities safe. sist on playing a role in offering eign policy, to offer an amendment on On behalf of myself and my Senate amendments is correct to a point. But foreign aid to Egypt. That shows how colleagues, thank you to all members I might remind the minority leader, far you can stretch the opportunity to of the law enforcement community for what happened last week? We brought offer a floor amendment. your service. You have our deepest ad- up the college student loan bill. The As I said, there can be moments miration and respect. object was to make sure the interest where we want to do that but as a mat- I yield the floor. rate on college student loans did not ter of course around here I hope we will RESERVATION OF LEADER TIME double July 1, from 3.4 percent to 6.8 try to find some common ground. The ACTING PRESIDENT pro tem- percent—widely accepted, widely en- Wouldn’t it be refreshing if the Senate pore. Under the previous order, the dorsed by President Obama and by floor was actually a floor where amend- leadership time is reserved. Governor Romney. How about that? ments were offered, debate ensued, and Under the previous order, there will Both leading contenders for the Presi- a matter moved to final passage in- now be 1 hour of debate equally divided dency said don’t let this interest rate stead of watching us lurch from one and controlled between the two leaders double. You would think that would be mind-numbing filibuster to another? I or their designees, with the majority an easy thing to accomplish. have said it on the floor before, but a controlling the first 30 minutes and the What we offered on the floor to the lot of people with cable TV are com- Republicans controlling the second 30 Republicans was an opportunity to plaining to the cable TV providers that minutes. bring up the measure and they could there must by something wrong with The Senator from Illinois. bring up their amendments to the C–SPAN, nothing is happening on C– Mr. DURBIN. Mr. President, before I measure. That, I think, is what the SPAN. It is the Senate. And many say a word about the Export-Import Senate Republican leader just asked times nothing happens because we are Bank, I wish to speak as in morning for. How many Republican Senators lurching through filibusters. business. I ask unanimous consent to voted with us to bring up the student Today we are going to move to the speak as in morning business. loan measure, subject to amendment? Export-Import bill. The ACTING PRESIDENT pro tem- None. Not one. So this suggestion that President Obama challenged us back pore. Without objection, it is so or- we are in filibuster because we do not in 2010 to create jobs by doubling ex- dered. offer an opportunity for amendment ports of American-made products by SENATE PROCEDURE overlooks what happened last week. 2015. It is a challenge to create and de- Mr. DURBIN. Mr. President, the com- The college student loan bill offered velop new technology, to tap into new ments made by the Republican Senate ample opportunity to the Republicans markets and create new relationships, leader about the procedures in the Sen- to offer an amendment, but they still to more efficiently ship overseas our ate are comments I wish to speak to di- refused to allow us to proceed to that agricultural products and manufac- rectly. measure. tured goods. In 2010, exports supported First, perhaps to his surprise, let me Here is what I suggest—perhaps a more than 9.2 million American jobs. say I agree with him. The Senate is not cooling-off period; perhaps that both Every $1 billion in new exports sales what it should be. It is an important sides do sit down and try to work out supports 6,000 additional jobs. By dou- part of this government, it is an impor- something that is reasonable. bling exports, we have the opportunity

VerDate Mar 15 2010 00:47 May 16, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.003 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3140 CONGRESSIONAL RECORD — SENATE May 15, 2012 to create millions of new jobs right 2,700 U.S. companies. Mr. President, 113 I yield for Senator LAUTENBERG. here at home, jobs that could put the of these companies are located in my The ACTING PRESIDENT pro tem- millions of Americans still unemployed home State of Illinois, and 80 of those pore. The Senator from New Jersey. or underemployed back to work. are small businesses. CONFIRMING JUDICIAL NOMINEES Last year, Congress passed free trade One of these companies is NOW Mr. LAUTENBERG. Mr. President, I agreements that will increase exports Health Group in Bloomingdale, IL. rise to join with my colleagues on this and provide access to markets in South This company is a natural food and side to urge our colleagues on the other Korea and Panama for US exporters. supplement manufacturer with more side of the aisle to move quickly to The South Korea Free Trade Agree- than 640 employees, 35 of which are confirm highly qualified judicial nomi- ment alone is estimated to support supported by assistance from the Ex- nees. They passed review by the Judici- 70,000 additional jobs by opening up Ko- port-Import Bank. According to NOW’s ary Committee. They passed all kinds rea’s $560 billion market to U.S. com- Chief Operating Officer Jim Emme, of scrutiny. panies. ‘‘The flexibility in the payment terms We are on the verge of serious eco- Earlier this year, I introduced a bill we can offer through our Export Im- nomic improvements. As that takes with Senators BOOZMAN and COONS in port Bank policy has allowed us to place, we have a lot of parts to keep the Senate and Congressmen CHRIS grow our business in existing markets moving. We must do everything we can SMITH and BOBBY RUSH in the House as well as open new ones.’’ NOW has to fill the positions that can help, di- that would boost U.S. jobs by increas- grown its exports from 2 percent of rectly and indirectly, to resolve dis- ing American exports to Africa by 200 their overall business to more than 10 putes or problems, to help Americans percent in real dollars over the next percent. They could not have done this across the country to find work, stay ten years. This broadly bipartisan leg- without the Export Import bank. There in their homes, provide their children islation takes common sense steps. The are thousands of stories just like this with health care and education. We bill would coordinate the various U.S. all over the U.S. have to cooperate on all fronts to ac- The reauthorization increases the Government export efforts aimed at Af- celerate the pace of the recovery we Bank’s lending cap from $100 billion to rica, make sure our Foreign Service Of- see ahead of us. $140 billion and authorizes the Bank ficers have appropriate training on One of the places both sides benefit is through 2014. Legislation reauthorizing helping U.S. companies understand new to keep our justice system moving effi- the Export-Import Bank has received markets, and ensure that our Depart- ciently. People need to know they can overwhelming bipartisan support in the ment of Commerce keeps a focus on Af- get disputes resolved, hopefully quick- past. Similar legislation reauthorizing rica. And the bill makes a change at ly, but heard and decided. One of the the Bank received bipartisan support the Export Import Bank—a bank which things that looms large is the trial of in the Banking Committee and was re- actually makes hundreds of millions of those who are charged with felonious ported out of Committee by a voice deeds, criminal acts. Let’s get those dollars in profits for the American tax- vote, and a similar Export-Import who are convicted finally punished if it payer. Bank reauthorization was introduced Our bill empowers the Export Import is called for. But let’s make sure that by a Republican back in 2006 and Bank to be more aggressive in coun- part of our judiciary functioning is passed the Senate by unanimous con- tering concessional—or below market— moving as rapidly as it can be. sent. loans being offered by China and others I hope we can come to an agreement Property rights are at risk. Busi- to help their businesses crack into Af- soon to quickly pass a bill to reauthor- nesses need certainty about rights and rican markets. ize the Export Import Bank, a bill the responsibilities. Unfortunately, delays You see this is a global economy and House has already passed with broad in confirming qualified judicial nomi- the competition from other nations bipartisan support. This bill has sup- nees who have passed the scrutiny of and industry is fierce. Our government port from labor organizations such as the Judiciary Committee are threat- should be helping our businesses—and the AFL–CIO and the Machinists as ening to grind the wheels of justice to our workers—crack through to new well as the U.S. Chamber of Commerce a halt when there are vacancies markets where American quality and and the National Association of Manu- around. Nearly 1 in 11 judgeships across standards are in high demand. This facturers. the country is awaiting the position to isn’t corporate welfare, it is smart Mr. President, this is a bill that gives be filled. If these positions were physi- business. It doesn’t cost the American American corporations, large and cians, firemen, cops, and 1 out of 11, al- taxpayer anything—in fact it generates small, a fighting chance to build the most 10 percent of these jobs, were not jobs and funding. These are all steps products here in America and sell them filled, we would do something as rap- that will get us closer to meeting overseas, creating jobs right here at idly as we could to get them resolved. President Obama’s challenge. home. We live in a world where China— At this point in President George We have another opportunity to help most important China, but many other Bush’s Presidency, the Senate had con- U.S. businesses export more by reau- nations, have government support for firmed 25 more judges than have been thorizing the Export-Import Bank that their businesses’ exporting. This is our confirmed since President Obama took is set to expire at the end of this government’s support for our busi- office. These are seriously needed month. The Export-Import Bank nesses to export. Boeing has its na- nominees who have been forced to wait makes loans to firms exporting Amer- tional headquarters in Chicago and nearly four times as long as the Bush ican-made products. These loans allow most of their manufacturing oper- nominees to be confirmed after being businesses—including a large number ations in the State of Washington. Boe- favorably reported, as I mentioned, by of small businesses—across the U.S. ing is competing with Airbus. Airbus is the Judiciary Committee. sell their goods to businesses all over a product, a plane that is created by a As a result, the vacancy rate is near- the world. The Bank makes money off conglomerate of European nations ly twice what it was at this point in of these loans, money that is returned which do their best to make sure that President Bush’s first term. These va- to the U.S. Treasury year after year. Airbus wins a contract. I think it is not cancies are not some remote problems The bank has a loan loss rate of less unfair that Boeing have the same op- that only lawyers and academics care than 2 percent—a figure most banks portunity, nor Caterpillar in my State, about. Judicial vacancies affect the would envy. nor many businesses much smaller. ability of everyday Americans and It is estimated that the Export-Im- So the Export-Import Bank reauthor- businesses to see justice served, and port Bank will return $359 million to ization is a good idea. It will create countless of them have had their cases the United States Treasury in fiscal jobs. The amendments being offered on delayed. year 2013 alone, and according to CBO the Republican side, by and large, limit I am encouraged that we have been the bank will return almost $1 billion the opportunities to help American able to confirm a number of nominees over the next 5 years. This money is businesses. I will be resisting those lately, including two last evening. It is used directly to reduce the deficit. The amendments. I hope we can move to my hope that for the good of the coun- Export-Import Bank is responsible for passage of this measure in a timely try we will pick up the pace in con- supporting 288,000 jobs at more than fashion. firming nominees—particularly as I see

VerDate Mar 15 2010 02:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A15MY6.008 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3141 it from our State’s point of view. In qualified.’’ I am confident that his ator Voinovich. I met with her, talked our State of New Jersey we have three work as a judge will earn him similar with her, and I sent my approval to the distinguished nominees who have been praise. Judiciary Committee. She was con- approved by the Judiciary Committee Judge Michael Shipp, yet another ap- firmed in the second or third month I and are awaiting votes by the full Sen- pointee, has equally impressive creden- was here, because I believe the Presi- ate so they can get to work fulfilling tials. As a U.S. magistrate judge in the dent of the United States should have their obligation to dispense justice. District of New Jersey since 2007, he the right to choose judges as long as One of these people is magistrate has conducted proceedings in both civil they are qualified. That is why I ask judge Patty Shwartz, who has been and criminal cases, including ruling on that we move forward on these judicial nominated to serve on the Third Cir- motions, issuing recommendations to nominations. cuit Court of Appeals. She passed with district court judges, and performing In June 2010 U.S. district judge flying colors with an examination of district court judge duties in cases James Carr took senior status, cre- her background. She would be the only with magistrate jurisdiction. ating a vacancy in the Northern Dis- woman from New Jersey serving as an Judge Shipp previously worked in the trict Court in Toledo, OH. That means active Third Circuit judge and only the New Jersey Attorney General’s Office that Ohioans seeking criminal or civil second woman ever to represent New as assistant attorney general in charge justice have to wait, which creates a Jersey on that court. Her presence of consumer protection and then as backlog of too many cases. That is would tell women something important counsel to the attorney general, where what we have seen happen. about our understanding of where he ran a department of 10,000 employ- In 2007 Senator Voinovich, a Repub- women are in our society. Since 2003 ees. lican, and I assembled a commission of Patty Shwartz has served as a U.S. He has also worked as a litigator at a distinguished Ohio lawyers to find the magistrate judge in the District of New distinguished law firm, Skadden Arps, best candidate for the job. It wasn’t in Jersey, where she has handled 4,000 and as a law clerk to New Jersey Su- 2007; it was later than that. In 2009 criminal and civil cases. She spent al- preme Court Justice James Coleman, there was a President from a different most 14 years as an assistant U.S. at- Jr. party, so we updated the commission. torney, supervising hundreds of crimi- Judge Shipp is a graduate of Rutgers This commission, appointed by Senator nal cases, including civil rights, vio- University and Seton Hall University Voinovich and myself, consisted of lent crime, drug trafficking, and fraud Law School, where he continues to legal professionals from the Southern cases. teach as an adjunct law professor—a District of the State to suggest nomi- I review her qualifications only to position he has held for more than a nations for the vacant judgeships for make the case that this is a person decade. the Northern District of the State. We eminently qualified to sit on the bench. I review the qualifications of these did the reverse, with lawyers from the We need her presence there to move the judges to remove any doubt about north choosing for the Southern Dis- volume of cases that are awaiting re- whether they could do a good job. They trict, to make sure there was not a view, and she is bottled up here by re- can do a great job. Their backgrounds conflict of interest. This commission luctance on the other side. She passed say they are ready to go to work, and was very bipartisan. One of them had a the test. Let’s let her go to work. here we are, frankly, seeing them held Republican majority, one of them had John Lacey, past president of the As- up, in my view, unnecessarily. Let’s a Democratic majority. sociation of the New Jersey Federal get this behind us. There are things on Following Judge Carr’s retirement, Bar, said that Judge Shwartz is which we can cross the aisle without the commission made a selection. I ‘‘thoughtful, intelligent, and has an ex- invading the province of the other interviewed three nominees, sent those traordinarily high level of common Members, and I think we just ought to names to the President, and then the sense.’’ cooperate on judges. I think I can President nominated Jeffery Helmick. Thomas Curtin, chairman of the speak for the Democrats here that we Jeffery Helmick is a Toledo native, a Lawyers Advisory Committee for the will cooperate. We will consider the brilliant and distinguished lawyer who U.S. District Court of New Jersey, said: judges who are presented from their has earned the respect of his colleagues Every lawyer in the world will tell you side, but we want to just get going with for doing his job well. Yet for nearly 2 that she’s extraordinarily qualified, a decent judges altogether. years his nomination has languished. person, and an excellent judge. I thank Chairman LEAHY and Rank- For nearly 2 years he has had to place The American Bar Association clear- ing Member GRASSLEY for moving his defense practice and life on hold, ly agrees. They gave her the highest these nominees through the Judiciary awaiting Senate confirmation. This is rating of unanimously ‘‘well qualified.’’ Committee, but now it is time to bring no way to treat a public servant. Judge Shwartz graduated from Rut- them to the floor and confirm them. According to the U.S. Constitution, gers University with the highest hon- Judge Shwartz, Mr. McNulty, and it is our job to confirm qualified nomi- ors. She received her law degree from Judge Shipp have brought honor to nees to serve on our Nation’s highest the University of Pennsylvania Law New Jersey and to our country, and court. But as of April of 2012—Senator School, where she was editor of the they deserve to be confirmed. More im- LAUTENBERG mentioned this, and Sen- Law Review and was named her class’s portantly, the American people deserve ator NELSON from Florida will in a mo- Outstanding Woman Law Graduate. to see these vacancies filled so the ment—there are 81 judicial vacancies The two nominees for New Jersey’s promise of justice for all can truly be throughout the United States. In my district court are similarly well quali- fulfilled. State of Ohio, the court is saying there fied. I yield the floor. is a judicial emergency. The non- Kevin McNulty currently leads an ap- The ACTING PRESIDENT pro tem- partisan Administrative Office of the pellate practice group in New Jersey. pore. The Senator from Ohio. Courts, the nonpartisan agency He spent more than a decade in the Mr. BROWN of Ohio. Mr. President, I charged with running our Federal U.S. Attorney’s Office in New Jersey, wish to continue to emphasize the re- courts, recently declared a judicial rising to the Deputy Chief of the Crimi- marks Senator LAUTENBERG made. I emergency for the Northern District of nal Division and Chief of the Appeals have not been here that long, but what Ohio. Division. I have seen happen in the last 2 or 3 Mr. Helmick has the enthusiastic Mr. McNulty clerked for U.S. district years where judges appointed by the support of all of the Federal judges in judge Frederick B. Lacey after receiv- President of the United States are Toledo, including those appointed by ing his law degree from New York Uni- slow-walked or just ignored or blocked Republican Presidents, was rec- versity, where he was a member of the in this body is just outrageous. ommended by a bipartisan process cre- Law Review, and his undergraduate de- In 2007, during my first month in of- ated by Senator Voinovich and me, and gree came from Yale University. He fice, I was presented with a Republican yet his nomination is still stuck even was named Lawyer of the Year in 2008 judge, coming from a Republican Presi- though there is a judicial emergency by the New Jersey Law Journal, and dent, approved by my predecessor, Sen- and even though he was approved in a the ABA rated him unanimously ‘‘well ator DeWine, and my colleague, Sen- bipartisan manner by the Judiciary

VerDate Mar 15 2010 00:47 May 16, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.005 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3142 CONGRESSIONAL RECORD — SENATE May 15, 2012 Committee. The result is that litigants have a process. Why should there be a denied; that even a correct verdict can in the Northern District are experi- delay on judges like that? There abso- be without justice if it comes too late encing delays in having their cases re- lutely shouldn’t. to matter to the parties involved, espe- solved. In too many cases, justice con- For example, take one of our Federal cially if that delay is not justified by ferred—as the saying goes—can be just judges. Judge Jordan was elevated by the circumstances or the complexity of denied. the President to the Eleventh Circuit the case. Our Nation’s courts have been a bea- Court of Appeals unanimously out of The dangers for our Nation in these con of hope—sometimes, not always— the Judiciary Committee. At the end of judicial emergencies are great: First, for the vulnerable and the powerless, the day, he won on this Senate floor 94 that Americans may be robbed of jus- but this confirmation delay clogs our to 5, but he was held up for 4 months. tice by unjustified delay; second, that courts, obstructs justice, and damages Why? There is too much gamesmanship Americans may come to doubt that the our democracy. Maybe some people are and partisanship in the process, and courts are capable of dispensing justice playing political games by slow-walk- particularly coming out of a State such because they cannot function effec- ing these judges. In the end, they as Florida where it is nonpartisan in tively; and, third, that in seeking to might think it is cute, funny, and they the selection of judges. clear the growing backlog of cases the might think they gain politically from We have two vacancies in the South- courts may rush to judgment and may it, but it does obstruct justice, it does ern District and two vacancies in the fail to apply the rigor that Americans clog our courts, and it does damage our Middle District of Florida right now. expect and deserve. democracy. So it is not cute, it is not One of the judges is up on the docket. Mr. President, I ask unanimous con- funny, and it is not worthy of any po- Two others have just come through and sent I be allowed to proceed for an ad- litical gains in this Chamber. had their hearing in committee. The ditional minute. Jeffrey Helmick will make an out- fourth is being vetted by the White The ACTING PRESIDENT pro tem- standing judge on the U.S. District House. Let’s go on and get approved pore. Without objection, it is so or- Court for the Northern District of these judges where there is no con- dered. Ohio. We need to confirm him, and we troversy. Mr. LEVIN. The Judiciary Com- need to confirm him this month before I see my colleague from Michigan is mittee has favorably reported 17 judi- Congress breaks. here. I will turn the remainder of my cial nominations that are now awaiting I yield the floor. time to him. votes on the floor of the Senate. There The ACTING PRESIDENT pro tem- I yield the floor. is no question that the wait for many pore. The Senator from Florida. The ACTING PRESIDENT pro tem- of the judicial nominees of President Mr. NELSON of Florida. Mr. Presi- pore. The Senator from Michigan. Obama has been unacceptable. Under dent, I ask unanimous consent that the Mr. LEVIN. Mr. President, Members the previous President, at this point in time on the Democratic side be equally of the Senate have a duty and obliga- his term the average district court controlled by myself and Senator tion to carefully consider the votes we nominee waited 22 days from favorable LEVIN. take on nominations to the Federal report by the Judiciary Committee to The ACTING PRESIDENT pro tem- courts. Our Constitution has estab- Senate confirmation. The average cir- pore. Without objection, it is so or- lished a judicial branch with vitally cuit court nominee waited 28 days. dered. important responsibilities and with By contrast, the average district Mr. NELSON of Florida. That would considerable independence from the court nominee under President Obama mean how many minutes? other branches of government. The has faced a wait of 97 days, and the av- The ACTING PRESIDENT pro tem- Founders were right to do so. They erage for circuit court nominees is 138 pore. There is 61⁄2 minutes remaining were also right to give this body a say days. Yet the vast majority of these for the majority. on nominations to that independent nominees are not controversial. They Mr. NELSON of Florida. For the branch. It is the one chance that the enjoy bipartisan support. We should total? people, through their elected rep- move quickly to confirm these nomi- The ACTING PRESIDENT pro tem- resentatives, have to influence the nees who have been receiving bipar- pore. That is correct. makeup of the Federal courts. tisan backing, particularly, and to re- Mr. NELSON of Florida. Then I will I do not begrudge any Senator the view, debate, and act as expeditiously speed up my remarks until I see Sen- right to carefully question judicial as we can on the small number of ator LEVIN come in. nominees, to carefully weigh their nominations about which there is some Mr. President, I, too, wish to talk qualifications, and to exercise their debate. about the vacancies. There is no sense best judgment as they exercise their There is a great deal of discussion for all of this slow-walking. Fortu- responsibilities that the Founders as- about which party is to blame about nately in Florida we have a process signed to the Senate. the ever-slower pace of judicial nomi- that takes the politics out of the selec- The question we must all answer is nations. I have my own strong beliefs tion of judges. The two Senators ap- this: When do careful consideration and on that question. Our constituents are point a judicial nominating commis- the exercise of good judgment become best served not by arguing over blame, sion of prominent people all over the damaging delay? For just as we can fail but by our exercise of the responsi- State, and they do the interviews and to serve our constituents by failing to bility the Constitution bestows upon they do the selections of at least three properly scrutinize judicial nominees, us. I simply ask all of my colleagues to for each vacancy. Because they do this we can fail to serve them by failing to consider on each of these nominations in a nonpartisan way—notice what I act on these nominations after there the damage done by delay and inaction, said. I didn’t say ‘‘bipartisan,’’ I said has been sufficient time for the Judici- and to carefully consider the threat to ‘‘nonpartisan way,’’ which is the way ary Committee and the Senate to scru- justice from the growing crisis of delay the selection of the judiciary ought to tinize them. in our courts. We can and should act be done. Because they do that in a non- Today nearly 1 in 10 Federal judge- promptly on the 17 nominees on the partisan way, all three of the nominees ships is vacant. Roughly half of all calendar. who come to the two Senators—any Americans live in judicial districts or I yield the floor. one of them can be a Federal judge be- circuits in which the Federal courts The ACTING PRESIDENT pro tem- cause they are all so qualified. have declared a judicial emergency, pore. The Senator from Nebraska. Fortunately, with the agreement we meaning according to the standards es- Mr. JOHANNS. Mr. President, I ask have with the White House, the Presi- tablished by the Supreme Court, resi- unanimous consent to enter into a col- dent can name whomever he wants. He dents face the prospect of unacceptable loquy with my Republican colleagues: agrees to accept the nominee and make delays in having cases heard because Senators KYL, COBURN, ISAKSON, and his pick from among the three we send vacancies have led to a troubling back- HELLER for up to 30 minutes. him if we approve all three after the log of cases. The ACTING PRESIDENT pro tem- two Senators have, in fact, gone It is a precept of Western judicial pore. Is there objection? through and interviewed them. So we thought that justice delayed is justice Without objection, it is so ordered.

VerDate Mar 15 2010 00:47 May 16, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.007 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3143 THE BUDGET ning for taxes, 10 years of planning for on behalf of all Governors. The Gov- Mr. JOHANNS. Mr. President, I rise expenditures, 10 years of planning for ernor has to deliver a budget. In Ne- today with my colleagues to talk about the government. A lot of people just do braska, we used a 2-year budget, and something I think is an issue that not want us to know what their plans that is what makes me proud to co- without a solution will affect every are for the next 10 years. sponsor the Senator’s idea. It is the single aspect of life in our country. I But every American family in this right approach. It simply says we are am speaking about our debt crisis, the county has had to sit around their going to do our very best to get a budg- impending fiscal cliff, and the lack of a kitchen table, reprioritize their ex- et passed and do the oversight nec- budget to address those issues. As I penditures, and budget what income essary to make sure that budget is said, I am very pleased to be joined by they have because of difficult economic working. my colleagues to talk about this issue. times. The government should ask of So I compliment the Senator on his Unfortunately, for whatever reason, itself only what it forces upon all of its idea. It is definitely a better way for- the Senate has lacked the will and the people. ward. leadership to fulfill what I consider its I have a suggestion to consider, a Let me, if I might, now turn to Sen- most basic legislative function: writing suggestion that 20 of our 50 States ator KYL. and adopting a budget resolution. That practice. Forty percent of our State I say to Senator KYL, when I was has gone on for more than 3 years. governments now have a biennial budg- Governor I always had the first shot at While I understand we are rapidly ap- et. It is a proposal that has been before delivering a budget. I would deliver it. proaching the time where Presidential this body for years. I am proud to be I would do the State of the State Ad- politics will consume the entire agen- the cosponsor with Senator JEANNE dress. It was not that much different da, the U.S. national debt is also rap- SHAHEEN from New Hampshire. It is a from the way it is done in Washington, idly approaching a significant mile- budget process and a discipline that with the President’s February budget stone: $16 trillion worth of debt. We ends this no budget and also memorial- proposal. The State of the Union Ad- should look no further than or izes the most important thing we need dress coincides with that. Spain to see what this level of debt to do and the least thing we do in this With my budget—and I think most would do to an economy if it goes un- body; that is, oversight. Governors would say this—even when checked. The biennial budget proposes we there was real arm wrestling with the There are so many frightening statis- would do our budgeting in odd-num- legislative process, I always believed I tics, but here is one: America’s per cap- bered years and our appropriating in would get about 90 to 95 percent of my ita national debt already significantly odd-numbered years and do it for a 2- budget proposals across the finish line. outpaces that of Greece or Spain. So as year period rather than a 1-year period. It was a serious proposal. There were we watch them spiral further into cri- Then, in the even-numbered year—an no gimmicks. It was a balanced budget. sis, we should be jolted into action by election year—we would do oversight of It did not borrow money to balance the the very suggestion that our debt is spending. We do not ever do any over- budget. equally as alarming. Yet we are unable sight. I say to the Senator, how do you re- to pass a basic budget resolution to get The best oversight person in the Sen- gard the President’s budget submission our spending in check. That con- ate sits to my right. His name is TOM these last years, and why isn’t it get- stitutes a lack of leadership. COBURN. He is going to be the closing ting more support in a bipartisan sort As I said, I have many colleagues act in this colloquy. He is going to of way? here today who can talk about a better show some pictures that cast a lot Mr. KYL. Mr. President, I say to my approach. I would like to start today more than 1,000 words about the dupli- colleague, first of all, I will repeat with Senator JOHNNY ISAKSON. cation of expenditures in this govern- what Senator ISAKSON said. As a Gov- Senator ISAKSON has spent his career ment, primarily because we have no ernor, you had to balance the budget. working on budget issues. oversight and we have no discipline. We You know how to do it. You understand I say to Senator ISAKSON, what is the go back at appropriations year after the importance of it. I appreciate the impact of no budget resolution for 3 year after year but never look at justi- years? Is there a better way? Is there a fying what we spent in the year before. Senator’s work on this colloquy today better way to approach the budgeting So to the Senator from Nebraska, I in that regard. process than what we are dealing with say to the people of Georgia and the I would note that my own State of now? people of the United States, I want to Arizona just concluded its work on a Mr. ISAKSON. I thank the Senator expect of myself and our government budget. It was hard. The Governor had from Nebraska for the question and for at least what is mandated upon you. I her proposals. The State legislature did his service. As a former Governor of want us to begin to be accountable for its work. It was hard slogging because the State of Nebraska, he knows full our spending and hold accountable they had to make tough decisions, but well the responsibility we have in those who spend that money. I want us they did. Just last week, they finished terms of budgets. But I will tell you to do our appropriations in a balanced the budget in the legislative session. what the impact of no budget for 3 way, in a disciplined way, and never Families have to do it, States have to years is, no discipline for 3 years. The again go 1,000 days without a budget, do it, but here in the Congress now, result of no discipline for 3 years is we never again have $10.4 trillion of spend- under the Democratic control of the spend $10.4 trillion without a budget. ing without a budget, never again look Senate, for 3 straight years there has I do not know how good you are with the American people in the eye and not been a budget. your memory, I do not know how good say: I, as your government, am not As the Senator knows, however, the I am with mine, but if I do not have a willing to do what you must do. President submits a budget each year. budget or a guidepost to go by, and I It is absolutely time we stop the re- Last year, his budget was, frankly, met am spending $10.4 trillion, I am making dundancy, start prioritizing, and start with derision from pundits, from ex- big mistakes. I am making big mis- conducting oversight. When we do that, perts, and from economists who said it takes not with my money but with the America will be better off, our fiscal was not a serious proposal. I looked up money of the people of the United policy will be better off, our debt and the number. Last year his budget was States of America. deficit will come down, and we will re- rejected 97 to 0 in the Senate. Last night I did a telephone townhall turn to those days all of us yearn for, So what about this year? Well, the back to Georgia. At one time we had a with better prosperity and absolute ac- same thing. It was not a serious effort. little over 3,200 callers on the line. countability. It was a political document. Everybody Question after question, with a very I thank the Senator from Nebraska could see it. So they put it to a vote in simple question: How can you guys op- for giving me the opportunity to ex- the House of Representatives. It was erate without a budget? Why can’t you pound on the biennial budget. defeated 414 to 0. Not a single Demo- get a budget? Why can’t you bring a Mr. JOHANNS. Mr. President, I crat voted for the President’s budget. budget to the floor. thank Senator ISAKSON. They understood it was not serious. The fact is it is because our budget Senator ISAKSON referenced my time Well, we will have an opportunity to requirements cast out 10 years of plan- as Governor of Nebraska. But I speak vote on the President’s budget again

VerDate Mar 15 2010 00:47 May 16, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.010 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3144 CONGRESSIONAL RECORD — SENATE May 15, 2012 this afternoon, and I expect the same spending. Well, the only thing manda- about budgets. They said: Do you real- fate. Why? Well, three quick points. tory about it is that it has to be spent ize how difficult it is for us to try to First of all, it accelerates our path to unless we say something different. But spend money when you send us a con- national bankruptcy. It fails to address we do not have the courage around tinuing resolution, and we do not know entitlement spending. It has a slew of here to reform our entitlement pro- about it until 10 days before it is going job-killing tax hikes. And it does noth- grams to the point that they are going to take effect, how difficult it is for us ing to effectuate even the President’s to be available for at least our kids by to try to manage in a prudent way the own deficit reduction committee plan the time they retire, and in some cases money that the Federal Government for reducing the deficit. they may not even be available for spends when we have no budgetary Just a couple of numbers: It contains some of us. guidelines? There is waste out the a whopping $1.8 trillion tax hike on in- The other thing I would want to say kazoo when you ask us to do that. dividuals, small businesses, invest- about the President’s budget is it con- So regardless of the fact that there is ment, and family-owned farms. Think tinues this glidepath to insolvency for a law that says we will pass a budget, about the job-killing nature, the wet Medicare, which the recent Trustees which has been totally ignored by the blanket that puts over our economy—a Report says has an unfunded liability majority leader, the consequences of $1.8 trillion tax hike. This comes on of $26.4 trillion. So in addition to that are tremendous. What most people top of the tax hikes that are already spending too much, taxing too much, talk about is how do we get out of the embedded in ObamaCare, which will ex- and borrowing too much, it does not do problem. What I would put forward in tract an additional $4 trillion from the anything about the biggest problem we terms of our budget, there is not a private sector by 2035 according to the have, which is the broken entitlement problem in front of our country we can- Joint Economic Committee. Even with programs that are not going to work not solve. this tax hike, the President’s budget for the people who are currently antici- What we lack is leadership to pull us would increase deficits by nearly $6.4 pating they will be there for them together as Americans to say: Here is trillion over the next decade. when they retire. the problem. Here are the solutions. Now, you stop and think: Wait. Mr. JOHANNS. Senator KYL makes Let’s find a compromise in the middle Aren’t the tax hikes supposed to be an excellent point. If I could call on my for the solution, and let’s solve our there in order to balance the budget? colleague, Senator COBURN, who, as problem. We have refused to do that. Well, you would think so. But under much as any Member of the Senate, But, most importantly, we refuse to the President’s budget, notwith- has been the watchdog when it comes look at ourselves. I have a couple of examples. The GAO standing all of the new revenue from to spending and programs that dupli- put out its second annual report—- the taxes, it increases the deficit by nearly cate each other, he has been the person first one was last year, the second an- $6.4 trillion, and it would spend a stag- who oftentimes has stood on the Sen- nual report this year—in terms of du- gering $45.4 trillion during the period ate floor alone and pointed out to ev- plicative programs. We have had of the budget, which is $1.2 trillion erybody how much waste there is in amendments on this floor fail routinely higher than the Congressional Budget the Federal Government. that said we ought to know what we Office baseline from last March. Senator COBURN has been a great are doing before we pass another bill. I know these statistics are mind bog- leader. He was on the fiscal commis- We ought to know what is already out gling, and I hate to cite them. But you sion, a member of the original Gang of there. That has been rejected by my do need to back up what you are saying 6. I would like to hear his views on the colleagues. with the actual data. That is the point. budgetary mess we find ourselves in But I am going to show charts that The President’s budget is a job killer, now. show how ridiculous we are in terms of it increases taxes, and it still never Mr. COBURN. Well, let me, first of how we are well meaning but abso- balances. all, I thank my colleague. I have a cou- lutely stupid in terms of how we ad- I would point out that under his ple of charts that are oversized. The dress problems that we perceive is the budget, while spending would reach 23.5 reason they are oversized is because we Federal Government’s role. percent of the economy this year, and cannot get it all on one chart. I would The GAO put out a list of duplica- never get below 22 percent of GDP over ask unanimous consent to display tions. I am just going to read a few of the next decade, the historical average those charts. them. I have given speeches on the is much lower: 20.8 percent of GDP. The ACTING PRESIDENT pro tem- floor on others, but there are 209 dif- So bottom line, the President’s budg- pore. Without objection, it is so or- ferent programs—209 different pro- et would lock in the fourth straight dered. grams in the Federal Government for year of deficits above $1 trillion, and Mr. COBURN. What most people do science, technology, engineering, and even though the President—and here is not realize is the Federal Government math initiatives for our educational what the President said—he promised is now twice the size it was in 2001. system. We spend $3 billion a year on to ‘‘cut the deficit in half by the end of Think about that. We are spending that. my first term. . . . ’’ twice as much money as we did in 2001. The overlap is unbelievable. Here is Well, the President’s budget would As a matter of fact, if we go back 15 the chart that shows all of the dif- never balance notwithstanding the years, our deficit this year is bigger ferent programs with all of the dif- huge tax increases. That is what is than what our entire budget was. That ferent agencies involved, all of them wrong with the President’s budget. It is how out of control the Federal Gov- overlapping, most of the money wasted is why it is not going to pass today. It ernment is. in terms of how we spend it because is why it did not pass last year. There is a political reason we are not there is no concentration, there is no Mr. JOHANNS. Very clearly this having a budget. Everybody under- coordination, and what we have is a ri- body is saying, the Senate and the stands that. Nobody is going to say diculous array—not that it is wrong to House of Representatives, when they that. The political reason no budget want to have more science, more tech- vote on the President’s budget, they was proposed and run through the Sen- nology, more engineering, and more are saying very clearly: The Presi- ate to create a conference committee math students. But we are spending all dent’s budget spends too much, it taxes with the House is because we do not the money on the bureaucracy when we too much, and it borrows too much. It want to make the hard choices in an could have five programs: one for upper does not solve any problems. election year. level, one for lower level, one for mi- I think actually that is the very Budgets for families are about mak- norities, one for disadvantaged, and clear unanimous message at this point ing hard choices, and yet here we are one for others. Here is the complex. It from these bodies. This is not a serious supposed to represent leadership in our is mind boggling how many programs budget proposal. country. We refuse to make hard we have, and there is not a metric to Mr. KYL. If I could add one other choices about the direction. measure whether any one of these is ef- item to what my colleague said, we all I had the great opportunity to speak fective. That is $3 billion a year. know the big problem is spending on with some members in the War College We could have one-tenth as many entitlements, the so-called mandatory class not long ago. We got into talking programs and spend one-half as much

VerDate Mar 15 2010 00:47 May 16, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.011 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3145 money and have more students come I would like him to offer some years, Social Security one decade out with science, technology, engineer- thoughts on what is broken and what later. Both sides should be willing to ing, and math backgrounds. But we we might do to fix this. come together to strengthen and pre- have decided to do it piecemeal and Mr. HELLER. I thank the Senator serve these programs for future genera- never do the oversight and never con- from Nebraska for yielding time and tions instead of simply ignoring the solidate. If we wanted to get out of a $1 also those from Oklahoma and Arizona problems because it is inconvenient in trillion deficit, we do it $1 billion at a for this colloquy that we are having an election year. time, not do it with $1 trillion at a today and the ability to talk about Our national debt will reach $16 tril- time. issues that, frankly, the other side will lion before the end of the year. The The other program, which is even not talk about—in fact, their con- Federal Government’s unfunded obliga- more difficult to ascertain, is in the spicuous absence today on the other tions will total some $100 trillion. Yet Department of Justice grants. Let me side is clear of the depth of their budg- there will be no budget this year, just go through those just for a second. et. like there has been no budget for the There are 253 duplicative programs in As we have heard, we have not had a past 3 years. We cannot look beyond the Department of Justice. We spend a budget for the last 3 years. So I rise the beltway and say this failure of total of $3.9 billion a year, and here is today in support of a serious debate leadership has not had tremendous im- what the GAO tells us. People who concerning the direction of our Nation. pact on the people we represent. National unemployment has reg- apply for one grant in DOJ—for one Three years have passed since Congress istered above 8 percent for the last 38 thing—turn around and apply for it adopted a binding budget resolution. In months. Nevada has led the Nation in somewhere else for exactly the same this light, I respectfully submit that unemployment for more than 2 years. thing. The Department of Justice does the American people do not believe Almost everyone I speak to in Ne- not know they just gave them two that today’s debate is serious. They vada—businesses, job creators, elected grants for exactly the same thing be- know the Senate is not going to adopt officials, and families—speaks of the cause there are so many different grant a budget; once again it will ignore one uncertainty that has characterized programs and nobody is watching the of the most basic and important jobs of their lives in this economy. store. Congress. What the Senate is doing this week We are not moving forward as a Na- So the point is nobody would run tion, and it is no surprise to these no- their household this way. No business could be considered political comedy if the stakes were not so high. In fact, nonsense folks. They know from every- would operate this way. States that are day life in their businesses and in their successful do not operate this way. The the fact is this is not a serious discus- sion. households that you cannot move for- reason we do this is because we do not ward without a plan. When Americans have a budget and we do not have any In May of last year, the majority leader stated: There is no need to have look to Washington, they see no mean- oversight and we are not minding the ingful proposal, no viable plan, and no store. The way to change what is com- a Democratic budget, in my opinion. It would be foolish for us to do a budget progress. ing for our country is to start doing ev- There are those who claim the Budg- at this stage. As early as February of erything that is necessary to address et Control Act is a budget, and I this year, it was stated by the majority the problem. strongly disagree. This bill does not es- leader that there is no need to bring a And the problem is this: We are tablish priorities or a path forward for budget to the Senate floor this year. spending money we do not have on our Nation as a real budget should. It If that is the case, this week’s debate things we do not need, and nobody in does not provide certainty, nor does it is nothing more than a political side- Congress wants to do the hard work of address many of the pressing fiscal show, and the American people are ferreting out what works and what problems we have today. If the Budget tired of it. Ever wonder why the ap- does not and making the hard choices Control Act were truly a budget, there proval rating of Congress is so low? because every one of these programs would be no need for this discussion They hate Washington because it has a constituency. today. It is past time for Congress to spends its time on stunts like this in- So the parochialism and the con- hold itself accountable. stead of working together for the good That is why I have advocated my No stituency and short-term thinking we of the country; pushing votes for cam- are now bound up in keeps us from sav- Budget, No Pay Act for nearly a year. paign press releases instead of solving My legislation calls on the House and ing ourselves. Last quote, and I will problems. finish with this: John Adams said, Senate to pass a concurrent budget res- The bottom line is if Congress does olution and the regular appropriations ‘‘There has yet to be a democracy that not do its job, then its Members should did not murder itself.’’ We are on that bills before the beginning of each fiscal not get paid. That is exactly what I year. Failure to do so would result in way if we do not change direction. It is have proposed with the No Budget, No not a Democrat-Republican problem. It the loss of pay until we take our jobs Pay Act. The American people know in seriously and make these bills our leg- is all our problem. It will not matter an election year too many of their rep- what our political persuasion is when islative priority. resentatives in Washington are afraid The Congressional Budget Act of 1974 we face the very difficult coming times of the tough choices that would help already requires Congress to pass a if we do not respond with a cogent get our Nation on a path of fiscal san- budget by April 15. My bill creates an budget for this country. ity. enforcement mechanism to further en- Mr. JOHANNS. I thank the Senator. Most of the people watching the so- courage Members of Congress to do We look at those charts and reach the called budget debate will witness ex- their constitutional duty. conclusion, inescapably, if we do not actly what they have come to expect I have spoken on this floor previously start doing oversight and start figuring from Washington: the Republicans about No Budget, No Pay, but I believe this out, we are not going to solve this blaming Democrats, Democrats blam- now is the time to consider whether we problem. My colleague’s reputation as ing Republicans. At the end of the day, are willing to make this promise to our a watchdog of the Federal Government all we will have accomplished is filling constituents. I believe it is more im- is well earned. another page in the CONGRESSIONAL portant now than ever because the Let me now turn to my colleague, RECORD. American people are increasingly los- Senator HELLER. Senator HELLER Unfortunately, Americans will face ing confidence in Congress and its abil- brings great experience. He might be the same fiscal disasters they did be- ity to deliver solutions. the newest Member of the Senate—I fore this debate. Unless we change No Budget, No Pay is not a silver- think he is—but he has great experi- course, Federal spending per household bullet solution to our Nation’s fiscal ence on the House side. He has seen is projected to rise to $34,602 by the challenges, but it would indicate that how the budget process works there. He year 2022, a 15-percent increase in one we are hearing the concerns of the now has some experience on the Senate decade. American people and are willing to par- side. The Senator sees the lack of a The government’s own actuaries tell ticipate in the dialog necessary to get budget process. us Medicare is going bankrupt in 10 our country moving again.

VerDate Mar 15 2010 00:55 May 16, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.013 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3146 CONGRESSIONAL RECORD — SENATE May 15, 2012 I am pleased that 10 of my Senate (b) TERMINATION OF AUTHORITY.—Notwith- Solyndras, we should end the practice colleagues have cosponsored this im- standing any other provision of this Act or immediately. portant effort, and others have ex- any other provision of law, on and after June Some have suggested that the Ex-Im pressed support for No Budget, No Pay 1, 2013— Bank is good for businesses. What is (1) the Export-Import Bank of the United best for American businesses is getting on the Senate floor. I am especially States may not enter into any new agree- grateful to Senators LIEBERMAN and ment for the provision of a loan, a loan guar- the Federal Government out of their COLLINS for holding a hearing to dis- antee, or insurance, the extension of credit, way, letting them operate without bur- cuss No Budget, No Pay as a meaning- or any other form of financing; densome government regulations and ful proposal that would help hold Con- (2) the Bank shall continue to operate only without a complex tax system. gress accountable to the American peo- to the extent necessary to fulfill the obliga- Having the government pick winners ple. This bipartisan bicameral proposal tions of the Bank pursuant to agreements and losers does not make industries is worthy of the Senate’s time if we are described in paragraph (1) entered into be- stronger, it makes them more depend- fore June 1, 2013; and serious about regaining the trust of the ent on subsidies. When government is (3) the President of the Bank shall take picking who wins, the loser is always American people whom we are sup- such measures as are necessary to wind up posed to be representing. the affairs of the Bank, including by reduc- the taxpayer. My colleagues, our Nation can lit- ing the operations of the Bank and the num- We have an opportunity today to re- erally no longer afford to survive on ber of employees of the Bank as the number verse the status quo and defend the sound bites and press releases about of remaining agreements described in para- American taxpayer. My amendment the importance of budgeting. We need graph (1) decreases. winds down the Ex-Im Bank. I urge my (c) REPEAL OF EXPORT-IMPORT BANK ACT OF colleagues to support amendment No. to engage in the serious business of 1945.—Notwithstanding any other provision budgeting for our Nation’s future. That 2100. of this Act or any other provision of law, ef- I yield the floor and suggest the ab- work should start today. Sadly, I sim- fective on the date on which the Export-Im- sence of a quorum. ply don’t believe we will make the port Bank of the United States has fulfilled The PRESIDING OFFICER. The tough choices necessary until Members all outstanding obligations of the Bank pur- suant to agreements described in subsection clerk will call the roll. of Congress have more skin in the The assistant legislative clerk pro- game. I will continue calling for the (b)(1) entered into before June 1, 2013, the Ex- port-Import Bank Act of 1945 (12 U.S.C. 635 et ceeded to call the roll. adoption of the No Budget, No Pay Act. seq.) is repealed. Ms. CANTWELL. Mr. President, I ask The PRESIDING OFFICER (Mr. SEC. ll. NEGOTIATIONS TO END EXPORT CRED- unanimous consent that the order for MANCHIN). The Republican time has ex- IT FINANCING. the quorum call be rescinded. pired. (a) IN GENERAL.—The President shall ini- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under tiate and pursue negotiations with other objection, it is so ordered. the previous order, the Senate agrees major exporting countries, including mem- Ms. CANTWELL. Mr. President, I to the motion to proceed to H.R. 2072, bers of the Organisation for Economic Co-op- rise today to urge my colleagues in the which the clerk will report. eration and Development and countries that are not members of that Organisation, to end Senate to pass the Export-Import Bank The assistant legislative clerk read subsidized export financing programs and legislation now before us. This debate as follows: other forms of export subsidies. this morning is about jobs, it is about A bill (H.R. 2072) to reauthorize the Ex- (b) REPORT REQUIRED.—Not later than 180 manufacturing jobs, and it is about port-Import Bank of the United States, and days after the date of the enactment of this U.S. manufacturing jobs. That is be- for other purposes. Act, and annually thereafter, the President cause this bank is one of the most pow- The PRESIDING OFFICER. Under shall submit to the Committee on Banking, erful tools we have for manufacturing Housing, and Urban Affairs of the Senate and the previous order, there will be 2 the Committee on Financial Services of the jobs in America. hours of debate equally divided be- House of Representatives a report on the This is a debate about whether the tween the two leaders or their des- progress of the negotiations described in sub- Members in this Chamber believe ac- ignees. section (a) until the President certifies in cess to financing is a key tool for U.S. The Senator from Utah is recognized. writing to those committees that all coun- companies to compete on an inter- AMENDMENT NO. 2100 tries that support subsidized export financ- national basis when they are trying to Mr. LEE. Mr. President, I ask unani- ing programs have agreed to end the support. get U.S. manufactured products sold mous consent that we move to amend- Mr. LEE. Mr. President, it is time overseas. In fiscal year 2011 alone, the ment No. 2100 to H.R. 2072. that we wind down the Export-Import bank supported nearly 290,000 export- The PRESIDING OFFICER. Without Bank. My amendment, No. 2100, would created jobs in America. Those are the objection, it is so ordered. do precisely that. The American people jobs that are going to be threatened if The clerk will report. cannot be the world’s financial back- the Senate does not act. The assistant legislative clerk read stop. The government should not be This authority expires on May 31. as follows: picking winners and losers. Businesses That is right, 16 days from now. And The Senator from Utah [Mr. LEE] proposes in Utah and across the country are not between now and then, the House is in an amendment numbered 2100. receiving government help and are session for only 5 days, so we can’t af- Mr. LEE. Mr. President, I ask unani- shutting their doors after decades of ford to take this to the brink one more mous consent that reading of the serving their communities. We should time with amendments passed by the amendment be dispensed with. not, through this government, be add- Senate that are gutting amendments. The PRESIDING OFFICER. Without ing insult to injury by using the tax These five amendments that will be objection, it is so ordered. money they contributed to prop up considered would basically lapse the The amendment is as follows: companies overseas. bank’s authority and this would put We need to end the corporate welfare (Purpose: To phase out the authority of the into the debate more uncertainty Export-Import Bank of the United States that distorts the market and feeds about our economy. and to require the President to initiate ne- crony capitalism. The corporations We need to act now to renew the gotiations with other major exporting that largely benefit from the Ex-Im bank’s charter, and businesses can’t countries to end subsidized export financ- Bank should have no trouble mar- wait. They need the planning and cer- ing programs) shaling their resources to compete in tainty to hire more people. Failing to At the appropriate place, insert the fol- today’s economy. If they are strug- act will stifle U.S. economic oppor- lowing: gling, then they are most likely not de- tunity. That is why nearly two dozen SEC. ll. TERMINATION OF EXPORT-IMPORT serving of taxpayer help; and if they Governors, Democrats and Republicans BANK OF THE UNITED STATES. are turning billions in profit, then they alike, have urged the bank’s extension, (a) ONE-YEAR EXTENSION OF AUTHORITY.— clearly do not need taxpayer-subsidized and so has the Chamber of Commerce, Notwithstanding any other provision of this Act or any other provision of law, the au- loans. the National Association of Manufac- thority of the Export-Import Bank of the Further, government subsidies breed turers, and the Small Business Associa- United States under section 7 of the Export- undue favoritism from government bu- tion. Import Bank Act of 1945 (12 U.S.C. 635f) ter- reaucrats who control where the Mr. President, I ask unanimous con- minates on May 31, 2013. money goes. Unless we want more sent to have printed in the RECORD a

VerDate Mar 15 2010 00:55 May 16, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.015 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3147 chart reflecting the jobs supported in winning in a global situation by get- Some of my colleagues have pre- each State by Ex-Im financing so that ting our products sold. It has been in- viously raised concerns about the Members, if they wish to, can come and credibly helpful to our economy, with bank’s transparency and oversight, and look at both the revenue that was gen- zero cost to the taxpayers, and, in fact, these concerns have been heard and ad- erated and the jobs that were sup- the nonpartisan Congressional Budget dressed in this legislation. I wish to ported. Office concluded a 4-year reauthoriza- talk about the five ways this new com- There being no objection, the mate- tion of the bank would reduce the def- promise bill addresses those concerns. rial was ordered to be printed in the icit by up to $900 million over 5 years. There is more oversight. Under the RECORD, as follows: So the bank works for businesses and it amended bill, we would have a quar- works for U.S. taxpayers. terly report on its default rate, and the JOBS SUPPORTED THROUGH EX-IM FINANCING BY STATE, There is a compromise that is before first of these reports would be due Sep- FY2011 us. I know it may not be the com- tember of this year. The bank has his- Jobs Sup- promise that I or the Senator from torically maintained a low default rate State Export Value 1 ported 2 South Carolina—who I see is on the of less than 2 percent, but under this Alabama ...... $72,192,614 523 floor—would have written into the leg- provision, if the default rate reaches 2 Alaska ...... $3,793,545 28 islation, but nonetheless it is a com- percent or higher, the bank will have Arizona ...... $170,943,313 1,239 Arkansas ...... $108,584,180 787 promise and it is time to act. The rea- to develop a plan to fix the problem California ...... $3,468,983,437 25,150 son I say that is because so many and report to Congress within 1 month. Colorado ...... $150,993,779 1,095 Connecticut ...... $345,097,326 2,502 States also are counting on the Export- If the default rate stays above 2 per- Delaware ...... $33,517,187 243 Import Bank, just as Washington State cent for more than 6 months, they will District of Columbia ...... $222,874,472 1,616 Florida ...... $1,054,197,361 7,643 is. be subject to a review of an inde- Georgia ...... $487,633,648 3,535 Pennsylvania, for example, has over Hawaii ...... $201,600 1 pendent auditor. Idaho ...... $12,843,584 93 $1.4 billion in exports and 9,800 jobs re- These are very viable and important Illinois ...... $2,322,581,920 16,839 lated to the Export-Import Bank; Mas- Indiana ...... $248,668,941 1,803 additions to the legislation. Not only Iowa ...... $42,914,160 311 sachusetts, with $566 million. This is would the auditor be there to help fix Kansas ...... $779,197,432 5,649 from the annual report of the Ex-Im Kentucky ...... $38,186,699 277 what was going on, he would have the Louisiana ...... $209,979,110 1,522 Bank in 2011. So they had $566 million oversight for anything that was in- Maine ...... $20,673,669 150 of economic revenue generated in Mas- Maryland ...... $220,489,400 1,599 volved with the bank they needed to Massachusetts ...... $565,960,139 4,103 sachusetts and over 4,000 jobs. Why? report on. So there is less risk. Michigan ...... $320,510,673 2,324 Because we helped Massachusetts ex- Minnesota ...... $299,186,062 2,169 The second change to the underlying Mississippi ...... $25,040,065 182 porters get access to capital so they bill is the Government Accountability Missouri ...... $414,499,691 3,005 could sell their products overseas and Montana ...... $2,304,000 17 Office must study and report back to Nebraska ...... $57,942,908 420 win in the international marketplace. the bank safeguards that prevent it Nevada ...... $31,910,400 231 Texas, another example, with $4.9 bil- New Hampshire ...... $39,842,746 289 from taking loans that are too risky. New Jersey ...... $360,580,503 2,614 lion in exports, and 35,274 jobs. Again, since the bank has had a his- New Mexico ...... $5,055,359 37 These are jobs America needs. This is New York ...... $804,093,389 5,830 torically low default rate, we are happy a global economy in which America North Carolina ...... $456,429,400 3,309 to add this language, but it is another North Dakota ...... $18,708,353 136 needs to be able to compete, and get- Ohio ...... $398,413,384 2,888 layer of protection on something that ting access to capital so that products Oklahoma ...... $235,300,682 1,706 is performing and performing well. But Oregon ...... $213,921,302 1,551 can be sold is a critically important Pennsylvania ...... $1,353,113,343 9,810 as I say, we are happy to add that to Puerto Rico ...... $10,555,200 77 issue. the legislation. Rhode Island ...... $11,877,600 86 Florida, another great example of the South Carolina ...... $158,092,961 1,146 More public input. The bank will South Dakota ...... $13,468,905 98 support of the Ex-Im Bank, had $1.1 bil- Tennessee ...... $126,161,932 915 lion in exports and over 7,643 jobs. So have to open a public comment period Texas ...... $4,865,359,960 35,274 for transactions greater than $100 mil- Utah ...... $50,424,234 366 that State has been another big win- Vermont ...... $14,406,062 104 ner; the State of North Carolina, $456 lion and it will have to notify Congress Virginia ...... $349,933,601 2,537 about these transactions so there is Washington ...... $11,469,897,102 83,157 million in exports and 3,309 jobs; and West Virginia ...... $5,712,000 41 more transparency on what some con- Wisconsin ...... $645,545,956 4,680 Ohio, another example of manufactur- Wyoming ...... $1,512,000 11 ers and businesses, with $398 million in sider the bigger financial loans in which the bank is involved. Subtotal by State ...... $33,340,307,290 241,717 exports and 2,888 jobs. While there are many people who Fourth, we have added more account- Not Allocated by State 3 ...... $6,307,692,710 45,731 would like to say this program should ability. There is an annual report TOTAL ...... $39,648,000,000 287,448 be discontinued—and I am sure some of where the bank has to justify the need of every transaction—every trans- 1 Export value has been adjusted for inflation. my colleagues are not in favor of it be- 2 Figure based on analysis completed for FY2011 Annual Report, which cause there are many programs they action. That way the public will know used formula of 7,250 jobs supported by $1 billion in export value. 3 Programs such as short-term multi-buyer insurance in which exporter wish to get rid of—I would say this is a if the bank has acted because a private not identified at time of authorization. program that is good for the U.S. tax- lender would not have or if it acted in Ms. CANTWELL. Mr. President, the payers. The Ex-Im Bank has generated response to foreign export credit agen- default rate on the bank is consistently $3.7 billion for U.S. taxpayers since cies. less than 2 percent lower than most 2005. And then fifth, the Treasury must en- commercial lending. I am sure we will Again, what is this debate about? The gage nations in discussions about the hear a lot about that during the debate underlying amendments my colleagues need for export financing worldwide. I today. But since 2005, the Export-Im- are offering are trying to gut the Ex- know some of my colleagues on the port Bank has returned $3.7 billion to Im Bank. They simply don’t like it, other side of the aisle would hope the the U.S. Treasury, above and beyond and they want to get rid of it or say it President would end all export financ- the cost of operation. So, yes, my col- is not a viable tool. I guess because one ing and leave that discussion at the leagues, this is actually something in four jobs in Washington State is World Trade Organization. But I would that is making money for the Federal based on trade, I know how critically ask my colleagues, what is the dif- Government. Not only is it helping important it is. Whether we are talking ference between this and the Small U.S. manufacturers sell their products about agricultural products or selling Business Administration that provides overseas—financing in a way I think is airplanes or selling music stands, as an opportunity, a bridging of capital equivalent to what the Small Business one company we saw, or selling grain between small businesses and the op- Administration does; helping to pro- silos, companies need to be able to portunities to join with private financ- vide a certain level of financing that compete in the international market- ing to make deals happen. makes deals come through—I think it place and they need to be able to get As I said earlier, I live in a State is why we find banks are supportive. sales for their products. This has been where we know how beneficial export The money comes back into U.S. tax- a very viable and important tool for markets are to our products—whether payers’ pockets and it supports our them. we are speaking of cherries or apples or

VerDate Mar 15 2010 02:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.024 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3148 CONGRESSIONAL RECORD — SENATE May 15, 2012 airplanes or a variety of new tech- Mr. CORKER. I ask unanimous con- ratio of the capital of the Export-Import nologies—and these products are win- sent to dispense with the reading of the Bank of the United States to the total out- ning the day in the international mar- amendment. standing principal balance of all loans made ketplace. They are also creating jobs. The PRESIDING OFFICER. Without or guaranteed by the Bank. SEC. 27. EFFECTIVE DATE. So for my colleagues on the other side objection, it is so ordered. Except as provided in section 9(b), this Act of the aisle who wish to end this pro- The amendment is as follows: and the amendments made by this Act shall gram or say it ought to be ended on an (Purpose: To require the Export-Import take effect on the earlier of June 1, 2012, or international basis, we are happy to Bank of the United States to provide fi- the date of the enactment of this Act. hear what the world community wants nancing only for transactions subsidized by Mr. CORKER. Mr. President, I will be to debate and discuss on this basis, but export credit agencies of other countries or very brief. Again, this amendment is for which private sector financing is un- I would ask why, in the moment of cri- very simple and it does two things I sis in our financial institutions, when available or prohibitively expensive and to require the Bank to maintain a ratio of would think the Senator from Wash- one of the supposedly most risk-averse capital to the outstanding principal bal- ington especially would support, after institutions can’t figure out why it lost ance of loans and loan guarantees of not all we have gone through, and espe- $2 billion, would we want small busi- less than 10 percent) cially after her alluding to some of the nesses across America to pay the price Strike section 25 and insert the following: most recent developments in the finan- for the fact they can’t get financing of SEC. 25. LIMITATION ON FINANCING BY THE EX- cial system. I hope this amendment their products sold in an international PORT-IMPORT BANK OF THE UNITED will receive broad support in this body. marketplace? We have to wake up and STATES TO TRANSACTIONS SUB- The Ex-Im Bank is set up to finance SIDIZED BY OTHER COUNTRIES OR understand this is about helping small FOR WHICH PRIVATE SECTOR FI- transactions that cannot be financed in businesses and helping them win the NANCING IS UNAVAILABLE OR PRO- the private sector. That is the purpose day for products that are created in the HIBITIVELY EXPENSIVE. for its existence. So, No. 1, what this United States—created in the United (a) IN GENERAL.—Notwithstanding any pro- amendment will do is to cause the Ex- vision of the Export-Import Bank Act of 1945 States and sold abroad. Im Bank to certify there is no private This compromise legislation that is (12 U.S.C. 635 et seq.) or any other provision of law, the Export-Import Bank of the sector financing—or at least no private offered today is the best path forward. sector financing at a reasonable cost— These amendments are an attempt to United States may not provide any financing (including any guarantee, insurance, or ex- before any loan goes through the Ex-Im gut the underlying bill and to stop the tension of credit, or participation in any ex- Bank. authorization of the bank and have it tension of credit) for the exportation of any The second piece I think is very im- curtailed. As I said, we only have about article unless the Bank certifies to Congress portant. The way the Ex-Im Bank is 5 legislative days, given the House’s in writing that— set up right now, there are no capital schedule, to get this done. Some of my (1) an export credit agency of a foreign requirements. The Senator from Wash- country is providing financing for the expor- colleagues want to tell all those busi- ington was just talking about some- nesses I mentioned in all those tation of a substantially similar article from that country; or thing that happened at JPMorgan. For- States—Ohio, Pennsylvania, Florida, tunately, we have put in place since and others—that we don’t know any- (2) private sector financing for the expor- tation of the article is not available or is the financial crisis very strong capital more whether this program exists and prohibitively expensive. requirements at our financial institu- so let’s actually stop the funding and (b) ADDITIONAL INFORMATION REQUIRED.—If tions, and what that has done is to lose jobs. the Export-Import Bank of the United States make them healthy and to cause them I know there are people in my certifies under subsection (a)(2) that private to be able to withstand things that State—such as Lawrence Stone from sector financing for the exportation of an ar- may happen as relates to default rates SCAFCO or Bill Perdue from Sonico— ticle is not available or is prohibitively ex- pensive, the Bank shall also include in the or other failures. who gave me the message the Amer- The Ex-Im Bank, believe it or not, is ican people want us to focus on cre- certification the following: set up to finance things that no other ating jobs and supporting businesses. (1) An explanation of why private sector fi- nancing is not available or is prohibitively bank will finance, and yet it has no They want a program like this to con- expensive. capital requirements other than having tinue and they want the jobs it creates (2) An explanation of how financing by the to maintain $1 billion. So they are able for their communities. Bank for the exportation of the article does I thank the Chair, and I yield the to loan, per this new legislation, $140 not put the United States at a substantial billion but they only have to have $1 floor. risk of loss. The PRESIDING OFFICER. The Sen- (3) If private sector financing is available billion in capital reserves, which ator from South Carolina. but prohibitively expensive, an assessment of means you are creating with this Mr. GRAHAM. Mr. President, I will the difference between the cost of private mechanism 140-to-1 leverage ratios. gladly yield and let Senator CORKER go sector financing and the cost of financing What we have gone through with our ahead of me—I understand the Senator provided by the Bank. entire financial system is a process to (c) REPORT ON REGULATORY BARRIERS.—For make sure we have adequate capital. has an amendment to offer—with the any transaction relating to the exportation understanding I be allowed to speak for What our amendment does is to require of an article financed by the Export-Import that the Ex-Im Bank adhere to the nor- 5 minutes after he is done. Bank of the United States after certifying The PRESIDING OFFICER. Without under subsection (a)(2) that private sector fi- mal sound financial practices we want objection, it is so ordered. nancing is unavailable, the Secretary of the our financial institutions across our The Senator from Tennessee. Treasury shall submit to Congress a report country to adhere to by establishing a AMENDMENT NO. 2102 that— 10-percent capital base. Mr. CORKER. I thank the Senator (1) assesses the extent to which private Again, I think this is a very from South Carolina and certainly the sector financing is unavailable as a result of goodgovernment amendment. We don’t Senator from Washington State. I want excessive regulation of domestic financial in- want to see the same happen with Ex- stitutions by the Federal Government or the to say I put my credentials for sup- Im Bank that we have seen happen obligations of the United States under inter- with Fannie, with Freddie, with so porting exports up against anybody national agreements relating to risk man- here, and I think the purpose of our agement by financial institutions; and many of our institutions in this coun- being in this body is to try to create (2) makes recommendations for elimi- try that did not have proper capital re- good policies. nating the barriers to private sector financ- serves. I have an amendment I wish to call ing identified under paragraph (1). I urge strong support for this amend- up. It is amendment No. 2102, which is SEC. 26. CAPITAL RATIO REQUIREMENT FOR THE ment which will make the Ex-Im Bank at the desk. EXPORT-IMPORT BANK OF THE something that ensures—or hopefully The PRESIDING OFFICER. The UNITED STATES. helps ensure—that our U.S. taxpayers (a) IN GENERAL.—Notwithstanding any are never in a situation where we have clerk will report the amendment. other provision of law, the Export-Import The assistant legislative clerk read Bank of the United States shall maintain a to come to the aid of this institution as follows: capital ratio of not less than 10 percent. because it hasn’t reserved properly, it The Senator from Tennessee [Mr. CORKER] (b) CAPITAL RATIO DEFINED.—In this sec- doesn’t have the proper capital stand- proposes an amendment numbered 2102. tion, the term ‘‘capital ratio’’ means the ards in place, that I think people in

VerDate Mar 15 2010 00:55 May 16, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.025 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3149 this body on both sides of the aisle available in their countries. This is gether, I am going to allow this bank have overwhelmingly supported for the what American businesses are com- to stay in business because it makes private sector. peting against. money, it doesn’t lose money. There is I would hate to see us be in a situa- Our good friend up North, Canada, is a difference between leading the world tion where we want to create some- one-tenth our size. The Canadian Ex- and putting your companies at risk in thing in government that risks tax- Im Bank did $100 billion worth of fi- a world based on reality, and the re- payers’ money, when we have just gone nancing for Canadian-made products ality is that export-import financing through a process of understanding last year, compared to $32 billion in by our competitive nations is growing, that it is very important for the finan- support of American manufacturers. it is not being reduced. cial institutions of our country to have The only area of our economy that This bill that passed the House was appropriate capital standards. Here we has been strong lately is exports. So 330 votes. We live in a time in Congress are getting ready to pass legislation on imagine this: America does away with where you can hardly declare Sunday this floor which, I am sorry, has almost the Export-Import Bank. All of the as a holiday, but 330 Members of the no capital standards in place because countries I just described have their House voted to extend this bank for 3 you only have to have $1 billion—that banks available to their manufactur- years with reforms. Count me in the re- is all—at the Ex-Im Bank, $1 billion ers. Boeing makes planes in Wash- form camp. against a $140 billion loan base. I think ington and in South Carolina. Eight Some people say this bank has kind anybody here thinking about this un- out of ten planes being manufactured of gotten out of its lane and is making derstands those standards are not near- in Charleston, SC, by Boeing, the 787s, loans that are not traditionally export- ly appropriate, and I hope this amend- are sold based on export-import financ- import loans. I agree with that. Some ment will receive overwhelming sup- ing, 8 out of 10. That is why they need- say the bank is not transparent port. ed a second line of production. They enough. I agree with that. The bottom It is my sense that if we pass this, are competing against Airbus. France line is it has been reformed; not as the House would easily pass this. Con- has three Export-Import Banks. Chi- much as some would wish, but it defi- trary to what the Senator from Wash- na’s Export-Import Bank is larger than nitely has been reformed. ington was saying, I think this would those of the United States, Germany, Sixty-two percent of the Republican make the legislation better and, my Canada, and Britain combined. Conference in the House voted to reau- sense is, receive overwhelming support It is one thing to do reform; it is an- thorize this, so I want to acknowledge in the House if added to it. other to unilaterally surrender. It is Representative CANTOR, Representative I yield the floor, and I thank the Sen- one thing to lead the world; it is an- HOYER, TIM SCOTT, and my delegation, ator from South Carolina for his tre- other to put the people who make prod- who have tried to bring about reform. mendous courtesy. ucts in America at risk unnecessarily. At the end of the day, the Senate now The PRESIDING OFFICER. The Sen- The legislation in the House did com- is receiving a product that went ator from South Carolina. pel the President, the Department of through the House, a lot of giving and Mr. GRAHAM. Mr. President, I rise Commerce, and Treasury to try to get taking. They produced a compromise, in support of the compromise that was these Export-Import Banks wound as Senator CANTWELL said, that would outlined by Senator CANTWELL. down over time. If we could do that, be different than I would have written, Basically, 6 years ago the Congress of great, because I think the American but it truly is reform. It allows a 3- the United States by voice vote reau- workers and the American companies year extension of the bank at $140 bil- thorized the Export-Import Bank. If can compete anywhere in the world on lion with reforms that are, quite frank- you are in business, like Boeing and a level playing field. At the end of the ly, I think common sense, and 62 per- GE, and thousands of other companies day, this is about whether we are going cent of the House Republicans sup- out there that are making products in to unilaterally surrender. We are weeks ported this. The tea party was split. the United States and selling them away. At the end of the day we have a deci- overseas, the idea that the Congress Senator CORKER has a good amend- sion to make as a Senate: Are we going would, by voice vote, reauthorize the ment, a decent amendment, but it to allow this bank to fail, or are we bank had to make you believe that this doesn’t quite get us to where we need going to allow the bank to stay in busi- model of doing business would be made to be at this late hour. One part of this ness under a new way of doing busi- available to you. Here we are, later amendment is that you can’t make a ness? I think it would be a travesty and down the road, a lot of concern about loan under the Export-Import Bank a detrimental event to the economy of the bank, and some people actually until the company proves that the this country if this bank were to go out want to do away with it. other countries in question are not of- of business and the banks of everybody I understand free markets pretty fering loans in that area. That is pret- we compete with are doubling in size. If well, and I would love to live in a world ty hard to do when countries such as you want to grow the footprint in where no country interfered in the China are not very transparent. America of selling products made in marketplace at all and the best prod- This amendment is billed as good America overseas, this bank has a ucts would win based on a level playing government, and I know his motiva- niche. Where you cannot find tradi- field. But why do we have the Export- tions are sound. He is not ideologically tional financing, this bank allows Import Bank? It is about 70 years old. against the bank. But at this late hour, American products to be sold, and I There is a long record here. Products it will bring the legislation down. And, think it is a very sound business prac- made in America and sold overseas— quite frankly, the second prong of what tice. The bank is making money. sometimes because of the volatile na- he is proposing I think is a real burden The bank has been around for 70 ture of the region in question tradi- to put on American businesses at a years and there are no subprime mort- tional banks won’t lend money. What time when it is hard enough already to gages here. This is about selling Amer- happened is about 70 years ago we cre- create jobs in America. ican products to a willing buyer over- ated a bank to help us export products, To those who want to end the bank seas where you can’t find traditional fi- and that bank, the Export-Import without other countries doing so, I nancing. Our friends in China—some- Bank, as Senator CANTWELL said, think you would be doing a great dis- times they are not our friends; they makes money, doesn’t lose money, and service to people in this country who manipulate their currency, they steal it has been a sound way to get Amer- are selling products overseas. In my intellectual property—their bank is ican-made products into the inter- State alone, you would be destroying going like gangbusters. The last thing national marketplace. the ability of Boeing Company to grow I am going to do with my vote is take Here is the reality: Canada, France, in South Carolina. GE makes gas tur- American companies that are strug- Germany, Italy, Japan, Britain, Brazil, bines in Greenville, SC. One-third of gling to make it, creating jobs in China, and India all have export banks those turbines made in Greenville are America through selling products over- of their own. The G–7 countries we sold through ex-im financing. If you seas, and put them at a disadvantage competed against between 2006 and 2010 can get the other parts of the world to against the Chinese or any other coun- doubled the amount of ex-im financing do this, count me in. Until we do it to- try that is doing business. We will wind

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This is a request by Boeing, and fects. such a requirement. many other small businesses such as The Corker amendment basically is I know my colleague Senator LEE Mount Vernon Mills, to keep the pro- calling for a 10-percent capital ratio re- was here earlier. The Lee amendment gram around. quirement. It is not based on any fact basically would out-and-out defund the I will end where I started. Six years or reason. The bank has had a default Export-Import financing program. I get ago, those people in the manufacturing rate of less than 2 percent—1.5 percent. that some of my colleagues on the community had the bank reauthorized So raising the reserve ratio would have other side of the aisle believe we by voice vote. They set up a business a very adverse effect on the bank itself, should not have this program. I think model assuming the bank was going to and it would quadruple the reserves it has been a very important tool for be around, because nobody even ob- and basically cause problems with the U.S. companies to win in their sales of jected to it enough to get a rollcall. Six bank and how it is leveraged. U.S. products overseas and, as I said, years later, we can’t make wild, radical If this is an issue about reform, there creates thousands of jobs. I do not changes. We have made reforms. But are many reforms in the underlying think the amendment of Senator LEE, the worst thing we can do is to have bill. To the provision that would say which would basically abolish the bank told the community 6 years ago by you would have to verify, if you are an as of September 30, 2013, is a good way voice vote this bank will be in place individual business, that you can’t get to go. and 6 years later do away with it when financing, I have read the Senator’s I yield the floor. no one else is doing away with their amendment. I am not sure how you The PRESIDING OFFICER (Mr. banks. That makes no sense to me. would prove that. It is not clear from TESTER). The Senator from Louisiana. That is not good government. That, to the legislation. Does that mean you AMENDMENT NO. 2103 me, is unilateral surrender. I didn’t would have to survey every time the Mr. VITTER. Mr. President, I now want to unilaterally disarm when we ex-im program was implemented for a call up Vitter amendment No. 2103, were competing against the Soviets in business? which is at the desk. the Cold War, and I sure as heck don’t Let’s say SCAFCO in Spokane, WA, The PRESIDING OFFICER. The want to unilaterally disarm in a world which is a grain silo producer that is clerk will report. economy very much interconnected. selling silos in many different parts of The bill clerk read as follows: These amendments, most of them, the world—every time they wanted to are designed to wind down the bank. The Senator from Louisiana [Mr. VITTER] get financing for one of those silos, proposes an amendment numbered 2103. They are ideologically driven. Senator what would they do? Would they peti- Mr. VITTER. I ask unanimous con- CORKER is trying to make it better, but tion five banks in a region? Would they there is a component of his amendment sent that the reading of the amend- petition 100 banks in a region? I want that I think would make it very dif- ment be dispensed with. people to understand what that com- ficult for our companies to get a loan. The PRESIDING OFFICER. Without petition is like. objection, it is so ordered. At the end of the day, we need to vote Let’s pretend that SCAFCO, as I said, these amendments down and pass the The amendment is as follows: which makes large grain elevators and (Purpose: To clarify the requirement that House product. is selling products all over the world To the Members of the House, Repub- the Export-Import Bank of the United and is one of the world leaders, and we licans and Democrats, you worked this States not make or guarantee loans that have an Ex-Im Bank requirement that are subordinate to other loans, to restrict out among yourselves in a way that I says they have to prove there is no fi- financing of certain fossil fuel projects in think the Senate should embrace and foreign countries, and to prohibit financing endorse. nancing available, and they are selling a lot of product in South America, in of renewable energy products manufac- And to Senator REID and Senator tured in foreign countries) Africa, in Asia. Now somebody else MCCONNELL, we are allowing votes on Strike section 8 and insert the following: an important piece of legislation. The says, You know what. I can get financ- ing for the product out of Russia or I SEC. 8. NONSUBORDINATION REQUIREMENT. Senate is operating in the best tradi- Section 2 of the Export-Import Bank Act of tions of the Senate; people have their can get financing for the product out of 1945 (12 U.S.C. 635), as amended by section 7 say, people get to vote. China and I don’t have that same re- of this Act, is further amended by adding at Here is my say: Bring your amend- quirement, so I am not going to buy the end the following: ments to the floor. I respect your ideo- from you, I am going to buy from ‘‘(j) NONSUBORDINATION REQUIREMENT.— logical position. I respect the idea of them. Notwithstanding any other provision of law, the free markets and where we want to That is what you are doing. You are the Bank shall not make or guarantee a loan go. But I am asking my colleagues not basically hamstringing American com- that is subordinate to any other loan.’’. petitors in an international market- SEC. 8A. PROHIBITION ON FINANCING OF FOSSIL to put American businesses at risk at a FUEL PROJECTS IN FOREIGN COUN- time when our economy is on its knees. place by not allowing them the financ- TRIES THAT ARE SUBSTANTIALLY Do not destroy this bank at a time ing tools. Of course the bank has to SIMILAR TO CERTAIN FOSSIL FUEL when competitor nations are doubling show they can’t get financing, but this PROJECTS IN THE UNITED STATES. the size of theirs. new provision puts an undue burden on (a) IDENTIFICATION OF CERTAIN DOMESTIC I yield the floor. these individuals—because of the lan- FOSSIL FUEL PROJECTS.—Not later than 90 The PRESIDING OFFICER. The Sen- guage and how vague it is, how are days after the date of the enactment of this Act, the Export-Import Bank of the United ator from Washington. they ever going to prove that there States shall identify projects involving the Ms. CANTWELL. Mr. President, I ap- isn’t someone there? production, refining, or transportation of preciate my colleague from South Instead of hamstringing American fossil fuels in the United States that could Carolina coming down to talk about businesses, why not allow those Amer- benefit from the provision of a loan, loan his important tool for U.S. manufac- ican businesses to continue under this guarantee, or other form of financing by a turers and why it is important in his legislation that, as my colleague from Federal agency. State and why we need to get on to the South Carolina said, has been around (b) PROHIBITION ON FINANCING OF CERTAIN business of passing this House legisla- for decades and been very effective? FOSSIL FUEL PROJECTS.— tion that was a compromise that in- (1) IN GENERAL.—Notwithstanding any And we are including more trans- other provision of law, on and after the date volved many people and, as my col- parency. that is 90 days after the date of the enact- league from South Carolina stated, a I urge my colleagues to defeat the ment of this Act, the Bank shall not provide very robust vote out of the House of Corker amendment because of its re- any guarantee, insurance, or extension of Representatives. quirements on capital ratio that they credit (or participate in the extension of

VerDate Mar 15 2010 00:55 May 16, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.018 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3151 credit) with respect to any project in a for- I have to tell you, that was like rub- home to see if similar projects exist eign country that the Bank determines is bing salt in the wounds of tens of thou- and are they getting any similar help substantially similar to a project identified sands of oilfield workers and others or inducement from the Federal Gov- under subsection (a). who were suffering because of the ernment. (2) CERTIFICATION REQUIRED.—If, on and I urge support of this amendment as after the date that is 90 days after the date Obama administration policy here in of the enactment of this Act, the Export-Im- this country really discouraging en- a way to move forward in a common- port Bank of the United States provides fi- ergy development. The way President sense way on this reauthorization. nancing with respect to a project involving Obama proposed to be a strong sup- I yield the floor and suggest the ab- the production, refining, or transportation of porter and partner and cheerleader of sence of a quorum. fossil fuels in a foreign country, the Bank Brazilian offshore development was The PRESIDING OFFICER. The shall certify to Congress that to the knowl- through an Export-Import Bank loan. clerk will call the roll. edge of the Bank there are no projects in the There are many of these sorts of The bill clerk proceeded to call the United States that are substantially similar loans. In August 2009—talking about roll. to the project in the foreign country that Brazil, the case I mentioned—the Wall Ms. CANTWELL. Mr. President, I ask could benefit from the provision of a loan, unanimous consent that the order for loan guarantee, or other form of financing by Street Journal reported in an editorial that ‘‘the U.S. is going to lend billions the quorum call be rescinded. a Federal agency. The PRESIDING OFFICER. Without (c) DEFINITION OF FOSSIL FUEL.—In this of dollars to Brazil’s State owned oil objection, it is so ordered. section, the term ‘‘fossil fuel’’ means natural company, Petrobras, to finance explo- gas, petroleum, coal, or any form of solid, Ms. CANTWELL. Mr. President, I ration of the huge offshore discovery in rise to address the Vitter amendment, liquid, or gaseous fuel derived from natural Brazil’s Tupi oil field in the Santos gas, petroleum, or coal. No. 2103. In speaking in opposition to Basin near Rio de Janeiro.’’ Again, the SEC. 8B. PROHIBITION ON, AND REPEAL OF MIN- that amendment, as I said, like all IMUM INVESTMENT GOALS FOR, FI- Export-Import Bank approved a $2 bil- these amendments that are up for us to NANCING OF RENEWABLE ENERGY lion loan to aid Brazilian oil produc- vote on today, I believe they are detri- PROJECTS. tion. That is what President Obama mental not only to the Export-Import (a) PROHIBITION ON FINANCING OF CERTAIN was cheering and encouraging and RENEWABLE ENERGY PROJECTS.—Notwith- financing program but to the com- standing any other provision of law, the Ex- making happen. It has happened other promise that has been worked out by port-Import Bank of the United States shall places as well. Again, the Ex-Im Bank Republicans and Democrats in the not provide any guarantee, insurance, or ex- specifically approved a $2.84 billion House of Representatives in the legisla- tension of credit (or participate in the exten- loan and loan guarantee to a subsidiary tion that is being supported by the sion of credit) with respect to any project of Colombia’s national oil company. chamber of commerce, U.S. manufac- that involves the manufacture of renewable This money was intended to expand turers, a bipartisan list of Governors, energy products in a foreign country. and upgrade an oil refinery in (b) REPEAL OF MINIMUM INVESTMENT GOAL and many businesses across America. FOR FINANCING OF RENEWABLE ENERGY Cartagena, Colombia. In 2011 the Ex-Im The reason the Vitter amendment is PROJECTS.—Section 534(d) of the Foreign Op- Bank again authorized $1 billion for a horrible idea, actually, is that the erations, Export Financing, and Related Pro- Pemex, Mexico’s national oil and gas amendment would basically cut off or grams Appropriations Act, 1990 (12 U.S.C. company. curtail American companies in their 635g note) is repealed. Here we have this Federal Govern- ability to compete on energy projects Mr. VITTER. Mr. President, this ment, through the Ex-Im Bank, financ- on a worldwide basis; that is, it would amendment is borne of real frustration ing energy production overseas at the eliminate the bank’s current 10 percent that a lot of folks have faced over the same time as this Federal Government goal for renewable energy projects. last few years, particularly in my tries to shut down and make difficult a This is a longstanding requirement State of Louisiana. As you know, we lot of that activity here at home. That that has been incorporated into the have had a rough time, particularly is the frustration that produced this Senate Foreign Operations bill. Why following the BP disaster. amendment, No. 2103. This amendment someone would oppose it here I am not First there was that real environ- is simple. It simply says that Ex-Im sure. mental disaster, which was a shock to Bank is not going to provide those As somebody who knows a lot about our system and our ecology. But sec- loans or loan guarantees related to fos- energy and works on energy all the ond, and of perhaps even more lasting sil fuel development in foreign coun- time, I can tell you that one of the impact, there was the economic hit tries if there are similar projects in goals we have as a country should be that was magnified enormously when this country that are not getting com- for the United States to win in the en- the Obama administration, in my opin- parable help. It is not suggesting that ergy debate. Look at what a tremen- ion, overreacted and instituted a full- the Ex-Im Bank is going to participate dous market opportunity new energy blown moratorium on production drill- directly in projects in this country. It solutions are for our economy, for the ing—drilling in the Gulf of Mexico. simply says first things first—Amer- worldwide economy. It is somewhere That formal moratorium was ended in ican jobs, American energy, American from $4 trillion to $6 trillion. A lot of late 2010, but a de facto moratorium production. So we are not going to fi- people like to talk about the Internet continued for many months. Even now nance the world to produce energy and the great things on the Internet. there is a permanent logjam that has when we create obstacles right here at By comparison, it was somewhere be- permitting at a much lower pace than home to do the same. tween $2 and $4 trillion. This is an eco- before the BP disaster. The last several years have proved nomic opportunity way beyond that. This is a broader problem because, at the need for this sort of commonsense When you look at what China is least off the coast of Louisiana, we are provision, in my opinion. President doing, they need to invest $3.7 trillion producing some energy. In many other Obama traveling to Brazil, ballyhooing by 2030 in order to build 1,300 gigawatts places of the country where we have an the development of their industry of new electricity-generating capacity. abundance of energy, we are not al- while his moratorium and other poli- The Chinese Government alone needs lowed to get it because this Federal cies substantially shut down our own to spend $3.7 trillion on energy. My col- Government, particularly under this here in the United States, proves the league from Louisiana wants to say: Obama administration, puts well over need for this commonsense amend- Let’s hamstring U.S. companies—those 90 percent of our domestic resources off ment. that might have a solution to some of limits. I urge all my colleagues, Republicans China’s energy needs—from getting the In the midst of everything that was and Democrats, to support this Vitter appropriate financing so they can be going on in the gulf, in the midst of amendment No. 2103. Again, it is very successful in this program. To me, it is that moratorium shutting down jobs in simple, very logical, and pure common wrongheaded in the fact that we want the Gulf of Mexico, President Obama sense. Before the Ex-Im Bank uses U.S. to be selling to China, as I said, just be- traveled to Brazil and he said that the taxpayer money to fund, to finance the cause in the Northwest we already United States wanted to be a tremen- guarantee of oil and gas and other en- know what China is as a market. We dous partner and cheerleader of the de- ergy development overseas in foreign sell them software, we sell them air- velopment of Brazil’s offshore industry. countries, we are going to look here at planes, we sell them coffee—we sell

VerDate Mar 15 2010 00:55 May 16, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A15MY6.012 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3152 CONGRESSIONAL RECORD — SENATE May 15, 2012 them lots of things. We understand workers whose jobs are supported by ‘‘(I) the rate calculated under section they are a market. To curtail the solu- the Ex-Im Bank. 8(g)(1) of this Act is less than 2 percent for tions U.S. companies are working on, I urge my colleagues to oppose the the quarter ending with the beginning of the whether it is battery technology or amendments and support reauthoriza- fiscal year, or for any quarter in the fiscal tion of the Export-Import Bank today year; smart grid technology or solutions for ‘‘(II) the Bank has submitted a report as a whole range of products—you could so we can send this bill to the Presi- required by subsection (b) of section 5 of the even say nuclear power solutions or dent and have it signed into law with- Export-Import Bank Reauthorization Act of other clean energy source solutions— out delay. 2012, except that the preceding provisions of all of these things would be curtailed I yield the floor and note the absence this subclause shall not apply if the Comp- under the Vitter amendment. of a quorum. troller General has not submitted the report We do not want to go backward. Not The PRESIDING OFFICER. The required by subsection (a) of such section 5 only does the United States want to be clerk will call the roll. on or before July 1, 2013; and The bill clerk proceeded to call the ‘‘(III) the Secretary of the Treasury has a leader in energy solutions in the roll. submitted to the Committee on Banking, United States, the United States The PRESIDING OFFICER. The Sen- Housing, and Urban Affairs of the Senate and should have the goal of being an energy ator from Pennsylvania. the Committee on Financial Services of the winner in the international market- Mr. TOOMEY. Mr. President, I ask House of Representatives the text of a multi- place, growing jobs through selling so- unanimous consent that the order for lateral agreement to eliminate subsidized ex- lutions that we think can be quite suc- the quorum call be rescinded. port financing programs (including aircraft cessful in and around the developing The PRESIDING OFFICER. Without export credit financing) agreed to by— ‘‘(aa) each country that is a member of the world and in China. objection, it is so ordered. I ask my colleagues to defeat this Organisation for Economic Co-operation and AMENDMENT NO. 2104 Development; and amendment and to make sure we get Mr. TOOMEY. Mr. President, I call ‘‘(bb) each country that is not a member of this bank. As I said regarding the Ex- up my amendment No. 2104, which is at that Organisation that, during fiscal year port-Import financing program, we the desk. 2012 or any fiscal year thereafter, provided have about 5 legislative days to give The PRESIDING OFFICER. The export financing in excess of $50,000,000,000.’’. the predictability and certainty Amer- clerk will report. Mr. TOOMEY. Mr. President, this is ican businesses would like to see in The bill clerk read as follows: an amendment that deals with the re- making sure U.S. manufacturers win in The Senator from Pennsylvania, Mr. authorization of the Ex-Im Bank. I a global marketplace. TOOMEY, for himself, Mr. DEMINT and Mr. urge my colleagues to support this I yield the floor. LEE, proposes an amendment numbered 2104. amendment. I think it is a very impor- The PRESIDING OFFICER. The Sen- Mr. TOOMEY. Mr. President, I ask tant measure to begin the process of ator from South Dakota. that the reading of the amendment be phasing out a very unfortunate prac- Mr. JOHNSON of South Dakota. I dispensed with. tice that we participate in, as do many rise today in support of H.R. 2072, the The PRESIDING OFFICER. Without of our trading partners, which is the Export-Import Bank Reauthorization objection, it is so ordered. active taxpayer subsidization of ex- Act of 2012. After too much delay, it is The amendment is as follows: ports. time for the Senate to pass this bill. (Purpose: To prohibit an increase in the I want to be very clear. There is a The Export-Import Bank supports lending authority of the Export-Import very real risk that is carried by Amer- nearly 290,000 jobs a year, assists thou- Bank of the United States to more than ican taxpayers, and that risk is sys- sands of American businesses, and $100,000,000,000 until the Secretary of the Treasury certifies that the Secretary has tematically underpriced. The fact is helps reduce the Federal budget deficit. initiated international negotiations to the Ex-Im Bank extends loans and pro- It shouldn’t be surprising, then, to hear eliminate export financing programs and vides guarantees to countries and com- that the bank has the approval of labor to prohibit an increase in that lending au- panies buying American exports. It unions, the chamber of commerce, the thority to more than $120,000,000,000 until a provides those loans and those loan Business Roundtable, and the National multilateral agreement to eliminate ex- guarantees under terms that are not Association of Manufacturers. port financing programs has been com- available in the private sector. Indeed, the bank is supported by a pleted) There is a reason those terms are not wide majority in both Houses of Con- Strike section 3 and insert the following: available in the private sector. It is be- gress. The bill before us today passed SEC. 3. LIMITATIONS ON OUTSTANDING LOANS, cause the private sector necessarily re- GUARANTEES, AND INSURANCE. with an overwhelming vote of 330 to 93 Section 6(a)(2) of the Export-Import Bank quires full compensation for whatever in the House of Representatives last Act of 1945 (12 U.S.C. 635e(a)(2)) is amended— risks they take, and there is a risk in week as Republicans and Democrats (1) in subparagraph (D), by striking ‘‘and’’; any loan. The Ex-Im Bank underprices came together in support of truly bi- (2) in subparagraph (E), by striking the these loans systematically, and that is partisan legislation. When we passed a comma at the end and inserting ‘‘; and’’; and why it is important, that is why it ex- similar bill out of the Senate Banking (3) by adding at the end the following: ists, and that is why it does business Committee last year, it had unanimous ‘‘(F) during fiscal year 2012 and each suc- that the private sector cannot win bipartisan support. ceeding fiscal year, $100,000,000,000, except away from the Ex-Im Bank. The Ex-Im that— Despite the urgent need for passage ‘‘(i) the applicable amount for each of fis- Bank necessarily and systematically of the bill, there are several Repub- cal years 2013 and 2014 shall be $120,000,000,000 underprices the risks that taxpayers lican amendments. I urge all of my col- if— are on the hook for. This is what many leagues to vote against those amend- ‘‘(I) the Bank has submitted a report as re- of us object to, the risk that the tax- ments and pass this bill without delay. quired by section 4(a) of the Export-Import payers are forced to bear. We are at the finish line today with a Bank Reauthorization Act of 2012; In addition to enforcing taxpayers to bill that has already been approved in ‘‘(II) the rate calculated under section incur this risk, it is quite unfair to the House and has bipartisan support 8(g)(1) of this Act is less than 2 percent for American companies that have to com- the quarter ending with the beginning of the pete with the foreign companies that in the Senate. Unless we pass this bill, fiscal year, or for any quarter in the fiscal the Ex-Im Bank’s authorization will year; and get the subsidized financing. This isn’t lapse on May 31 and nearly 300,000 ‘‘(III) the Secretary of the Treasury has just theoretical. This happens all the American jobs will be at risk. Unless certified in writing to the Committee on time. Some years ago I was involved in we pass this bill, American exporters Banking, Housing, and Urban Affairs of the a dispute because the Ex-Im Bank was will be put at a disadvantage with their Senate and the Committee on Financial going to finance the acquisition of foreign competitors, who, in many Services of the House of Representatives equipment by a foreign—I think it was cases, receive far greater assistance that the Secretary has initiated the negotia- a Chinese steelmaker—which would en- tions required by section 11(a) of the Export- able them to make steel at lower prices from their own nations’ export credit Import Bank Reauthorization Act of 2012; agencies. and than American steelmakers could Let’s come together and pass this bi- ‘‘(ii) notwithstanding clause (i), the appli- make because the American companies partisan bill and score a victory for the cable amount for fiscal year 2014 shall be wouldn’t be able to obtain this equip- hundreds of thousands of American $140,000,000,000 if— ment with the subsidy that the Chinese

VerDate Mar 15 2010 01:33 May 16, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.020 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3153 companies could obtain through the in a careful fashion that allows busi- who can subsidize the most loans at a Ex-Im Bank. nesses to continue for now provided we time when all of us are broke. More recently is the case of Delta start in a different direction, a direc- We need to bring this to a close. Sen- Airlines, which has observed that the tion that will avoid continuing to put ator TOOMEY’s amendment is a logical price they have to pay for jets is higher taxpayers at risk. way to proceed. The World Trade Orga- than the price paid by other countries I urge my colleagues to support my nization is set up to make sure there is that are operating competing routes amendment numbered 2104. a level playing field and that we are but buying their aircraft through the I yield the floor. not subsidizing imports and exports. subsidies of the Ex-Im Bank. The PRESIDING OFFICER. The Sen- But this is a very real subsidy and a In 2008 President Obama, referring to ator from South Carolina. very real risk to the American people. Ex-Im Bank, said this is ‘‘little more Mr. DEMINT. Mr. President, I would Let’s begin the process of taking than a fund for corporate welfare.’’ I like to speak in support of Senator away this excuse of why we need to think that is a little bit harsh. I under- TOOMEY’s amendment and to point out subsidize them. The excuse is always: stand how this has come to be, I under- some of the things about the Ex-Im We have to do it because they are doing stand why it has been extended, and I Bank that are important for the tax- it. But as a world trading organization, understand why people believe we have payers to know. we need to take down these subsidies to subsidize our exports. It is because As a businessman I know if I can get and phase them out. We can do that other countries around the world sub- a guaranteed loan, I would take it in a and decrease the amount of money the sidize theirs. In other words, if our Ger- second. I don’t blame companies that American taxpayer is liable for. It is man and French and Chinese and Rus- are interested in lower rate financing. common sense. Hopefully, my col- sian taxpayers are made to take a risk But as Congressmen and Senators and leagues will support it today. in subsidizing the sales of their manu- as the President of the United States, Mr. LEVIN. Mr. President, I am facturers, then our taxpayers ought to our job is to protect taxpayers. We are pleased the Senate is voting on H.R. take a similar risk. forgetting in this debate that when we 2072, the Export-Import Bank Reau- I think there is a logical solution. guarantee a loan, we are signing the thorization Act of 2012. This bill will Let’s require the administration to sit taxpayers’ names to a loan guarantee. reauthorize the Export-Import Bank, down with our trading competitors and In the real world if an individual or a which has been operating under tem- negotiate a mutual phaseout of all of business guarantees a loan, that is a porary extensions. We are overdue to these export subsidies. Frankly, it is in very real liability to them, and we are reauthorize and expand this important everybody’s interest. We could have a not just talking about the Ex-Im Bank. agency. level playing field on which no tax- The taxpayers of this country are The Export-Import Bank is an impor- payers are subject to this risk, no tax- now liable for about $1 trillion for stu- tant tool U.S. companies can use to payers are asked to subsidize the sales dent loans, trillions of dollars for mort- promote the export of American-made of private companies, and I think that gages and other loan guarantees and manufactured goods, particularly ex- is what we ought to do. This is what insurance. ports of small- and medium-sized man- my amendment would accomplish. We cannot continue to pass these ufacturers which make up the largest My amendment says we will go ahead bills without realizing someday these portion of the Export-Import Bank’s with the reauthorization of the Ex-Im bills are going to come due and the transactions. The Export-Import Bank Bank, but the first increase in the folks across the country are going to provides financing to foreign pur- lending limit we are currently at—the have to pay them. chasers of U.S. goods when private fi- bump-up of $20 billion that is con- We were promised, when Fannie Mae nancing is not available. That financ- templated in this bill that has passed and Freddie Mac were making all these ing allows U.S. businesses to sell more the House—would be contingent upon loans, that it was good for the tax- U.S. goods abroad, which means we cre- the administration informing Congress payer, that we were making money, we ate more jobs here at home. And the that they have begun the process of ne- could not lose. But the taxpayers have reality is that many of our trading gotiating a phaseout of all export sub- lost billions of dollars. And now as we partners that compete against us in sidies. continue to guarantee loans around the the global marketplace use aggressive I recognize this phaseout would not world, some of the countries these export financing to advantage their occur immediately but would be a loans are going to are on the watch list companies. We need to offer the same gradual process that would happen over by Moody’s and other ratings services type of support to American manufac- time. So under my amendment the sec- because of the financial situation in turers so that they can compete in ond increase would only occur when Europe and all across the world, which overseas markets on a level playing the administration came back and in- is more and more strained. We cannot field. formed Congress that they had, in fact, assume this money is coming back to Over the last 5 years the Export-Im- reached an agreement with our leading the taxpayer. port Bank helped 148 Michigan compa- trading partners on a framework that We probably heard already from some nies export $2.7 billion worth of goods would phase out subsidization of ex- of the speakers that the Export-Import overseas, supporting and creating jobs ports. Bank was started many decades ago in Michigan. Over 100 of these Michi- I think this is a very sensible way to during Franklin Roosevelt’s adminis- gan, companies were small businesses deal with the only compelling argu- tration, and there was a limit on how selling a broad range of products manu- ment I have heard in favor of forcing much could be lent. It was $3.5 billion. factured in Michigan, including fab- taxpayers to continue to take this risk; But we know how government works ricated metal products, machinery, that is, well, everyone does it, so we and how government grows. The bill we auto parts, chemicals, wood products, must. Since that is the only reason, are considering this week is not in the paper, and food. The three top export then let’s start the process of per- millions; it is in the billions; and it is destinations for these Michigan exports suading everyone else not to do it. We not $3 billion or $4 billion, it is $140 bil- were Mexico, Turkey, and Canada. have tremendous leverage in both bi- lion of loan guarantees to American The Export-Import Bank is self-fi- lateral and multinational trade nego- companies that are selling overseas. nancing and in fact contributes money tiations of all sorts. There are ways Unfortunately, that does not help to the U.S. Treasury every year. This is that the administration—if it makes American companies that want to sell a win-win situation to reauthorize the this issue a priority—can persuade our here in America, which means much of Export-Import Bank and increase its trading partners that this is the right the domestic market for our products authorization level at no cost to the direction to go. is financed at a higher rate. It is only government so that we can export Each of our trading partners has the rest of the world. And we are the more American-made goods and create their own constituency of taxpayers biggest consuming market in the and support U.S. jobs here at home. who would probably rather not be world. This is not an idea we should Mr. President, I yield back. forced to subsidize this process just as continue in America. We are in a bid- The PRESIDING OFFICER. The Sen- we do. I think this amendment does it ding war with China and Europe to see ator from Washington.

VerDate Mar 15 2010 01:33 May 16, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.029 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3154 CONGRESSIONAL RECORD — SENATE May 15, 2012 Ms. CANTWELL. Mr. President, I ask about when they say ‘‘subsidies,’’ be- The PRESIDING OFFICER. Without unanimous consent to speak for the cause this has been good for the U.S. objection, it is so ordered. next 10 minutes. taxpayers, and it has been good for our f The PRESIDING OFFICER. Without economy. objection, it is so ordered. Specifically to the Toomey amend- UNANIMOUS CONSENT AGREE- Ms. CANTWELL. I have enjoyed lis- ment, this amendment would require MENT—MOTIONS TO PROCEED tening to my colleagues on the other unnecessary conditions for helping the Mr. CONRAD. Mr. President, I ask side of the aisle talk about Senator bank in the future. Basically, it would unanimous consent that following lead- TOOMEY’s amendment and all about put a hold on the financing of the Ex- er remarks on Wednesday, May 16, the subsidies. Well, it is hard to argue port-Import Bank until we negotiated Senate proceed to the consideration of about subsidies when we are talking on an international basis to terminate motions to proceed to the following about the Ex-Im Bank generating $3.7 this kind of financing. budget resolutions listed, en bloc: Cal- billion for U.S. taxpayers since 2005. As I said, for many States, they have endar No. 357, S. Con. Res. 41; Calendar So if this is a subsidy, we need a lot had great benefits. In Pennsylvania, No. 354, H. Con. Res. 112; Calendar No. more of it because you are winning in they have had the economic benefit— 356, S. Con. Res. 37; Calendar No. 384, S. producing jobs and you are actually this is in just 2011—of $1.4 billion in ex- Con. Res. 42; and Calendar No. 395, S. producing money for the Treasury. ports and over 9,000 jobs. So here is Con. Res. 44; that there be 6 hours of This is a very important tool for us to something that has actually created debate on the motions to proceed win in a global economy. I think my jobs, created money for the U.S. econ- equally divided between the two lead- colleague from South Carolina who omy—basically money back to U.S. ers or their designees; that upon the spoke earlier said it best when he taxpayers that we have used to help use or yielding back of time, the Sen- talked about the manufacturing jobs pay down the deficit. So how is it that ate proceed to vote on the five motions that are now in that State and what an is bad for us? In the meantime, that to proceed in the order listed above; manufacturer in Pennsylvania is win- important tool it is. that there be 2 minutes equally divided ning and getting his product out on an I am not one of those who basically between the votes and that all after international basis and, hopefully, ex- says: Oh, we should do it because other the first vote be 10-minute votes; that panding his business to many different countries do it. I am saying, you the motions to reconsider be consid- countries. should recognize that is going on, but We had numbers on some of the other ered made and laid upon the table; that that the United States needs to under- examples of companies that have been notwithstanding the adoption of any stand there is a global marketplace for helped in various States. These are motion to proceed, the Senate proceed its products. If you believe in U.S. products and services like many in my to the remaining votes on motions to manufacturers, as I do—and I have seen State. We have visited a grain silo pro- proceed; further, that at the conclusion them in my State—they are winning ducer in Spokane, WA, that is winning of those votes, the Senate resume con- the day in producing products and serv- in selling its product. We visited a sideration of the budget resolution if a ices that can beat the competition in music stands company, Manhasset motion to proceed is adopted; and that international marketplaces. They can. Music Stands. You would think some- if no motion to proceed has been adopt- I have seen grain silos, I have seen body might be able to compete with ed, the majority leader be recognized. music stands, and, yes, I have seen air- them and beat them in the inter- The PRESIDING OFFICER. Is there planes. So the question is, are we going national marketplace, but, in fact, objection? to let U.S. products that can beat the they are winning the day in the inter- Mr. HELLER. Mr. President, reserv- competition in an international mar- national marketplace, and the Export- ing the right to object, there has not ketplace lose because the purchaser of Import Bank helps them in doing so. been a budget passed in the Senate and those products is looking for financing There are many examples of how this the House in over 3 years. I would mechanisms that will help them secure particular program is a win for tax- argue that the exercise we have ending financing and purchase of those prod- payers, is a win for manufacturers, and tomorrow will have no substantial dif- ucts? That is the question. is a win for the U.S. economy. These ference. I do not think there is anyone Does the United States want to do amendments that are all trying to gut in America who believes we will have a those kinds of activities? I say we the Export-Import Bank would send budget at the end of tomorrow. The should be even more aggressive. Why? this back to the House, when we need Congressional Budget Act of 1974 re- Because the global development of to be sending it to the President’s quires Congress to pass a budget by many countries that are now buying desk, giving certainty and predict- April 15. So with that, I ask unanimous U.S. products is going to continue to ability to our economy, giving cer- consent that the request of the leader grow. In my State, in southwest Wash- tainty and predictability to a program be modified so that S. 1981, the No ington, in Vancouver, I saw the second that has existed for decades, for which Budget, No Pay Act, be automatically largest grain elevator in the entire often there has been a voice vote—in- discharged from the Homeland Secu- world—the second largest grain eleva- stead of holding it up, actually making rity and Government Affairs Com- tor. I said: Why do we have the second sure manufacturers have the oppor- mittee, the bill be immediately placed largest grain elevator in the entire tunity and know where the financing on the calendar, and that when the world right here at the Port of Van- is. Senate proceeds to the budget votes couver? They said to me: Because as I yield the floor. mentioned in the Senator’s request, the Asian middle class rises, they want f the Senate also vote on the motion to to eat beef. And if they want to eat RECESS proceed to S. 1981 under the same beef, they have to have grain. The PRESIDING OFFICER. Under terms and conditions of the other budg- What is wrong with the United States the previous order, the Senate stands et votes. selling grain to Asian markets because in recess until 2:15 p.m. The PRESIDING OFFICER. Does the they want our product—or all these Thereupon, the Senate, at 12:40 p.m., Senator so modify his request? other products we have been talking recessed until 2:15 p.m. and reassem- Mr. CONRAD. Objection has been about today? These are examples of bled when called to order by the Pre- heard on our side. products in the United States where we siding Officer (Mr. WEBB). The PRESIDING OFFICER. There is are actually building a product that Mr. HELLER. Mr. President, I sug- objection to the modification. Is there many countries and many end cus- gest the absence of a quorum. objection to the original request? tomers want. We should celebrate that, The PRESIDING OFFICER. The Without objection, it is so ordered. and we should realize, as the growing clerk will call the roll. Mr. CONRAD. Mr. President, just on middle class around the globe in- The bill clerk proceeded to call the the note that the Senator raised, I creases, there is even more opportunity roll. want to make clear that I have heard for the United States to sell products Mr. CONRAD. Mr. President, I ask over and over: No budget resolution and win the day in the marketplace. So unanimous consent that the order for has passed in 1,000 days. What is not I do not know what they are talking the quorum call be rescinded. being said is that instead of a budget

VerDate Mar 15 2010 01:33 May 16, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.031 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3155 resolution last year, the Senate and the work of the special committee. So EXPORT-IMPORT BANK REAUTHOR- the House passed the Budget Control that is work we still need to do, but no- IZATION ACT OF 2012—Continued Act. The Budget Control Act is not a body should be under any The PRESIDING OFFICER. The Sen- resolution, it is a law. A resolution, as misimpression or misunderstanding ator from Washington is recognized. all Members know, is purely a congres- that we do not have spending limits in Ms. CANTWELL. Mr. President, we sional document. It never goes to the place for this year and next and, in yield back all time. President for his signature. fact, for all discretionary spending, The PRESIDING OFFICER. All time Last year, instead of a budget resolu- spending limits in place for the whole is yielded back. tion, this body and the other body of the next 10 years. That is a fact. Under the previous order, the ques- passed legislation called the Budget tion is on agreeing to amendment No. Control Act that set a budget, budget Tomorrow we are going to have a chance to debate fundamental issues of 2100. limits, and spending limits for this Mr. LEE. Mr. President, I ask for the year and next. Actually, it went even where the resources of the United States go. But we are in a different sit- yeas and nays. further: It set 10 years of spending The PRESIDING OFFICER. Is there a uation than we normally would be be- caps. A budget resolution usually only sufficient second? cause the Budget Control Act is in law. sets 1 year of spending caps. There is a sufficient second. So I wanted to make clear that in- We know what the appropriators can The clerk will call the roll. stead of a budget resolution being spend for this year and next. That is The assistant bill clerk called the passed last year, the House and the locked in. And tomorrow we will have roll. Senate passed the Budget Control Act a chance to debate longer term plans. Mr. DURBIN. I announce that the to set spending limits for this year and I will be interested to see what some Senator from West Virginia (Mr. next and for the 8 years beyond. of our colleagues say about some of the ROCKEFELLER) is necessarily absent. In addition, the Budget Control Act truly extraordinary and extreme budg- Mr. KYL. The following Senator is established a supercommittee and gave et plans that are being offered by my necessarily absent: the Senator from it special authority to reform the tax colleagues on the other side—plans to Illinois (Mr. KIRK). system and the entitlement system and eliminate Medicare in 2 years, plans to The PRESIDING OFFICER (Mr. said that if they could come to an cut Social Security benefits by 39 per- FRANKEN). Are there any other Sen- agreement, they would not face a fili- cent, plans to have trillions of dollars ators in the Chamber desiring to vote? buster. With a simple majority, we of additional tax cuts for the wealthi- The result was announced—yeas 12, could reform the tax system and the est among us, and at the same time cut nays 86, as follows: entitlement system here in the Senate. education 25 percent, cut funding to re- [Rollcall Vote No. 91 Leg.] The Budget Control Act further said duce our dependence on foreign energy YEAS—12 that if the special committee does not by 60 percent, plans to cut spending be- Cornyn Hatch Paul agree to reform the tax system, to re- yond the Budget Control Act limita- Crapo Kyl Risch form the entitlement system, there tions by another $2 trillion. DeMint Lee Rubio will be an additional $1.2 trillion of Grassley McCain Vitter spending cuts put in place over and We are going to see, from some of my NAYS—86 colleagues on the other side, truly ex- above the $900 billion of cuts put in Akaka Feinstein Mikulski place by the Budget Control Act treme plans. I hope they will be voted Alexander Franken Moran through spending caps for 10 years. down tomorrow. I hope we will be able Ayotte Gillibrand Murkowski to make clear to the American people Barrasso Graham Murray That is a total—because the special Baucus Hagan with the Budget Control Act law that Nelson (NE) committee did not agree—of over $2 Begich Harkin Nelson (FL) trillion of spending cuts that are now passed last year, instead of a budget Bennet Heller Portman in law as a result of the Budget Control resolution, there are spending caps in Bingaman Hoeven Pryor Blumenthal Hutchison Act. That is the largest spending cut place this year and next and the 8 Reed Blunt Inhofe Reid Boozman Inouye package in the history of the United years beyond. Roberts Boxer Isakson States, and it is law. It is law because Sanders Tomorrow will be an interesting day Brown (MA) Johanns Schumer of the Budget Control Act passed last to discuss different Members’ views of Brown (OH) Johnson (SD) Sessions year. the fiscal future of this country. Make Burr Johnson (WI) Now, my colleagues can go and shout Cantwell Kerry Shaheen no mistake, we need to come together Shelby it through the rooftops, as they have Cardin Klobuchar on a long-term plan to get us back on Carper Kohl Snowe done, that the Congress has not passed track. Casey Landrieu Stabenow a budget resolution in 1,000 days, but Chambliss Lautenberg Tester they are not telling the whole story. I was part of the Bowles-Simpson Coats Leahy Thune Commission. In fact, it was the idea of Coburn Levin Toomey They are not telling people that in- Cochran Lieberman Udall (CO) stead of a resolution, the House and Senator Gregg and myself to have such Collins Lugar Udall (NM) the Senate passed a law. A law is a commission. I voted for the findings Conrad Manchin Warner stronger than any resolution. A resolu- of that commission to save more than Coons McCaskill Webb Corker McConnell Whitehouse tion is purely a congressional docu- $4 trillion. I was part of the Group of 6 Durbin Menendez Wicker ment. A law has to be signed by the who spent an entire year trying to find Enzi Merkley Wyden President of the United States. a way to implement Bowles-Simpson. NOT VOTING—2 The Budget Control Act was passed So I am fully prepared to have this de- Kirk Rockefeller by the Senate on an overwhelming bi- bate and this discussion. partisan vote, passed by the House, and The PRESIDING OFFICER. Under I am eager for us to come together the previous order requiring 60 votes signed by the President of the United around a plan to get us back on track, States. It sets the budget limits for for the adoption of this amendment, but it is going to require all sides to this year and next, and it goes beyond the amendment is rejected. get out of their fixed positions. That is that. It sets 10 years of spending caps, AMENDMENT NO. 2101 probably unlikely right before an elec- saving $900 billion. And because the The PRESIDING OFFICER. Under tion, but it needs to happen before the special committee could not agree to the previous order, there will be 2 min- end of this year. I am very hopeful that reforming the tax system and the enti- utes of debate, equally divided, prior to Bowles-Simpson—that fiscal commis- tlement system, it put in place another a vote in relation to amendment No. sion plan—serves as a good example of $1.2 trillion of spending cuts that are 2101 to be offered by the Senator from where we might find common ground. now in law. That is a total of over $2 Kentucky, Mr. PAUL. Both sides, all sides, need to get out of trillion of spending cuts. Mr. PAUL. Mr. President, I call up What we do not have is the longer their fixed positions to reach an agree- amendment No. 2101. term plan the Budget Control Act ment to get our country back on track. The PRESIDING OFFICER. The hoped would come about as a result of I yield the floor. clerk will report.

VerDate Mar 15 2010 01:33 May 16, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.039 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3156 CONGRESSIONAL RECORD — SENATE May 15, 2012 The bill clerk read as follows: those to places such as China and oth- does is establish capital in the Ex-Im The Senator from Kentucky [Mr. PAUL] ers just because of the amount of U.S. Bank. Right now the way the Ex-Im proposes an amendment numbered 2101. debt. Bank is set up, there is over $1 billion Mr. PAUL. Mr. President, I ask unan- This is about job creation in America worth of capital against $140 billion in imous consent that reading of the for a program that actually generates loans. That is a leverage ratio of 140 to amendment be dispensed with. money to our Treasury and helps us 1. The PRESIDING OFFICER. Without pay down the deficit. We should be This body spent a tremendous objection, it is so ordered. helping all U.S. manufacturers sell all amount of time in a bipartisan way to The amendment is as follows: around the globe and create jobs at make sure the financial institutions of (Purpose: To prohibit the Export-Import home. our country had proper capital ratios. Bank of the United States from providing I urge my colleagues to oppose the This amendment establishes a 10-per- financing to a person or for a project in a Paul amendment. cent capital reserve for the Ex-Im country the government or central bank of Mr. PAUL. Mr. President, I ask for Bank. By their definition these loans which holds debt instruments of the United the yeas and nays. are more risky than the private sector States) The PRESIDING OFFICER. Is there a would make, and that is why the spon- At the appropriate place, insert the fol- sufficient second? sors are trying to extend the Ex-Im lowing: There appears to be a sufficient sec- Bank. SEC. ll. PROHIBITION ON FINANCING BY THE ond. EXPORT-IMPORT BANK OF THE As a responsible body, the very least UNITED STATES FOR PERSONS OR The question is on agreeing to the we can do is to cause them to have the PROJECTS IN COUNTRIES THAT amendment. appropriate capital reserved against HOLD DEBT INSTRUMENTS OF THE The clerk will call the roll. the loans they are making which are UNITED STATES. The bill clerk called the roll. (a) IN GENERAL.—Notwithstanding any pro- more risky by definition than the pri- vision of the Export-Import Bank Act of 1945 Mr. DURBIN. I announce that the vate sector loans. (12 U.S.C. 635 et seq.), the Export-Import Senator from West Virginia (Mr. I hope this will receive a strong bi- Bank of the United States may not provide ROCKEFELLER) is necessarily absent. partisan vote. My guess is the House any guarantee, insurance, or extension of Mr. KYL. The following Senator is will take this almost in unanimous credit (or participate in the extension of necessarily absent: the Senator from consent. credit) to a person or with respect to a Illinois (Mr. KIRK). The PRESIDING OFFICER. The Sen- project in a country the government or cen- The PRESIDING OFFICER. Are there ator from Washington. tral bank of which holds debt instruments of any other Senators in the Chamber de- Ms. CANTWELL. Mr. President, this the United States. siring to vote? (b) DEBT INSTRUMENTS OF THE UNITED amendment would force the Ex-Im STATES DEFINED.—In this section, the term The result was announced—yeas 9, Bank financing to increase its reserves ‘‘debt instruments of the United States’’ nays 89, as follows: by nearly 400 percent to maintain that means bills, notes, and bonds issued or guar- [Rollcall Vote No. 92 Leg.] 10-percent ratio. Basically we already anteed by the United States or by an entity YEAS—9 have a board that audits third-party of the United States Government. Coburn Lee Risch accountants, OMB, and a bank inspec- Mr. PAUL. Mr. President, first, we DeMint Moran Rubio tor general reviewing this. This amend- borrow billions of dollars from China, Hatch Paul Vitter ment basically would take away from India, and Saudi Arabia. Then we loan NAYS—89 money that actually goes to the Treas- it back to them again. Akaka Feinstein Menendez ury. Republicans rightly complain that Alexander Franken Merkley This Ex-Im Bank has generated $3.7 we are sending taxpayer money to the Ayotte Gillibrand Mikulski billion for taxpayers since 2005. My col- President’s major donors at Solyndra Barrasso Graham Murkowski Baucus Grassley Murray league would rather have that put and BrightSource. Now Republicans Begich Hagan Nelson (NE) aside as opposed to helping us pay need to be consistent and say we are Bennet Harkin Nelson (FL) down the deficit. It has a reserve ratio not going to send Ex-Im loans to even Bingaman Heller Portman that has worked for decades, worked bigger companies that are even more Blumenthal Hoeven Pryor Blunt Hutchison Reed successfully, and I like the fact that it profitable. If it is wrong for the govern- Boozman Inhofe Reid helps us pay down the deficit. Boxer Inouye ment to choose winners and send our Roberts I urge my colleagues to vote no on Brown (MA) Isakson money to corporations, we should say Sanders Brown (OH) Johanns the Corker amendment. Schumer it is wrong and we should vote against Burr Johnson (SD) The PRESIDING OFFICER. The Sessions this. Cantwell Johnson (WI) question is on agreeing to amendment Does anybody remember the Presi- Cardin Kerry Shaheen Carper Klobuchar Shelby No. 2102. dent threatening to increase taxes on Casey Kohl Snowe Mr. CORKER. Mr. President, I ask corporate jets? Ex-Im Banks are now Chambliss Kyl Stabenow for the yeas and nays. Tester going to increase the loans for cor- Coats Landrieu The PRESIDING OFFICER. Is there a porate jets tenfold. Cochran Lautenberg Thune Collins Leahy Toomey sufficient second? My amendment will stop this cha- Conrad Levin Udall (CO) There appears to be a sufficient sec- rade. My amendment will stop sending Coons Lieberman Udall (NM) ond. Warner taxpayer dollars overseas to countries Corker Lugar The clerk will call the roll. from whom we already are borrowing Cornyn Manchin Webb Crapo McCain Whitehouse The assistant legislative clerk called money. It makes no sense, and the Durbin McCaskill Wicker the roll. time is now to stop it. Enzi McConnell Wyden Mr. DURBIN. I announce that the The PRESIDING OFFICER. The Sen- NOT VOTING—2 Senator from West Virginia (Mr. ator’s time has expired. Kirk Rockefeller ROCKEFELLER) is necessarily absent. The Senator from Washington. The PRESIDING OFFICER. Under Mr. KYL. The following Senator is Ms. CANTWELL. Mr. President, this necessarily absent: the Senator from amendment is simply another attempt the previous order requiring 60 votes Illinois (Mr. KIRK). to gut the Export-Import Bank financ- for the adoption of this amendment, the amendment is rejected. The PRESIDING OFFICER. Are there ing that U.S. manufacturers use to in- any other Senators in the Chamber de- AMENDMENT NO. 2102 crease the sales of their products siring to vote? around the globe. Under the previous order, there will The result was announced—yeas 36, The amendment would prohibit U.S. be 2 minutes of debate equally divided nays 62, as follows: exporters from using the financing for prior to the vote in relation to amend- any country that owns U.S. debt. So ment No. 2102 offered by the Senator [Rollcall Vote No. 93 Leg.] basically we are saying we are going to from Tennessee, Mr. CORKER. YEAS—36 prohibit U.S. manufacturers, who make Mr. CORKER. Mr. President, the Alexander Barrasso Burr good products, from hoping to sell most important thing this amendment Ayotte Boozman Chambliss

VerDate Mar 15 2010 02:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.047 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3157 Coats Hutchison Paul cause we have not had the courage, for the adoption of this amendment, Coburn Inhofe Risch Cochran Isakson Rubio frankly, to extend the production tax the amendment is rejected. Collins Johnson (WI) Sessions credit for wind, and it has bipartisan AMENDMENT NO. 2104 Corker Kyl Shelby support; that is, the extension of the Under the previous order, there will Cornyn Lee Snowe wind production tax credit. So we have Crapo McCain Thune be 2 minutes of debate equally divided DeMint McConnell Toomey to pass that production tax credit im- prior to a vote in relation to amend- Enzi Moran Vitter mediately. But in the meantime, let’s ment No. 2104, offered by the Senator Grassley Murkowski Wicker not create a double whammy and pass from Pennsylvania, Mr. TOOMEY. NAYS—62 the Vitter amendment because that Mr. TOOMEY. Madam President, Akaka Hagan Mikulski would damage our opportunity to ex- there are two things we know about re- Baucus Harkin Murray port renewable energy projects and authorizing the Ex-Im Bank. We know Begich Hatch Nelson (NE) services. Without question, that sector our taxpayers are subject to a risk for Bennet Heller Nelson (FL) is expanding dramatically. It is the Bingaman Hoeven Portman which they are not fairly compensated Blumenthal Inouye Pryor source of a lot of jobs in my State and in the sense that Ex-Im necessarily Blunt Johanns Reed I think in every State in the Nation. systematically underprices the risk. Boxer Johnson (SD) Reid Let’s expand our markets. Let’s ex- Brown (MA) Kerry That is precisely why a borrower goes Roberts Brown (OH) Klobuchar port. Let’s not limit that possibility. to them. Sanders Cantwell Kohl The Vitter amendment would do just Schumer We also know it is unfair to a domes- Cardin Landrieu that, so I urge all of you to vote tic competitor that cannot obtain the Carper Lautenberg Shaheen Casey Leahy Stabenow against the Vitter amendment. financing at the same rate that a for- Conrad Levin Tester The PRESIDING OFFICER. The Sen- eign company can. We are told we Coons Lieberman Udall (CO) ator’s time has expired. should do this anyway because every- Durbin Lugar Udall (NM) The question is on agreeing to Feinstein Manchin Warner one else does it, because all of our com- Franken McCaskill Webb amendment No. 2103. petitors around the world subsidize Gillibrand Menendez Whitehouse Mr. THUNE. I ask for the yeas and their exports. Graham Merkley Wyden nays. So I would suggest the logical con- NOT VOTING—2 The PRESIDING OFFICER. Is there a clusion is we should work to phase out Kirk Rockefeller sufficient second? export subsidies all around the world. There appears to be a sufficient sec- The PRESIDING OFFICER. Under That is what this amendment does. It ond. reauthorizes Ex-Im. It lifts the limit of the previous order requiring 60 votes The clerk will call the roll. for the adoption of this amendment, the borrowing cap. But it makes it con- The bill clerk called the roll. tingent on the administration begin- the amendment is rejected. Mr. DURBIN. I announce that the ning a process of negotiating a phase- AMENDMENT NO. 2103 Senator from West Virginia (Mr. out of export subsidies. It makes the Under the previous order, there will ROCKEFELLER) is necessarily absent. be 2 minutes of debate equally divided Mr. KYL. The following Senator is second increase in the lending cap con- prior to a vote in relation to amend- necessarily absent: the Senator from tingent on an actual agreement that will, over time, get us all out of the ment No. 2103, offered by the Senator Illinois (Mr. KIRK). from Louisiana, Mr. VITTER. The PRESIDING OFFICER (Mrs. business of risking taxpayer dollars in export subsidies. The Senator from Louisiana. SHAHEEN). Are there any other Sen- Mr. VITTER. Mr. President, this ators in the Chamber desiring to vote? I think this is a sensible way. It will amendment is very simple. It simply The result was announced—yeas 37, allow an adjustment to take place for says that if we are going to have the nays 61, as follows: those who are dependent on this bank, but it will get taxpayers off the hook U.S. taxpayer, through the Ex-Im [Rollcall Vote No. 94 Leg.] Bank, finance and guarantee and loan in time. YEAS—37 money to traditional energy projects So I urge support. around the world, maybe we should Alexander Enzi Murkowski The PRESIDING OFFICER. The Sen- Ayotte Grassley Paul have the same policy and the same help Barrasso Hatch Risch ator from Washington. for U.S. projects producing U.S. energy Boozman Hoeven Rubio Ms. CANTWELL. Madam President, I here at home. That is, pure and simple, Burr Hutchison Sessions think this is a nonsensical provision. It Chambliss Inhofe Shelby says the bank can only make loans— what it is all about. This is not a theo- Coats Isakson retical concern. A year ago President Snowe can make more loans if there is an Coburn Johanns Thune Cochran Johnson (WI) Obama traveled to Brazil to praise the Toomey international agreement to terminate Corker Kyl development of their offshore industry, Vitter the bank. Cornyn Lee Wicker to give them U.S. taxpayer help Crapo McCain I know in Pennsylvania, Wallquest through the Ex-Im Bank. But policies DeMint McConnell finished 2010 with export sales over $17 million, a 61-percent increase because in this country were doing exactly the NAYS—61 opposite—hurting U.S. activity to it obtained Ex-Im financing. During Akaka Graham Murray produce U.S. energy, to produce U.S. Baucus Hagan Nelson (NE) the first 2 years, its workforce grew jobs. Begich Harkin Nelson (FL) from 80 to 150. Now I know that may If you want to create that reason- Bennet Heller Portman not be a big story, but it is the story of able, fair playing field to promote U.S. Bingaman Inouye Pryor the Ex-Im Bank. Blumenthal Johnson (SD) jobs here at home too, please support Reed So capping it and saying we are not Blunt Kerry Reid this amendment. Boxer Klobuchar Roberts going to give any more money for more Brown (MA) Kohl The PRESIDING OFFICER. The Sen- Sanders loans until we negotiate an end to the Brown (OH) Landrieu Schumer ator from Colorado. Cantwell Lautenberg bank, I think, is the wrong way to go. Mr. UDALL of Colorado. Mr. Presi- Cardin Leahy Shaheen I urge my colleagues to defeat the dent, the Senator from Louisiana has Carper Levin Stabenow Toomey amendment. the right intentions, but this amend- Casey Lieberman Tester The PRESIDING OFFICER. The Collins Lugar Udall (CO) ment would truly be a vote against Conrad Manchin Udall (NM) question is on agreeing to the Toomey U.S. jobs and manufacturing. It would Coons McCaskill Warner amendment. wrongly target renewable energy man- Durbin Menendez Webb Mr. TOOMEY. Madam President, I ufacturing, and it would threaten mil- Feinstein Merkley Whitehouse ask for the yeas and nays. Franken Mikulski Wyden lions of dollars in the export of U.S.- Gillibrand Moran The PRESIDING OFFICER. Is there a made products at a time when we sufficient second? There is a sufficient NOT VOTING—2 should be seeking to expand these mar- second. kets overseas. Kirk Rockefeller The clerk will call the roll. If you look particularly at the wind The PRESIDING OFFICER. Under The assistant legislative clerk called industry, it is already suffering be- the previous order requiring 60 votes the roll.

VerDate Mar 15 2010 01:43 May 16, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A15MY6.015 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3158 CONGRESSIONAL RECORD — SENATE May 15, 2012 Mr. DURBIN. I announce that the Bagramian, and Charles Yi, who did ex- STOP THE STUDENT LOAN INTER- Senator from West Virginia (Mr. ceptional work in the Banking Com- EST RATE HIKE ACT OF 2012—MO- ROCKEFELLER) is necessarily absent. mittee to help us get to this point TION TO PROCEED Mr. KYL. The following Senator is today. Mr. REID. Madam President, I move necessarily absent: the Senator from I am also pleased this bill, which now to proceed to Calendar No. 365. Illinois (Mr. KIRK). passed out of the Banking Committee The PRESIDING OFFICER. The The PRESIDING OFFICER. Are there with unanimous bipartisan support, clerk will report the motion. any other Senators in the Chamber de- served as the framework for the House The bill clerk read as follows: siring to vote? bill before us today. Once again, I A bill (S. 2343) to amend the Higher Edu- The result was announced—yeas 35, strongly urge a ‘‘yes’’ vote on this im- cation Act of 1965 to extend the reduced in- nays 63, as follows: portant jobs legislation. terest rate for Federal Direct Stafford [Rollcall Vote No. 95 Leg.] I yield the floor. Loans, and for other purposes. YEAS—35 The PRESIDING OFFICER. Is there f Alexander Enzi Paul further debate? EXECUTIVE SESSION Ayotte Grassley Portman Barrasso Hatch Risch If not, the question is on third read- Boozman Hutchison ing of the bill. Rubio NOMINATION OF JEREMY C. STEIN Burr Inhofe Sessions The bill was ordered to a third read- Chambliss Isakson TO BE A MEMBER OF THE Shelby ing and was read the third time. Coats Johnson (WI) Snowe BOARD OF GOVERNORS OF THE Coburn Kyl Thune The PRESIDING OFFICER. The Corker Lee FEDERAL RESERVE SYSTEM— Toomey question is, Shall the bill pass? Cornyn McCain MOTION TO PROCEED Vitter Crapo McConnell Mr. KERRY. I ask for the yeas and Wicker Mr. REID. Madam President, I move DeMint Moran nays. to proceed to executive session to con- NAYS—63 The PRESIDING OFFICER. Is there a sider Calendar No. 646, Jeremy C. Akaka Gillibrand Merkley sufficient second? Stein, of Massachusetts, to be a mem- Baucus Graham Mikulski There is a sufficient second. Begich Hagan Murkowski ber of the Board of Governors of the Bennet Harkin Murray The clerk will call the roll. Federal Reserve System. Bingaman Heller Nelson (NE) The bill clerk called the roll. The PRESIDING OFFICER. Without Blumenthal Hoeven Nelson (FL) objection, the clerk will report the Blunt Inouye Pryor Mr. DURBIN. I announce that the Boxer Johanns Reed Senator from West Virginia (Mr. nomination. Brown (MA) Johnson (SD) Reid ROCKEFELLER) is necessarily absent. The bill clerk read as follows: Brown (OH) Kerry Roberts Mr. KYL. The following Senator is The Senator from Nevada [Mr. REID] moves Cantwell Klobuchar Sanders to proceed to calendar No. 646, Jeremy C. Cardin Kohl Schumer necessarily absent: the Senator from Stein, of Massachusetts, to be a member of Carper Landrieu Shaheen Illinois (Mr. KIRK). Casey Lautenberg Stabenow the Board of Governors of the Federal Re- Cochran Leahy Tester The PRESIDING OFFICER. Are there serve System. Collins Levin Udall (CO) any other Senators in the Chamber de- CLOTURE MOTION Conrad Lieberman Udall (NM) siring to vote? Coons Lugar Warner Mr. REID. Madam President, I send a Durbin Manchin Webb The result was announced—yeas 78, cloture motion to the desk with re- Feinstein McCaskill Whitehouse nays 20, as follows: spect to the Stein nomination. Franken Menendez Wyden [Rollcall Vote No. 96 Leg.] The PRESIDING OFFICER. The clo- NOT VOTING—2 ture motion having been presented YEAS—78 Kirk Rockefeller under rule XXII, the Chair directs the Akaka Feinstein Mikulski clerk to read the motion. The PRESIDING OFFICER. Under Alexander Franken Moran The bill clerk read as follows: the previous order requiring 60 votes Ayotte Gillibrand Murkowski Baucus Graham Murray CLOTURE MOTION for the adoption of this amendment, Begich Hagan Nelson (NE) the amendment is rejected. Bennet Harkin Nelson (FL) We, the undersigned Senators, in accord- Under the previous order, there will Bingaman Heller Portman ance with the provisions of rule XXII of the Blumenthal Hoeven Pryor Standing Rules of the Senate, hereby move be 2 minutes of debate equally divided Blunt Hutchison Reed to bring to a close debate on the nomination prior to a vote on passage of the bill Boozman Inouye Reid of Jeremy C. Stein, of Massachusetts, to be before us. Boxer Isakson Roberts a Member of the Board of Governors of the The Senator from South Dakota. Brown (MA) Johanns Schumer Federal Reserve System. Brown (OH) Johnson (SD) Sessions Mr. JOHNSON of South Dakota. Burr Kerry Shaheen Harry Reid, Patrick J. Leahy, Jeff Madam President, I urge all Senators Cantwell Klobuchar Shelby Bingaman, Christopher A. Coons, Carl to support final passage of the Export- Cardin Kohl Snowe Levin, Ron Wyden, Ben Nelson, Joseph Import Bank Reauthorization Act. Carper Landrieu Stabenow I. Lieberman, Jeanne Shaheen, Richard Casey Lautenberg Tester Blumenthal, John F. Kerry, Kirsten E. Passing this bill today will make sure Chambliss Leahy Thune Gillibrand, Barbara Boxer, Dianne American exporters will not be put at a Coats Levin Udall (CO) Feinstein, Sheldon Whitehouse, Jeff disadvantage to their foreign competi- Coburn Lieberman Udall (NM) Cochran Lugar Warner Merkley, John D. Rockefeller IV, Tim tors, that nearly 300,000 American jobs Collins Manchin Webb Johnson. will not be put at risk, and that the Ex- Conrad McCaskill Whitehouse f Im Bank will continue to return hun- Coons Menendez Wicker dreds of millions of dollars to the Durbin Merkley Wyden NOMINATION OF JEROME H. POW- Treasury. NAYS—20 ELL TO BE A MEMBER OF THE I want to thank many of my col- Barrasso Hatch Paul BOARD OF GOVERNORS OF THE leagues for their leadership on this Corker Inhofe Risch FEDERAL RESERVE SYSTEM issue, including Ranking Member Cornyn Johnson (WI) Rubio Mr. REID. Mr. President, I now move Crapo Kyl SHELBY, Senator WARNER, Senator Sanders DeMint Lee Toomey to proceed to executive session to con- CANTWELL, and Majority Leader REID. Enzi McCain Vitter sider Calendar No. 647, Jerome H. Pow- I would also like to take this oppor- Grassley McConnell ell, of Maryland, to be a member of the tunity to recognize my staff for their NOT VOTING—2 Board of Governors of the Federal Re- hard work and important contributions Kirk Rockefeller serve System. to building bipartisan support for the The PRESIDING OFFICER. Without reauthorization of the Ex-Im Bank. The PRESIDING OFFICER. The 60- objection, it is so ordered. In particular, I want to say a special vote threshold having been achieved, The clerk will report the nomination. thanks to Patrick Grant, Colin the bill is passed. The bill clerk read the nomination of McGinnis, Adam Healy, Lev The majority leader is recognized. Jerome H. Powell, of Maryland, to be a

VerDate Mar 15 2010 01:43 May 16, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A15MY6.017 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3159 member of the Board of Governors of related disasters. If the program ex- I would make one other point. We the Federal Reserve System. pires, new housing construction will will not have time in December to fix CLOTURE MOTION stall, new housing construction will this, with everything else that is com- Mr. REID. I send a cloture motion to come to a halt, and taxpayers will be ing up. So the time to fix this is now. the desk with respect to that nomina- on the hook for future disasters. I will not object to the 5-year reauthor- tion. We have not been able to bring flood ization coming to the floor. I don’t The PRESIDING OFFICER. The clo- insurance to the floor because we have think anybody on our side will as well. ture motion having been presented had a lot of problems with Senate pro- We should address this and be done under rule XXII, the Chair directs the cedure that some believe is abusive. It with it. But another short-term exten- clerk to read the motion. has left us with so little time. As you sion is not what this country needs. We The bill clerk read as follows: see, I have filed cloture on two nomina- cannot afford losing another $900 mil- tions to the Federal Reserve. I will file CLOTURE MOTION lion, plus the American taxpayer is on later on a judge who has been waiting the hook for $1.34 trillion with this pro- We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the for almost a year. gram right now. The average subsidy Standing Rules of the Senate, hereby move No one believes there is enough time to the average home—not the vacation to bring to a close debate on the nomination to pass, conference, and enact a long- home—is over $1,000 a year. of Jerome H. Powell, of Maryland, to be a term flood insurance bill before the end I have no objection to supporting Member of the Board of Governors of the of this month, so under the situation those who actually need our help, who Federal Reserve System. we will have to do another short-term are in flood-prone areas. But for those Harry Reid, Patrick J. Leahy, Jeff extension simply to keep the bill from who have the tremendous benefit and Bingaman, Christopher A. Coons, Carl expiring. Thus I will seek to pass an ex- the opportunity to have second and Levin, Ron Wyden, Ben Nelson, Joseph tension of this important program now. I. Lieberman, Jeanne Shaheen, Richard third homes, I think it is objectionable Blumenthal, John F. Kerry, Kirsten E. Therefore, I ask unanimous consent we continue to subsidize their purchase Gillibrand, Barbara Boxer, Dianne the Senate proceed to consideration of of flood insurance. Feinstein, Sheldon Whitehouse, Jeff Calendar No. 366, S. 2344, which is an With that, I object. Merkley, John D. Rockefeller IV, Tim extension of the National Flood Insur- The PRESIDING OFFICER. The ma- Johnson. ance Program, that that bill be read a jority leader. Mr. REID. Mr. President, I ask unan- third time, passed, the motion to re- Mr. REID. Mr. President, before my imous consent to waive the mandatory consider be laid on the table, and there friend leaves the floor, I hope we can do quorum under rule XXII for both clo- be no intervening action or debate. a short-term bill. As my colleague ture motions. The PRESIDING OFFICER. Is there knows, the impediment to the regular The PRESIDING OFFICER. Without objection? function of the Senate this year has objection, it is so ordered. The Senator from Oklahoma. been the offering of irrelevant amend- Mr. COBURN. Mr. President, I object. ments. I am wondering if I could say f I will hold my comments until after through the Chair to my friend, the LEGISLATIVE SESSION the majority leader finishes his talk, so junior Senator from Oklahoma, what Mr. REID. Mr. President, I move to I can explain my position. kind of agreement does he think we Mr. REID. The Senator can go ahead proceed to legislative session. can get on the number of amendments if he wishes. The PRESIDING OFFICER (Mr. BEN- on something like this? Mr. COBURN. The majority leader Mr. COBURN. Mr. President, I would NET). Without objection, the Senate re- wants me to go ahead? sumes legislative session. respond to the majority leader through Mr. REID. Seriously, I am anxious to the Chair and say I will help him in f hear it. any way I could with my side of the PASSAGE OF THE EXPORT-IMPORT Mr. COBURN. We have had 14 short- aisle to make sure we have cogent BANK REAUTHORIZATION ACT term extensions to the National Flood amendments to this bill and also agree Insurance Program. That is over the to a limited number of them, since it is Mr. REID. Mr. President, I want to 1 past 4 ⁄2, 5 years. There is a bill set to important that we reauthorize this express my appreciation for the good be brought to the floor. Yet we are program. work done on this most important going to have a short-term extension Mr. REID. I say again through the measure that just passed the Senate on again. Chair to my friend, how many amend- the Export-Import Bank. It was re- This program is not financially sound ments does he think he would need? ported out of the Banking Committee. and it is not self-sustaining. It runs a Mr. COBURN. One or two. Senator JOHNSON did a great job with $900 million deficit every year. What is Mr. REID. I thank my friend from his committee. the National Flood Insurance Pro- Oklahoma. It is something I wish to be In addition to that, the work of Sen- gram? Do we need it? Yes. Am I object- able to do. We have so much to do—we ator CANTWELL was exemplary. She is a ing that we do need it? No. But the have the farm bill, we have cyber secu- terrific legislator. When she gets her vast majority of the moneys that are rity, we have the FDA bill, I am filing teeth in something, she won’t let go expended by hard-working Americans cloture on nominations—people who and she would not let us take our eye go to subsidize the insurance for home- have been waiting to change their off the prize; that is, passing this im- owners of second and vacation homes. lives. So I am sorry we cannot legislate portant legislation. I have such admi- Multiple times in the Senate and in the more. ration for her legislative skills, and at House, both sides have concurred that I have sympathy with my friend from this time I spread across the RECORD this should be taken away, this subsidy Oklahoma. I don’t agree with every- my admiration and congratulations on for those in terms of second homes and thing he said, but this is a program this legislation, which means so much vacation properties. that needs to be changed and I recog- to her and the entire country. What I would expect, if we are going nize that. I will continue working with f to do an extension, is that then we my friend. Maybe there is some way we ought to do an extension with some- can work together and figure out a way UNANIMOUS CONSENT REQUEST— thing that both bodies have already to move this forward. It is hard. S. 2344 passed, which includes making those What I would suggest is I would be Mr. REID. Mr. President, the na- people who have properties eight times happy to work on my side, because tional flood insurance program is to ex- the average value of the rest of the Senator JOHNSON has talked to me pire the end of May, this month. The homes in the flood insurance program twice today on this legislation, to fig- insurance program provides coverage carry their fair share of their insur- ure out what amendments my folks for almost 6 million people who work ance. So I am not inclined, no matter want to offer, because they want to in flood zones. It is self-sustaining. For what happens to the flood insurance offer amendments. If my friend from more than 40 years it has guarded program, to allow us to continue to ex- Oklahoma would also make a decision American homeowners against flood- tend. on his side of, as he indicated, cogent

VerDate Mar 15 2010 01:43 May 16, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.055 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3160 CONGRESSIONAL RECORD — SENATE May 15, 2012 amendments, relevant amendments, we lence. Apparently, my Republican col- our comprehensive approach to protect could put this in a little package and leagues in the House do not share that and empower women, and it must re- move to it without having to file clo- view. Republicans in the House have main so. Since the passage of VAWA in ture and do these amendments. I wish introduced a bill that would not pro- 1994, there has been enormous positive to do that. tect all women. Their bill would roll change. I will work on my side to find out back protections for certain vulnerable From 1993 to 2010, the rate of inti- what amendments there are. If my populations. It would strip provisions mate partner violence declined 67 per- friend will do that, on Monday or Tues- in the Senate bill that protect women cent. More victims are reporting vio- day we will talk about this and see if from discrimination and abuse, specifi- lence to police, and those reports are we can get a very concise agreement to cally Native American women, the resulting in more arrests and prosecu- do it. This is important legislation. My LGBT community, and for undocu- tions. VAWA is working, but there are friend is not denying that. But I think mented immigrants it actually rolls still women who need protection. we do have to make some changes in it. back protections they have under cur- For example, in 1 day in New Jersey, I am happy to move forward on it. I rent law. a survey found that domestic violence think the House is going to take some- We have seen that violence against programs assisted 1,292 victims. On thing up real soon. women is an epidemic and it plagues that same day, New Jersey domestic I yield the floor. all of us, not just some of us. We have violence hotlines answered 444 phone The PRESIDING OFFICER. The Sen- fought against it, we have tried to end calls. So our work on this issue is not ator from Oklahoma. it, we have established programs and yet done. Mr. COBURN. If the Senator from policies at the national and State lev- Looking to the merits of the reau- New Jersey will give me a courtesy of els to mitigate it. We have stood with thorization, let me highlight, for the 5 minutes to speak as in morning busi- the victims of domestic violence. Now record, several critical changes in the ness and I will be through. we must stand and reaffirm our out- legislation—changes that did not sim- I appreciate what the majority leader rage. ply extend successful programs but It is in my mind a no-brainer. I am, has said. I will work my side of the built upon them. Every reauthorization frankly, hard-pressed to understand aisle, to see if the possibility of moving of the Violence Against Women Act has why anyone would stand in the way of this is there and I will give it my 100- denouncing violence against any incorporated new understanding and percent effort between now and next woman, no matter who they are, no updated knowledge, and this reauthor- Monday when I see the majority leader matter what their sexual orientation ization was and should be no different. to see if we cannot do it. or citizenship. I am hard-pressed to un- First and foremost, the Senate reau- I will make a couple of points. Our derstand why anyone would choose to thorization includes additional train- Nation is in big trouble and we are not exclude violence against certain ing for law enforcement, victim serv- acting as if it is in big trouble. It seems women, turn back the clock to a time ices, and courts that increase the focus that the way we are operating is from when such violence was not recognized, on high-risk offenders and victims, in- crisis to crisis. That is not good for the was not a national disgrace, and make cluding connecting high-risk victims country, it is not good for the agencies, a distinction when and against whom with crisis intervention services. I am it is certainly not good for the individ- such violence meets our threshold of sure no one can argue against that. uals, and it makes it where we actually outrage. There can be no such thresh- Second, the Senate bill strengthens cannot do effective legislating. old and no such distinction. Violence our response to sexual assault while in- The idea behind the flood insurance against any woman is an outrage, plain creasing the connection to nonprofit program is almost 50 years old. There and simple. groups. Sexual assault coalitions in is nothing wrong with its intent. But Is the message to be that we are will- every State have been indispensable al- we cannot afford $900 million a year in ing for some reason that in my mind lies. I met with a large roundtable be- subsidies to the very wealthy in this defies logic to accept violence against fore our debate and discussions in the country for their second or vacation certain women? Because that seems to Senate, and this bill supports their ef- homes. If we are talking about fairness, be the message the other body is send- forts. It included a 20-percent setaside as the President talks, then it is time ing us. I cannot believe anyone would for assistance to States for sexual as- to reform this program—whether it is take such a position, but that is ex- sault programs and also included re- with an extension or not—this compo- actly what we would do if we listened forms to reduce the unprecedented nent of it where there is a fair pre- to our Republican House colleagues, backlog of rape kits. mium, where we are not subsidizing and that is completely unacceptable to I have been proud to support funding those who can in fact take care of this Senator and should be unaccept- to reduce this backlog. Just recently I themselves in this country. able to every Member of Congress and supported Senator LEAHY’s effort to Whether it is this bill or the farm bill every American. If our friends on the fund the Debbie Smith DNA Backlog where we are subsidizing 4 percent of other side deny they are waging a po- Grant Program at the current level of the farmers with 60 percent of the crop litical and cultural war against women, $125 million with at least $90 million insurance premium, it is the same then why are they willing to accept an directly spent on reducing the DNA issue. actual war against certain women by backlogs. I am happy to say the Vio- I look forward to working with the excluding them from protection under lence Against Women Act will make majority leader and I will do my part the Violence Against Women Act? important strides to reduce the back- to try to gather up the amendments The reauthorization of the Violence log. that might be there and work with our Against Women Act doesn’t just affect Most importantly, given the debate leadership to try to bring this bill to those who are or might become victims on this legislation, this reauthoriza- the floor. of sexual violence or domestic violence; tion recognizes that domestic and sex- I thank the Senator from New Jer- it affects all of us. Nearly one in five ual violence affects all groups regard- sey. women reports being the victim of rape less of their sexual orientation. We in- The PRESIDING OFFICER. The Sen- or attempted rape. One in six reports cluded commonsense protections ator from New Jersey. being stalked. One in four reports hav- against discrimination on race, reli- f ing been beaten by their partner. Of gion, national origin, sex, and dis- those who report being raped, 80 per- ability because it is, quite simply, the VIOLENCE AGAINST WOMEN ACT cent report being raped before the age right thing to do because all violence Mr. MENENDEZ. Mr. President, I of 25. The short-term physical and emo- against women is an outrage to all of rise to speak about the Violence tional trauma of such an event cannot us. Against Women Act that the Senate be overstated. Domestic and sexual vio- For the first time the Senate bill es- passed, but we seem to have a chal- lence is an issue that affects us all, and tablished the fundamental notion that lenge with our colleagues in the House we must all be part of a solution. victims cannot be denied services based of Representatives. In my view, vio- Since 1994, the Violence Against on gender identity or sexual orienta- lence against any woman is still vio- Women Act has been the centerpiece in tion. We included provisions to protect

VerDate Mar 15 2010 01:43 May 16, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.056 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3161 immigrant victims of violence and Na- called the U Visa Program, would be a In 1892 Andrew Balfour of Kiowa tive American victims. hollow shell of its former self. The per- County was filling his duties as a local In the Senate the bill passed 68 to 31 manent visa would now be temporary, sheriff and pursuing a man who was with a dozen Republicans voting in reducing the incentive for immigrants wanted for theft when he was mortally support of the final legislation despite to take the risk and assist law enforce- wounded. Andrew passed away at the Republican attempts to weaken the bill ment in identifying the person who young age of 41, leaving behind a wife during the Senate’s consideration of may have committed a sexual rape. and six children. the legislation. Unfortunately, Repub- Of course proponents claim these re- In 1992, William Bloomfield, a deputy licans in the House are attempting to forms are needed to combat ‘‘fraud’’ in sheriff, was serving in Bourbon County weaken the bill and do what a minority the system. But I have to ask: What and arresting a well-known killer when in the Senate could not. For the first fraud? To obtain a U visa in the first he was killed during a fierce gun bat- time in the nearly 20-year history of place, law enforcement personnel must tle. the Violence Against Women Act, the personally sign off. Is there a sugges- These two men were killed while car- House reauthorization doesn’t expand tion that somehow the law enforce- rying out their duties. Rather than protections but instead eliminates a se- ment personnel are engaged in a fraud? shirk from danger, police officers face ries of them. There is no evidence of fraud in this danger with courage, and that is ex- In its version, the House sent an un- program. The simple enforcement tech- actly what these two men did. deniable message: If you are Native nique has proven profoundly effective. Just 5 months ago, Kansans were American, LGBT, or undocumented, Yet the House insists on adding addi- grieved by the loss of another officer, you do not deserve protection. That is tional burdens on a vulnerable popu- SGT David Enzbrenner of Atchison, the House message. lation only to fight a nonexistent prob- KS. On December 9, 2001, David joined To start, LGBT victims do not re- lem. a fellow officer on a routine call to see ceive the protection they need in the Moreover, allowing these abusers to a local resident. As they were turning House bill. Professionals in the field go free puts more criminals in our com- to leave the front steps of the home, a specifically requested nondiscrimina- munity who can then victimize more person suddenly appeared and opened fire on David without warning. This tion provisions based upon their direct women in the future. Our whole goal is act of violence was unprovoked and for- experiences. Studies on the issue only to end the abuse and to get the abuser ever robbed the Enzbrenner family of confirm this need: 45 percent of LGBT to ultimately face up to their punish- their father, husband, and the Atchison victims were turned away from domes- ment. Instead we would say: Oh, no. tic violence shelters, and 55 percent community of a loyal public servant. Let the abuser go ahead and continue When we lose someone in a commu- were denied protective orders. The Sen- their abuse, and we will subject the nity in Kansas, it is not just a name to ate version ensures all victims, gay or victim ultimately to a set of cir- us. It is somebody we go to church straight, share in the protections of cumstances in which not only will they with, it is somebody we see at our kids’ VAWA. But the House version denies not come forth and talk about the activities at school, it is somebody we these critical protections to LGBT vic- abuse, we will subject the victim ulti- know and care for. That is how Atch- tims. mately to facing even greater chal- ison felt about David. Under the House legislation, immi- lenges in their lives. In remembering David, Atchison grant victims of violence would fare far Knowing what is at stake and what it Mayor Allen Reavis said: worse than under current law—far would mean to the many victims of do- He was No. 1 father, No. 1 husband, No. 1 worse than under current law. Domes- mestic violence and sexual violence, partner to his fellow officers, No. 1 son. tic violence advocates tell us that there is no question we must pass final Inscribed on the National Law En- often abusers threaten their significant legislation as soon as possible. The de- forcement Memorial in Washington are others that they will take them to the bate should be about one thing and one these words: authorities with the possibility of de- thing only: protecting victims, all vic- It is not how these officers died that made portation unless they continue to sub- tims. Each and every one of these them heroes, it is how they lived. mit themselves to dangerous and inhu- women in these categories is, in fact, a Police Chief Mike Wilson served mane treatment. victim. There should be no differentia- alongside David for 24 years and re- The Violence Against Women Act tion and there should be protection for ferred to the words inscribed on the provides a way out, but the House all. National Law Enforcement Memorial version of that law does away with con- I yield the floor when he said this about his former col- fidentiality protections for immigrant The PRESIDING OFFICER. The Sen- league and friend: victims. Studies have shown that vic- ator from Kansas. Those words speak directly to David. How tims are most vulnerable immediately Mr. MORAN. Mr. President, I ask true about our brother. before or after they leave the abuser. unanimous consent to address the Sen- David was dedicated to his family, VAWA protects these victims with con- ate as in morning business. his fellow law enforcement officers, fidentiality when they come forward to The PRESIDING OFFICER. Without and his community. He was well known seek help. The House version instead objection, it is so ordered. in Atchison and well loved. David at- creates a cruel possibility that in seek- f tended high school there and served in ing help, the victim will be exposed and HONORING FALLEN KANSAS the Atchison Police Department for 24 face more abuse. How perverse is that? years. David was also on the board of House Republicans would put burden- POLICE OFFICERS trustees at his local church and found Mr. MORAN. Mr. President, earlier some new requirements on immigrant great joy in teaching and coaching his today I attended a memorial service to victims and give them less help than daughters on their softball teams. they receive under the current law. honor our Nation’s law enforcement of- Last December I witnessed the im- The abuser often possesses the relevant ficers who laid down their lives to pro- pact that David had on the local com- evidence while the abused faces lan- tect their fellow citizens. Since 1962, munity when I attended his memorial guage barriers, isolation, and limited May 15 has stood as a day of remem- service and more than 2,000 people access to legal representation. brance for the many fallen police offi- gathered to pay their respects to him. In past Violence Against Women Act cers who faithfully served our commu- During the service, many moving trib- debates, we have had wide bipartisan nities and our Nation. They must never utes were read about David and how he consensus around protections for these be forgotten. lived his life. One that stood out from victims because a victim is a victim is This year 362 names were added to among the others was a statement a victim. But the House reauthoriza- the National Law Enforcement Officers from David’s wife Kerri. She said this tion ignores this consensus and places Memorial, and among those names about her husband: an unimaginable burden on self-peti- were three brave officers from Kansas. David was a man of few words. He always tioners. Two of these men died in the line of tried to keep a simple life. And when I ques- Under the House proposal, the pro- duty many years ago, but we paused tioned things, he would remind me that it’s gram to protect immigrant victims, today to remember their sacrifice. okay sometimes not to understand.

VerDate Mar 15 2010 01:43 May 16, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.057 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3162 CONGRESSIONAL RECORD — SENATE May 15, 2012 We don’t fully understand. We don’t the law by failing to state that same- confidant, and mentor, Chuck Colson, understand at all why David’s life was sex couples will have equal access to whose life we will celebrate tomorrow taken or why the lives of more than services, by decreasing protections for at a memorial service at the National 19,000 officers we remembered today immigrant victims, and by declining to Cathedral. ended so soon. But we express our grat- expand the jurisdiction of tribal courts. It has been said that a man’s char- itude for their service and dedication One example of some of the changes acter can be tested by the way he re- to their communities and to our coun- in the House bill, where I think it fails, sponds to adversity. If that is the case, try. is around protections the Senate bill Chuck Colson’s character was one of During National Police Week, we also provides to women students on college remarkable strength, tenacity, faith, remember their families and the loved campuses. and humility. ones they left behind. May God comfort The Senate bill provides strong pro- Chuck was a brilliant man with a re- them in their time of grief and be a tections that have been omitted in the sume of impressive accomplishments source of strength for them. May he House bill. The Senate bill includes a at a very young age: A scholarship to also protect all those who continue to provision requiring a university to im- an Ivy League school and a law degree serve today. plement prevention programs, teaching from George Washington University; a I want to especially mention David all students, male and female, how to veteran and, at one time, the youngest Enzbrenner’s wife Kerri and his three help prevent sexual violence and dating captain in the Marine Corps; a former teenage daughters Avery, Abbi, and violence, including bystander edu- chief of staff to a U.S. Senator from Celia. I want them to know we honor cation. Massachusetts; and then top assistant the way David lived his life and tell The Senate bill also requires a uni- and legal counsel to the President of them we love and care for them today versity to make reasonable accom- the United States. and always. modations for students who need to Now, this does not sound like the I yield the floor. change their living, working, or aca- type of man who would find himself sit- I suggest the absence of a quorum. demic situation as a result of being vic- ting alone in a Federal prison cell, but The PRESIDING OFFICER. The timized. For example, if a young that is exactly what happened to clerk will call the roll. woman is the victim of an assault and Chuck Colson, and what happened The assistant legislative clerk pro- her attacker lives in her dorm, what there changed his life forever. Known as President Nixon’s ‘‘hatchet ceeded to call the roll. the Senate bill would do is require the man,’’ Colson pleaded guilty to ob- Mrs. SHAHEEN. Mr. President, I ask university to help that young woman struction of justice in the Daniel unanimous consent that the order for find another place to live. Unfortu- Ellsberg case during the Watergate the quorum call be rescinded. nately, these kinds of protections are scandal and went from White House The PRESIDING OFFICER. Without not included in the House bill. objection, it is so ordered. Special Counsel to incarcerated felon. The Department of Justice recently In 1974, Chuck Colson entered Max- VIOLENCE AGAINST WOMEN ACT estimated that 25 percent of college well Federal Prison Camp in Alabama. Mrs. SHAHEEN. Mr. President, I women will be victims of rape or at- This fall from perhaps the closest con- come to the floor today to join my col- tempted rape before they graduate fidant of the President of the United league, Senator MENENDEZ, and I think within a 4-year college period, and States to a Federal prison cell is about some of our other colleagues who will women between the ages of 16 to 24 will as far and as deep as anyone can fall. be here soon, to reaffirm our commit- experience rape at a rate that is four That is what we call hitting rock bot- ment to the reauthorization of the Vio- times higher than the assault rate for tom. But rock bottom for Chuck lence Against Women Act. That act re- all women. Colson became a time of repentance, a cently passed out of the Senate with a There is no doubt this is a serious time of grace, and a time of trans- strong bipartisan vote that recognizes problem. The safeguards we imple- formation. our bipartisan commitment to end do- mented in the Senate bill must be pre- Far from the Rose Garden, it was be- mestic and sexual abuse, stalking, and served if we are to provide the protec- hind those prison bars where Chuck dating violence. The House of Rep- tions that young women and men in Colson made one of the most important resentatives will soon be taking a vote college deserve. decisions of his life—one that would on their proposed counterpart to the When we were working on our reau- impact the lives of thousands. He de- Violence Against Women Act, and I thorization in the Senate, I had a cided to dedicate the rest of his life want to address some of the concerns I chance to meet with case workers at serving the God he loved. have with the bill that is on the floor crisis centers and with some of the vic- Scripture in Proverbs reads: in the House. tims of domestic violence in New Trust in the Lord with all your heart and What we have seen in this country is Hampshire. lean not on your own understanding; in all that domestic violence has a signifi- I heard from one woman who said if your ways submit to him, and he will make cant impact on families, on victims. It it had not been for that 24-hour hotline your paths straight. comprises the very stability of our and her caseworker at the Bridges Cri- With a redemption that can only towns and communities. The Violence sis Center in Nashua, she would never come through the grace of God, and Against Women Act provides essential have been able to leave her abuser. She with a renewed sense of vision, Chuck resources for victims and for law en- was finally able to stand up for herself did just that. He put his trust in the forcement. I was pleased to see so and end the terrible cycle of abuse be- Lord and submitted to Him. He decided many of us in the Senate put politics cause of the Violence Against Women to let God write the story of his life aside and support this important reau- Act. rather than trying to control his own thorization. All victims should have equal access destiny. Unfortunately, the House version of to these important resources, and it is That transformation is the story we the reauthorization of the Violence imperative this bill provide that. will celebrate tomorrow at the Na- Against Women Act does not provide So I urge my colleagues in the House tional Cathedral—a story of redemp- the same level of protection for vic- to insist on these essential components tion and a testament to the power of tims, and it does not include some re- so we can move forward on this reau- God’s forgiveness and love. sources that have specifically been re- thorization and we can protect all of Chuck Colson’s experience in prison quested by law enforcement. the victims of domestic violence. and his renewed sense of vision opened In the House bill protections are di- Mr. President, I yield the floor. his eyes to a sector of our society that minished for college students, for les- The PRESIDING OFFICER. The Sen- is often forgotten. Once a prisoner him- bian, gay, and transgender victims, for ator from Indiana. self—and having experienced the depth immigrants, and for Native Americans. f of his own need for repentance and The Senate bill strengthens the Vio- transformation; even those at the very lence Against Women Act to provide REMEMBERING CHUCK COLSON bottom of society—Chuck believed that more protections to more women and Mr. COATS. Mr. President, I rise this God could change them and any willing their families. The House bill weakens evening to honor a longtime friend, heart.

VerDate Mar 15 2010 01:43 May 16, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.058 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3163 As described in the first two of his a gift for you. It is a precious gift, and sumed—utterly consumed—by his calling to many published books—the first one, one I do not want to give, but I think serve prisoners, ex-prisoners and their fami- ‘‘Born Again,’’ and the second one, this gift can be more useful to someone lies. Many wondered at Chuck’s sudden conver- ‘‘Life Sentence’’—Chuck dedicated his who can speak as a U.S. Senator than sion to Christianity. He seemed to wonder at now transformed life to serving prison to someone like me who can speak as it himself. He spent each day that followed, inmates and the families of prisoners. head of Prison Fellowship. for nearly 40 years, dazzled by his own im- In 1976, he practiced what he That gift was a young man by the plausible redemption. It is the reason he preached and founded Prison Fellow- name of Michael Gerson, who had, after never hedged or hesitated in describing his ship, a Christian ministry to give pris- leaving college, worked for Prison Fel- relationship with Jesus Christ. Chuck was possessed, not by some cause, but by some- oners the opportunity to experience lowship and, both through policy deci- one. the radically transforming power of sions and through the written word, He stood in a long line of celebrated con- Christ that he had experienced himself. helped Chuck with his ministry. verts, beginning with the Apostle Paul on Chuck Colson’s ministry took him to This young man worked for me for a the Damascus road, and including figures visit 600 prisons in the United States number of years, and I was the voice of such as John Newton, G.K. Chesterton and and in 40 other countries. He worked his thinking and the voice of his writ- Malcolm Muggeridge. They were often re- relentlessly to improve prison condi- ceived with skepticism, even contempt. Con- ten messages. He went on to become a version is a form of confession—a public ad- tions, increase access to religious pro- speech writer for a Presidential can- mission of sin, failure and weakness. It grams, and provide resources and sup- didate and then the chief speech writer brings out the scoffers. This means little to port to the families of prisoners. for President George W. Bush. the converted, who have experienced some- Prison ministry was not his only pas- Michael Gerson wrote a piece that thing more powerful than derision. In his sion. In his later years, Chuck focused was published in the Washington Post poem, ‘‘The Convert,’’ Chesterton concludes: his efforts on developing other Chris- on April 22 titled ‘‘Charles Colson ‘‘And all these things are less than dust to me/ Because my name is Lazarus and I live.’’ tian leaders who could influence their found freedom in prison.’’ I think that Prison often figures large in conversion communities through their faith. This piece certainly is worth reading. I ask stories. Pride is the enemy of grace, and pris- became the cornerstone of the Chuck unanimous consent that the article be on is the enemy of pride. ‘‘How else but Colson Center for Christian Worldview, printed in the RECORD immediately fol- through a broken heart,’’ wrote Oscar Wilde a research and training center estab- lowing my remarks. after leaving Reading Gaol, ‘‘may Lord lished to promote Christian worldview The PRESIDING OFFICER. Without Christ enter in?’’ It is the central paradox of teaching. objection, it is so ordered. Christianity that fulfillment starts in empti- Chuck has touched the lives of many ness, that streams emerge in the desert, that (See exhibit 1.) freedom can be found in a prison cell. people through his ministry, books, Mr. COATS. Mike Gerson said in his Chuck’s swift journey from the White House lectures, and charity work. I am one of column: to a penitentiary ended a life of accomplish- those who is personally grateful for the Chuck led a movement of volunteers at- ment—only to begin a life of significance. positive influence he has had on my tempting to love some of their least lovable The two are not always the same. The de- life. neighbors. This inversion of social prior- struction of Chuck’s career freed up his It was in April 1976 that I attended an ities—putting the last first—is the best evi- skills for a calling he would not have chosen, annual Fort Wayne, IN, mayor’s prayer dence of a faith that is more than a crutch, providing fulfillment beyond his ambitions. I opiate, or self-help program. It is the hall- often heard him quote Alexander Sol- breakfast. I was intrigued with the zhenitsyn, and mean it: ‘‘Bless you, prison, speaker who was announced as Chuck mark of authentic religion—and it is the vast, humane contribution of Chuck Colson. for having been in my life.’’ Colson—recently released from prison, Chuck Colson’s remarkable life story can Chuck was a powerful preacher, an influen- formerly a Watergate figure and legal serve as a guiding light and provide all of us tial cultural critic and a pioneer of the dia- counsel to the President. the courage and the strength to overcome logue between evangelicals and Catholics. As I sat through his presentation, I whatever adversity we may face in our own But he was always drawn back to the scene was touched in a way and reached in a lives. of his disgrace and his deliverance. The min- istry he founded, Prison Fellowship, is the way that transformed my life, and I am May we remember the example of largest compassionate outreach to prisoners ever grateful to Chuck Colson for using Chuck Colson and the words prayed so and their families in the world, with activi- himself as, I think, a conduit for a mes- often by my very good friend: ties in more than 100 countries. It also plays sage I also needed to receive. Please show me how You want me to live a morally clarifying role. It is easier to serve It resulted in a radical change of and give me the power to live that way. the sympathetic. Prisoners call the bluff of our belief in human dignity. If everyone mat- course for me: from a predictable, set- EXHIBIT 1 tled, purposeful, I thought, life as an ters and counts, then criminals do as well. [From the Washington Post, Apr. 22, 2012] attorney in a midsized firm in Fort Chuck led a movement of volunteers at- tempting to love some of their least lovable Wayne, IN, to becoming engaged in pol- CHARLES COLSON FOUND FREEDOM IN PRISON (By Michael Gerson) neighbors. This inversion of social prior- itics, something I never thought I ities—putting the last first—is the best evi- would engage in. It was Chuck Colson Charles W. Colson—who spent seven dence of a faith that is more than crutch, who made me ask that same question months in prison for Watergate-era offenses opiate or self-help program. It is the hall- and make that same decision he made; and became one of the most influential so- mark of authentic religion—and it is the cial reformers of the 20th century—was the that is, to no longer try to control the vast, humane contribution of Chuck Colson. most thoroughly converted person I’ve ever It is a strange feeling to lose a mentor—a direction of my life, but subject myself known. sensation of being old and small and exposed to the control of someone who had a Following Chuck’s recent death, the news outside his shade. Chuck’s irrational con- plan for me. And that plan was not a media—with short attention spans but long fidence in my 21-year-old self felt a little specific one of serving in the Senate or memories—have focused on the Watergate like grace itself. The scale of his life—a Congress. It was simply to be open to portion of his career. They preserve the broad arc from politics to prison to humani- the possibility of a path that perhaps I image of a public figure at the moment when tarian achievement—is also the scale of his had not ever thought would be taken. the public glare was harshest—a picture absence. But no one was better prepared for taken when the flash bulbs popped in 1974. As a consequence of that, and as a death. No one more confident in the res- But I first met Chuck more than a decade urrection—having experienced it once al- consequence of a string of events that after he left the gates of Alabama’s Maxwell ready. So my grief at Chuck’s passing comes is impossible for me to claim any cred- prison. I was a job-seeking college senior, in tempered—because he was Lazarus, and he it for, I find myself standing here in whom Chuck detected some well-hidden po- lives. the Senate delivering this tribute to tential as a research assistant. In him, I Mr. COATS. I yield the floor and sug- Chuck Colson. found my greatest example of the trans- gest the absence of a quorum. Marsha and I will miss him greatly. forming power of grace. I had read many of The PRESIDING OFFICER (Mr. We will continue to be motivated and the Watergate books, in which Chuck ap- pears as a character with few virtues apart CASEY.) The clerk will call the roll. inspired by the example of how life from loyalty. I knew a different man. The The assistant legislative clerk pro- should be lived. surface was recognizable—the Marine’s in- ceeded to call the roll. When I first came to the Senate, I tensity, the lawyer’s restless intellect. The Mrs. MURRAY. Mr. President, I ask was here just 2 days when I received a essence, however, had changed. He was a pa- unanimous consent that the order for call from Chuck Colson. He said: I have tient and generous mentor. And he was con- the quorum call be rescinded.

VerDate Mar 15 2010 02:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.062 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3164 CONGRESSIONAL RECORD — SENATE May 15, 2012 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the people. I hope USDA continues its objection, it is so ordered. objection, it is so ordered. commitment to improve agriculture, Mrs. MURRAY. Mr. President, I ask f nutrition, and rural communities unanimous consent to speak as in around the country and across the MORNING BUSINESS morning business. globe in the Department’s next 150 The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- years. objection, it is so ordered. imous consent that the Senate proceed Ms. STABENOW. Mr. President, f to a period of morning business, with today I wish to congratulate the U.S. Senators permitted to speak for up to VIOLENCE AGAINST WOMEN ACT Department of Agriculture on 150 years 10 minutes each. of service to the people of America. Mrs. MURRAY. Mr. President, it is The PRESIDING OFFICER. Without On this day in 1862, President Abra- very hard to believe that today marks objection, it is so ordered. ham Lincoln created the Bureau of Ag- exactly 2 months since I first came to f riculture and with it, America’s com- the floor to advocate passage of the 150TH ANNIVERSARY OF USDA mitment to an abundant supply of food Senate’s version of the Violence and fiber. Lincoln grew up on a farm, Against Women Act. I was very encour- Mr. DURBIN. Mr. President, today, I and he understood the long hours of aged to see our body finally come to- would like to recognize what Abraham hard work that men and women like gether and eventually support this im- Lincoln referred to as ‘‘the people’s de- his parents spent working the land. portant legislation. The Violence partment’’—the U.S. Department of Farming in those days was a very dif- Against Women Act has helped provide Agriculture. ferent proposition—much of the work lifesaving assistance to hundreds of On this day 150 years ago, President was done by hand or animal labor. He thousands of women and their families, Lincoln signed legislation to create the rightly called it the People’s Depart- and it certainly was a no-brainer to U.S. Department of Agriculture. At the ment because 90 percent of Americans make sure all women had access to beginning, USDA’s focus was on agri- at the time worked, like his folks, on that assistance. culture research, farming techniques, However, I was very disappointed to farms. and keeping statistics. Today, more Lincoln created the USDA at a time learn that, a day after we passed it, than ever, the USDA is ‘‘the people’s House Republicans pulled an imme- of great change in agriculture. Machin- department.’’ The USDA covers a broad ery was being introduced that lessened diate U-turn and introduced their range of issues that touch people’s version of the bill that would undo the the workload and made farming more lives, from soil and water conservation efficient. Families were heading west- commonsense progress we made. The to the school lunch program and from House Republican version of VAWA is a ward and expanding the frontier. It was agriculture trade to expanding rural only 5 days later that Lincoln signed giant step backward for victims of do- broadband services. mestic violence. It is dangerous and ir- another important law that would have Through the efforts of USDA over the a dramatic effect on the future of agri- responsible and leaves women across past 150 years, agriculture has become the country more vulnerable to domes- culture in this country: the Homestead one of the most successful sectors in Act. That same year, Lincoln would tic abuse. Not only do they remove im- the U.S. economy. Agriculture ac- portant protections that would be cre- also sign the law creating the Trans- counts for 1 in 12 American jobs and ated by the Senate version of the bill, continental Railroad, as well as the provides our country with 86 percent of they actually strip existing protections Land Grant Colleges Act, which has the food we consume. In 2011, agri- already provided by this important special meaning for me as a Michigan culture trade set records by exporting law. In fact, it removes critical protec- State University graduate. nearly $140 billion in U.S. farm exports. But here is the most amazing thing: tions for LGBT victims, does little to The USDA has worked to develop address the epidemic of domestic and he did all of this during some of the rural communities, conserve the envi- worst fighting of the Civil War. sexual violence in tribal communities, ronment, and ensure that people across removes critical protections already in When he put pen to paper to create the country have access to safe and the Bureau of Agriculture, there had place for students on college campuses, healthy food choices. In rural commu- and it rolls back protections for immi- already been more than 100,000 casual- nities, USDA has given money to im- ties in the Civil War. He created all of grant victims. prove health care facilities, grants to We have made a lot of progress since these institutions that would have a assist families purchase or refinance VAWA was first passed back in 1994. I lasting impact on this great Nation at homes, and investments to secure hope no one will insist on putting par- a time when many people wondered broadband services. USDA has worked tisan politics ahead of protecting vic- how long this Nation could survive. to protect critical wetlands habitats, tims of domestic violence. Where a per- Mr. President, 150 years ago, in his National Forests, and water and soil. son lives, whom they love or what their address to Congress, Lincoln said, And USDA ensures the health and safe- citizenship status may be should not ‘‘Fellow citizens, we cannot escape his- ty of Americans by providing nutrition determine whether their perpetrators tory. The fiery trial through which we assistance through SNAP payments, are brought to justice. pass will light us in honor or dishonor The Senate bill that we passed last reforming the school lunch program, to the last generation.’’ month builds on what works in the cur- and adopting tougher standards for E. President Lincoln rose to the chal- rent law, it improves what doesn’t, and coli and Salmonella in animal produc- lenge. He saved the Union, and he cre- it continues on the path of reducing vi- tion. ated lasting institutions that are still olence toward women. It certainly Illinois has played a large part in the with us and making a difference today. should not be controversial. evolution of agriculture policy. Presi- If he could do all that in the middle Mr. President, it is time for the dent Lincoln gained his respect for ag- of the Civil War, with enemy troops House Republicans to come to their riculture from his time spent on farms camped just across the river, what senses and support our bipartisan bill and in rural communities around the challenge can’t we face today? so that women and families in this state of Illinois as well as in Kentucky In the Agriculture Committee, we country can get the resources and sup- and Indiana. The same year President came together last month to pass, with port they need. Lincoln began USDA, he also signed an overwhelming bipartisan vote, the I yield the floor and suggest the ab- into law the Homestead Act and the Agriculture Reform, Food and Jobs sence of a quorum. Morrill Land Grant College Act. Illi- Act, or the farm bill. This is a bill we The PRESIDING OFFICER. The nois has also had two Secretaries of pass every 5 years to renew America’s clerk will call the roll. USDA—John Block, who served from agriculture policy and to continue the The assistant legislative clerk pro- 1981 until 1986, and Edward Madigan, important work of the Department of ceeded to call the roll. who served from 1991 through 1993. Agriculture. Mr. REID. Mr. President, I ask unan- Over the past 150 years, the U.S. De- It is critical that we pass the farm imous consent that the order for the partment of Agriculture has lived up to bill before the current bill expires in quorum call be rescinded. Lincoln’s vision as a department for September. We passed a very strong

VerDate Mar 15 2010 01:50 May 16, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.066 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3165 bill out of committee, with real re- ing information through ‘‘scientific ex- and consumption of healthier foods. forms that cut the deficit by $23 bil- periments’’ and finding, collecting, and These goals need to be achieved while lion, and we did it in a bipartisan way. disseminating ‘‘new and valuable seeds we work to restore natural ecosystems We evaluated every program, elimi- and plants.’’ It is worth noting that the that are fundamental to sustaining life nated duplication, and streamlined establishment of the USDA was the on earth. programs to save taxpayers money first in a series of the foundational acts My home State of Vermont has while getting better results on the of Congress that helped to develop our placed itself at the forefront of devel- ground, and we did it in a bipartisan modern agricultural system. oping and implementing the agricul- way. Among these other landmark laws is tural and food systems that the planet Change is never easy, but we came the Morrill Act, named for Vermont’s will depend on in the 21st century, and together because the farm bill is so im- own Senator Justin Morrill, which es- the USDA is a critical partner in this portant to the 16 million men and tablished our land grant colleges, and essential venture. The USDA is pro- women whose jobs rely on American which also is celebrating its 150th anni- viding needed technical support to en- agriculture. They work hard every day versary this year. Senator Morrill hance the efficiency of our dairy and producing the most affordable, healthy, rightly believed that college education diversified farms; the USDA provides and abundant supply of food, fiber, and should expand beyond arts and clas- the financial and risk management energy in the world. sical studies to include agriculture and tools that farmers need to diversify President Lincoln understood how life sciences. In the last 150 years, our and survive in a changing climate and important our food supply is—it feeds land grant colleges have provided the volatile markets; the USDA supports the Nation and can be the difference in foundation for agricultural research cutting-edge research at the land grant times of war. The leadership and inno- and have helped give the United States University of Vermont; the USDA is vi- vation of those 16 million Americans a competitive advantage in the global tally important to rural communities have made our Nation the world’s lead- market, in addition to becoming inar- and businesses; USDA conservation er in agriculture. With an ever-growing guably the best public institutions of programs are the lynchpin of our work global population, our farmers are higher learning in the world. to improve water quality; and the truly feeding the world. It is critical Thanks to the hard work of our Na- USDA Organic program has kept for our national security that we pass tion’s agricultural producers, to the re- Vermont at the forefront of this fast- this farm bill to continue our leader- search done at our land grant colleges, growing and promising sector. In fact, ship. to the dedication of U.S. Department of in Vermont, and across the Nation, the It has been 150 years since President Agriculture employees across the coun- Department of Agriculture manages Lincoln created America’s commit- try, and to the policies and programs some of the Nation’s most significant ment to agriculture, and we have come overseen by the Department of Agri- ongoing conservation and environ- a long way since then. We have been culture, American consumers enjoy a mental quality efforts. through floods and famines, dust bowls safe and plentiful food supply. We The USDA has deep and longstanding and depressions. But we have also seen Americans spend, on average, less than roots throughout rural America and in great advances as we have learned to 10 percent of our disposable income on our communities. Being in and being of overcome these challenges with better food, the lowest in the world. This the communities that the USDA serves risk management, conservation prac- would not be possible without the makes a crucial difference, as we saw tices, and a commitment to fighting science, policies, and vital programs last year in Vermont through the hunger. advanced by the USDA in fostering our many ways that USDA’s diligent work- Passing the farm bill will continue modernized agricultural and food sys- force became an integral part of the re- this great American success story. tems. sponse to the disastrous damage The 150th anniversary of USDA’s cre- The Department of Agriculture also wrought by Hurricane/Tropical Storm ation is a great time to celebrate farm- manages some of the Nation’s most sig- Irene. ers and rural communities. It is also a nificant ongoing conservation and en- We face many challenges today, but strong reminder that we here in Con- vironmental quality efforts. with smart, effective and sustainable gress need to do our jobs too and pass Farming is hard work. Farming also agricultural policies, the United States the farm bill soon. Our country’s fu- is an inherently risky venture, subject is in a prime position to lead the war ture depends on it. to the whims of nature, as well as the against global hunger and toward pub- Mr. LEAHY. Today marks the 150th volatility of the commodity market- lic health while also protecting our anniversary of the United States De- place. The programs USDA manages at water, air and open spaces for genera- partment of Agriculture, and I would the local level have helped make risk tions to come. like to take a moment to pay tribute manageable for farmers—especially As a lifelong Vermonter, I value my to USDA’s mission and day-to-day when it comes to small family farms. State’s farming traditions and I am work and to all those involved in the These programs have been a steadying proud of the hard work of Vermont’s agriculture industry—from farmers and element—a balance wheel, smoothing farmers who have persisted in a dif- ranchers and foresters, to producers out major risks, allowing America’s ficult economy, embracing innovation and manufacturers and researchers. farmers to harness the earth’s bounty and change. Some are transitioning to The Department of Agriculture is pil- and giving American consumers access organic operations, and others focusing lar and post in American agriculture, to unrivaled food security and variety. on direct marketing opportunities or fostering durability while enabling in- Despite—and, in some cases, as an value-added products. Farming is not novation; bridging old and new, rural unintended result of—the great ad- an easy way of life, but it has remained and urban. Agriculture has long been a vances in agriculture in the last 150 a cornerstone of Vermont’s economy, centerpiece of Vermont’s economy and years, there is more work to be done. and the Nation’s, because of the dedica- way of life. The impact of agricultural Too many Americans still endure hun- tion our farmers and producers, the re- industry is felt in every State, and in ger, with almost 50 million Americans search of our land grant colleges, and every household. In fact, one in every living in food insecure households, the policies and support of the Depart- 12 Americans is employed in an agri- while at the same time two-thirds of ment of Agriculture. I am proud to see culture-related industry, and in Americans are overweight, and obesity- so many young people returning to the Vermont, the importance of our agri- related disease is fast becoming an epi- farms of Vermont. Some are con- cultural working landscape to tourism, demic in this country. Globally, 1 bil- tinuing their family’s farming legacy, to recreation and to the identity of our lion people—out of a population of 7 while others are the first in several State is beyond measure. billion—are hungry and food insecure. generations to turn back to the land. One hundred and fifty years ago As the world population increases, we All of them have a deep dedication to today, on May 15, 1862, with the stroke must continue our scientific effort in the stewardship of Vermont’s natural of President Abraham Lincoln’s pen, agriculture research and innovation, resources and to the working landscape the Department of Agriculture was es- and we must not simply produce more that is helping to strengthen our econ- tablished, with the purpose of acquir- food; we must also improve access to omy.

VerDate Mar 15 2010 01:50 May 16, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.036 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3166 CONGRESSIONAL RECORD — SENATE May 15, 2012 I am proud to be a member of the The importance of agriculture’s mis- of the Federal government offering a Senate Committee on Agriculture, Nu- sion cannot be overstated. It is also a helping hand to the people of our na- trition, and Forestry and to have had matter of national security. A well fed tion in developing American agri- the opportunity to serve as its chair- world is a much safer and stable place culture. On May 20, 1862, President Lin- man. I also consider it a great privilege than a hungry world. Full bellies lead coln signed what is commonly known to be able to offer Vermonters a seat at to stability, economic growth and as the Homestead Act in order to pro- the table when policy matters affecting peace. Hungry bellies lead to dis- vide people who would otherwise not our State’s farmers and our State’s content, instability, and extremism. have the chance an opportunity to own economy, such as our current work on The more nations we can help to feed land. And on July 2, 1862, President the 2012 Farm Bill, are written and and bring economic prosperity, the Lincoln signed into law the first Mor- considered. more stable the world as a whole will rill Act to donate public lands to the Agriculture is part of the lifeblood of become. states and territories to support edu- the American economy then, now, and Now I don’t know if 150 years ago cation ‘‘related to agriculture and me- in the future. President Lincoln knew how important chanic arts’’. This act was the first I wish the Department of Agriculture the role of agriculture would become to Federal assistance to higher education, a ‘‘Happy 150th Birthday’’ and contin- global stability or what USDA’s role and its purpose was to make this edu- ued success in the USDA’s vital mis- would be in answering these chal- cation widely available to multitudes sions that are so important to each and lenges. But this anniversary provides of people who otherwise never would every American family, and to the us a unique opportunity to thank our have obtained it. world. producers for their efforts in bringing Over the ensuing years, our Nation Mr. ROBERTS. Mr. President, today agriculture this far, and to let them has benefited tremendously from these I wish to recognize the marking of an know that we stand beside them in policies. The productivity of America’s historic event. 150 years ago—on May meeting the challenges ahead. farmers and ranchers, along with those 15, 1862—President Abraham Lincoln Mr. President, I yield the floor. working in associated businesses and Mr. HARKIN. Mr. President, on this signed into law an Act establishing industries, is a foundation for our na- day, May 15, in 1862, President Lincoln tional economy and our way of life. We what our Department of Agriculture is signed into law an act establishing our have been blessed in this country with today. Agriculture has come a long way in nation’s Department of Agriculture. a richness of natural resources to which Americans have applied their 150 years. Through science, innovation, This 150th anniversary is an important opportunity to recognize and celebrate hard work, knowledge, and talents. The ingenuity and plain old hard work, the success and achievement of the abundance of America’s agricultural America’s farmers have gone from pro- many Americans who are involved di- output has been instrumental in sup- ducing enough food for their individual rectly or indirectly in producing, proc- porting our people and enabling them families to producing enough to meet essing, and distributing food, fuel, and to pursue and to excel in many other the needs of 150 people per farmer— fiber for our nation and for export to fields. To be sure, our Nation’s history that’s what I call the miracle of mod- foreign consumers. has proven the wisdom of Daniel Web- ern agriculture. The specific purposes of the new de- ster’s observation in 1840, ‘‘When till- Some may have a romanticized view partment mentioned in the 1862 act are age begins, other arts follow.’’ of agriculture production 150 years ago ‘‘to acquire and diffuse among the peo- The responsibilities of the Depart- and pine for a return to the days of the ple of the United States useful infor- ment of Agriculture have of course past. But let me assure you, those were mation’’ concerning agriculture, broad- grown over the years as the cir- hard days. And if today’s farmers and ly and comprehensively defined, and cumstances and needs of our Nation ranchers only produced the same yield ‘‘to procure, propagate, and distribute and its people have changed. The De- and quality of food as the farmers and among the people new and valuable partment continues to play a critical ranchers of yesteryear, we’d be in a seeds and plants.’’ The responsibilities role in supporting research, education, world of hurt. and authority entrusted to the Depart- and extension involving food, agri- Today’s farmers and ranchers ment of Agriculture have of course culture, and related topics. It helps ag- produce the safest, most abundant and been enlarged over the course of the ricultural producers survive unpredict- affordable food and fiber supply in the past 150 years, but this initial legisla- able economic losses from market fluc- world—all while facing increased input tion contains the core elements of the tuations and damaging weather. The costs and tightening regulations. Department’s mission and role that Department provides critical assist- As if these challenges weren’t have continued to this day. ance to farmers and ranchers in con- enough, our producers face a challenge You will notice in the act the empha- serving and protecting soil, water, of worldwide significance. As the glob- sis on disseminating among the people wildlife, and other natural resources al population tops 9 billion in the next of the United States information, for future generations. And USDA nu- several decades, agriculture production knowledge, and technology that would trition assistance enables American must more than double to meet the ex- be helpful and useful to them as in children to eat healthy lunches, break- pected demand for food and nutrition. their pursuits in agriculture. In doing fasts, and snacks and low-income fami- In addition to the sheer population so, the new Department would help to lies to put food on the table. The De- expansion, global food demand will create, foster, and develop new, broad- partment of Agriculture also provides shift toward higher value proteins and ly-available opportunities among the important assistance toward devel- commodities as economies develop and people of the United States. Individuals oping new sources of rural renewable prosper. For example, in 1985 the aver- and families could then capitalize on energy and biobased products. Rural age person in China consumed roughly these opportunities through applying communities benefit from USDA pro- 44 pounds of meat. This increased to 90 their own efforts and talents to create grams that support vital facilities and pounds per person in a short 15 years. and grow farms and ranches, and in the foster the creation and growth of busi- That number is expected to double process also to build and strengthen nesses and jobs. Of course, consumers again by 2030. our nation. Some 21⁄2 years later after rely on USDA to protect and ensure the That’s no small task. It will take ad- signing the act, President Lincoln safety of their meat and poultry. And vancements in technology, efficiency noted in his fourth and last message to its trade promoting efforts boost our and in some cases simply getting gov- Congress the success of the new De- agricultural exports. ernment and regulatory roadblocks out partment of Agriculture in responding On this anniversary of the Depart- of the way. Doubling agriculture pro- to and serving the needs of the people ment of Agriculture, it is also impor- duction will only occur through pro- of our Nation: ‘‘It is peculiarly the peo- tant to recognize and commend the duction techniques that combine the ple’s department, in which they feel dedication, talent, and hard work of all use of important conservation prac- more directly concerned than in any of the people working in the Depart- tices with the use of improved seed va- other.’’ ment of Agriculture wherever they rieties that increase drought and dis- Two other landmark pieces of legisla- may be—in local, county, State, or re- ease resistance while increasing yields. tion in 1862 also reflect this approach gional offices, here in Washington, or

VerDate Mar 15 2010 01:50 May 16, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.033 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3167 in a foreign country. I am also of price volatility for producers. And, the hungriest and neediest people around course proud that several Iowans have department helps to protect the health the world. very capably led the Department of Ag- of our plants and animals. But, USDA’s A key part of USDA’s mission—one riculture, including our present sec- mission goes beyond helping producers. that consumes the largest portion of retary, Tom Vilsack. For example, those who enjoy a good USDA’s budget—is addressing hunger So, today is a time to reflect upon steak, as well as other meat and poul- and meeting the nutritional needs of and recognize the achievements of try products in the U.S., have come to Americans. Whether through school American agriculture and the contribu- trust USDA’s food safety inspection lunches or assistance for hungry fami- tions to that success from the Depart- process. lies, USDA plays an important role in ment of Agriculture. It is also a time Of growing importance is USDA’s supporting those in need. to appraise and consider the huge chal- role in promoting exports of agri- USDA’s mission is one of the most di- lenges we face in the years ahead in culture products. It is fitting that this verse of any department and in every producing the quantities of food needed anniversary falls in May—which is also area there are hard-working staff striv- to eradicate hunger in a growing global world trade month. I think we can all ing to meet the department’s goals. On population and to do so in ways that agree that the benefits of trade are this day, I am happy to recognize the conserve and sustain natural resources. great especially to the agriculture sec- men and women of the ‘‘People’s De- Undoubtedly, our Nation and our De- tor. partment.’’ Their professionalism, partment of Agriculture will be called Nebraska is a big agricultural State. dedication, and work ethic provide a upon to continue our leadership in re- And, in Nebraska alone, more than shining example of why President Lin- sponding to and solving these crucial 30,000 jobs and more than $7.6 billion coln called the Department of Agri- challenges. dollars in revenue were directly tied to culture the ‘‘People’s Department.’’ Mr. JOHANNS. Mr. President, I come exports last year. And, these numbers Together, we celebrate the growth to the floor today to commemorate the will only grow as we continue to ex- and success of American agriculture 150 year anniversary of the U.S. De- pand access to customers around the and the health and well-being of the partment of Agriculture. world. people of the United States. We honor I am pleased that my colleagues in In fact, the Colombia Free Trade the farmers, ranchers, and others the Senate have agreed the occasion is Agreement goes into effect today. It of- whose ingenuity, adaptability, and worthy of a resolution honoring this fers great opportunity to both the skill have created the safest and most milestone in our nation’s history. On manufacturing and agriculture sectors. abundant food supply in the history of May 15, 1862, President Abraham Lin- The Colombia Agreement eliminates mankind. coln signed legislation to establish the barriers for many Nebraska agricul- Mr. CASEY. Mr. President, I am USDA. It gave the agency general au- tural products, including beef, corn, pleased to help recognize the 150th thority to acquire and spread useful in- soybeans, pork, and wheat. For some birthday of the United States Depart- formation on agricultural subjects and time now, goods from Colombia have ment of Agriculture—USDA. As a to assist in the development and use of been entering the U.S. tariff-free, while member of the Senate Committee on new and valuable seeds and plants. American producers still paid tariffs on Agriculture, Nutrition and Forestry as For the past 150 years, USDA has lent exports to Colombia as high as 40 per- well as the Committee on Foreign Re- a helping hand to our farmers and cent. lations, I understand the importance of ranchers as they provide the food, feed, It is good news for our agriculture agriculture to feeding our Nation and fiber, and fuel to Americans, as well as producers and manufacturers that feeding the world. a growing customer base around the trade agreements are finally being im- One hundred and fifty years ago world. In the 1850s, there was 1 farmer plemented. The South Korea Agree- today President Abraham Lincoln for every 2 people in the United States. ment has already gone into effect, and signed the legislation creating the De- Thanks to ongoing improvements in I hope Panama Agreement won’t be far partment of Agriculture. This was fol- technology and management practices, behind. These types of free trade agree- lowed in short order by the Homestead today’s farmers and ranchers are able ments are sorely needed so we can level Act and then the Morrill Act estab- to produce even more with efficient use the playing field for our exporters. lishing our great land grant college of resources. Currently, the average We cannot ignore the fact that the system, including The Pennsylvania farmer in the United States feeds more fastest-growing opportunities for State University. I suspect that few than 150 people. American businesses, farms, and Americans at the time would have The history of Nebraska has been ranches are outside our borders. They imagined that President Lincoln’s closely intertwined with this story. In are overseas in rapidly developing leadership and vision in the area of ag- fact, thousands of homesteaders settled countries. I am confident that Ne- riculture would have such a profound in the Nebraska territory after Presi- braska farmers, businesses and work- impact on our country and the world. dent Lincoln signed another piece of ers, and those across the country, can Just recently, Dr. Rajiv Shah, the legislation—the Homestead Act—on compete with anyone in the world. Administrator of the Agency for Inter- May 20, 1862. This influx of population And, in doing so, we can create new national Development said that the led to Nebraska becoming the Nation’s jobs here at home. single-most effective way to eliminate 37th State. Since that time, USDA has USDA has played a key role in mak- world poverty was to increase agri- served as a resource to the many farm- ing sure our farmers and ranchers have culture yields. That is an extraor- ers and ranchers who continue to make the tools to take advantage of these ex- dinary statement. It means that Penn agriculture the leading industry in Ne- port opportunities. Additionally, the State and the other agriculture re- braska’s economy—just as the depart- department recognizes that American search universities have a critical role ment has done for producers nation- agriculture is intertwined with the to play in eliminating hunger, assist- wide. health of our rural communities. USDA ing in global food security and political As the 28th Secretary of Agriculture, works to ensure small-town-America is stability. I was proud to work with men and not overlooked by a Federal Govern- The world’s population just passed women who are still committed to ment that is often focused on big urban seven billion people and is on the way USDA’s original mission of spreading areas. to nine billion people by 2050. This information and developing new tech- Over the past 150 years, President means we must double world food pro- nologies to increase agricultural pro- Lincoln’s vision of ‘‘the People’s De- duction by 2050 in order to meet the duction. partment’’ has expanded beyond Amer- challenge of feeding this increased pop- Today’s Department of Agriculture ica’s farms and ranches and rural com- ulation. conducts valuable research through the munities. His vision is alive and well in As noted recently by Bob Stallman, land-grant university system and insti- the health of our schoolchildren, in our President of the American Farm Bu- tutions like the University of Ne- ability to supply energy from home- reau Federation: braska. USDA also helps to minimize grown sources, and in our leadership The importance of science and innovation the risks of weather and commodity role in helping feed some of the . . . to agriculture will be significant as we

VerDate Mar 15 2010 01:50 May 16, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.059 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3168 CONGRESSIONAL RECORD — SENATE May 15, 2012 face several challenges in the years ahead. spring wheat, number three in hogs and barriers and open new markets for ag- . . . Further, we must accomplish this hefty soybeans, and number four in corn. ricultural goods. In 2011 farm exports goal while realizing that our Earth is fragile. I have spent the last year traveling reached a record high of $137 billion, To take care of our environment, we must across our State as part of an economic embrace agriculture research, science, inno- which support 1.5 million jobs here in vation and biotechnology. When it comes to tour that has taken me to dozens of the U.S. medical care, communication and transpor- communities and businesses through- Finally, so much of the USDA’s work tation we accept the importance of innova- out Minnesota. And no matter where I boils down to strengthening rural com- tion. We need to do the same when it comes go, I am always reminded of the crit- munities. That is why programs to help to the production of food. ical role that farming plays in our finance everything from broadband to Last year, net farm income and farm State’s economy. infrastructure for clean drinking water exports set a record and played a key For generations, the Department of are so important. They are critical to role in helping to grow the U.S. econ- Agriculture has stood behind our farm- ensuring a kid who grows up in rural omy. In order to ensure the food secu- ers and rural communities and made American can stay in rural America rity of our Nation, I believe strongly sure they had the tools and resource to and doesn’t have to move somewhere that Pennsylvania farmers will con- move forward. else to find a job, raise a family or tinue to be productive, competitive and The USDA may be best known for ad- start a business. successful and supply food to commu- ministering the farm programs that In this sense, the USDA truly is the nities in Pennsylvania, throughout the help agricultural producers manage ‘‘People’s Department.’’ This only un- country and the world. Pennsylvania’s risk and recover from disasters—every- derscores the importance of the work proud agriculture tradition helped to thing from floods to market failures. we’re doing in the Senate to craft a build the Nation and agriculture con- But programs such as crop insurance, strong and successful farm bill—one tinues to drive our economy. which provides a safety net across 254 that builds on the success of existing We live in a nation that is as diverse million acres, are just one component in agricultural production as it is in programs while also making key im- of the USDA’s larger portfolio of prior- provements and accounting for chal- the people who consume the products ities—everything from clean energy de- that farmers grow. As we reflect upon lenges created by the current budget velopment and conservation to export environment. agriculture’s past, and look toward ag- promotion. riculture’s future, I hope we can con- In terms of research, the USDA has The Agriculture Committee took the tinue to ensure that we have a safe, helped our farmers and ranchers re- first step by passing the farm bill out stable, secure supply of food. Agri- main the most productive in the world. of committee in April, on a strong bi- culture is not just a nostalgic reflec- It has funded research that not only partisan vote of 16–5, that should pave tion of the past; it is critical to the shields our food supply from pests and the way for full Senate action. U.S. economy and all Americans as we dangerous diseases, but also increases The legislation strengthens and con- move forward. Therefore, I am pleased the productivity of farmers growing ev- tinues many vital programs that farm- to extend birthday wishes to USDA, erything from wheat to watermelons. ers rely on in States across the coun- the land grant colleges and univer- Anyone who has visited a farm using try. sities, and all those in the food value modern precision agriculture can tell It maintains a robust farm safety net chain. you just how far we have come. And in which makes several improvements to Ms. KLOBUCHAR. Mr. President, I terms of the economic benefits, studies the crop insurance program, including am here today to commemorate the have shown that for every dollar spent changes to ensure the program works United States Department of Agri- on agricultural research, it returns better for fruit, vegetable and organic culture on its 150th anniversary. over $20 to our economy. producers. Our country has changed dramati- The USDA is also making great head- cally since 1862, when President Abra- I sponsored an amendment that will way with conservation programs. By give beginning farmers better access to ham Lincoln signed a bill into law cre- working with hundreds of thousands of ating the Department of Agriculture. the crop insurance program by making farmers and ranchers and imple- Despite all the changes we have seen it more affordable for them to purchase menting conservation practices on tens in the last century and a half, the coverage. USDA remains true to its original mis- of millions of acres of private land, the And because I believe we should do sion as ‘‘The People’s Department,’’ ad- USDA is helping reduce soil erosion more to invest in the future of Amer- ministering critical programs that and ensure clean drinking water. ican agriculture, I worked to make And in preserving our natural re- touch the lives of all Americans. sure the bill included provisions for the So as we celebrate this important sources, USDA is also strengthening Beginning Farmers and Ranchers Pro- milestone for the USDA, I think we key industries like fishing and hunt- gram and for promoting public-private should also take a moment to recog- ing, which are so much more than just research opportunities. hobbies in my State—in Minnesota, nize the men and women who are put- Importantly, the bill we passed in the sportsmen put $3.4 billion into our ting its programs to use—the farmers Committee also streamlines and economy each year and support 55,000 and agriculture leaders who grow our strengthens the conservation programs jobs. crops, produce our food and power our that farmers rely on to keep our soil homegrown energy supply. On the energy front, USDA is moving us closer to oil independence by en- healthy and our water clean. It pre- Sometimes, people forget that food serves the essential nutrition programs doesn’t just magically appear on gro- couraging the development of home- grown sources—like cellulosic biofuels, that millions of families and children cery store shelves. But the truth is rely on every day. And it includes a that behind every aisle—whether it’s methane digesters and other renewable and energy efficient solutions. Alto- strong energy title for encouraging dairy or produce—there is farmer or a homegrown energy production. rancher who has made it their liveli- gether, those solutions are expected to hood to produce nutritious, abundant save enough energy to power nearly Every single American has a direct food. 600,000 homes a year. stake in the success of our farms and In Minnesota, our economic strength At a time of spiking gas prices and food businesses. Through the food we is anchored in the soil of our land and volatility in foreign oil markets, I be- eat, the water we drink, the fuel we put the sweat of our farmers. Agriculture lieve we should be investing in the en- in our cars and the air we breathe, each is our State’s leading export, account- ergy innovators of the Midwest—not and every one of us is personally in- ing for $75 billion in economic activity the oil cartels of the Mideast. vested in the success of American agri- every year and supporting more than With the right tools, America’s farm- culture, and that is why the USDA is 300,000 jobs. And while we are 21st in ers can develop the next generation en- such a critical resources. the country for population, we are the ergy sources that will power the world. I congratulate all my friends with sixth largest agricultural producer. We are already feeding the world, and the USDA on a remarkable 150 years, Minnesota is number one in turkeys, the USDA has helped make that pos- and I want to thank my colleagues on green peas, and oats, number two in sible through its work to lift export the floor today for their great work

VerDate Mar 15 2010 01:50 May 16, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.046 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3169 and dedication to supporting our farm- others throughout the world. Each many different types of conservation ers and rural communities. I look for- year, just one South Dakota producer efforts supported by USDA, they all ward to working with all of my col- raises enough food to feed 155 people share the same goal—to maintain the leagues in the Senate to pass a strong both here at home and abroad. As the health and vitality of American farm- Farm Bill that supports vital services world’s population continues to grow land for future years and future gen- at the USDA and gets the job done for to a projected 9 billion people by 2050, erations. Once research and conserva- our Nation’s farmers. the demand for our agricultural prod- tion efforts have been applied it be- Mr. JOHNSON of South Dakota. Mr. ucts will only increase, and we will comes the job of agricultural producers President, today I wish to recognize have to continue improving our pro- to efficiently harvest and deliver their American agricultural producers on ductive capacity to double food produc- product to markets around the corner, the 150th anniversary of President Lin- tion on fewer acres. or across the country. I believe Amer- coln signing legislation establishing The increased yields needed to over- ican agricultural producers are the the U.S. Department of Agriculture on come the challenges ahead cannot be best in the world at what they do. May 15, 1862. accomplished without the full use of To help Americans sort through the As President Lincoln said in his last sound science and innovative tech- incredible variety of their food choices annual address to Congress, ‘‘[The De- nology. In providing public land for the at grocery stores or farmers markets, partment of Agriculture] is precisely establishment of colleges to further ag- USDA provides critical guidance for the people’s Department, in which they ricultural research and education, the nutrition assistance. Through the My feel more directly concerned than in Morrill Land Grant College Act, which Plate program and other nutrition edu- any other.’’ Many don’t realize it, but was also signed into law by President cation initiatives, USDA works to en- USDA plays a unique role in the daily Lincoln in 1862, gave us such institu- sure that children, low-income individ- lives of every single American, ranging tions as South Dakota State Univer- uals, seniors and the disabled not only from the programs available that assist sity and will remain a lasting achieve- understand what makes up a nutri- rural small businesses to providing the ment for the ongoing progress of pro- tious, healthy meal—but they create support system that makes it possible duction agriculture. access to such meals year round, for our farmers and ranchers to Therefore, on the 150th anniversary through programs such as the Special produce the most affordable and abun- of its establishment, I commend USDA, Nutrition Assistance Program for dant food supply of any country in the and the American agricultural pro- Women, Infants and Children, or the world. ducers they assist, for providing the Supplemental Nutrition Assistance As the main economic pillar and No. food, fuel, and fiber that we each rely Program. These programs and others 1 industry in my State of South Da- on. I congratulate them and wish a help feed those who have trouble ac- kota, it is important that we acknowl- happy birthday to USDA and those cessing healthy foods, but they do so in edge and celebrate the economic im- throughout the food chain. a way that reinvests in agricultural portance of agriculture and the role Senator KOHL. Mr. President, in the producers and their rural communities. that the USDA has played in imple- fall of 1859, just two years prior to his I believe USDA’s most important menting and supporting policies that election to the presidency, Abraham achievement has been the fulfillment have assisted our farmers and ranchers Lincoln spoke to the Wisconsin State of Lincoln’s vision—harmoniously in becoming a leader in feeding, fuel- Agricultural Society in my hometown using all the tools, resources and pro- ing, and clothing the world. of Milwaukee, WI. Lincoln concluded grams at its disposal to contribute to USDA’s work on food, agriculture, his speech saying, ‘‘Let us hope . . . social prosperity and happiness economic development, science, risk that by the best cultivation of the through the cultivation of the Amer- management, natural resources con- physical world, beneath and around us, ican land and its people. servation, and a whole host of other and the intellectual and moral world It is with pride and respect that I issues has enabled the agriculture in- within us, we shall secure an indi- honor USDA and our Nation’s agri- dustry to establish itself as a critical vidual, social, and political prosperity culture industry today. component in our economic success and happiness.’’ Just 3 years later, f while having an influence on the lives President Lincoln created the Depart- of every single American. The Depart- ment of Agriculture with these words HONORING LOST DHS PERSONNEL ment, in coordination with our Na- in mind. Mr. LIEBERMAN. Mr. President, the tion’s farmers and ranchers, has helped May 15, 2012 marks the 150th year of mission of the Department of Home- allow families to put nutritious, the U.S. Department of Agriculture, land Security, DHS, is broad and di- healthy food on their tables at a lower USDA. Perhaps more than any other verse. The men and women of DHS pro- cost than almost anywhere else in the department, USDA connects Americans tect our borders and modes of transpor- world. On average, less than 10 percent to the land and to each other in ways tation; they guard our waterways; they of American consumers’ disposable in- seen and unseen. From its formation in protect U.S. and foreign leaders; they come is spent on food. 1862 through today, the Department prepare for and respond to disasters; Moreover, agriculture is the eco- has served millions of American’s in a they manage our immigration process; nomic engine that drives our rural multitude of innovative ways. and, they defend us against cyber at- communities. Without viable family From the earliest years of our Na- tack. DHS employees provide selfless farms and ranches our small towns and tion, agricultural production has been service to their nation and they do so Main Street businesses throughout front and center. Today, roughly 1 out with honor and distinction under an South Dakota and our Nation would of every 12 Americans is employed in ever-present threat. With National Po- face significant hardships. According an agriculture related industry. Wheth- lice Week 2012 commencing, I would to the South Dakota Department of er a producer, researcher, conserva- like to pay tribute to the Department Agriculture, the agriculture industry tionist, food safety official, or one of of Homeland Security’s agents, offi- has a $20 billion economic impact each many other agricultural professions, cers, and military personnel who lost year, accounting for one-third of the each person, including those who work their lives in the service of our Nation. State’s economic activity. The 46,000 in USDA, plays an important role in Fifty-five courageous men and women agricultural producers on 31,500 farms producing and delivering a safe and of DHS have died in the line of duty combine with associated industries to healthy food supply to the United since the Department’s inception in employ more than 143,000 South Dako- States and the world. 2003. We owe them more than a tribute tans. Colleges and universities around the on this day, but our gratitude begins But the value of America’s farmers country have produced research that with that. and ranchers goes far beyond economic has improved crop yields, plant and They are: activity. Our producers are also the livestock health, and soil quality, Lorenzo R. Gomez, Immigration Enforce- most productive in the world, pro- among others. Research has also led to ment Agent, U.S. Immigration and Customs viding the food, fuel, and fiber nec- the widespread use of conservation Enforcement, El Paso, Texas, End of Watch: essary to sustain us and millions of practices on farmland. While there are November 8, 2003.

VerDate Mar 15 2010 02:02 May 16, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.060 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3170 CONGRESSIONAL RECORD — SENATE May 15, 2012 James P. Epling, Border Patrol Agent, U.S. Guard, Oahu, Hawaii, End of Watch: Sep- Andrew W. Knight, Avionics Electrical Customs and Border Protection, Yuma, Ari- tember 4, 2008. Technician (E–4), U.S. Coast Guard, Point zona, End of Watch: December 16, 2003. Nathaniel A. Afolayan, Border Patrol Clear, Alabama, End of Watch: February 28, Nathan B. Bruckenthal, Damage Agent, U.S. Customs and Border Protection, 2012. Controlman Third Class (E–4), U.S. Coast Artesia, New Mexico, End of Watch: May 1, James A. Hopkins, Electronics Technician Guard, Iraq, End of Watch: April 24, 2004. 2009. (E–6), U.S. Coast Guard, Kodiak, Alaska, End Travis W. Attaway, Senior Patrol Agent, Cruz C. McGuire, Border Patrol Agent, U.S. of Watch: April 12, 2012. U.S. Customs and Border Protection, Har- Customs and Border Protection, Del Rio, Richard W. Belisle, Civilian Employee lingen, Texas, End of Watch: September 19, Texas, End of Watch: May 21, 2009. (WG–8), Chief Boatswain’s Mate (E–7), Re- 2004. Robert W. Rosas, Jr., Border Patrol Agent, tired, U.S. Coast Guard, Kodiak, Alaska, End Jeremy M. Wilson, Senior Patrol Agent, U.S. Customs and Border Protection, Campo, of Watch: April 12, 2012. U.S. Customs and Border Protection, Har- California, End of Watch: July 23, 2009. f lingen, Texas, End of Watch: September 19, Che J. Barnes, Lieutenant Commander (O– 2004. 4), U.S. Coast Guard, San Clement Island, NATIONAL POLICE WEEK Philip C. Lebid, Special Agent, U.S. Secret California, End of Watch: October 29, 2009. Mr. HOEVEN. Mr. President, today, Adam W. Bryant, Lieutenant (O–3), U.S. Service, Tampa, Florida, End of Watch: No- Coast Guard, San Clement Island, California, people across our country observe vember 22, 2004. End of Watch: October 29, 2009. Peace Officers Memorial Day. As we re- George B. DeBates, Senior Patrol Agent, John F. Seidman, Aviation Maintenance member all of the fallen officers who U.S. Customs and Border Protection, Casa Technician Chief Petty Officer, U.S. Coast have made the ultimate sacrifice while Grande, Arizona, End of Watch: December 19, Guard, San Clement Island, California, End upholding justice and protecting our 2004. of Watch: October 29, 2009. David G. Wilhelm, Assistant Special Agent communities, I wish to echo the senti- Carl P. Grigonis, Avionics Electrical Tech- ments of Americans across the country in Charge, U.S. Immigration and Customs nician Second Class (E–5), U.S. Coast Guard, Enforcement, Atlanta, Georgia, End of San Clement Island, California, End of in honoring the lives and exemplary Watch: March 11, 2005. Watch: October 29, 2009. service of all of the men and women Christopher J. Smith, Assistant to the Monica L. Beacham, Avionics Electrical who lost their lives this past year, in- Special Agent in Charge, U.S. Secret Serv- Technician Second Class (E–5), U.S. Coast cluding two North Dakota peace offi- ice, Atlanta, Georgia, End of Watch: March Guard, San Clement Island, California, End cers, Bismarck police Sgt. Steven 25, 2005. of Watch: October 29, 2009. Kenner and Burleigh County sheriff’s Nicholas D. Greenig, Senior Patrol Agent, Danny R. Kreder, Jr., Aviation Mainte- department Deputy Sheriff Bryan U.S. Customs and Border Protection, Tuc- nance Technician Third Class (E–4), U.S. son, Arizona, End of Watch: March 14, 2006. Sleeper. Coast Guard, San Clement Island, California, Sgt. Steven Kenner served with the Jessica E. Hill, Lieutenant (O–3), U.S. End of Watch: October 29, 2009. Coast Guard, Arctic Ocean, End of Watch: Jason S. Moletzsky, Aviation Maintenance Bismarck police department for more August 17, 2006. Technician Third Class (E–4), U.S. Coast than 32 years when he was killed in the Steven Duque, Boatswain’s Mate Second Guard, San Clement Island, California, End line of duty on July 8, 2011. Sergeant Class (E–5), U.S. Coast Guard, Arctic Ocean, of Watch: October 29, 2009. Kenner was a distinguished and well- End of Watch: August 17, 2006. Mark F. Van Doren, Border Patrol Agent, respected member of the Bismarck po- David N. Webb, Senior Patrol Agent, U.S. U.S. Customs and Border Protection, lice department. He also served as a Customs and Border Protection, Ajo, Ari- Falfurrias, Texas, End of Watch: May 24, decorated member of the North Dakota zona, End of Watch: November 3, 2006. 2010. Ramon Nevarez, Jr., Border Patrol Agent, Sean D. Krueger, Lieutenant (O–3), U.S. National Guard military police and U.S. Customs and Border Protection, Coast Guard, La Push, Washington, End of founded the business C.A.R., Collision Lordsburg, New Mexico, End of Watch: Watch: July 7, 2010. Analysis Reconstruction. March 15, 2007. Adam C. Hoke, Aviation Maintenance Colleagues, friends and family knew David J. Tourscher, Border Patrol Agent, Technician First Class (E–6), U.S. Coast Sergeant Kenner to be a loving, hard- U.S. Customs and Border Protection, Guard, La Push, Washington, End of Watch: working and dedicated man who served Lordsburg, New Mexico, End of Watch: July 7, 2010. his State with great pride. He was de- March 16, 2007. Brett M. Banks, Aviation Maintenance voted to mentoring and training his Ronald A. Gill, Jr., Port Security Spe- Technician Second Class (E–5), U.S. Coast Guard, La Push, Washington, End of Watch: fellow officers, and his extensive cialist Third Class, U.S. Coast Guard Re- knowledge and professionalism gar- serve, Puget Sound, Washington, End of July 7, 2010. Watch: March 25, 2007. Charles F. Collins II, CBP Officer, U.S. nered the respect and admiration of his Clinton B. Thrasher, Air Interdiction Customs and Border Protection, Anchorage, colleagues, who often referred to Ser- Agent, U.S. Customs and Border Protection, Alaska, End of Watch: August 15, 2010. geant Kenner as a gentle giant because McAllen, Texas, End of Watch: April 25, 2007. Michael V. Gallagher, Border Patrol his stature belied his kind nature and Richard Goldstein, Border Patrol Agent, Agent, U.S. Customs and Border Protection, selfless service to others. U.S. Customs and Border Protection, Indio, Casa Grande, Arizona, End of Watch: Sep- During Sergeant Kenner’s distin- California, End of Watch: May 11, 2007. tember 2, 2010. guished career, he earned several Robert F. Smith, Air Interdiction Agent, John R. Zykas, CBP Officer, U.S. Customs and Border Protection, San Diego, Cali- awards, including the North Dakota U.S. Customs and Border Protection, El Peace Officers Association Lifesaving Paso, Texas, End of Watch: May 22, 2007. fornia, End of Watch: September 8, 2010. Shaun M. Lin, Maritime Enforcement Spe- Award. Sergeant Kenner was also ac- Eric N. Cabral, Border Patrol Agent, U.S. cialist Third Class (E–4), U.S. Coast Guard, Customs and Border Protection, Boulevard, tively involved in his community, serv- Portsmouth, Virginia, End of Watch: October California, End of Watch: July 26, 2007. ing in a variety of capacities, including 13, 2010. Julio E. Baray, Air Interdiction Agent, as a member of the Missouri Valley Brian A. Terry, Border Patrol Agent, U.S. U.S. Customs and Border Protection, El Fraternal Order of Police, the National Customs and Border Protection, Naco Paso, Texas, End of Watch: September 24, Cochise, Arizona, End of Watch: December Trustee for North Dakota and the Mid- 2007. 15, 2010. west Association of Traffic Accident Luis Aguilar, Border Patrol Agent, U.S. Jaime J. Zapata, Special Agent, U.S. Im- Investigators. He is survived by his Customs and Border Protection, Yuma, Ari- migration and Customs Enforcement, Mexico wife, Debbie, and children James, Ste- zona, End of Watch: January 19, 2008. City, Mexico, End of Watch: February 15, phen, Kailey, and Tayler. Jarod C. Dittman, Border Patrol Agent, 2011. Last year, North Dakota also U.S. Customs and Border Protection, San Hector R. Clark, Border Patrol Agent, U.S. Diego, California, End of Watch: March 30, mourned Deputy Sheriff Bryan Sleeper Customs and Border Protection, Yuma, Ari- who died in the line of duty on Sep- 2008. zona, End of Watch: May 12, 2011. Thomas G. Nelson, Captain (O–6), U.S. Eduardo Rojas, Jr., Border Patrol Agent, tember 28, 2011. A lifelong North Dako- Coast Guard, Oahu, Hawaii, End of Watch: U.S. Customs and Border Protection, Yuma, tan, Deputy Sleeper graduated from September 4, 2008. Arizona, End of Watch: May 12, 2011. the University of Mary in 1997, and Andrew C. Wischmeier, Lieutenant Com- Dale T. Taylor, Lieutenant Commander (O– worked at the North Dakota state pen- mander (O–4), U.S. Coast Guard, Oahu, Ha- 4), U.S. Coast Guard, Point Clear, Alabama, itentiary and the Bismarck rural fire waii, End of Watch: September 4, 2008. End of Watch: February 28, 2012. department before beginning his distin- David L. Skimin, Aviation Survival Tech- Thomas J. Cameron, Lieutenant Junior guished career with the Burleigh Coun- nician First Class (E–6), U.S. Coast Guard, Grade (O–2), U.S. Coast Guard, Point Clear, Oahu, Hawaii, End of Watch: September 4, Alabama, End of Watch: February 28, 2012. ty sheriff’s department in 2007. 2008. Fernando Jorge, Aviation Survival Techni- Deputy Sleeper was an active mem- Joshua W. Nichols, Aviation Maintenance cian (E–7), U.S. Coast Guard, Point Clear, ber of his community, and his involve- Technician First Class (E–6), U.S. Coast Alabama, End of Watch: February 28, 2012. ment—like his job—aimed to improve

VerDate Mar 15 2010 02:02 May 16, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.044 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3171 the well-being of his fellow citizens. He of building up its military forces in chapel at Newtowne in 1662. The chapel earned his EMT certification and fear of a democratic , Beijing was built by the local Catholics for the taught CPR and first aid at St. Alexius will learn from Taiwan’s example and community that continues to the Medical Center and the Burleigh Coun- reform its own political system. De- present day as Saint Francis Xavier’s ty sheriff’s department. He was also a mocratization on both sides of the Tai- Parish, a parish within the Archdiocese volunteer firefighter, member of the wan Strait will lead to further expan- of Washington. West Dakota SWAT team and the vice sion of the economic and cultural ties In 1967, when the Society of Jesus president of the Fraternal Order of Po- that have begun to flourish in recent withdrew from Newtowne to work in lice Missouri Valley Lodge #3 for Bis- years as well as improve security for other areas, St. Francis Xavier Church, marck. At the sheriff’s department, he the entire region. Newtowne Manor, and the 7.5 acres sur- organized enforcement events includ- The United States understands that rounding them were conveyed to the ing a blood drive and Christmas shop- our interests are well served by a free Archdiocese of Washington. The Arch- ping event for children. Recognitions and democratic Taiwan. We want to see bishop of Washington at the time, include the North Dakota Peace Offi- Taiwan grow and thrive as an impor- James Cardinal Hickey, realized the re- cers Association Lifesaving Award. tant economic and trade partner, and ligious, historical and archeological Deputy Sleeper was a hardworking, we recognize that the safety and secu- significance of these buildings, both of ambitious and energetic man whose rity of Taiwan is very important to the which are on the national Register of kind heart and engaging personality security of the entire Asia-Pacific re- Historic Places, and he determined quickly endeared him to the people he gion. The partnership between the that they must be restored and pre- met. An athlete and outdoors enthu- United States and Taiwan, especially served to maintain a link with the ear- siast, Deputy Sleeper was a natural under the terms of the Taiwan Rela- liest days of the Roman Catholic Church in America. leader and committed family man and tions Act, has deterred aggressive ac- While the site of the current church, friend. He is survived by his wife Lana, tion in the Taiwan Strait and opened a.d. 1731, and the Newtowne Manor children Branden, Jeremy and Heather; the door for Taiwan to reach its full House, a.d. 1789, the graveyard, and the and grandson Hunter. potential as a strong democracy and an site of the original chapel have been This past week, North Dakotans important economic hub. I look for- excavated by archaeologists, more added the names of Steven Kenner and ward to strengthening the links be- work remains to be done to tell the full Bryan Sleeper to the North Dakota tween Taiwan and the United States in story of what is believed to be the sec- Peace Officer Memorial located on the the future, particularly through the re- ond public Catholic chapel built in the east side of the North Dakota State moval of remaining trade barriers and colonies. The first is thought to be in capitol. This memorial now bears the a renewed commitment to addressing neighboring Charles County, MD. I join names of 61 brave men. These North the security challenges facing Taiwan. Father Brian P. Sanderfoot and the Dakota peace officers, like the other I hope that the United States and the Saint Francis Xavier Catholic Church officers from across our country who Republic of China, as two fellow de- congregation in encouraging further have been killed in the line of duty, mocracies, will continue to support investigation and exploration of their have earned our unyielding gratitude each other and commit themselves to history. Their work will inform all of for their service and heroism. These even closer ties in the future. And in us about the colonial history of the brave men and women keep our com- that spirit, on the occasion of Taiwan’s Catholic community in Maryland and munities safe and secure, and it is fit- Inauguration Day, I congratulate the the early colonial life and freedoms ting and right that we should pay trib- people of Taiwan and join them in cele- evidenced in the records and archeo- ute to these heroes who have paid the brating the power and potential of de- logical findings of St. Francis Xavier ultimate sacrifice. mocracy. Catholic Church.∑ Mikey and I extend our deepest sym- f pathy to the families of all our fallen f officers, especially the families of Ser- ADDITIONAL STATEMENTS CONGRATULATING ASHLEE SMITH geant Kenner and Deputy Sleeper. Our ∑ Mr. HELLER. Mr. President, today I thoughts and prayers go out to them, 350TH ANNIVERSARY OF ST. wish to honor a young Nevadan for and we pray that they will take com- FRANCIS XAVIER CATHOLIC being recognized as one of America’s fort in knowing that their loved ones CHURCH top 10 youth volunteers of 2012. Ashlee served their State and fellow citizens Smith, a seventh grader from Sparks, ∑ with great honor and pride. Mr. CARDIN. Mr. President, today I NV, was awarded the prestigious na- wish to celebrate the 350th anniversary f tional Prudential Spirit of Community of St. Francis Xavier Catholic Church Award for her efforts to assist child TAIWAN’S PRESIDENTIAL in Leonardtown, MD. I hope my col- INAUGURATION victims of house fires and natural dis- leagues will join me in celebrating the asters. I am proud to congratulate one Mr. HOEVEN. Mr. President, today I centuries of history in marking this of Nevada’s own for her leadership, wish to recognize Inauguration Day in anniversary, including the establish- compassion, and selflessness as she sets Taiwan on May 20, 2012. On January 14, ment of Catholicism in English Amer- a fine example for students all across Mr. Ma Ying-jeou was elected to his ica. It was 350 years ago that the United States who want to make a second term as President of the Repub- Leonardtown, which was then known difference. lic of China. I offer congratulations to as Newtowne, was founded as the first Ashlee’s home burned down in a dev- Mr. Ma not only for winning the elec- settlement in the Maryland province astating fire in 2005, destroying all that tion but for what his election symbol- after the establishment of St. Mary’s her family owned—including her child- izes: the continued growth and matura- City. Its geographic location places it hood toys. Ever since this experience, tion of democracy in the Republic of within view of St. Clement’s Island she has dedicated her free time to help- China. Taiwan is the first place in the where the English colonists first land- ing children who are victims of natural ethnic Chinese world where democracy ed in 1634. Prior to its settlement by disasters recover their lost belongings. has taken root, and its democratic the colonists, the Piscataway Indians At 8 years old, she founded Ashlee’s transformation has laid the foundation and their forebears had occupied the Toy Closet, a nonprofit organization for reduced tensions across the Taiwan site for many centuries. that helps low-income children as well Strait and strengthened its ties with Lord Baltimore founded the Mary- as those who have been affected by nat- the United States as well. land colony with the intention of pro- ural disasters. Over the past 5 years, Taiwan’s democracy brightens the fu- viding his co-religionists with the civil she has collected and distributed more ture of East Asia. Taipei poses no liberty to exercise their religion freely, than 175,000 toys to children who have threat to Beijing, and its democratic but it was not until the restoration of been affected by natural disasters. government has fostered the develop- Charles II to the throne in Ashlee’s commitment to children in ment of strong cross-strait economic that the political climate in Maryland need is inspiring and reinforces the im- and cultural ties. I hope that, instead allowed for the building of a public portance of serving our communities.

VerDate Mar 15 2010 02:02 May 16, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.042 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3172 CONGRESSIONAL RECORD — SENATE May 15, 2012 Having four children of my own, I un- of Homeland Security, transmitting, pursu- NY’’ ((RIN1625–AA09) (Docket No. USCG– derstand the importance of creating an ant to law, the report of a rule entitled 2012–0144)) received in the Office of the Presi- environment where our kids can give ‘‘Drawbridge Operation Regulation; St. Croix dent of the Senate on May 9, 2012; to the back to their communities. Encour- River, Stillwater, MN’’ ((RIN1625–AA09) Committee on Commerce, Science, and (Docket No. USCG–2012–0226)) received in the Transportation. aging our Nation’s next generation of Office of the President of the Senate on May EC–6092. A communication from the Attor- leaders to become engaged in commu- 9, 2012; to the Committee on Commerce, ney-Advisor, U.S. Coast Guard, Department nity service will help ensure that they Science, and Transportation. of Homeland Security, transmitting, pursu- are active and positive contributors to EC–6084. A communication from the Attor- ant to law, the report of a rule entitled their local community. We must en- ney-Advisor, U.S. Coast Guard, Department ‘‘Drawbridge Operation Regulation; Lake courage our Nation’s youth to excel be- of Homeland Security, transmitting, pursu- Washington Ship Canal, Seattle, WA’’ ((RIN1625–AA09) (Docket No. USCG–2012– yond the academic arena, demonstrate ant to law, the report of a rule entitled ‘‘Drawbridge Operation Regulations; Niantic 0280)) received in the Office of the President strong leadership skills, and show ac- River, Niantic, CT’’ ((RIN1625–AA09) (Docket of the Senate on May 9, 2012; to the Com- tive initiative to support their commu- No. USCG–2012–0305)) received in the Office of mittee on Commerce, Science, and Transpor- nities. the President of the Senate on May 9, 2012; to tation. I am proud to stand with the citizens the Committee on Commerce, Science, and EC–6093. A communication from the Attor- of Sparks to congratulate Ashlee on Transportation. ney-Advisor, U.S. Coast Guard, Department this exceptional accomplishment. As EC–6085. A communication from the Attor- of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled she continues to grow her organization, ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- ‘‘Drawbridge Operation Regulations; James I hope that she will serve as an exam- ant to law, the report of a rule entitled River, Hopewell, VA’’ ((RIN1625–AA09) ple for Nevada’s youth and will con- ‘‘Drawbridge Operation Regulation; Lake (Docket No. USCG–2012–0292)) received in the tinue building upon this experience in Washington Ship Canal, Seattle, WA’’ Office of the President of the Senate on May her professional and personal future. ((RIN1625–AA09) (Docket No. USCG–2012– 9, 2012; to the Committee on Commerce, Today, I ask my colleagues to join me 0362)) received in the Office of the President Science, and Transportation. of the Senate on May 9, 2012; to the Com- EC–6094. A communication from the Attor- in recognizing an ambitious Nevadan ney-Advisor, U.S. Coast Guard, Department who has helped make a difference in mittee on Commerce, Science, and Transpor- tation. of Homeland Security, transmitting, pursu- the lives of thousands all over the Na- ant to law, the report of a rule entitled ∑ EC–6086. A communication from the Attor- tion. ney-Advisor, U.S. Coast Guard, Department ‘‘Drawbridge Operation Regulation; Intra- coastal Waterway, Chesapeake, VA’’ f of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ((RIN1625–AA09) (Docket No. USCG–2012– MESSAGES FROM THE PRESIDENT ‘‘Drawbridge Operation Regulation; Long Is- 0330)) received in the Office of the President land, New York Inland Waterway from East of the Senate on May 9, 2012; to the Com- Messages from the President of the mittee on Commerce, Science, and Transpor- United States were communicated to Rockaway Inlet to Shinnecock Canal, NY’’ ((RIN1625–AA09) (Docket No. USCG–2011– tation. the Senate by Mr. Pate, one of his sec- EC–6095. A communication from the Attor- 1132)) received in the Office of the President ney, U.S. Coast Guard, Department of Home- retaries. of the Senate on May 9, 2012; to the Com- land Security, transmitting, pursuant to mittee on Commerce, Science, and Transpor- f law, the report of a rule entitled ‘‘Safety tation. Zone; Crowley Barge 750–2; Bayou Casotte; EXECUTIVE MESSAGES REFERRED EC–6087. A communication from the Attor- Pascagoula, MS’’ ((RIN1625–AA00) (Docket ney-Advisor, U.S. Coast Guard, Department As in executive session the Presiding No. USCG–2012–0190)) received in the Office of of Homeland Security, transmitting, pursu- Officer laid before the Senate messages the President of the Senate on May 9, 2012; to ant to law, the report of a rule entitled from the President of the United the Committee on Commerce, Science, and ‘‘Drawbridge Operation Regulation; Ana- States submitting sundry nominations Transportation. costia River, Washington, DC’’ ((RIN1625– EC–6096. A communication from the Attor- and a withdrawal which were referred AA09) (Docket No. USCG–2011–0591)) received to the appropriate committees. ney, U.S. Coast Guard, Department of Home- in the Office of the President of the Senate land Security, transmitting, pursuant to (The nominations received today are on May 9, 2012; to the Committee on Com- law, the report of a rule entitled ‘‘Safety printed at the end of the Senate pro- merce, Science, and Transportation. Zone; 2012 Mavericks Invitational, Half Moon ceedings.) EC–6088. A communication from the Attor- Bay, CA’’ ((RIN1625–AA00) (Docket No. ney-Advisor, U.S. Coast Guard, Department f USCG–2011–1146)) received in the Office of the of Homeland Security, transmitting, pursu- President of the Senate on May 9, 2012; to the MEASURES PLACED ON THE ant to law, the report of a rule entitled Committee on Commerce, Science, and CALENDAR ‘‘Drawbridge Operation Regulations; Man- Transportation. chester Harbor, Manchester, MA’’ ((RIN1625– EC–6097. A communication from the Attor- The following bill was read the sec- AA09) (Docket No. USCG–2012–0344)) received ney-Advisor, U.S. Coast Guard, Department ond time, and placed on the calendar: in the Office of the President of the Senate of Homeland Security, transmitting, pursu- H.R. 5652. An act to provide for reconcili- on May 9, 2012; to the Committee on Com- ant to law, the report of a rule entitled ation pursuant to section 201 of the concur- merce, Science, and Transportation. ‘‘Safety Zone; Patapsco River, Northwest EC–6089. A communication from the Attor- rent resolution on the budget for fiscal year and Inner Harbors, Baltimore, MD’’ ney-Advisor, U.S. Coast Guard, Department 2013. ((RIN1625–AA00) (Docket No. USCG–2012– of Homeland Security, transmitting, pursu- 0101)) received in the Office of the President f ant to law, the report of a rule entitled of the Senate on May 9, 2012; to the Com- MEASURES READ FOR THE FIRST ‘‘Drawbridge Operation Regulation; Saginaw mittee on Commerce, Science, and Transpor- River, Bay City, MI’’ ((RIN1625–AA09) (Dock- TIME tation. et No. USCG–2011–1013)) received in the Office EC–6098. A communication from the Attor- The following bill was read the first of the President of the Senate on May 9, 2012; ney-Advisor, U.S. Coast Guard, Department time: to the Committee on Commerce, Science, of Homeland Security, transmitting, pursu- and Transportation. ant to law, the report of a rule entitled S. 3187. A bill to amend the Federal Food, EC–6090. A communication from the Attor- ‘‘Safety Zone; Matlacha Bridge Construc- Drug, and Cosmetic Act to revise and extend ney-Advisor, U.S. Coast Guard, Department tion, Matlacha Pass, Matlacha, FL’’ the user-fee programs for prescription drugs of Homeland Security, transmitting, pursu- ((RIN1625–AA00) (Docket No. USCG–2011– and medical devices, to establish user-fee ant to law, the report of a rule entitled 1115)) received in the Office of the President programs for generic drugs and biosimilars, ‘‘Safety Zone; Sunken Vessel, Puget Sound, of the Senate on May 9, 2012; to the Com- and for other purposes. Everett, WA’’ ((RIN1625–AA00) (Docket No. mittee on Commerce, Science, and Transpor- f USCG–2012–0282)) received in the Office of the tation. President of the Senate on May 9, 2012; to the EC–6099. A communication from the Attor- EXECUTIVE AND OTHER Committee on Commerce, Science, and ney-Advisor, U.S. Coast Guard, Department COMMUNICATIONS Transportation. of Homeland Security, transmitting, pursu- The following communications were EC–6091. A communication from the Attor- ant to law, the report of a rule entitled laid before the Senate, together with ney-Advisor, U.S. Coast Guard, Department ‘‘Safety Zone for Margate Bridge, Intra- of Homeland Security, transmitting, pursu- coastal Waterway; Margate, NJ’’ ((RIN1625– accompanying papers, reports, and doc- ant to law, the report of a rule entitled AA00) (Docket No. USCG–2012–0069)) received uments, and were referred as indicated: ‘‘Drawbridge Operation Regulations; Long in the Office of the President of the Senate EC–6083. A communication from the Attor- Island, New York Inland Waterway from on May 9, 2012; to the Committee on Com- ney-Advisor, U.S. Coast Guard, Department East Rockaway Inlet to Shinnecock Canal, merce, Science, and Transportation.

VerDate Mar 15 2010 02:02 May 16, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.012 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3173 EC–6100. A communication from the Attor- ‘‘Safety Zone; Magothy River, Sillery Bay, Open Water Swim, Wando River and Cooper ney-Advisor, U.S. Coast Guard, Department MD’’ ((RIN1625–AA00) (Docket No. USCG– River, Mount Pleasant, SC’’ ((RIN1625–AA08) of Homeland Security, transmitting, pursu- 2012–0001)) received in the Office of the Presi- (Docket No. USCG–2012–0252)) received in the ant to law, the report of a rule entitled dent of the Senate on May 9, 2012; to the Office of the President of the Senate on May ‘‘Eighth Coast Guard District Annual Marine Committee on Commerce, Science, and 9, 2012; to the Committee on Commerce, Events and Safety Zones’’ ((RIN1625–AA00; Transportation. Science, and Transportation. 1625–AA08) (Docket No. USCG–2011–0286)) re- EC–6109. A communication from the Attor- EC–6117. A communication from the Attor- ceived in the Office of the President of the ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department Senate on May 9, 2012; to the Committee on of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Se- ant to law, the report of a rule entitled ‘‘Spe- EC–6101. A communication from the Attor- curity Zone; Choptank River and Cambridge cial Local Regulation; Smokin The Lake; ney-Advisor, U.S. Coast Guard, Department Channel, Cambridge, MD’’ ((RIN1625–AA87) Gulfport Lake; Gulfport, MS’’ ((RIN1625– of Homeland Security, transmitting, pursu- (Docket No. USCG–2011–1164)) received in the AA08) (Docket No. USCG–2012–0168)) received ant to law, the report of a rule entitled Office of the President of the Senate on May in the Office of the President of the Senate ‘‘Safety Zone; Coast Guard Exercise, Hood 9, 2012; to the Committee on Commerce, on May 9, 2012; to the Committee on Com- Canal, Washington’’ ((RIN1625–AA00) (Docket Science, and Transportation. merce, Science, and Transportation. No. USCG–2012–0283)) received in the Office of EC–6110. A communication from the Attor- EC–6118. A communication from the Attor- the President of the Senate on May 9, 2012; to ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department the Committee on Commerce, Science, and of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- Transportation. ant to law, the report of a rule entitled ‘‘Se- ant to law, the report of a rule entitled ‘‘Spe- EC–6102. A communication from the Attor- curity Zones; North Atlantic Treaty Organi- cial Local Regulations and Safety Zones; Re- ney-Advisor, U.S. Coast Guard, Department zation (NATO) Summit, Chicago, IL’’ curring Events in Northern New England’’ of Homeland Security, transmitting, pursu- ((RIN1625–AA87) (Docket No. USCG–2012– ((RIN1625–AA00; 1625–AA08; 1625–AA87) (Dock- ant to law, the report of a rule entitled 0052)) received in the Office of the President et No. USCG–2011–1023)) received in the Office ‘‘Safety Zone; Non-Compliant Vessel Pursuit of the Senate on May 9, 2012; to the Com- of the President of the Senate on May 9, 2012; Training Course, Wando River, Charleston, mittee on Commerce, Science, and Transpor- to the Committee on Commerce, Science, SC’’ ((RIN1625–AA00) (Docket No. USCG–2012– tation. and Transportation. EC–6111. A communication from the Attor- 0138)) received in the Office of the President EC–6119. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department of the Senate on May 9, 2012; to the Com- ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- mittee on Commerce, Science, and Transpor- of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘Spe- tation. ant to law, the report of a rule entitled ‘‘Spe- EC–6103. A communication from the Attor- cial Local Regulations; Safety and Security cial Local Regulations for Marine Events; ney-Advisor, U.S. Coast Guard, Department Zones; Recurring Events in Captain of the Potomac River, Charles County, MD’’ of Homeland Security, transmitting, pursu- Port of Long Island Sound Zone’’ ((RIN1625– ((RIN1625–AA08) (Docket No. USCG–2011– ant to law, the report of a rule entitled AA00, 1625–AA08, 1625–AA87) (Docket No. 1176)) received in the Office of the President ‘‘Safety Zones; Sellwood Bridge Project, Wil- USCG–2008–0384)) received in the Office of the of the Senate on May 9, 2012; to the Com- lamette River; Portland, OR’’ ((RIN1625– President of the Senate on May 9, 2012; to the mittee on Commerce, Science, and Transpor- AA00) (Docket No. USCG–2011–1174)) received Committee on Commerce, Science, and tation. in the Office of the President of the Senate Transportation. EC–6120. A communication from the Attor- on May 9, 2012; to the Committee on Com- EC–6112. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department merce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department EC–6104. A communication from the Attor- of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Spe- ant to law, the report of a rule entitled ‘‘Spe- of Homeland Security, transmitting, pursu- cial Local Regulations for Marine Events; cial Local Regulation; Hebda Cup Rowing ant to law, the report of a rule entitled Spa Creek and Annapolis Harbor, Annapolis, Regatta, Trenton Channel; Detroit River, ‘‘Safety Zone; 2012 Memorial Day Tribute MD’’ ((RIN1625–AA08) (Docket No. USCG– Wyandotte, MI’’ ((RIN1625–AA08) (Docket No. Fireworks, Lake Charlevoix, Boyne City, 2011–1120)) received in the Office of the Presi- USCG–2012–0340)) received in the Office of the Michigan’’ ((RIN1625–AA00) (Docket No. dent of the Senate on May 9, 2012; to the President of the Senate on May 9, 2012; to the USCG–2012–0337)) received in the Office of the Committee on Commerce, Science, and Committee on Commerce, Science, and President of the Senate on May 9, 2012; to the Transportation. Transportation. Committee on Commerce, Science, and EC–6113. A communication from the Attor- EC–6121. A communication from the Attor- Transportation. ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department EC–6105. A communication from the Attor- of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Spe- ant to law, the report of a rule entitled ‘‘Spe- of Homeland Security, transmitting, pursu- cial Local Regulation; Emerald Coast Super cial Local Regulation; Galveston Bay, ant to law, the report of a rule entitled Boat Grand Prix; Saint Andrew Bay; Panama Kemah, TX’’ ((RIN1625–AA08) (Docket No. ‘‘Safety Zones; Annual Events Requiring City, FL’’ ((RIN1625–AA08) (Docket No. USCG–2012–0170)) received in the Office of the Safety Zones in the Captain of the Port Lake USCG–2012–0085)) received in the Office of the President of the Senate on May 9, 2012; to the Michigan Zone’’ ((RIN1625–AA00) (Docket No. President of the Senate on May 9, 2012; to the Committee on Commerce, Science, and USCG–2012–0045)) received in the Office of the Committee on Commerce, Science, and Transportation. President of the Senate on May 9, 2012; to the Transportation. EC–6122. A communication from the Attor- Committee on Commerce, Science, and EC–6114. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department Transportation. ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- EC–6106. A communication from the Attor- of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘Spe- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Spe- cial Local Regulation; Wy-Hi Rowing Re- of Homeland Security, transmitting, pursu- cial Local Regulations; Patriot Challenge gatta, Trenton Channel; Detroit River, Wy- ant to law, the report of a rule entitled Kayak Race, Ashley River, Charleston, SC’’ andotte, MI’’ ((RIN1625–AA08) (Docket No. ‘‘Safety Zone; East River, Brooklyn Bridge ((RIN1625–AA08) (Docket No. USCG–2011– USCG–2012–0342)) received in the Office of the Scaffolding Repair, Brooklyn, NY’’ 1095)) received in the Office of the President President of the Senate on May 9, 2012; to the ((RIN1625–AA00) (Docket No. USCG–2012– of the Senate on May 9, 2012; to the Com- Committee on Commerce, Science, and 0263)) received in the Office of the President mittee on Commerce, Science, and Transpor- Transportation. of the Senate on May 9, 2012; to the Com- tation. mittee on Commerce, Science, and Transpor- EC–6115. A communication from the Attor- f tation. ney-Advisor, U.S. Coast Guard, Department EC–6107. A communication from the Attor- of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Spe- REPORTS OF COMMITTEES of Homeland Security, transmitting, pursu- cial Local Regulation; Tuscaloosa Dragon The following reports of committees ant to law, the report of a rule entitled Boat Race; Black Warrior River; Tuscaloosa, ‘‘Safety Zones; TriMet Bridge Project, Wil- AL’’ ((RIN1625–AA08) (Docket No. USCG– were submitted: lamette River, Portland, OR’’ ((RIN1625– 2012–0218)) received in the Office of the Presi- By Mr. KERRY, from the Committee on AA00) (Docket No. USCG–2011–1173)) received dent of the Senate on May 9, 2012; to the Foreign Relations, without amendment: in the Office of the President of the Senate Committee on Commerce, Science, and S. 1023. A bill to authorize the President to on May 9, 2012; to the Committee on Com- Transportation. provide assistance to the Government of merce, Science, and Transportation. EC–6116. A communication from the Attor- Haiti to end within 5 years the deforestation EC–6108. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department in Haiti and restore within 30 years the ex- ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- tent of tropical forest cover in existence in of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘Spe- Haiti in 1990, and for other purposes (Rept. ant to law, the report of a rule entitled cial Local Regulations; Lowcountry Splash No. 112–165).

VerDate Mar 15 2010 02:02 May 16, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A15MY6.027 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3174 CONGRESSIONAL RECORD — SENATE May 15, 2012 EXECUTIVE REPORTS OF incentives for solar energy; to the Com- the Social Security Act to modernize COMMITTEE mittee on Finance. payments for ambulatory surgical cen- By Mrs. MURRAY: ters under the Medicare program. The following executive reports of S. 3184. A bill to suspend temporarily the S. 1288 nominations were submitted: duty on certain fitness equipment; to the By Mr. LEVIN for the Committee on Committee on Finance. At the request of Mr. ROBERTS, the Armed Services. By Mr. CORNYN: name of the Senator from North Da- *Jessica Lynn Wright, of Pennsylvania, to S. 3185. A bill to amend the Immigration kota (Mr. HOEVEN) was added as a co- be an Assistant Secretary of Defense. and Nationality Act to provide certain im- sponsor of S. 1288, a bill to exempt cer- *James N. Miller, Jr., of Virginia, to be migration benefits for aliens with advanced tain class A CDL drivers from the re- Under Secretary of Defense for Policy. degrees in science, technology, engineering, quirement to obtain a hazardous mate- *Frank Kendall III, of Virginia, to be or mathematics and for other purposes; to rial endorsement while operating a the Committee on the Judiciary. Under Secretary of Defense for Acquisition, service vehicle with a fuel tank con- Technology, and Logistics. By Mr. SCHUMER: *Erin C. Conaton, of the District of Colum- S. 3186. A bill to make it unlawful to alter taining 3,785 liters (1,000 gallons) or bia, to be Under Secretary of Defense for or remove the identification number of a mo- less of diesel fuel. Personnel and Readiness. bile device; to the Committee on the Judici- S. 1497 *Heidi Shyu, of California, to be an Assist- ary. At the request of Ms. KLOBUCHAR, the ant Secretary of the Army. By Mr. HARKIN (for himself and Mr. name of the Senator from Iowa (Mr. *Derek H. Chollet, of Nebraska, to be an ENZI): GRASSLEY) was added as a cosponsor of Assistant Secretary of Defense. S. 3187. A bill to amend the Federal Food, S. 1497, a bill to amend title XVIII of Drug, and Cosmetic Act to revise and extend *Kathleen H. Hicks, of Virginia, to be a the Social Security Act to extend for 3 Principal Deputy Under Secretary of De- the user-fee programs for prescription drugs fense. and medical devices, to establish user-fee years reasonable cost contracts under Medicare. *Nomination was reported with rec- programs for generic drugs and biosimilars, and for other purposes; read the first time. S. 1577 ommendation that it be confirmed sub- By Mr. RUBIO (for himself, Mr. COR- At the request of Mr. BAUCUS, the ject to the nominee’s commitment to NYN, Mrs. HUTCHISON, Mr. NELSON of names of the Senator from New York respond to requests to appear and tes- Florida, Mr. PAUL, Mr. INHOFE, Mr. (Mr. SCHUMER) and the Senator from tify before any duly constituted com- DEMINT, Mr. BLUNT, and Mr. LEE): Oregon (Mr. MERKLEY) were added as mittee of the Senate. S.J. Res. 40. A joint resolution providing for congressional disapproval under chapter 8 cosponsors of S. 1577, a bill to amend f of title 5, United States Code, of the rules the Internal Revenue Code of 1986 to in- INTRODUCTION OF BILLS AND submitted by the Department of the Treas- crease and make permanent the alter- JOINT RESOLUTIONS ury and the Internal Revenue Service relat- native simplified research credit, and ing to the reporting requirements for inter- for other purposes. The following bills and joint resolu- est that relates to the deposits maintained S. 1591 tions were introduced, read the first at United States offices of certain financial and second times by unanimous con- institutions and is paid to certain non- At the request of Mrs. GILLIBRAND, sent, and referred as indicated: resident alien individuals; to the Committee the name of the Senator from Iowa By Mr. HELLER: on Finance. (Mr. GRASSLEY) was added as a cospon- sor of S. 1591, a bill to award a Congres- S. 3177. A bill to amend the Truth in Lend- f ing Act to require servicers to provide re- sional Gold Medal to Raoul sponses to mortgagors requesting residential SUBMISSION OF CONCURRENT AND Wallenberg, in recognition of his mortgage loan refinancing, and for other SENATE RESOLUTIONS achievements and heroic actions dur- purposes; to the Committee on Banking, The following concurrent resolutions ing the Holocaust. Housing, and Urban Affairs. S. 1701 By Mr. LEE (for himself, Mr. RUBIO, and Senate resolutions were read, and At the request of Ms. SNOWE, the and Mr. PAUL): referred (or acted upon), as indicated: name of the Senator from Connecticut S. 3178. A bill to amend section 1951 of title By Mrs. BOXER (for herself and Mr. LUMENTHAL 18, United States Code (commonly known as INHOFE): (Mr. B ) was added as a co- the Hobbs Act), and for other purposes; to S. Res. 460. A resolution designating the sponsor of S. 1701, a bill to amend the the Committee on the Judiciary. week of May 20 through May 26, 2012, as ‘‘Na- Harmful Algal Blooms and Hypoxia Re- By Mr. REED (for himself, Mr. DURBIN, tional Public Works Week’’; considered and search and Control Act of 1998, and for Mr. WHITEHOUSE, Mr. BROWN of Ohio, agreed to. other purposes. and Mr. BEGICH): By Mr. LAUTENBERG (for himself, S. 1872 S. 3179. A bill to amend the Ms. MURKOWSKI, Mr. BROWN of Ohio, At the request of Mr. CASEY, the Servicemembers Civil Relief Act to enhance Mrs. MURRAY, Mr. BEGICH, Mr. WAR- name of the Senator from Minnesota the protections accorded to servicemembers NER, Ms. LANDRIEU, Mr. SANDERS, and their spouses with respect to mortgages, Mrs. GILLIBRAND, Ms. STABENOW, Mr. (Mr. FRANKEN) was added as a cospon- and for other purposes; to the Committee on JOHNSON of South Dakota, Mr. COONS, sor of S. 1872, a bill to amend the Inter- Veterans’ Affairs. Mrs. FEINSTEIN, and Mr. KOHL): nal Revenue Code of 1986 to provide for By Mrs. GILLIBRAND: S. Res. 461. A resolution recognizing the the tax treatment of ABLE accounts S. 3180. A bill to require the Department of teachers of the United States for their con- established under State programs for Defense to develop a plan to track and re- tributions to the development and progress the care of family members with dis- spond to incidents of hazing in the Armed of our Nation; considered and agreed to. Forces; to the Committee on Armed Serv- abilities, and for other purposes. ices. f S. 1878 By Mrs. GILLIBRAND (for herself and ADDITIONAL COSPONSORS At the request of Mr. MENENDEZ, the Mr. CARDIN): name of the Senator from Connecticut S. 3181. A bill to amend title 10, United S. 534 (Mr. BLUMENTHAL) was added as a co- States Code, to require a plan to ensure the At the request of Mr. KERRY, the sponsor of S. 1878, a bill to assist low- military leadership of the Armed Forces re- names of the Senator from New York income individuals in obtaining rec- flects the diversity of the population of the (Mrs. GILLIBRAND) and the Senator ommended dental care. United States, and for other purposes; to the from Hawaii (Mr. INOUYE) were added Committee on Armed Services. S. 1908 By Mrs. GILLIBRAND: as cosponsors of S. 534, a bill to amend At the request of Mr. GRASSLEY, the S. 3182. A bill to require a report on imple- the Internal Revenue Code of 1986 to names of the Senator from Arkansas mentation of a termination on the ground provide a reduced rate of excise tax on (Mr. PRYOR) and the Senator from Ohio combat exclusion policy for female members beer produced domestically by certain (Mr. PORTMAN) were added as cospon- of the Armed Forces; to the Committee on small producers. sors of S. 1908, a bill to amend the In- Armed Services. S. 1173 ternal Revenue Code of 1986 to clarify By Mr. SCHUMER (for himself and Mr. YDEN BROWN of Ohio): At the request of Mr. W , the the employment tax treatment and re- S. 3183. A bill to amend the Internal Rev- name of the Senator from Tennessee porting of wages paid by professional enue Code of 1986 to require the use of do- (Mr. CORKER) was added as a cosponsor employer organization, and for other mestic property to be eligible for certain tax of S. 1173, a bill to amend title XVIII of purposes.

VerDate Mar 15 2010 02:02 May 16, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A15MY6.025 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3175 S. 1910 HATCH) and the Senator from Arizona kota (Mr. THUNE) was added as a co- At the request of Mr. LIEBERMAN, the (Mr. MCCAIN) were added as cosponsors sponsor of S. 3083, a bill to amend the name of the Senator from Delaware of S. 2245, a bill to preserve existing Internal Revenue Code of 1986 to re- (Mr. COONS) was added as a cosponsor rights and responsibilities with respect quire certain nonresident aliens to pro- of S. 1910, a bill to provide benefits to to waters of the United States. vide valid immigration documents to domestic partners of Federal employ- S. 2276 claim the refundable portion of the ees. At the request of Mr. GRASSLEY, the child tax credit. S. 1935 name of the Senator from Minnesota S. RES. 399 At the request of Ms. COLLINS, the (Ms. KLOBUCHAR) was added as a co- At the request of Mr. MENENDEZ, the name of the Senator from Georgia (Mr. sponsor of S. 2276, a bill to permit Fed- name of the Senator from Michigan CHAMBLISS) was added as a cosponsor of eral officers to remove cases involving (Ms. STABENOW) was added as a cospon- S. 1935, a bill to require the Secretary crimes of violence to Federal court. sor of S. Res. 399, a resolution calling of the Treasury to mint coins in rec- S. 2277 upon the President to ensure that the ognition and celebration of the 75th an- At the request of Mr. THUNE, the foreign policy of the United States re- niversary of the establishment of the name of the Senator from Wyoming flects appropriate understanding and March of Dimes Foundation. (Mr. ENZI) was added as a cosponsor of sensitivity concerning issues related to S. 2003 S. 2277, a bill to respond to the extreme human rights, crimes against human- At the request of Mrs. FEINSTEIN, the fire hazard and unsafe conditions re- ity, ethnic cleansing, and genocide doc- name of the Senator from Montana sulting from pine beetle infestation, umented in the United States record (Mr. BAUCUS) was added as a cosponsor drought, disease, or storm damage by relating to the Armenian Genocide, of S. 2003, a bill to clarify that an au- declaring a state of emergency and di- and for other purposes. thorization to use military force, a dec- recting the Secretary of Agriculture to S. RES. 401 laration of war, or any similar author- immediately implement hazardous At the request of Mr. WHITEHOUSE, ity shall not authorize the detention fuels reduction projects in the manner the name of the Senator from Hawaii without charge or trial of a citizen or provided in title I of the Healthy For- (Mr. AKAKA) was added as a cosponsor lawful permanent resident of the ests Restoration Act of 2003, and for of S. Res. 401, a resolution expressing United States and for other purposes. other purposes. appreciation for Foreign Service and S. 2047 S. 2299 Civil Service professionals who rep- At the request of Mr. SCHUMER, the At the request of Mrs. MURRAY, the resent the United States around the names of the Senator from Vermont name of the Senator from Rhode Island globe. (Mr. SANDERS), the Senator from Mary- (Mr. REED) was added as a cosponsor of S. RES. 435 land (Ms. MIKULSKI) and the Senator S. 2299, a bill to amend the At the request of Mr. CASEY, the from New York (Mrs. GILLIBRAND) were Servicemembers Civil Relief Act and names of the Senator from New Jersey added as cosponsors of S. 2047, a bill to title 38, United States Code, to improve (Mr. MENENDEZ) and the Senator from authorize the Secretary of Education the provision of civil relief to members Connecticut (Mr. BLUMENTHAL) were to make demonstration grants to eligi- of the uniformed services and to im- added as cosponsors of S. Res. 435, a ble local educational agencies for the prove the enforcement of employment resolution calling for democratic purpose of reducing the student-to- and reemployment rights of such mem- change in , and for other pur- school nurse ratio in public elementary bers, and for other purposes. poses. schools and secondary schools. S. 2320 f S. 2069 At the request of Ms. AYOTTE, the At the request of Ms. MIKULSKI, the names of the Senator from Georgia STATEMENTS ON INTRODUCED name of the Senator from Montana (Mr. ISAKSON) and the Senator from In- BILLS AND JOINT RESOLUTIONS (Mr. TESTER) was added as a cosponsor diana (Mr. LUGAR) were added as co- By Mr. REED (for himself, Mr. of S. 2069, a bill to amend the Public sponsors of S. 2320, a bill to direct the DURBIN, Mr. WHITEHOUSE, Mr. Health Service Act to speed American American Battle Monuments Commis- BROWN of Ohio, and Mr. innovation in research and drug devel- sion to provide for the ongoing mainte- BEGICH): opment for the leading causes of death nance of Clark Veterans Cemetery in S. 3179. A bill to amend the that are the most costly chronic condi- the Republic of the Philippines, and for Servicemembers Civil Relief Act to en- tions for our Nation, to save American other purposes. hance the protections accorded to families and the Federal and State gov- S. 2325 servicemembers and their spouses with ernments money, and to help family At the request of Mr. NELSON of Flor- respect to mortgages, and for other caregivers. ida, the name of the Senator from Lou- purposes; to the Committee on Vet- S. 2074 isiana (Mr. VITTER) was added as a co- erans’ Affairs. At the request of Mr. CARDIN, the sponsor of S. 2325, a bill to authorize Mr. REED. Mr. President, today I in- name of the Senator from Vermont further assistance to Israel for the Iron troduce the Servicemember Housing (Mr. SANDERS) was added as a cospon- Dome anti-missile defense system. Protection Act, and I thank Senators sor of S. 2074, a bill to amend the Inter- S. 2347 DURBIN, SHERROD BROWN, WHITEHOUSE, nal Revenue Code of 1986 to expand the At the request of Mr. CARDIN, the and BEGICH for joining me as original rehabilitation credit, and for other pur- name of the Senator from Pennsyl- cosponsors of this bill. poses. vania (Mr. CASEY) was added as a co- In 1940, as World War II escalated S. 2076 sponsor of S. 2347, a bill to amend title across the globe, Congress enacted the At the request of Mr. FRANKEN, the XVIII of the Social Security Act to en- Soldiers’ and Sailors’ Civil Relief Act name of the Senator from Connecticut sure the continued access of Medicare ‘‘to protect those who have been (Mr. BLUMENTHAL) was added as a co- beneficiaries to diagnostic imaging obliged to drop their own affairs to sponsor of S. 2076, a bill to improve se- services. take up the burdens of the nation.’’ In curity at State and local courthouses. S. 3048 2003, Congress passed a new version of S. 2160 At the request of Mr. BROWN of Ohio, this law to reflect the new challenges At the request of Mr. MORAN, the the name of the Senator from Vermont of post-9/11 service and renamed it the name of the Senator from Maine (Ms. (Mr. SANDERS) was added as a cospon- Servicemembers Civil Relief Act, COLLINS) was added as a cosponsor of S. sor of S. 3048, a bill to provide for a SCRA. In 2010, in order to address the 2160, a bill to improve the examination safe, accountable, fair, and efficient country’s high foreclosure rates and of depository institutions, and for banking system, and for other pur- their impact on servicemembers, Con- other purposes. poses. gress further amended this law to en- S. 2245 S. 3083 hance foreclosure protections. At the request of Mr. BARRASSO, the At the request of Mr. RUBIO, the Also in 2010, when it became evident names of the Senator from Utah (Mr. name of the Senator from South Da- that military families needed an entity

VerDate Mar 15 2010 02:02 May 16, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A15MY6.032 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3176 CONGRESSIONAL RECORD — SENATE May 15, 2012 to serve as a watchdog, provide edu- the Military Officers Association of S. RES. 461 cation, and help monitor and respond America, in supporting this bill and Whereas education is the foundation of the to concerns, questions, and complaints taking these next steps to add protec- current and future strength of the United about consumer financial products and tions for our military families. States; Whereas teachers and other education staff services, I led the bipartisan effort dur- f ing the Dodd-Frank act debate to cre- have earned and deserve the respect of stu- SUBMITTED RESOLUTIONS dents and communities for selfless dedica- ate a new Office of Servicemember Af- tion to our Nation’s children; fairs within the Consumer Financial Whereas the purpose of ‘‘National Teacher Protection Bureau, CFPB. Appreciation Week’’, is to raise public Our country has a strong tradition of SENATE RESOLUTION 460—DESIG- awareness of the important contributions of ensuring that the laws that protect our NATING THE WEEK OF MAY 20 teachers and to promote greater respect and servicemembers keep pace with the THROUGH MAY 26, 2012, AS ‘‘NA- understanding for the teaching profession; challenges that they face. The Service- TIONAL PUBLIC WORKS WEEK’’ Whereas the teachers of the United States play an important role in preparing children member Housing Protection Act seeks Mrs. BOXER (for herself and Mr. to address one such continuing chal- to be positive and contributing members of INHOFE) submitted the following reso- society; and lenge helping servicemembers with lution; which was considered and Whereas students, schools, communities, their housing needs so they can main- agreed to: and a number of organizations host teacher tain a focus on the difficult task of pro- S. RES. 460 appreciation events in recognition of ‘‘Na- tecting our country. tional Teacher Appreciation Week’’: Now, First, our bill would make it easier Whereas public works infrastructure, fa- therefore, be it cilities, and services are of vital importance for servicemembers to submit their Resolved, That the Senate— to the health, safety, and well-being of the (1) thanks teachers for their service; military orders to creditors and get people of the United States; their affairs in order prior to deploy- (2) promotes the profession of teaching; Whereas the public works infrastructure, and ment. Currently, creditors require a facilities, and services could not be provided (3) recognizes students, parents, school ad- copy of military orders in order to trig- without the dedicated efforts of public works ministrators, and public officials who par- ger SCRA protections. However, these professionals, including engineers and ad- ticipate in teacher appreciation events dur- orders are often not cut until just be- ministrators, who represent State and local ing ‘‘National Teacher Appreciation Week’’. fore deployment or once the service- governments throughout the United States; Whereas public works professionals design, f member is already deployed. Rede- build, operate, and maintain the transpor- fining military orders as either official tation systems, water infrastructure, sewage AMENDMENTS SUBMITTED AND orders or a letter from the servicemem- and refuse disposal systems, public buildings, PROPOSED ber’s commanding officer would further and other structures and facilities that are SA 2105. Mr. BENNET submitted an ensure that a servicemember has more vital to the people and communities of the amendment intended to be proposed by him time to prepare for deployment and United States; and to the bill H.R. 2072, to reauthorize the Ex- promptly receives SCRA protections, Whereas understanding the role that public port-Import Bank of the United States, and including the interest rate limitation infrastructure plays in protecting the envi- for other purposes; which was ordered to lie ronment, improving public health and safe- of six percent on qualifying mortgages. on the table. ty, contributing to economic vitality, and SA 2106. Mr. ISAKSON (for himself and Mr. Second, this bill would extend fore- enhancing the quality of life of every com- closure protections to surviving COONS) submitted an amendment intended to munity of the United States is in the inter- be proposed by him to the bill H.R. 2072, spouses. Currently, servicemembers est of the people of the United States: Now, supra; which was ordered to lie on the table. have a 9-month window of foreclosure therefore, be it protection following service, to provide Resolved, That the Senate— f time to reacclimate to civilian life and (1) designates the week of May 20 through TEXT OF AMENDMENTS get affairs back in order. Our bill ex- May 26, 2012, as ‘‘National Public Works tends this nine-month window of fore- Week’’; SA 2105. Mr. BENNET submitted an (2) recognizes and celebrates the important closure protection to a surviving amendment intended to be proposed by contributions that public works profes- him to the bill H.R. 2072, to reauthorize spouse. After suffering such an un- sionals make every day to improve— speakable loss, a military spouse the Export-Import Bank of the United (A) the public infrastructure of the United States, and for other purposes; which should not have the additional burden States; and of dealing with immediate foreclosure. (B) the communities that public works pro- was ordered to lie on the table; as fol- Lastly, this bill would help facilitate fessionals serve; and lows: the transition from off-base to on-base (3) urges individuals and communities Strike section 25 and insert the following: housing. Due to the shortage of on-base throughout the United States to join with SEC. 25. RENEWABLE ENERGY AND ENERGY EFFI- military housing, many servicemem- representatives of the Federal Government CIENCY TECHNOLOGIES. and the American Public Works Association bers temporarily find off-base housing (a) IN GENERAL.—The Export-Import Bank in activities and ceremonies that are de- of the United States should work to increase until on-base housing becomes avail- signed— the export of renewable energy technologies able. When a servicemember on a wait- (A) to pay tribute to the public works pro- and end-use energy efficiency technologies ing list is given the chance to move fessionals of the United States; and with a goal of significantly expanding, year- into on-base housing, he or she is some- (B) to recognize the substantial contribu- after-year, the Bank’s annual aggregate times unable to terminate his or her tions that public works professionals make loan, guarantee, and insurance authoriza- off-base housing lease. Including an to the United States. tions supporting those technologies. order to move from off-base to on-base f (b) INCREASED REPORTING REQUIREMENTS.— housing as additional grounds for lease The Export-Import Bank of the United States shall include in its annual report to termination would allow servicemem- SENATE RESOLUTION 461—RECOG- NIZING THE TEACHERS OF THE Congress an analysis of any barriers to real- bers and their families the opportunity izing the Bank’s congressional directive to to move into the military housing com- UNITED STATES FOR THEIR CON- TRIBUTIONS TO THE DEVELOP- increase the Bank’s financing for renewable munity. We should extend this oppor- energy technology and end-use energy effi- tunity, which already is law in several MENT AND PROGRESS OF OUR ciency technology and any tools the Bank states, such as Florida, Georgia, and NATION needs to assist the Bank in overcoming those Virginia, to servicemembers serving at Mr. LAUTENBERG (for himself, Ms. barriers. The analysis shall include barriers any of our military bases. MURKOWSKI, Mr. BROWN of Ohio, Mrs. such as— (1) inadequate staffing; While the men and women of our MURRAY, Mr. BEGICH, Mr. WARNER, Ms. (2) inadequate financial products; Armed Forces are protecting our na- LANDRIEU, Mr. SANDERS, Mrs. GILLI- (3) lack of capital authority; and tion overseas, we should do everything BRAND, Ms. STABENOW, Mr. JOHNSON of (4) limitations imposed by domestic mar- possible to protect their families and South Dakota, Mr. COONS, Mrs. FEIN- kets. homes. I urge my colleagues to join STEIN, and Mr. KOHL) submitted the fol- SEC. 26. EFFECTIVE DATE. Senators DURBIN, SHERROD BROWN, lowing resolution; which was consid- Except as provided in section 9(b), this Act WHITEHOUSE, BEGICH, and me, as well as ered and agreed to: and the amendments made by this Act shall

VerDate Mar 15 2010 02:02 May 16, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G15MY6.037 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE May 15, 2012 CONGRESSIONAL RECORD — SENATE S3177 take effect on the earlier of June 1, 2012, or PRIVILEGES OF THE FLOOR (A) to pay tribute to the public works pro- the date of the enactment of this Act. fessionals of the United States; and Mr. JOHANNS. Mr. President, I ask (B) to recognize the substantial contribu- SA 2106. Mr. ISAKSON (for himself unanimous consent that Maureen tions that public works professionals make and Mr. COONS) submitted an amend- McLaughlin, a detailee to the Senate to the United States. Finance Committee, be granted the ment intended to be proposed by him Mr. REID. Before we leave this, Mr. privileges of the floor for the duration to the bill H.R. 2072, to reauthorize the President, I might say that Senator Export-Import Bank of the United of the consideration of H.R. 2072. The ACTING PRESIDENT pro tem- BOXER and Senator INHOFE, the chair States, and for other purposes; which and the ranking member of that most was ordered to lie on the table; as fol- pore. Without objection, it is so or- dered. important committee—the Environ- lows: ment and Public Works Committee— f At the end, add the following: are doing their utmost on a bipartisan SEC. 26. EXTENSION OF THIRD-COUNTRY FABRIC NATIONAL PUBLIC WORKS WEEK basis to complete the conference with RULE UNDER THE AFRICAN GROWTH AND OPPORTUNITY ACT; Mr. REID. Mr. President, I ask unan- the House to get the highway bill ELIGIBILITY OF SOUTH SUDAN FOR imous consent that the Senate proceed passed, which means 2.8 million jobs. DESIGNATION FOR PREFERENTIAL to the immediate consideration of S. As this legislation concerns National TREATMENT. 460. Public Works Week, it would certainly (a) EXTENSION OF AGOA THIRD-COUNTRY FABRIC RULE.—Section 112(c)(1) of the Afri- The PRESIDING OFFICER. The be a big celebration if we could get can Growth Opportunity Act (19 U.S.C. clerk will report the resolution by that bill done. I appreciate very much 3721(c)(1)) is amended by striking ‘‘Sep- title. Senators BOXER and INHOFE working so tember 30, 2012’’ each place it appears in the The assistant legislative clerk read closely together on that committee. text and in the heading and inserting ‘‘Sep- as follows: tember 30, 2015’’. A resolution (S. Res. 460) designating the f (b) DESIGNATION OF SOUTH SUDAN.—Section week of May 20 through May 26, 2012, as Na- 107 of the African Growth Opportunity Act tional Public Works Week. (19 U.S.C. 3706) is amended by inserting ‘‘Re- RECOGNIZING TEACHERS OF THE public of South Sudan (South Sudan).’’ after There being no objection, the Senate UNITED STATES ‘‘Republic of South Africa (South Africa).’’. proceeded to consider the resolution. Mr. REID. I ask unanimous consent Mr. REID. Mr. President, I ask unan- f that the resolution be agreed to, the imous consent that we proceed to the preamble be agreed to, the motions to immediate consideration of S. Res. 461. AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. The MEET reconsider be laid upon the table, with no intervening action or debate, and clerk will report the resolution by COMMITTEE ON FINANCE that any statements related to the res- title. Ms. CANTWELL. Mr. President, I ask olution be printed in the RECORD. The assistant legislative clerk read unanimous consent that the Com- The PRESIDING OFFICER. Without as follows: mittee on Finance be authorized to objection, it is so ordered. A resolution (S. Res. 461) recognizing the meet during the session of the Senate The resolution (S. Res. 460) was teachers of the United States for their con- on May 15, 2012, at 10 a.m., in room SD– agreed to. tributions to the development and progress 215 of the Dirksen Senate Office Build- The preamble was agreed to. of our Nation. ing, to conduct a hearing entitled ‘‘Tax The resolution, with its preamble, There being no objection, the Senate Reform: What It Could Mean for Tribes reads as follows: proceeded to consider the resolution. and Territories.’’ S. RES. 460 Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Without Whereas public works infrastructure, fa- objection, it is so ordered. that the resolution be agreed to, the cilities, and services are of vital importance preamble be agreed to, the motions to COMMITTEE ON HEALTH, EDUCATION, LABOR, to the health, safety, and well-being of the reconsider be laid upon the table, with AND PENSIONS people of the United States; Ms. CANTWELL. Mr. President, I ask Whereas the public works infrastructure, no intervening action or debate, and unanimous consent that the Com- facilities, and services could not be provided that any statements related to the res- mittee on Health, Education, Labor, without the dedicated efforts of public works olution be printed in the RECORD. and Pensions be authorized to meet, professionals, including engineers and ad- The PRESIDING OFFICER. Without ministrators, who represent State and local during the session of the Senate, to objection, it is so ordered. governments throughout the United States; The resolution (S. Res. 461) was conduct a hearing entitled ‘‘The High Whereas public works professionals design, Cost of High Prices for HIV/AIDS build, operate, and maintain the transpor- agreed to. Drugs and the Prize Fund Alternative’’ tation systems, water infrastructure, sewage The preamble was agreed to. on May 15, 2012, at 10 a.m., in room SD– and refuse disposal systems, public buildings, The resolution, with its preamble, 430 of the Dirksen Senate Office Build- and other structures and facilities that are reads as follows: vital to the people and communities of the ing. S. RES. 461 United States; and The PRESIDING OFFICER. Without Whereas education is the foundation of the objection, it is so ordered. Whereas understanding the role that public infrastructure plays in protecting the envi- current and future strength of the United SELECT COMMITTEE ON INTELLIGENCE ronment, improving public health and safe- States; Ms. CANTWELL. Mr. President, I ask ty, contributing to economic vitality, and Whereas teachers and other education staff unanimous consent that the Select enhancing the quality of life of every com- have earned and deserve the respect of stu- Committee on Intelligence be author- munity of the United States is in the inter- dents and communities for selfless dedica- ized to meet during the session of the est of the people of the United States: Now, tion to our Nation’s children; Senate on May 15, 2012, at 2:30 p.m. therefore, be it Whereas the purpose of ‘‘National Teacher The PRESIDING OFFICER. Without Resolved, That the Senate— Appreciation Week’’, is to raise public awareness of the important contributions of objection, it is so ordered. (1) designates the week of May 20 through May 26, 2012, as ‘‘National Public Works teachers and to promote greater respect and SPECIAL COMMITTEE ON AGING Week’’; understanding for the teaching profession; Ms. CANTWELL. Mr. President, I ask (2) recognizes and celebrates the important Whereas the teachers of the United States unanimous consent that the Special contributions that public works profes- play an important role in preparing children Committee on Aging be authorized to sionals make every day to improve— to be positive and contributing members of meet during the session of the Senate (A) the public infrastructure of the United society; and on May 15, 2012, at 2:15 p.m. in room States; and Whereas students, schools, communities, SD–562 of the Dirksen Senate Office (B) the communities that public works pro- and a number of organizations host teacher appreciation events in recognition of ‘‘Na- Building to conduct a hearing entitled: fessionals serve; and (3) urges individuals and communities tional Teacher Appreciation Week’’: Now, ‘‘Missed by the Recovery: Solving the throughout the United States to join with therefore, be it Long-Term Unemployment Crisis for representatives of the Federal Government Resolved, That the Senate— Older Workers.’’ and the American Public Works Association (1) thanks teachers for their service; The PRESIDING OFFICER. Without in activities and ceremonies that are de- (2) promotes the profession of teaching; objection, it is so ordered. signed— and

VerDate Mar 15 2010 02:48 May 16, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A15MY6.040 S15MYPT1 tjames on DSK7SPTVN1PROD with SENATE S3178 CONGRESSIONAL RECORD — SENATE May 15, 2012 (3) recognizes students, parents, school ad- PROGRAM VICTOR LERUN MARSH II, OF MICHIGAN ministrators, and public officials who par- JENNIFER M. NOISETTE, OF FLORIDA Mr. REID. Mr. President, following MICHAEL OWEN WARREN, OF UTAH ticipate in teacher appreciation events dur- FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ing ‘‘National Teacher Appreciation Week’’. any leader remarks tomorrow morning, CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN the Senate will begin debate on several THE DIPLOMATIC SERVICE OF THE UNITED STATES OF f motions to proceed to resolutions in- AMERICA, BOOYEON LEE ALLEN, OF CALIFORNIA MEASURE READ THE 1ST TIME— troduced by Republican Senators. This CLAY C. ALLEN, OF IDAHO S. 3187 is an agreed-upon method of proceeding LA JUNE L. BARNES, OF NEW YORK ZANE LEE BARNES, OF CALIFORNIA Mr. REID. Mr. President, I under- on these resolutions. NICHOLAS G. BARNETT, OF NEW YORK ORDER OF PROCEDURE BRIAN P. BAUER, OF ILLINOIS stand that S. 3187 was introduced ear- ROBBIE LANEICE BROOKER, OF TEXAS lier today by Senators HARKIN and It is my intention to equally divide PETER H. BROWN, OF NEW YORK JOSHUA MORGAN BUXTON, OF CALIFORNIA ENZI, and I ask for its first reading. the first hour, with the majority con- DANIEL JAMES CARL, OF FLORIDA The PRESIDING OFFICER. The trolling the first 30 minutes and the ALBERT RAY CEA HENRIQUEZ, OF TEXAS BROOKE HEILNER DEAN, OF WASHINGTON clerk will report the bill by title for Republicans controlling the second 30 ANTHONY JAMES DIAZ, OF KENTUCKY the first time. minutes. I ask unanimous consent that EDMUND FLEETWOOD DUNSTAN III, OF MARYLAND MARISA A. FERGUSON, OF VIRGINIA The assistant legislative clerk read be the case. DAVID KIP FRANCIS, OF TEXAS as follows: The PRESIDING OFFICER. Without NOAH J. GEESAMAN, OF FLORIDA PALOMA H. GONZALEZ, OF CALIFORNIA A bill (S. 3187) to amend the Federal Food, objection, it is so ordered. JACOB DANIEL GRANNELL, OF THE DISTRICT OF COLUM- Drug, and Cosmetic Act to revise and extend Mr. REID. So there is 6 hours of de- BIA RYAN NICHOLAS GUIRLINGER, OF VIRGINIA the user-fee programs for prescription drugs bate time allowed under the consent GARTH HALL, OF CALIFORNIA and medical devices, to establish user-fee agreement that was approved earlier SEAN MICHAEL HANIFEN, OF WASHINGTON programs for generic drugs and biosimilars, APRIL MCCONNELL HAYNE, OF FLORIDA today. I certainly hope we can get this CHERYL A. HIPP, OF CALIFORNIA and for other purposes. done expeditiously. Senator CONRAD ELIZABETH HOWARD, OF FLORIDA Mr. REID. I now ask for its second HEERA KAUR KAMBOJ, OF NEW YORK will be leading efforts on our side op- ALLA PAVEL KAMINS, OF VIRGINIA reading but object to my own request. posed to this; and once we get this out SONIA JUNG KIM, OF GEORGIA The PRESIDING OFFICER. Objec- STEPHAN G. LANGLEY, OF WASHINGTON of the way, we should move forward. THOMAS J. LEIBY, OF PENNSYLVANIA tion having been heard, the bill will be Tomorrow morning, after we under- BRIDGET MARY LINES, OF TEXAS read for the second time on the next JOSEPH S. LIVINGSTON, OF NEW JERSEY stand the morning hour will be deemed RYAN JASON LONG, OF WASHINGTON legislative day. expired and the time for the two lead- JAMES MICHAEL LOWELL, OF TENNESSEE Mr. REID. Mr. President, this is a MUNIR DAWAN MADYUN, OF GEORGIA ers be reserved for their use later in ANNA ARAMBULO MARTZ, OF TEXAS very important piece of legislation the day, I ask unanimous consent that WESLEY SIM MATHEWS, OF TEXAS done in the right way. Senators HARKIN CHRISTOPHER H. MCHONE, OF TEXAS I be recognized at that time. ROLAND DAVID MCKAY, OF MICHIGAN and ENZI have done something in the The PRESIDING OFFICER. Without MORGAN D. MILES, OF WASHINGTON way we always used to do things: They JONATHAN ANDREW MITCHELL, OF PENNSYLVANIA objection, it is so ordered. DOUG MORROW, OF FLORIDA moved a bill out of committee to the KATHRINE MARLENE MORTENSEN, OF FLORIDA f Senate floor, truly a bipartisan bill, so ELIZABETH FAWN NEDEFF, OF WASHINGTON PHILLIP NELSON DE ASSIS, OF TEXAS important to our country, the FDA ADJOURNMENT UNTIL 9:30 A.M. THU HUYNH NGUYEN, OF WASHINGTON bill—Food and Drug Administration. TOMORROW NATALYA A. NIKIFOROVA—SMITH, OF FLORIDA CAROLINE CASEY NOHR, OF CALIFORNIA Senator ENZI has always been very Mr. REID. Mr. President, if there is KIMBERLY GIUSTI OLSON, OF OREGON focused on when we bring something to JEFFREY MICHAEL OSWEILER, OF IOWA no further business to come before the CHRIS F. PIERSON, OF CONNECTICUT the floor, it must have the committee Senate, I ask unanimous consent that JOANNA HOPE PRITCHETT, OF NEW YORK mark on it—and this bill does. ABBEY H. RATHWEG—WEITZ, OF VIRGINIA it adjourn under the previous order. ERIN ALEXIS RATTAZZI, OF CALIFORNIA The reason I move to the bill today There being no objection, the Senate, SUNIL KUMAR RAVI, OF ARIZONA the way I have is to line this up for fil- STEPHANIE L. REED, OF TENNESSEE at 6:36 p.m., adjourned until Wednes- CHUNNONG SAEGER, OF MARYLAND ing cloture on Thursday. I hope we day, May 16, 2012, at 9:30 a.m. MARYUM FATIMA SAIFEE, OF TEXAS don’t have to file cloture, we move to FELIX J. SALAZAR, OF MARYLAND f PHILIP SCOT SCHWADA, OF VIRGINIA proceed to it. Why don’t we get on the DAVID RYAN SEQUEIRA, OF FLORIDA bill? If we can get on the bill, we can ARATI SHROFF, OF TEXAS NOMINATIONS CLAIRE ELIZABETH SMOLIK, OF CALIFORNIA start on it Monday, we can start offer- NITZA SOLA—ROTGER, OF THE DISTRICT OF COLUMBIA ing amendments, and get this moving Executive nominations received by MASAMI TANAKA, OF ILLINOIS the Senate: MEGAN JO TETRICK, OF INDIANA along. TOD M. THEDY, OF FLORIDA I have talked to Senator ENZI, I have IN THE AIR FORCE SYGA THOMAS, OF CALIFORNIA KEISHA N. TOMS, OF GEORGIA talked to Senator HARKIN. We had good THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM RANDALL TORRANCE, OF TEXAS luck on the highway bill. We had good IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CYNDEE—NGA TRINH, OF TEXAS CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CATHERINE TRUONG, OF NEVADA luck also on the postal bill with rel- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JUSTIN W. TULL, OF VIRGINIA evant amendments. This is a very im- 601: THOMAS M. VENNER, OF ILLINOIS To be lieutenant general RACHEL Y. WASHINGTON, OF TENNESSEE portant piece of legislation. I hope we BRIANNE ALICIA WATTS, OF ARIZONA can move to this without having to file LT. GEN. MICHAEL R. MOELLER OTTO H. WESTHASSEL, OF VIRGINIA C. LOGAN WHEELER, OF TENNESSEE cloture. If I have to file cloture, I will DEPARTMENT OF STATE DAVID GARDINER WISNER, OF NEW YORK have to file cloture, but I sure hope THOMAS HART ARMBRUSTER, OF NEW YORK, A CAREER HEATHER NICOLE WRIGHT, OF MARYLAND MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CHANSONETTE REBECCA YUN, OF CALIFORNIA not. I admire the cooperation and the COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND THE FOLLOWING—NAMED CAREER MEMBER OF THE working together of Senators HARKIN PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR TO THE REPUBLIC OF THE MARSHALL ISLANDS. PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE and ENZI. DAVID BRUCE WHARTON, OF VIRGINIA, A CAREER MEM- CLASS INDICATED, EFFECTIVE JANUARY 1, 2012: CAREER BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- MEMBER OF THE SENIOR FOREIGN SERVICE OF THE f ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- UNITED STATES OF AMERICA, CLASS OF COUNSELOR: DINARY AND PLENIPOTENTIARY OF THE UNITED STATES BRADLEY ALAN FREDEN, OF ARIZONA ORDERS FOR WEDNESDAY, MAY 16, OF AMERICA TO THE REPUBLIC OF ZIMBABWE. PUBLIC HEALTH SERVICE 2012 FOREIGN SERVICE THE FOLLOWING CANDIDATES FOR PERSONNEL AC- Mr. REID. Mr. President, I ask unan- THE FOLLOWING-NAMED PERSONS OF OF THE DEPART- TION IN THE REGULAR CORPS OF THE COMMISSIONED imous consent that when the Senate MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- CORPS OF THE PUBLIC HEALTH SERVICE SUBJECT TO ICE OFFICERS OF THE CLASSES STATED. QUALIFICATIONS THEREFORE AS PROVIDED BY LAW AND completes its business today, it ad- FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF REGULATIONS: journ until 9:30 on Wednesday, May 16; CLASS TWO, CONSULAR OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF To be surgeon that following the prayer and pledge, AMERICA, MARY J. CHOI the Journal of proceedings be approved ALBOINO LUNGOBARDO DEULUS, OF VIRGINIA LAURA A. COOLEY MARY LOUISE JOHNSON-PIZARRO, OF VIRGINIA PATRICIA H. DAVID to date, the morning hour be deemed MARTINA CHRISTINA POLT, OF TENNESSEE expired, and the time for the two lead- DUKE J. RUKTANONCHAI FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF To be senior assistant surgeon ers be reserved for use later in the day. CLASS THREE, CONSULAR OFFICER AND SECRETARY IN The PRESIDING OFFICER. Without THE DIPLOMATIC SERVICE OF THE UNITED STATES OF FRANCISCA ABANYIE AMERICA, NINA AHMAD objection, it is so ordered. RUSSELL M. COMEAU, OF THE DISTRICT OF COLUMBIA ANDREW I. GELLER

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LEAH K. GILBERT RYAN M. WALLACE HEENA V. PATEL AARON M. HARRIS RONNIE L. RAEL FIONA HAVERS To be assistant pharmacy officer SALVADOR RIVAS, JR. RACHEL T. IDOWU FRANK A. ACHEAMPONG MATTHEW K. SASAKI PREETHA J. IYENGAR IRENE ADU-GYAMFI MARJANNE V. SCHNARR STEPHEN C. KO MACKENZIE P. BROWN ALISON M. SMITH GAYATHRI S. KUMAR JACQUELINE R. CAMPBELL KRISTINA M. SNYDER KEREN Z. LANDMAN KALEB CHAMBERLAIN THANH D. TA PHILIP A. LEDERER LINDSEY N. CHILDRESS PATRICK R. TULLY ANNA—BINNEY MCCAGUE WHITNEY A. CONROY ANN P. UPSHAW ERIN MCNELLEY ALEJANDRA G. CUEVAS JENNIFER M. UTIGARD JOLENE H. NAKAO LAUREN DAVIS KEITH R. WARSHANY VUONG D. NGUYEN ALLAN DEMUTH MARY K. WEN MONICA PATTON ANDREA R. DYER RILEY J. WILLIAMS II CELIA L. QUINN ALLA Y. FABRIKANT VALERIE S. WILSON KENNETH B. QUINTO ASHLEY A. FITCH REBECCA WONG ALISON D. RIDPATH JESSE FOSTER MIRIAM L. SHIFERAW To be junior assistant health services officer DEWEY FOUTZ NEIL M. VORA JOSEPH V. WOODRING CHRISTOPHER M. FRAZER AMELIA M. BREYRE BRIAN R. YABLON RAEANNE G. FULLER DANIEL V. DIGIACOMA AMY N. GOODPASTER TIPHANY D. JACKSON To be junior assistant nurse officer MEGAN E. GROSHNER SARAH R. KASLOW JASON D. HARRIS VINITA PURI KIMBERLY A. BRINKER KELLEE T. JAMES CHRISTOPHER J. SALMON To be assistant scientist officer KENDRA N. JENKINS LEAH M. SITLER ANNA B. JEWULA COLIN M. SMITH SHALON M. IRVING RUSSELL B. KERN MEGHAN M. ZOMORODI JONETTA L. JOHNSON ANNA U. KIT MICHAEL T. LOWE RANDI J. KUNS MATTHEW LOZIER BRYAN P. LELAND f LEIGH A. MILLER HEATHER S. LIM ELIZABETH RUSSELL JENNIFER N. LIND WITHDRAWAL AMEE M. SCHWITTERS ALICIA LOH ALICE M. SHUMATE JAMES O. LOTT Executive Message transmitted by ANGELA M. THOMPSON-PAUL SARA H. LOW TATIANA Y. WARREN MICHAEL J. MACMILLAN the President to the Senate on May 15, JASON A. WILKEN MADALENE MANDAP 2012 withdrawing from further Senate To be assistant veterinary officer JULIA E. MARIE CULLEN M. MCCHRISTIAN consideration the following nomina- LAURA ADAMS KAMILAH M. MCKINNON tion: TARA C. ANDERSON CHRISTOPHER R. MCKNIGHT ABBEY CANON BROCK E. O’KEEFE ARUNAVA MAJUMDAR, OF CALIFORNIA, TO BE UNDER LIZETTE O. DURAND JONATHAN H. OWEN SECRETARY OF ENERGY, VICE KRISTINA M. JOHNSON, LAURA S. EDISON KELLY S. PAK RESIGNED, WHICH WAS SENT TO THE SENATE ON NOVEM- ILANA J. SCHAFER SARAH S. PAK BER 30, 2011.

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REMEMBERING DR. THOMAS E. and offering my condolences to Patricia, their framework of the Taiwan Relations Act. De- FLORESTANO son Tom Jr., daughter Leslie, son-in-law spite the rapprochement that has been built up Kevin, and their extended family. between Taiwan and the PRC, a well-armed HON. STENY H. HOYER f Taiwan is still the best guarantee to perma- nent peace in the Strait. Also, I firmly believe OF MARYLAND TRIBUTE TO ROMNEY, WEST IN THE HOUSE OF REPRESENTATIVES that Taiwan should have a much broader VIRGINIA international visibility. I encourage my col- Tuesday, May 15, 2012 leagues to support Taiwan’s current bid to join Mr. HOYER. Mr. Speaker, on March 31 my HON. SHELLEY MOORE CAPITO the International Civil Aviation Organization state of Maryland lost a giant in the realm of OF WEST VIRGINIA (ICAO) as an observer. higher education. Dr. Thomas E. Florestano, IN THE HOUSE OF REPRESENTATIVES To President Ma and the people of Taiwan, who served for fifteen years as President of I extend my congratulations on their Presi- Tuesday, May 15, 2012 Anne Arundel Community College, sadly dential Inauguration Day. passed away at age 79. Mrs. CAPITO. Mr. Speaker, I rise today to f The son of Italian immigrants, Tom was recognize the 250th anniversary of the city of born in Annapolis and graduated from St. Romney. In 2012, the city will celebrate its HONORING WILFRED EARL Mary’s High School in 1952. He matriculated 250th birthday with a year-long celebration. ARCHER into the University of Maryland but paused his Romney is the oldest town in the oldest coun- studies to serve in the U.S. Army as a military ty in West Virginia. On December 23, 1762, HON. DAN BENISHEK police officer in Korea and West Germany. Virginia’s Governor signed the act that created OF MICHIGAN Honorably discharged as a sergeant four Romney. IN THE HOUSE OF REPRESENTATIVES years later, Tom returned to the University and When Virginia was divided during the Civil Tuesday, May 15, 2012 earned a bachelor’s degree in education in War, Romney was located in what became 1958. West Virginia. The city was located in an area Mr. BENISHEK. Mr. Speaker, let it be While an undergraduate, Tom met his future that was important to both the North and the known, that it is a pleasure and honor to pay wife of 52 years, Patricia Sherer. Together, South during the Civil War and is rumored to tribute to Wilfred Earl Archer, who was born in they dedicated their careers to improving ac- have changed hands 56 times as a result. Port Huron, Michigan on Jan. 30, 1926, to cess to higher education for Maryland stu- Romney is home to the West Virginia Schools Glen and Genevieve Archer. ‘‘Bill’’ was raised dents, with Patricia teaching at the University for the Deaf and the Blind as well as Davis in Flint, Michigan, and attended North Mus- of Baltimore and currently serving as chair- History House, Hampshire County Court- kegon High School. His family then moved to woman of the Board of Regents for the Uni- house, the Taggert-Hill House, the Wilson- Detroit, where he attended Denby High versity System of Maryland. Woodrow-Mytinger House, and the oldest of- School. After graduating, Tom worked as an edu- fice building in the state. I’m pleased to have Following in the footsteps of his father, who cation advisor at the Army Education Center in this unique city in my district! served in the U.S. Army and fought in World Fort Meade. Two years later, he joined the f War I, Bill felt an intense need to serve his University of Maryland as assistant dean of country during World War II. He left school student life and director of student activities. CONGRATULATING PRESIDENT MA and enlisted in the U.S. Coast Guard, on April During this period, Tom earned his master’s AND THE PEOPLE OF TAIWAN 1, 1943. He was stationed in San Diego, CA, degree in education and later obtained his where he received Amphibious Forces Train- Ph.D., both from the University of Maryland. HON. DENNIS A. ROSS ing in operating Troop Carriers (LCVPs). He Tom turned his attention to community col- OF FLORIDA was then transferred to San Francisco and lege administration in 1970, when he took a IN THE HOUSE OF REPRESENTATIVES stationed on the USS Middleton, which was job as dean of evening and community edu- modified/ transformed into an Assault Per- cation and summer school at Prince George’s Tuesday, May 15, 2012 sonnel Attack vessel. The Middleton was sent Community College. After nine years there, Mr. ROSS of Florida. Mr. Speaker, I extend to Maui, Hawaii, and then to New Guinea to Tom was appointed President of Anne Arundel my congratulations and best wishes to Mr. Ma assist the 98th Infantry in the invasion of the Community College. Ying-jeou and the people of Taiwan as they Philippines. Bill was awarded five Battle Stars He took over during a time when the college celebrate Mr. Ma’s presidential inauguration for service in the battles within the Pacific was facing significant challenges, including this May 20. Mr. Ma Ying-jeou won re-election Theater; Saipan, Tinian, Okinawa, Leyte, and tensions between faculty and administration as as the fifth freely elected president of the Re- Luzon. As an LCVP engineer and gunner, well as declining enrollment and budget short- public of China on January 14. Petty Officer 3rd Class Archer also served as falls. Tom oversaw a program of revitalization President George W. Bush once famously a Diesel Electrical Engineer. He was honor- that tripled enrollment, instituted new degree described Taiwan as ‘‘a beacon of democracy ably discharged in January of 1946. As a civil- programs, expanded the campus, and turned to Asia and the world.’’ His words were rec- ian, Bill worked at a foundry in Muskegon. deficits into sound finances by the time he re- ognition of Taiwan’s achievements in demo- In 1948, Bill enlisted as a Staff Sergeant in tired in 1994. The legacy of his leadership of cratic developments. The United States and the U.S. Army Air Corps, which shortly there- Anne Arundel Community College has been Taiwan value human rights, civil liberties and after became the U.S. Air Force. He received its transformation into the third-largest commu- the rule of law. Our shared values have pro- training in aircraft engine repair in Biloxi, Mis- nity college in Maryland. Even more so, Tom duced a strong and dependable friendship for sissippi. His military career took another direc- put the ‘‘community’’ back in ‘‘community col- the past century. Taiwan was one of the first tion when Bill was sent to Japan to activate lege.’’ to come to our aid after the events of Sep- the 1273rd Transport Squadron. While in All of us who knew Tom recognized him as tember 11th and Hurricane Katrina. Taiwan Japan, Bill achieved flying status as a Flight one who looked at a challenge and saw an continues to be our ally in the war against ter- Engineer, and accumulated 18,000 flying opportunity and who looked at a student and rorism by cooperating with humanitarian as- hours while involved with embassy flights to saw a future. Those futures were what he sistance in Iraq and Afghanistan and providing the Philippines and India, and combat flights in worked so hard to make possible for thou- intelligence. They have shown generosity and the Korean Conflict. In 1949, Bill was a crew sands of Maryland students. compassion by donating to the Twin Towers member of a C–54, which was the first U.S. Tom will be greatly missed by the Maryland Fund and Pentagon Memorial Fund. aircraft destroyed in the Korean Conflict. It education community and by all of us who In honoring Taiwan, we need to continue to was unoccupied when it was bombed at an air called him a friend. I join in celebrating his life sell defensive weapons to Taiwan under the base in Kempo, South Korea. After serving

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

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.001 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E786 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 four years there, he was transferred back to On Saturday, June 2, a benefit will be held a representative on the Missouri Association the United States, and served in Great Falls, for the Simon family, to help defray the costs of School Administrators’ Executive Committee Montana, with Operation Blue Jay, to build an associated with Mitch’s illness. The response and as the president of the Cooperating Air Force Base in Tule, Greenland. He re- for the benefit has been overwhelming, with School Districts of the Greater St. Louis Area’s ceived flight training in SA–16 Tri-Phib in West friends, relatives, schoolmates’ families and Board. Dr. Clancy-May has also been recog- Palm Beach, Florida. He was promoted to Mitch’s baseball and basketball teammates nized for her many accomplishments, includ- Tech Sergeant, and flew AC–47s inspecting and their families all pitching in for a great ing: being awarded with the FOCUS St. Louis instrument landing equipment, at Hamilton cause. What’s Right with the Region Award; Hardee’s Field in San Francisco. Bill later became part I would be remiss if I did not also speak of Hometown Hero Award; and the Southeast of the Strategic Air Command in Omaha, Ne- the tremendous sacrifices made by those who Missouri State University Alumni Merit Award. braska. He attended flight engineer school at promote and participate in organ and tissue Dr. Clancy-May has dedicated much of her Chanute Air Force Base in Rantoul, Illinois donation. Mitch had the gift of life given back life to serving the St. Louis community. I con- and was assigned to Homestead Air Force to him with his surgery, but this is not the gratulate Dr. Maureen Clancy-May for her de- Base in Florida as a Flight Engineer on KC– Simon family’s first such experience. Mitch’s votion to one of the nation’s most important 97s. mom Denise was a kidney donor to her broth- professions: educating our children and pre- Bill retired from the Air Force, but retirement er in 2002. While an unthinkable tragedy oc- paring them for a responsible and productive didn’t last long. While working with the Civil curs with the death of a child, the Simon fam- adulthood. Service, his knowledge as an F–4 aircraft In- ily will be forever thankful that another family’s f spector led Bill to transfer from retired status tragedy resulted in a new lease on life for to the U.S. Air Force Reserves, servicing and Mitch. The miracle of organ donation is never HONORING LEWIS N. WALKER flying C–124s. He was sent to transport com- ending, and one hopes that the Simon family’s bat troops and materiel to Cam Rahn Bay, Re- story—both as donors as well as recipients— HON. SANDER M. LEVIN public of Vietnam. Bill was discharged from is an inspiration to others to join the ranks of OF MICHIGAN the U.S. Air Force Reserves in 1974. That those willing to ‘‘Donate Life.’’ IN THE HOUSE OF REPRESENTATIVES was the end of an exemplary thirty-one-year Mr. Speaker, it is my hope that you will join Tuesday, May 15, 2012 military career, involving combat service in with me and with all of our colleagues to com- three major conflicts. Technical Sergeant mend the Simon family and offer the best Mr. LEVIN. Mr. Speaker, I rise today to pay Wilfred Earl Archer served with great distinc- wishes of the House of Representatives to tribute to Dr. Lewis N. Walker, who will retire tion in World War II, the Korean Conflict, and Mitch for a speedy recovery. next month after years of distinguished service at Lawrence Technological University in the Vietnam War. f When his exemplary military career ended, Southfield, Michigan. and his civilian career began, Bill received a TRIBUTE TO DR. MAUREEN Dr. Walker joined Lawrence Tech in 1994, Teachers Certificate in Automotive Technology CLANCY-MAY serving as provost for 12 years. During that from Texas State Technical Institute, and later time, he improved student access to computer taught at the TSTI Connally campus. He is a HON. RUSS CARNAHAN technology, expanded international partner- Life member of the Veterans of Foreign Wars OF MISSOURI ships, and developed facility improvements to and served his fellow veterans as a VFW IN THE HOUSE OF REPRESENTATIVES support emerging technologies and career Commander of Post 2053 in White Cloud, fields. Dr. Walker is also credited with fos- Michigan. Tuesday, May 15, 2012 tering and instituting the only required under- f Mr. CARNAHAN. Mr. Speaker, I rise today graduate leadership program in the country to recognize Dr. Maureen Clancy-May, and outside the Nation’s three military academies. HONORING MITCHELL SIMON OF honor her for her years of service to the peo- In 2005, again through Dr. Walker’s efforts, EAST AMHERST, NY ple of the St. Louis area. the University began a unique partnership with Dr. Clancy-May has achieved many mile- the Ferndale Public Schools to establish Uni- HON. BRIAN HIGGINS stones during her 33 years in education. She versity High School, which offers a rigorous OF NEW YORK received her Bachelor’s in Teaching Excep- preparatory curriculum for public school stu- IN THE HOUSE OF REPRESENTATIVES tional Children from Southeast Missouri State dents. This partnership is making a difference. Tuesday, May 15, 2012 University, her Masters of Education from the A full 99 percent of University High School’s Mr. HIGGINS. Mr. Speaker, I rise today to University of Missouri-St. Louis, and her Ph.D. first three graduating classes received their di- honor 11 year-old Mitchell Simon, a resident from Saint Louis University in Educational Ad- ploma, and 85 percent have gone on to higher of the town of Amherst in Erie County and ministration. Dr. Clancy-May then applied her education. Western New York. knowledge as a teacher, a Director of Student In 2006, Dr. Walker was made President of In many ways, Mitch is an entirely ordinary Services, a Principal, and as an Assistant Su- LTU. The severe economic downturn that 11 year old boy. He loves playing baseball, perintendent for schools across the St. Louis began the following year brought a time of ex- riding his bike, and hanging around with his area. She has also shared her knowledge and traordinary challenge for the country, and es- friends, his siblings and cousins. Mitch is an experience with other educators as an adjunct pecially for the State of Michigan. With steep inquisitive young man, always present with a professor in the Education Leadership Depart- job losses, especially in our State’s vital auto ready smile and a friendly face. ment at Saint Louis University. and manufacturing sectors, there was a clear But in another area, he is very special in- Since July 1, 2004, Dr. Clancy-May has need for retraining of displaced workers. deed. Mitch was born with a rare condition worked as the Superintendent of Schools for Through Dr. Walker’s leadership, Lawrence that affected the function of his liver. After sur- the Bayless School District. There, she led the Tech stepped up and addressed the challenge gery at a very young age, Mitch was fortunate Bayless School District to achieve full accredi- through the ‘‘Recovery Starts Here’’ initiative, to live a relatively normal life. But in December tation and Missouri’s Accreditation with Dis- which provided grants to over 650 displaced 2011, troubles developed, and Mitch was tinction. Under her guidance, Bayless Elemen- workers and supported efforts to diversify placed on a waiting list to receive a liver trans- tary School and Bayless Junior High earned Michigan’s economy. This program was widely plant. both the Missouri and the National School of replicated and serves as an example of the On Tuesday April 17, the call came, and Character awards. Her determination to im- vital synergies that can and should exist be- Mitch and his family, led by parents Jason and prove her school district resulted in numerous tween institutions of higher education and our Denise, made the trip to Pittsburgh, PA. Over- awards for the district, as well as a $1.5 mil- Nation’s economy. night, after a grueling surgical procedure, the lion math and science grant. Building on the successful redevelopment of miracle of life was handed back to Mitch. In addition to her work in education, Dr. the campus quadrangle and A. Alfred After surgery, it was said that Mitch was Clancy-May supports her community in many Taubman Student Services Center, Dr. Walker soon sitting up in bed, playing his X-Box, but ways. She is an active member of the Rotary set in motion the next phase of growth of LTU it’s undeniable that the recovery has had its Club of St. Louis County and the Lemay by laying the groundwork for development of a ups and downs. Any 11 year old would be Chamber of Commerce, and has served four state-of-the-art Engineering, Life Sciences, frustrated to be in bed for too long, and we years on the Board of the Affton Community and Architecture Complex. Over the years, my know that Mitch is fighting hard to get back Chamber of Commerce. She is a member of office has been pleased to work closely with home. numerous education organizations, serving as Dr. Walker and his team on efforts to expand

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K15MY8.003 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E787 the University’s Center for Innovative Materials Mr. Speaker, once again, please join me in she worked tirelessly to improve the quality of Research. Dr. Walker has signed 40 agree- leading this body in congratulating New Jersey life and well-being of all. Mrs. Tinsman has ments with other leading universities around Citizen Action for their thirty years of service served as a dedicated and loyal member of the world to encourage partnerships and ex- to the New Jersey community. Their efforts the Hialeah Housing Authority Board of Com- change programs. continue to enhance and protect the lives of missioners since January 9, 1990. On Novem- Prior to his career at Lawrence Tech, Dr. constituents throughout New Jersey. ber 18, 1999, she was elected Chairperson of Walker served at the University of Hartford as f the Board of Commissioners, which she dean of engineering and a professor of elec- served on for 10 years. The Ruth A. Tinsman trical engineering. He holds three degrees UNITED STATES-ISRAEL EN- Pavilion, an elderly development facility, was from the University of Missouri-Columbia and HANCED SECURITY COOPERA- built and named after her in 1996 to honor her has published more than 50 technical papers. TION ACT OF 2012 work and dedication to the community. Addi- In so many ways, Dr. Walker’s years of tionally, Mrs. Tinsman served on the board of service at LTU have left the University and the SPEECH OF Citrus Health Network, as well as President of community better than he found them. I urge HON. JOHN GARAMENDI ‘‘Kids in Dade Society,’’ developing programs all my colleagues to join me in honoring Lewis to educate and keep children safe. Walker as he steps down as President of Law- OF CALIFORNIA Mr. Speaker, Mrs. Ruth Tinsman will be re- rence Technological University next month. I IN THE HOUSE OF REPRESENTATIVES membered in South Florida for her love of and feel certain that the University and the State of Wednesday, May 9, 2012 Michigan will continue to benefit from his tal- dedication to her community. Her legacy of ents for many years to come. Mr. GARAMENDI. Madam Speaker, on May care and compassion will live on for genera- 9, 2012, the House of Representatives re- tions to come in the lives she has touched. f affirmed our strong relationship with the State Ruth was a dear friend and I am truly honored IN RECOGNITION OF NEW JERSEY of Israel and demonstrated our commitment to to have known her. She will be missed. CITIZEN ACTION’S 30TH ANNI- Israel’s right to defend itself, by passing H.R. VERSARY 4133 with 411 votes. Unfortunately, I was not f present at the time of the vote, but I would like HON. FRANK PALLONE, JR. to voice my support for Israel and this bill. HONORING THE CAREER OF BOB MCLENNAN OF NEW JERSEY Israel is a valued ally and friend of the United IN THE HOUSE OF REPRESENTATIVES States. It is in the national security of both countries to ensure that Israel has the robust Tuesday, May 15, 2012 defense needed to protect itself from many HON. BRIAN HIGGINS Mr. PALLONE. Mr. Speaker, I rise today to threats within the region. H.R. 4133 guaran- OF NEW YORK congratulate New Jersey Citizen Action on the tees that the United States will aid Israel in IN THE HOUSE OF REPRESENTATIVES occasion of their 30th anniversary. New Jer- this defense and this bipartisan vote shows sey Citizen Action, NJCA, has worked on be- that we will always stand firm on our commit- Tuesday, May 15, 2012 half of the constituents of New Jersey to pro- ments to this relationship. Again, I would like Mr. HIGGINS. Mr. Speaker, I rise today to tect and expand the rights of individuals and to apologize for missing this important vote, honor the career and accomplishments of a families. Their faithful dedication to protecting but I commend my colleagues for supporting distinguished member of my community, Bob and serving the constituents of New Jersey is this vital alliance. McLennan. worthy of this body’s recognition. f New Jersey Citizen Action is the state’s Bob has been a tireless advocate for the largest citizen watchdog coalition that has dili- REMEMBERING THE LIFE OF MRS. Western New York labor community. He has gently worked to secure economic and social RUTH TINSMAN served as a full-time officer for the National justice for its constituents. NJCA is a nonprofit Association of Letter Carriers Branch #3 in 501(c)(4) that currently touts an impressive Buffalo for the past 21 years. For the last 18 60,000 individual membership and is affiliated HON. ALCEE L. HASTINGS years he has served as the President of that with 100 organizations. Most recently, NJCA OF FLORIDA organization and has been an important figure has maintained seven active campaigns cen- IN THE HOUSE OF REPRESENTATIVES in educating the public and Members of Con- tered around progressive social and economic Tuesday, May 15, 2012 gress on pressing issues facing our commu- justice goals. Among many notable accom- nity in Buffalo, NY. plishments, in 2010, NJCA launched a Con- Mr. HASTINGS of Florida. Mr. Speaker, I For the last 18 years Bob has also served sumer Health Helpline to assist consumers in rise today to celebrate the life of my dear as Vice President of the Buffalo AFL–CIO securing affordable, quality health services. friend Ruth Tinsman. Mrs. Tinsman, beloved labor council leaving his mark as a leader for They have played a prominent role in the bat- wife of the late Jerry Tinsman, passed away working families. As one of the leading figures tle for Family leave insurance and are ap- on April 28, 2012, at the age of 81. My advocating for the National Association of Let- plauded for their grassroots campaign in sup- thoughts and prayers go out to her family and ter Carriers Bob has been described as being port of national health reform. NJCA continues friends at this most difficult time. She is sur- ‘‘front and center leading one of the most ef- to educate thousands of minority and women vived by her daughters Katheline Tinsman and fective NALC local branches in the country.’’ Leann Tinsman, sister Patricia O’Rork, three small business owners and entrepreneurs Bob became a letter carrier in 1980 in about through various small business forums grandchildren, and one great-grandchild. It was a pleasure to work with Mrs. Tinsman Depew, NY and worked 30 years in that ca- and consumer education workshops. They pacity until his retirement in 2010. Bob has continue to field hundreds of volunteers for when she served as my District Administrator from the time I first assumed office in 1993 since continued to advocate for the letter car- their annual ‘‘Get Out the Vote’’ campaigns riers in Buffalo and Washington, D.C. and will and are commended for their aggressive non- until September 2001. Ruth was a hard-work- ing professional with strong morals and val- retire after a long and distinguished career. partisan campaign to turn out voters in under- Bob is married to his wife Rosemary and has represented areas of New Jersey. In addition ues, impeccable work ethic, an undeniable compassion for others, in addition to a warm three sons, Ian, Connor, and Corey. He is also to their issue campaigns, NJCA has also pro- a proud grandfather with four grandchildren, vided free comprehensive outreach and edu- and loving personality. Prior to joining my of- Cailyn, Kiley, Ivy and Ginger. cation programs in the areas of housing and fice, Mrs. Tinsman was a Congressional Aide foreclosure counseling, tax preparation, bene- for Congressman William Lehman of Florida My community of Western New York has fits counseling and financial education. for 10 years. ‘‘Ruth was great with people and benefited greatly from the leadership and fore- Throughout their thirty year history, New Jer- my father’s constituency. She always looked sight that Bob McLennan has exhibited sey Citizen Action has continued to work inde- out for his best interest,’’ said William Lehman, through his work. pendently as well as partner with various pro- Jr., son of the late Congressman Lehman. Mr. Speaker, I thank you for allowing me a gressive organizations throughout New Jersey Mrs. Tinsman has devoted her life to help- few moments to commemorate the service of to insure that government continues to have a ing others in her community. As a resident of one of the hardest working men that I have positive impact on its constituents. the City of Hialeah, Florida for over 50 years, had the good fortune to know.

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A15MY8.003 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E788 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 INTRODUCTION OF THE UNITED IN HONOR OF BARBARA aviation service support contract in the U.S. STATES LEADERSHIP TO ERADI- HEHMEYER Army. He was tasked with maintaining 587 ro- CATE OBSTETRIC FISTULA ACT tary wing aircraft, providing over 500 launches OF 2012 HON. RUSS CARNAHAN every day to support an ever-increasing need OF MISSOURI for army aviation. Colonel Crogan was person- IN THE HOUSE OF REPRESENTATIVES ally responsible for providing the aircraft re- HON. ROSA L. DeLAURO quired to professionally train aviators and pro- Tuesday, May 15, 2012 vide the Army’s next generation of great war- OF CONNECTICUT Mr. CARNAHAN. Mr. Speaker, I rise today riors. Aviation maintenance is an expensive IN THE HOUSE OF REPRESENTATIVES to recognize Ms. Barbara Hehmeyer, and proposition and Colonel Crogan’s innovative honor her for her 23 years of dedicated serv- leadership and creative solutions have shown Tuesday, May 15, 2012 ice to the Lemay Chamber of Commerce. She a total cost saving during his command of Ms. DELAURO. Mr. Speaker, I rise today to has made the Lemay Chamber one of the more than $750,000,000. introduce the United States Leadership to most vibrant Chambers of Commerce in Mis- Colonel Crogan’s great leadership contrib- souri’s Third Congressional District. uted significantly to the elimination of the flight Eradicate Obstetric Fistula Act of 2012, which Ms. Hehmeyer began working for the Lemay training backlog on Fort Rucker which reduced will help to eradicate a consequence of pro- Chamber of Commerce in 1989 and has ac- the time aviators spent training from 22 longed labor for pregnant women in low-re- complished many great things during her ten- months to 12 months. Aviators will now report source areas. ure. She tirelessly pursued many projects that to their units ten months earlier to begin mis- Obstetric fistula is an avoidable and tragic resulted in redeveloping and improving her sions and the Army will see enormous cost medical condition which is a result of insuffi- community. She led the Lemay Development savings in a time of fiscal reduction. Colonel cient medical interventions that often results in Corporation as it engaged in workforce and Crogan raises the bar for those around him as the death of the child and devastating physical youth development activities, as well as neigh- demonstrated by ACLC winning the Army borhood beautification efforts. Her advocacy Chief of Staff Supply Excellence Award in and social ramifications for the mother. An es- for the Community Reinvestment fund will re- 2011. timated 2 million women are currently suffering sult in at least $15 million dollars in direct in- Therefore Mr. Speaker, I ask our colleagues from an obstetric fistula, and women and girls vestment for the Lemay area. Barbara also to join me in honoring COL Richard E. in sub-Saharan Africa are disproportionately played an instrumental role in bringing Pin- Crogan’s exceptional service, dedication and affected. nacle Entertainment’s River City Casino to devotion to duty, leadership, and professional A simple surgical procedure or extended Lemay; a project that resulted in over $380 competency. He exemplifies the fine tradition medical care is often needed to treat and cure million in investment and has created 1,000 of military service and reflects great credit women suffering from an obstetric fistula. It is jobs for the people of St. Louis. upon himself, the Department of the Army, Barbara has also worked to strengthen not and the United States of America. May he therefore critical that the infrastructure in sub- only her community but also the Lemay know that his nation is greatly appreciative of Saharan Africa be further developed to better Chamber of Commerce itself. She has dou- his dedication, and wishes him the best in all care for and treat women who have already bled the levels of membership in the Lemay his future endeavors. developed an obstetric fistula and women who Chamber and has established many innova- f may develop a fistula in the future. It is also tive member benefits. She developed a mod- imperative if we are to prevent women and ern day newsletter, and started annual events HONORING MR. JOSEPH FALBO girls from developing a fistula. And it is impor- which recognize outstanding educators and tant that obstetric fistula care and treatment provide scholarship for area high school stu- HON. C.A. DUTCH RUPPERSBERGER not be overlooked within the general global dents. Barbara also worked with the Lemay OF MARYLAND health and development initiatives already Child and Family center, BJC School, the IN THE HOUSE OF REPRESENTATIVES under way. Hancock Place school district, the Salvation Tuesday, May 15, 2012 Army, the Carondelet YMCA, and St. Louis This bill would authorize the development of Community College in implementing the suc- Mr. RUPPERSBERGER. Mr. Speaker, I rise a comprehensive strategy to not only prevent cessful Lemay Charting for Change project. before you today to honor Mr. Joseph Falbo, fistula, but successfully treat the women that Barbara’s commitment to the Lemay Cham- who was recently named the ‘‘2012 Dundalk are already suffering from this condition. It en- ber of Commerce and to the St. Louis region Citizen of the Year’’ by the Optimist Club of courages the expansion of private-sector and has been outstanding. For over two decades Dundalk. Mr. Falbo was chosen to receive this prestigious award for his remarkable efforts to multi-sector efforts in addition to public-private she has strived for and achieved excellence. I thank my constituent and good friend, Barbara improve the quality of life in his community. partnerships rather than relying strictly on pub- Mr. Falbo has volunteered with the Dundalk lic-sector efforts. It would also establish the Hehmeyer, for her work and dedication to our community, and invite my colleagues to join Heritage Association since 1980, when he an- International Obstetric Fistula Institute for Sub- me today in recognizing her great work. swered an ad in the Dundalk Eagle seeking Saharan Africa to implement parts of the com- f volunteers to help erect a fence for Dundalk’s prehensive strategy. signature event, the Heritage Fair. Working his This legislation focuses its efforts on sub- PAYING TRIBUTE TO U.S. ARMY way through the ranks, Mr. Falbo stepped up COLONEL RICHARD E. CROGAN Saharan Africa to ensure a meaningful and to serve as the organization’s president in successful strategy to eliminate this condition. 2007 when its then-president fell ill. From booking bands to ensuring the event Local factors that are part of the reason ob- HON. MIKE ROGERS runs on schedule, the fair requires year-round stetric fistulas may develop vary dramatically OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES planning. Though unprepared and inexperi- in regions where women are afflicted. By fo- enced, Mr. Falbo’s first fair at the helm went cusing on a single region that is already rich Tuesday, May 15, 2012 off without a hitch. The event has grown since, in diversity, we believe that the strategy and Mr. ROGERS of Michigan. Mr. Speaker, I with last year’s shattering attendance records. campaign will be successful and sustainable. rise to honor the accomplishments U.S. Army He continues to make improvements to each This legislation has the potential to trans- COL Richard E. Crogan. His dedication to sol- year’s fair. addition to being named the ‘‘Cit- form the empowerment of women in the re- diers as a leader, warrior, and innovator has izen of the Year,’’ Mr. Falbo recently received gion by eradicating fistula and, as a result, im- had a profound and lasting effect on United a ‘‘Milestone Award’’ from the Dundalk Ren- States Army Aviation. As the Commander for aissance Corp., which honors residents who proving the social, educational, and economic the Aviation Center Logistics Command, help revitalize the community. The organiza- conditions of fistula victims and their commu- ACLC, Colonel Crogan supported an Army at tion said Mr. Falbo’s ‘‘leadership and nities. Accordingly, addressing this issue is not war by providing maintenance, sustainment heavylifting’’ ensure the annual fairs ‘‘grow only a moral imperative for the United States, and logistics support and proficient U.S. and and evolve with our community.’’ but it is also in our best strategic interest. I Allied Aviation Officers. Despite his many awards and acclamations, urge my colleagues to support our efforts, and Colonel Crogan was responsible for over- Mr. Falbo remains humble and appreciative. this legislation. sight and quality assurance on the largest When told he was receiving his most recent

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.007 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E789 award, Mr. Falbo said he couldn’t accept it un- Erie County Legislature, Jim put his manage- and later in the New York City Opera Com- less his whole organization was also recog- ment skills to work as the Administrator for the pany singing basso. nized. Town of Amherst Justice Court. The largest After moving to the United States, Mr. Mr. Falbo also spent years coaching tee such court in New York State, Jim served sev- Gaynes became an accomplished Broadway ball, baseball, and soccer teams for the Dun- eral town justices in Amherst by administering actor, best known for his on-stage role in dalk-Eastfield Recreational Council. Further- the operations of the court with flawless qual- Wonderful Town. He also had notable roles in more, Mr. Falbo helps with the group’s annual ity and impeccable honesty and integrity. Am- the Cole Porter musical Out of This World and Dundalk Christmas Parade. herst Town Justice Mark Farrell has said that, in the U.S. on-stage tour of My Fair Lady. Mr. In addition to his volunteer efforts, Mr. Falbo ‘‘Jim transformed Amherst Town Court into the Gaynes has also enjoyed a distinguished ca- is a fixture in Dundalk’s business community, most efficient justice court in New York State, reer on-screen. He is perhaps best known for having owned and operated his auto-repair leading in the management of the largest his role in the Police Academy series as Com- shop since he took it over from his father in caseload and managing the largest such staff mandant Eric Lassard, as Henry Warnimont the 1990s. He is a graduate of Dundalk High in the state. No one gets a job done better on the NBC television series Punky Brewster, School. than Jimmy Loughran.’’ and as Arthur Feldman on The Days and Mr. Speaker, I ask that you join with me Jim was an innovator. Working closely with Nights of Molly Dodd. Gaynes is also remem- today to honor Mr. Joseph Falbo. His genuine Judge Farrell, Jim was on the ground floor in bered for his role as Frank Smith on the pop- love for his community and neighbors are an the formation of specialized courts, including ular soap opera General Hospital, and has ap- inspiration to us all, and are deserving of the service to veterans and to those in need of peared in movies such as The Way We Were, utmost gratitude. It is with great pride that I treatment for problem gambling. Jim also Tootsie, and The Crucible. congratulate Mr. Falbo on his exemplary con- worked with town justices to form the Amherst Gaynes met the love of his life, fellow danc- tributions to the Dundalk community. Drug Court and Therapeutic Foundation, er and actress Allyn Ann McLerie in 1952 in f where today he serves as President. Jim is in- New York where they were both performing on HONORING JAMES V. LOUGHRAN volved with dozens of professional and civic Broadway. The couple has been married for UPON THE OCCASION OF HIS RE- associations and has a particular interest with 58 years and has two wonderful children, Iya TIREMENT fundraising efforts for the many charities, in- and Matthew. They have one grandchild, Ni- cluding the Leukemia Society, the Make-A- cole Falcone Stryjak and are expecting their Wish Foundation, the Cystic Fibrosis Founda- first great-grandchild, Portia, in June 2012. HON. BRIAN HIGGINS tion, and the St. Vincent de Paul Society. George and Allyn Ann moved to Santa Bar- OF NEW YORK Jim was faced with a health challenge not bara in 1989 and the couple immediately be- IN THE HOUSE OF REPRESENTATIVES long ago, and his many friends and family came involved in the issues important to our Tuesday, May 15, 2012 members are delighted to see that he is work- community and could always be counted upon Mr. HIGGINS. Mr. Speaker, I rise today to ing through it. On Thursday, May 17, what is to support those causes they believed in honor James V. Loughran, a distinguished sure to be a capacity crowd will fill the deeply. In fact, George has continuously con- resident of the town of Amherst, Erie County, Sonoma Grille in the heart of Jim’s beloved tributed various ‘‘Letters to the Editor’’ on both New York, upon the occasion of his retire- hometown of Amherst to fete Jim upon the oc- local and national issues in several local ment. casion of his retirement. newspapers. The couple were also founding Coming from a large family with a longtime A long time ago, during his Marine service, members of the State Street Ballet Company dedication to public service, Jim Loughran Jim earned the nickname ‘‘Jimmy Good Guy,’’ in Santa Barbara. served with honor and distinction as a Rifle- and that is as appropriate an appellation as George Gaynes is a man who has devoted man with the United States Marine Corps. has ever been assigned to a person. Jim his life to the arts and his community. Today After multiple combat tours in Vietnam be- earned that nickname simply because of his I am pleased to recognize him as we cele- tween 1967 and 1969, Jim made the decision willingness to help someone—anyone—who brate his life as a distinguished actor and en- to dedicate his professional career to his was in need. No one who has had the good tertainer, a man dedicated to making the Cen- country with a career in the military. fortune to encounter Jim Loughran has left tral Coast and this Nation a richer, more vi- Jim spent his military career principally in that engagement without knowing that Jim brant place. areas of administrative management and re- would do anything he could to help them. f cruitment. Time and again Jim was called That is why, Mr. Speaker, I am asking that upon to manage and administer the safe de- all members of the House join with me, and IN RECOGNITION OF KATM KAT ployment of Marines, often doing so for the with Jim’s own friends and family, to wish Jim COUNTRY 103 largest active and reserve units within the Loughran—the one and only ‘‘Jimmy Good Corps. On multiple occasions, Jim received Guy’’—the very best of good luck and good HON. DENNIS A. CARDOZA commendations from his commanders who health in the months and years to come. OF CALIFORNIA knew all too well the type of dedication and f IN THE HOUSE OF REPRESENTATIVES commitment that Jim showed to his country Tuesday, May 15, 2012 and to his duties. HONORING THE 95TH BIRTHDAY OF Jim maintains a close relationship with MR. GEORGE GAYNES Mr. CARDOZA. Mr. Speaker, I rise today to former Joint Chiefs of Staff Chairman Peter recognize KATM Kat Country 103, a country Pace, under whom Jim served when both HON. LOIS CAPPS music radio station located in the 18th Con- were stationed in Buffalo. On three different OF CALIFORNIA gressional District of California. The station re- occasions, Jim was fortunate to serve under IN THE HOUSE OF REPRESENTATIVES cently won two national awards in the country music industry. It was honored as the 2011 Gen. Pace’s command, and their relationship Tuesday, May 15, 2012 speaks volumes about the type of soldier Jim Station of the Year at the Country Music Asso- was, and the impact that Jim’s leadership had Mrs. CAPPS. Mr. Speaker, today I rise to ciation Awards as well as at the 2012 Acad- on his commanding officers. honor Mr. George Gaynes on the occasion of emy of Country Music Awards. Both accolades Jim’s commitment to his brothers and sis- his 95th birthday. Mr. Gaynes is a distin- are highly prestigious and speak volumes of ters in the military did not end when soldiers guished member of the Santa Barbara com- Kat Country’s performance. removed their uniforms. Jim took a serious in- munity. He is a man who has devoted his life Debuting on the air on April 4, 1992, Kat terest in what soldiers and military personnel to the arts, a man who has delighted us all Country 103 has been providing country music would have to face after their careers ended, with his wonderful talents both on-stage and to the Valley for over fifteen years. Kat Coun- and spent several years in hands-on coun- on-screen. try 103 serves listeners from Sacramento to seling of veterans transitioning from military to George Gaynes was born in 1917 in Hel- Merced and from the Foothills to the Bay civilian life. sinki, Finland. In Europe, he served in the Area. Under the slogan ‘‘Continuous Country In the mid-1990s, Jim faced that same tran- Dutch and British Navies during World War II. Favorites and Fun,’’ it provides listeners with sition himself. Our region was fortunate to at- Mr. Gaynes served as a translator on battle- radio music, host concerts and events for tract Jim to come back home. And his commu- ships since he spoke, and still speaks, six lan- fans, and participates in many charitable nity was all the better for that decision. guages fluently. Mr. Gaynes, blessed with a events as well. Kat Country is owned by Cu- After several years of service to one of our wonderful singing voice, started his career in mulus Media and is under the direction of region’s most highly regarded members of the opera companies in Switzerland and , Nikki Thomas, Program Manager.

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.010 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E790 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 Kat Country 103 received the news of its the National Math and Science Initiative, Inc. least some seafaring claim to the waters of nomination for the Country Music Associa- from 2007 to 2011. the South China Sea. tion’s award through a telephone call from In addition, following his resignation from We cannot let stand such intimidation and country sensation Taylor Swift. Kat Country the Department of Education, Mr. Luce re- let Taiwan suffer the same fate. It is in our na- 103 was the first to interview Swift when she joined the board of Dell Inc. He is the longest tional strategic interest and in that of Taiwan’s broke into the country music business. serving outside board member of this Texas- for us to continue our providing our steadfast Beyond providing music to its listeners, Kat based company and will leave the board when support and in supplying Taiwan with defen- Country 103 also strives to give back to the his term ends on July 13, 2012. sive capabilities as under our obligations in community and to those in need. Every year, During his time on the Dell Board of Direc- the Taiwan Relations Act. Being sufficiently it works with the Make-A-Wish Foundation by tors, Mr. Luce served on all four board com- armed and defensively capable is sadly the holding a telethon to raise money for the orga- mittees and oversaw a period of rapid growth only way that Taipei can interact with Beijing nization. It’s hosted several charity concerts to for Dell, a great American success story. In on what can at least pass for a perceived po- support St. Jude’s Children’s Cancer Re- 1991, Dell reported $890 million of revenue sition of strength. The United States of Amer- search Hospital and even collected donations and debuted on the Fortune 500 rankings the ica and the American people must continue to of thirty-six million pennies for the hospital. In following year. Today, Dell is a $62 billion have the guts and vision to step forth and pro- addition, every year at Christmastime it partici- company and ranked No. 41 on the Fortune vide our democratic friend and ally access to pates in the Marine Toys for Tots Foundation 500 list. the tools it needs to defend itself and free way drive, collecting toys and gifts for disadvan- Michael Dell, founder, chairman and CEO of of life. taged children in the community. The station Dell, said, ‘‘Tom is a great friend and trusted Yet, while we must acknowledge the real also supports the Second Harvest Food Bank, advisor to us all here at Dell, and it’s been a concerns, the ever-looming storm on the hori- the American Cancer Society, and countless true privilege to know him and benefit from his zon in this conflict, we must also take note of other organizations. It also recognizes and wise counsel for so many years. During his the successes of democracy. Taiwan con- thanks its dedicated listeners by throwing an long service as a member of the Dell Board, tinues to hold free and fair elections and we annual Listener Appreciation Concert. To Tom has contributed to our success in count- will do our part in supporting such continued show its sincere appreciation of support, the less ways and has helped shape the strate- success. So, on this day, please join me in station invites nearly 20,000 listeners to attend gies that have allowed us to develop and de- congratulating President Ma on his inaugura- an all-day concert, absolutely free. It has had liver the very best in technology solutions to tion. But even in celebration, we will not fall such performers as Toby Keith, Taylor Swift, our customers. On behalf of the global Dell complacent; we will continue to urge our gov- Blake Shelton, The Band Perry and countless team and my fellow Board members, it is my ernment to continue providing our support of others. This year it will welcome Montgomery distinct honor to thank Tom for his commit- Taiwan and our commitment in providing ac- Gentry as their opening act. ment to our country and to Dell, and to wish cess to the defensive tools it needs to safe- Please join me in congratulating Kat Coun- him the very best in everything the future guard its democracy. try 103 and its staff on the recognition of their holds.’’ f Country Music Association and Academy of I ask my colleagues to join me in honoring Country Music Awards. They are a very de- Mr. Luce and thanking him for his service to HONORING DR. SANDRA serving country music radio station and I am our country and his business leadership. We KURTINITIS proud to have served them in the 18th Cali- wish him the best in his future endeavors. fornia Congressional District. f HON. C.A. DUTCH RUPPERSBERGER OF MARYLAND f TAIWAN PRESIDENT MA YING- IN THE HOUSE OF REPRESENTATIVES HONORING MR. THOMAS W. LUCE JEOU’S SECOND INAUGURATION III Tuesday, May 15, 2012 HON. DAVID SCOTT Mr. RUPPERSBERGER. Mr. Speaker, I rise HON. LAMAR SMITH OF GEORGIA before you today to recognize Dr. Sandra OF TEXAS IN THE HOUSE OF REPRESENTATIVES Kurtinitis, president of the Community College IN THE HOUSE OF REPRESENTATIVES of Baltimore County, who was recently named Tuesday, May 15, 2012 the 2012 ‘‘Humanitarian of the Year’’ by the Tuesday, May 15, 2012 Mr. DAVID SCOTT of Georgia. Mr. Speaker, Optimist Club of Dundalk. Mr. SMITH of Texas. Mr. Speaker, I would on January 14th, 2012, Taiwan President Ma This prestigious honor is reserved for indi- like to recognize and honor a great Texan, Mr. Ying-jeou successfully won reelection and will viduals who serve the Dundalk-Edgemere Thomas W. Luce III, for his years of leader- be inaugurated for a second term on Sunday, community. As president of the Community ship and contributions to improving our public May 20th. The day will be one of a celebration College of Baltimore County for the past schools, strengthening higher education and of democracy, however, like every day in Tai- seven years, Dr. Kurtinitis leads the largest supporting business and economic growth. wan, it is one clouded by the ever-present, po- provider of higher education in the Baltimore Mr. Luce was a founding and managing tential danger lurking a mere 100 miles to its region and is credited with establishing a lean- partner of the law firm of Hughes and Luce, west. The People’s Republic of China and its er executive structure that prioritizes the class- LLP until his retirement from the firm in 1997. more than 1,400 missiles will continue to tar- room. In addition to his active law practice, Mr. Luce get Taiwan. While Taipei and Beijing have Throughout her tenure at the Community has served on the boards or as guest lecturer made strides in terms of trade, investment, College of Baltimore County, Dr. Kurtinitis has at a number of schools of higher education, in- travel and tourism, as well as political strides gone above and beyond the call of duty to re- cluding the Kennedy School of Government at via the repatriation of fugitives; the govern- connect the once fledgling Dundalk campus Harvard, the LBJ School of Public Affairs at ment of mainland China still espouses its be- with the community. As a result of Dr. The University of Texas at Austin, and South- lief in a right to take Taiwan by force. History Kurtinitis’ efforts, enrollment at the Dundalk ern Methodist University. is riddled with such fateful attempts in this campus is thriving, having doubled from 2,500 Mr. Luce also has been appointed five times conflict such as Mao Zedong’s bombings of students in 2005 to 5,000 students today. to major posts by Texas governors, including Taipei-administered islands Kinmen and Matsu Shortly after her arrival, Dr. Kurtinitis worked Chief Justice pro tempore of the Texas Su- in the 1950s. to place several of the college’s signature pro- preme Court. He is perhaps best known for In contrast to Taiwan’s culture of democ- grams on the Dundalk Campus in order to at- his role as the Chief of Staff of the Texas Se- racy, mainland China’s political culture is a tract new students. Under her direction, the lect Committee of Public Education, which pro- closed one. The leadership and its central school constructed a new building to house a duced one of the first major reform efforts planners listen to few, the least of which in- new program for dental hygienists and dental among public schools in 1984. clude its own people. There is little nuance, assistants. In an effort to integrate the school Mr. Luce served on the Dell Inc. Board of dialogue or meaningful negotiation unless with the surrounding community, the facility is Directors from 1991 to 2005, until he was ap- backed by the threat of brute force. The gov- open to the public and will offer low-cost pre- pointed United States Assistant Secretary of ernment of the People’s Republic of China ex- ventive dental work to more than 2,000 resi- Education for Planning, Evaluation and Policy tends its intimidation tactics beyond its borders dents each year. Development by President George W. Bush. and against its regional neighbors, nations like In addition, Dr. Kurtinitis has overseen a $6 He then served as Chief Executive Officer of Vietnam, the Philippines and others who lay at million renovation of the campus cafeteria and

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K15MY8.008 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E791 library. She also boosted the college’s pres- the uncertainties of the world around them. uty Legislative Assistant to the Chairman of ence at community meetings and events, But they should be eased by the knowledge the Joint Chiefs of Staff (CJCS). Serving as a working closely with the Dundalk Renaissance that they are going to receive the best training liaison to Congress as the personal represent- Corporation and the Dundalk Chamber of available to our Armed Forces as well as the ative of the CJCS is an important position, but Commerce. The college has begun entering a unwavering support of this chamber and the more importantly, he also served as a soldier’s float in the annual Dundalk Independence Day American people as they meet the challenges advocate on Capitol Hill for equipment mod- parade, winning awards for the past three con- they may face in defense of our nation. ernization and improved systems and protec- secutive years. I would like to offer my personal thanks to tion. A self-described ‘‘servant leader,’’ Dr. these brave young men and women. Their Therefore Mr. Speaker, I ask our colleagues Kurtinitis is an experienced and respected ed- sacrifices are the reason why I have the privi- to join me in honoring COL Chandler C. (Skip) ucator, administrator and author. Before re- lege of addressing you in this great chamber Sherrell’s exceptional service, dedication and turning to Maryland, she served as president of the House of Representatives. The freedom devotion to duty, leadership, and professional of Quinsigamond Community College in Mas- to debate the issues confronting our nation is competency. He exemplifies the fine tradition sachusetts and, prior, taught English at Prince greatly provided by the sacrifices that these of military service and reflects great credit George’s Community College for 22 years. new Soldiers, Sailors, Airmen and Marines, upon himself, the Department of the Army, Mr. Speaker, I ask that you join with me along with those who came before them, have and the United States of America. May he today to honor Dr. Sandra Kurtinitis. Her dedi- fought hard to defend. know that his nation is greatly appreciative of cation to quality education for all students is Mr. Speaker, please join me in celebrating his dedication, and wishes him the best in all an inspiration. It is with great admiration and the remarkable dedication to our country that his future endeavors. appreciation that I congratulate Dr. Kurtinitis these young adults have demonstrated by en- f on her well-deserved recognition and wish her listing in the Armed Forces. May we never for- many more years of success. get to recognize all those who serve our na- REMEMBERING THE LIFE OF MR. WAYNE L. NELSON f tion and the courage they have shown volun- teering to risk their lives in defense of our RECOGNITION OF FIFTY-EIGHT freedoms. All Americans owe them, as well as HON. ALCEE L. HASTINGS SOUTH JERSEY HIGH SCHOOL all those who are currently and who have in OF FLORIDA SENIORS FOR ENLISTING IN THE the past served our country, a deep debt of IN THE HOUSE OF REPRESENTATIVES UNITED STATES ARMED SERV- gratitude. ICES Tuesday, May 15, 2012 f Mr. HASTINGS of Florida. Mr. Speaker, I HON. JON RUNYAN PAYING TRIBUTE TO U.S. ARMY rise today to honor the life of Wayne L. Nel- OF NEW JERSEY COLONEL CHANDLER C. (SKIP) son, who died on April 30, 2012. Mr. Nelson IN THE HOUSE OF REPRESENTATIVES SHERRELL was a deeply committed environmentalist. Throughout his life, he fought tenaciously for Tuesday, May 15, 2012 HON. MIKE ROGERS the protection of Florida’s ecosystems. He al- Mr. RUNYAN. Mr. Speaker, I rise today in OF MICHIGAN ways had a special concern for Lake Okee- recognition of 58 high school seniors in South IN THE HOUSE OF REPRESENTATIVES chobee, which is the seventh largest fresh- Jersey for their admirable decision to enlist in water lake in the United States and the largest Tuesday, May 15, 2012 the United States Armed Forces. Of these 48 in the State of Florida. Mr. Nelson was widely seniors, 13 have joined the Marine Corps; Mr. ROGERS of Michigan. Mr. Speaker, I respected by everyone of like mind who knew their names are Dominigo Parson, Kyle rise to honor U.S. Army Colonel Chandler C. of his love for Florida’s natural resources. Hohwald, Angel Gomez, Andrew Galiano, (Skip) Sherrell, who is retiring after 26 years of Younger environmentalists trusted him for his Blase´ Salvatore, Cody Quick, Joshua Molinas, service to our nation as an Army Aviation Offi- knowledge and learned much from his advice. Jacob Presley, Hector Rivera, Anthony cer. During his distinguished career, COL An avid angler with a passion for conserva- Pimpinello Jr., Giovanni Figueroa, Joseph Sherrell served the nation in peace and war in tion, Mr. Nelson founded Fishermen Against Fabrizio, and Vincent Settineri II. Nine have numerous positions of steadily increasing re- the Destruction of the Environment (FADE) as joined the Army; their names are Dakota sponsibility. Colonel Sherrell has led soldiers well as Clean Lake Environment and Recre- Beck, Brian Esposito, John Sabatino, Alan in combat, trained soldiers for war, and served ation (CLEAR). Additionally, he was an active Ngyen, Kierra Law, Darryn Henwood, Ryan as an advisor and assistant to the Chairman member of Greenpeace and Public Citizens. Madden, Kevin Roberts and Tony Ta. Ten of the Joint Chiefs of Staff (CJCS), the Chief Mr. Speaker, Wayne Nelson left a fine leg- have joined the Air Force; their names are of Staff of the Army (CSA), and as a DoD Fel- acy of caring for our environment and teaching Dane Urgo, Marvin Smith, Addison Steiger, low to the United States Congress. He has younger generations all that he knew. Wher- Daniel Flowers, Rebecca Freedman, Alex served his Nation in Iraq, Saudi Arabia, Bos- ever he went, he spread awareness of the im- Belii, Carlos Restrepo, Gabrille Swift, Matthew nia, Germany, and Korea, as well as in de- portance of saving the earth, and he will be Vitalone, and Taylor Dockery. Four have manding assignments in the United States. greatly missed by family, friends and everyone joined the Navy; their names are John Weiser, His decorations for his service include awards in the environmental community. My thoughts Matthew Kapp, Craig Smith and Derek Smith. for valor. He is an outstanding Army aviator, are with Mr. Nelson’s loved ones during this Twelve have joined the New Jersey Army Na- leader, and soldier, and he is deserving of our most difficult time. tional Guard; their names are Ronald Chin, recognition. f Wyatt Cooper, Tyrell Powell, Daniel Szovati, COL Skip Sherrell concluded an outstanding Aleshia Morales, Tucker Patten, Jimmy Rodri- career by serving for two years as the Chief HONORING THE AFRICAN AMER- guez, Yaritza Victor, Michael Murphy, Chris- of Staff of the U.S. Army Aviation & Missile ICAN EDUCATION TASK FORCE tian Shinkowitz, Andrew Krevetski and Jona- Life Cycle Management Command (AMCOM). than Kellum. All of the 46 seniors will be rec- He brought a wealth of expertise in aviation HON. BARBARA LEE ognized at the ‘‘Our Community Salutes of operations to the AMCOM Command Group. OF CALIFORNIA South Jersey’’ ceremony to be held during the Prior to joining AMCOM, Colonel Sherrell per- IN THE HOUSE OF REPRESENTATIVES evening of May 30. formed one of the most demanding and critical As this month begins many of these young assignments of his career, serving as the Tuesday, May 15, 2012 men and women will be celebrating their grad- Commander of Task Force (TF) 49. TF 49 Ms. LEE of California. Mr. Speaker, I rise uation with their fellow classmates. During that was the Army’s designation for a composite today to honor the African American Education time their classmates will be preparing to Aviation Brigade, formed from many units to Task Force, co-chaired by Mr. Oscar Wright move onto college or vocational school life, as perform combat operations in Iraq. In twelve and Mrs. Wandra Boyd, for its record of suc- these men and women begin their training in months of intensive flying in multiple locations cess in encouraging and acknowledging aca- the armed services, beginning a life of service across Iraq, Colonel Sherrell led TF 49 to demic achievement by African American youth and sacrifice, all in the efforts of defending our complete mission success with an impressive in California’s Oakland Unified School District. nation and its ideals. safety record—an outstanding achievement. Today, the African American Education These young men and women now embark Colonel Sherrell served in a role that few Task Force and the Oakland Unified School on a new chapter in their lives surrounded by Army officers experience: working as the Dep- District will celebrate a successful decade of

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.011 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E792 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 recognizing our local African American stu- Mount Carmel for your outstanding contribu- For over half a century, the United States dents’ Honor Roll status. The African Amer- tion to our community, city, and state. We join and Taiwan have enjoyed strong relations ican Education Task Force Academic Achieve- with Mount Carmel to celebrate 100 years of over economic and security issues. Our ment Celebration takes place at the ACTS Full service and wish you continued success in all shared interest in peace and stability has guid- Gospel Church, pastored by Bishop Bob Jack- of your endeavors. ed the relationship, and our commitment to son in Oakland, California. f Taiwan’s security, as stated in the 1979 Tai- During this year’s event, 1,026 African wan Relations Act, has enabled Taiwan to American students from the 8th through 12th RECOGNIZING SMSGT (RET.) WAL- build a strong democratic government which grades will be honored for attaining grade TER LAMERTON’S EFFORTS TO serves as a symbol of success for others in point averages of 3.00 or above for the 2011– BRING A USO CENTER TO TAMPA the region and beyond. Similarly, Taiwan’s 2012 school year. This outstanding group of INTERNATIONAL AIRPORT economic partnership with us has been ex- young people has accomplished a great deal, tremely beneficial. Taiwan is currently our and we are pleased to commend them for HON. GUS M. BILIRAKIS tenth largest trading partner, with over $68 bil- their academic dedication and success. Espe- OF FLORIDA lion in total bilateral trade. cially in light of the great budgetary challenges IN THE HOUSE OF REPRESENTATIVES During Mr. Ma’s second term, I hope our re- faced by the State of California and the city of Tuesday, May 15, 2012 lationship with Taiwan will continue to flourish Oakland, these students have proven them- Mr. BILIRAKIS. Mr. Speaker, I rise today to in areas as diverse as trade, military coopera- selves to be bright, capable and resourceful. honor retired U.S. Air Force SMSgt (Ret.) Wal- tion, and the Visa Waiver Program. Congratulations to Mr. Ma and the people of I would like to take this opportunity to con- ter Lamerton of Trinity, Florida for his critical Taiwan. gratulate each and every student for earning role in bringing the USO to Tampa Inter- this distinction. Thank you for understanding national Airport. f and promoting the importance of staying in On January 18, 2012, the USO Board of THE DEATH OF NICHOLAS KING school. By continuing to be the best students Governors voted to grant a charter for the possible and by making the most of your edu- USO expansion to Tampa. This USO Center cation, you will enjoy a full range of opportuni- is scheduled to open in August 2012 and will HON. LAURA RICHARDSON ties to achieve your personal goals, as well as support the more than 300,000 service mem- OF CALIFORNIA give back to your communities. bers and their families that annually transit the IN THE HOUSE OF REPRESENTATIVES Your accomplishments represent the Tampa Bay community. At the time of the Tuesday, May 15, 2012 strength of your initiative and a commitment to vote, USO Headquarters Staff stated that excellence. The skills and discipline you have Ms. RICHARDSON. Mr. Speaker, it is my ‘‘Many have applied, but that this is the first regrettable duty to report the death of a great developed will be of great use as you continue Chartered USO Center approved in the nation to follow your dreams toward success. I am so American, Nicolas King. Mr. King died on April in over twenty years.’’ 3, 2012 in Santa Rosa, California. He was 79. very proud of you for taking personal pride in Walter Lamerton was a driving force behind your studies. Oakland’s future leaders are cer- Perhaps more than any other person, Mr. King submitting this ultimately successful proposal was responsible for preserving the Watts Tow- tainly present at this celebration of academic to the USO Board of Governors. He worked achievement, and I welcome your many civic ers in Los Angeles, which has been visited by closely with volunteers throughout the Tampa millions over the past 50 years. contributions in the years to come. Bay area and effectively conveyed their mes- On behalf of the residents of California’s 9th King was instrumental in preserving the sage of support for our service members and world famous Watts Towers which adds an Congressional District, I again salute you for their families to both the local community and your exemplary academic performance. I am aesthetic appeal to my 37th District. The to the USO Board of Governors, under a com- unique work of folk art, was created over 33 confident that you will continue this fine record pact timeframe. of scholarship, service and success. Keep up years by Italian immigrant Simon Rodia. Mr. Lamerton’s leadership and attention to Rodia, described as a cement finisher and the good work, and I wish you the very best detail were critical in the effort to bring the in all of your future endeavors. construction worker, began building the towers USO Center to Tampa. As a result, many of in 1921. The nearly 100-foot complex of spires f our Nation’s service members and their fami- and other structures are decorated with bro- RECOGNIZING MOUNT CARMEL lies will directly benefit from his efforts for ken pottery, seashells, glazed tiles and pieces BAPTIST CHURCH, MAY 15, 2012 years to come. of colored glass. As Vice-Chairman of the House Committee In 1954, Rodia moved to Martinez, Cali- on Veterans’ Affairs, I constantly find myself in fornia to be closer to family and signed his HON. GREGORY W. MEEKS awe of the sacrifices and efforts that have property over to his neighbor, Louis Sauceda. OF NEW YORK been made on behalf of our great country by His former house had burned down, the gates IN THE HOUSE OF REPRESENTATIVES the men and women who have worn the uni- to the walled property were open and un- form of our Armed Services. Because of this, Tuesday, May 15, 2012 guarded, and the grounds were littered with it is my distinct honor to recognize and ex- Mr. MEEKS. Mr. Speaker, I rise to recog- refuse left by unwanted visitors. Nicholas King press my gratitude to Walter Lamerton for his nize Mount Carmel Baptist Church who this and his friend, William Cartwright, visited the dedication in bringing the USO to the Tampa year, will celebrate 100 years of service to the famed Watts Towers for the first time and Bay area. His success in this endeavor will Arverne Community in my district. were surprised by what they saw. serve as a lasting legacy for all who support Mount Carmel Baptist Church is committed The current owner was a dairy farmer by our military and their families. The USO Cen- to advancing the kingdom of our Lord and the name of Joseph Montoya. For $3,000 and ter at Tampa International Airport will, surely, Savior Jesus Christ through the preaching and a downpayment check of just $20, Nicholas be a shining star in our community. teaching of the Gospel, comforting the sick King and William Cartwright became the own- and distressed, and helping humanity. f ers of the Watts Towers. King and Cartwright Under the leadership of Rev. Joseph PRAISE FOR TAIWANESE cleaned up the area around the towers, and Hezekiah May, Mount Carmel Baptist Church ELECTIONS an architect friend of Cartwright soon drew up became the flagship Baptist Church on Far a plan for a caretaker’s cottage on the prop- Rockaway. Rev. May was a freedom fighter HON. CHARLES B. RANGEL erty. But when the architect went to apply for for affordable and appropriate housing and OF NEW YORK a building permit, he discovered that an order through his efforts, the City of New York took IN THE HOUSE OF REPRESENTATIVES had been issued earlier for Montoya to ‘‘de- notice and began building public housing. molish and remove the fire-damaged dwelling Mount Carmel Baptist Church has served as Tuesday, May 15, 2012 and dangerous towers from the premises on a pillar to the Arverne community through its Mr. RANGEL. Mr. Speaker, as Taiwan pre- or before March 5, 1957.’’ The Watts Towers desire to further the cause of the Gospel of pares for its Presidential inauguration on May in 1959 passed a stress test in which the tall- Jesus Christ through social activism, pastoral 20, I’d like to congratulate our friends in Tai- est spire was subjected to 10,000 pounds of care, community engagement and youth de- wan for the smooth conclusion of their presi- force and avoided demolition. velopment. dential election on January 14, when Mr. Ma With the establishment of the Committee for On behalf of the more than 655,000 resi- Ying-jeou won a second term as President of Simon Rodia’s Towers in Watts, King and dents of Sixth Congressional District, we thank Taiwan. Cartwright yielded ownership of the towers to

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.015 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E793 the committee. The group elected Cartwright dren, struggled with hunger. In my district in One hundred and fifty years ago, President as its chairman and he and King as perma- Connecticut, nearly one in seven households Lincoln recognized the potential of America’s nent directors. were not sure if they could afford enough food farmers to resourcefully cultivate our land to Born Robert Nicholas King in Sacramento to feed their families. Earlier this month, the provide an ample food supply. Today, we on March 21, 1933, he studied acting at the Meals on Wheels Association released its first must use the same innovative spirit in ap- Pasadena Playhouse after graduating from report card on senior hunger: with 1 in 7 sen- proaching agricultural production. By sup- high school in 1951. King had uncredited roles iors facing the threat of hunger, the country re- porting USDA programs and initiatives, we are in The Long, Hot Summer and as a medic in ceived an F. able to link research and scientific innovations The Young Lions. He had the role of Arnie in At a time such as this, our key federal food to effective adaptations in order to success- Joy Ride (1958) and Georgie in The Threat security policies become all the more vital. fully address the food security needs of our (1960). He also had a recurring role on the TV They make a difference for the health and well country. I am pleased to honor our country’s version of the radio serial ‘‘One Man’s Fam- being of millions of families. In the words of farmers and ranchers, and acknowledge the ily.’’ Harry Truman, ‘‘Nothing is more important in work of the USDA on this historic occasion. In 1969, King became a partner in a land our national life than the welfare of our chil- f cooperative on the Garcia River in Point Arena dren, and proper nourishment comes first in in Northern California, where he moved with attaining this welfare.’’ HONORING OFFICER CRAIG his wife, Kate, and their two young children. As we look to the future, it is important that BIRKHOLZ King was involved in logging and started a the United States maintains its leadership in nursery business in which he grafted apple agriculture. And we must also strive to ensure HON. THOMAS E. PETRI trees and sold root stocks and apples. He also that everyone has access to the food they OF WISCONSIN helped organize the river preservation group need to thrive. IN THE HOUSE OF REPRESENTATIVES Friends of the Garcia and was active in the f Tuesday, May 15, 2012 group Save Our Salmon. Nicholas King’s inspirational life reminds us CELEBRATING 150TH ANNIVER- Mr. PETRI. Mr. Speaker, today I want to to preserve the rich artistic history of America. SARY OF THE UNITED STATES recognize those peace officers being honored William Cartwright said it best, ‘‘We knew we DEPARTMENT OF AGRICULTURE during National Police Week, and I particularly had to do something that we believed should want to honor a constituent of mine who was have been done before us: preserving some- HON. ALCEE L. HASTINGS killed in the line of duty last year. thing that needed it and not abandoning it.’’ OF FLORIDA Officer Craig Birkholz was only 28 years old Generations to come will be touched by the IN THE HOUSE OF REPRESENTATIVES when he was shot and killed during a six-hour standoff at a home in Fond du Lac, Wisconsin, artwork at Watts Towers and we have Nich- Tuesday, May 15, 2012 olas King to thank. He will be deeply missed on March 20, 2011. Officer Birkholz is one of and I urge my colleagues to join me in extend- Mr. HASTINGS of Florida. Mr. Speaker, I the 166 being honored today as part of Na- ing condolences to the King Family. rise today in honor of the 150th anniversary of tional Peace Officers Memorial Day, and his Mr. Speaker, I ask for a moment of silence the United States Department of Agriculture name has been engraved on the National Me- in memory of Nicholas King. (USDA). Founded by President Lincoln in morial wall. 1862 as ‘‘the People’s Department,’’ the f Officer Birkholz had been with the Fond du USDA has helped modernize and advance Lac Police Department for two years and was THE 150TH ANNIVERSARY OF THE American agriculture to the point where Ameri- a veteran who had served in Iraq and Afghani- UNITED STATES DEPARTMENT cans now enjoy a safe and abundant food stan with the Army. Born in Kenosha in 1982, OF AGRICULTURE supply at a cost of less than ten percent of he graduated cum laude from the University of their disposable income. The USDA has been Wisconsin-Oshkosh with a degree in criminal HON. ROSA L. DeLAURO critical in protecting the farmers and ranchers justice. In 2009, he married his wife, Ashley. OF CONNECTICUT who are the stewards of our land and essen- Men and women such as Officer Birkholz, who IN THE HOUSE OF REPRESENTATIVES tial to ensuring that our nation maintains an make the ultimate sacrifice in order to keep us independent and secure food supply. safe, truly are owed our eternal gratitude. Tuesday, May 15, 2012 Over the course of its 150 years, the USDA I hope that National Police Week celebrated Ms. DELAURO. Mr. Speaker, I rise today to has repeatedly been vital in solving the many here in Washington will help those affected by recognize the 150th anniversary of the United agricultural challenges facing our nation. For the loss of a relative or fellow officer know that States Department of Agriculture (USDA). example, a rapidly declining pollinating spe- their life of service will continue to be honored. Last year, agricultural producers had record cies population currently threatens the sustain- We will remember the life and service of Offi- net farm income and trade surplus. One in ability of our agriculture across the country. cer Birkholz, and the memorial is a lasting trib- twelve jobs is linked to agriculture and forestry With one out of every three bites of food we ute to him and all fallen officers. and American consumers spend less than 10 eat the result of the intervention of pollinators f percent of their disposable income on food. like birds, bats, bees, and butterflies, the USDA programs affect each of us—from nutri- USDA has taken a lead role in addressing this TRIBUTE TO SIGNAL HILL POLICE tion programs to food safety, conservation to looming disaster through programs like the OFFICER ANTHONY GINIEWICZ plant and animal health, and rural develop- Agricultural Research Service’s research on ON THE OCCASION OF BEING ment to research and extension. the cause and treatment of Colony Collapse ADDED TO NATIONAL PEACE OF- The department manages anti-hunger and Disorder. The importance of the USDA is re- FICERS MEMORIAL WALL OF nutrition programs that help ensure millions of flected in the fact that without pollinators, our HONOR Americans have enough food. Food banks country would not be able to grow food. across the country count on the Emergency The USDA also does much more than just HON. LAURA RICHARDSON Feeding Assistance Program to keep their work with our local agriculture. It is a key play- OF CALIFORNIA pantries stocked. USDA’s Supplemental Nutri- er in addressing the changing needs of agri- IN THE HOUSE OF REPRESENTATIVES tion Assistance Program is helping more than culture across the globe. The world’s popu- 46 million Americans. More than 30 million lation is estimated to be nine billion people by Tuesday, May 15, 2012 American school children rely on the National 2050. Consequently, the world will need to Ms. RICHARDSON. Mr. Speaker, later School Lunch Program for a nutritious lunch. produce more food in the next 50 years than today the name of Anthony Giniewicz of Sig- But there is clearly more to do. has been produced during the past 10,000 nal Hill, California, will be added to the Na- With almost 13 million unemployed in this years combined. The USDA, America’s farm- tional Peace Officers Memorial Wall of Honor. economy, and one in six Americans living ers, ranchers, and research scientists will an- The National Law Enforcement Officers Me- below the official poverty line, we know that swer this challenge together through programs morial is the nation’s monument to law en- millions of middle-class and working families such as Food for Progress, McGovern-Dole forcement officers who have died in the line of are hurting. Across the country, nearly fifteen International Food for Education and Child Nu- duty. Officer Giniewicz, who served on the percent of American households were food in- trition, the USDA National Hunger Clearing- Signal Hill Police Department, died on Decem- secure in 2010. In other words, nearly 50 mil- house, and the Norman Borlaug Commemora- ber 7, 2011, as a result of gunshot wounds lion Americans, including over 16 million chil- tive Research Initiative. sustained 26 years earlier during an exchange

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.019 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E794 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 of gunfire with gang members. He will be en- HONORING DR. HAMID SHIRVANI, RECOGNIZING CURTIS WHITEHEAD, shrined on the Memorial Wall of Honor with PRESIDENT OF THE CALIFORNIA MAY 2012 STUDENT OF THE MONTH 361 other peace officers who died in the line STATE UNIVERSITY, of duty in 2011, 19 of whom are from Cali- STANISLAUS HON. GREGORY W. MEEKS fornia. OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Dedicated on October 15, 1991, the Memo- HON. JEFF DENHAM rial honors Federal, State and local law en- OF CALIFORNIA Tuesday, May 15, 2012 forcement officers who have made the ulti- IN THE HOUSE OF REPRESENTATIVES Mr. MEEKS. Mr. Speaker, I rise to recog- mate sacrifice for the safety and protection of Tuesday, May 15, 2012 nize an outstanding student from my congres- sional district, Curtis Whitehead. Curtis is a our Nation and its people. Carved on its walls Mr. DENHAM. Mr. Speaker, my colleague, senior at August Martin High School in are the names of more than 19,000 officers Mr. CARDOZA, and I rise today to acknowledge Queens, NY and has won the April student of who have been killed in the line of duty and honor Dr. Hamid Shirvani, President of the month award. During his time at August throughout U.S. history, dating back to the first the California State University, Stanislaus, to Martin, Curtis has overcome challenges, ex- thank him for his leadership and dedication to known death in 1791. celled in his studies and discovered his true the academic advancement of the Central Val- On February 19, 1985, Officer Giniewicz passions: cooking and acting. Since his soph- ley. and his partner were accosted by three gang omore year, he has had a recurring lead role Dr. Hamid Shirvani faithfully served Cali- on a Time Warner Cable production called members while off duty in Signal Hill, Cali- fornia State University, Stanislaus, as its ‘‘Power Tools for Life.’’ He has since, partici- fornia. When Officer Giniewicz identified him- President for seven years since his appoint- pated and excelled in countless culinary com- self as a police officer the assailants opened ment on July 1, 2005. fired and shot him multiple times. Miracu- petitions. By all accounts Curtis is well liked Under his leadership, the academic reputa- and respected by his classmates and teach- lously, Officer Giniewicz survived the shooting tion of the university grew in stature and the ers, baking cookies and cupcakes for their but was paralyzed from the waist. He spend university received national recognition for its birthdays and offering to help in times of need. the next 26 years as a paraplegic and under- excellence, including its first appearance in the Upon graduation Curtis will enroll in the Cul- went multiple surgeries before succumbing on Princeton Review’s Best Colleges list in 2007, inary Academy. I applaud Curtis Whitehead for December 7, 2011 due to complications from and then every year since. winning student of the month and wish him the his injuries. Dr. Shirvani carefully managed the re- best in his future endeavors. sources of the university: eliminating a budget It is fitting recognition of Officer Giniewicz’s deficit that existed upon his arrival, building a f heroism that his name will be added to the reserve, and guiding the university through se- OUR UNCONSCIONABLE NATIONAL National Law Enforcement Officers Memorial vere budget reductions that were not fully re- DEBT Wall during the National Peace Officers Me- placed by tuition increases. While these cuts morial Service. were made more catastrophic by rising enroll- HON. MIKE COFFMAN Officer Giniewicz was more than a police of- ment, Dr. Shirvani maintained and even im- OF COLORADO ficer, he was a dedicated father, son, brother, proved the academic quality of the university IN THE HOUSE OF REPRESENTATIVES by providing a high level of service to the stu- friend, and role model to his colleagues on the Tuesday, May 15, 2012 dents. Signal Hill Police Department. Although his in- Demonstrating his deep commitment to sup- Mr. COFFMAN of Colorado. Mr. Speaker, juries were severe and followed him through- port and strengthen the region, he proactively on January 20, 2009, the day President out his life, he fought through it and was still and tirelessly reached out to the region’s busi- Obama took office, the national debt was able to enjoy many of the activities he loved ness community to learn about their workforce $10,626,877,048,913.08. before the shooting. Officer Giniewicz was a needs, build partnerships, and create new Today, it is $15,676,996,273,860.82. We’ve 35-year member of the Blue Knights Law En- academic programs to address those needs. added $5,050,119,224,947.74 to our debt in forcement Motorcycle Club, as well as a life- He did all this while also providing high-qual- just over 3 years. This is debt our nation, our time member of the National Rifle Association. ity, educational opportunities for students that economy, and our children could have avoided would prepare them for well-paying jobs in the with a balanced budget amendment. Mr. Speaker, Officer Anthony Giniewicz epit- region after graduation. f omized everything that is good and true and President Shirvani tenaciously advocated on MARISHA LOZADA great about America. He was brave and kind the university’s behalf and established rela- and fearless and devoted to serving others. tionships with diverse educational partners He is survived by his mother, Nellie; son, An- and businesses and secured more than $118 HON. LOU BARLETTA thony Aleksandr; stepson, John; stepdaughter, million of external resources—the fruit of OF PENNSYLVANIA Barbara; former wife, Barbara; six sisters which included eight newly endowed profes- IN THE HOUSE OF REPRESENTATIVES Paula, Linda, Elaine, Christine, Diane and sorships and many large donations used to Tuesday, May 15, 2012 Laurie; and two grandchildren Katelyn and provide scholarships to students with financial Mr. BARLETTA. Mr. Speaker, I rise to con- Marissa. need, fund the development of new academic gratulate Marisha Lozada as a Gold Medal re- programs, and build and upgrade campus fa- As a member of the Law Enforcement Cau- cipient of the Scholastic Art and Writing cilities. cus and the representative in Congress of Sig- Awards of 2012 for her painting titled Woman His dedication to serving the students and nal Hill, California, I am saddened at the loss with Black. putting their needs first was recognized when The Scholastic Art and Writing Awards is of Officer Anthony Giniewicz but proud to rep- he was twice selected as President of the the largest, longest-running scholarship and resent the police department Officer Giniewicz Year by the system-wide student body govern- recognition program for creative teens. Awards served with such distinction. I am honored to ment, representing 430,000 students across are presented annually by the Alliance for represent the people of the 37th Congres- 23 campuses, in 2007 and 2009. Young Artists and Writers, a nonprofit organi- sional District of California in paying tribute to He is a visionary leader who made substan- zation headquartered in New York. the 362 fallen heroes who will be joining the tial contributions to higher education in the This year, the Scholastic Art and Writing more than 19,000 gallant men and women Central Valley and worked hard to raise the Awards program received 200,000 submis- who gave the last full measure of devotion to profile and stature of the university. sions from students in public, private and the communities they took an oath to protect In June 2012, President Shirvani will be home schools across America. Of the 200,000 and serve. leaving CSU Stanislaus to become the Chan- submissions, 60,000 students received re- cellor of the North Dakota University System. gional recognition and 1,600 received national Mr. Speaker, I ask for a moment of silence Mr. Speaker, please join us in honoring and medals. in memory of Officer Anthony Giniewicz and commending Dr. Hamid Shirvani, President of Mr. Speaker, the arts are an important part every other man and woman whose name the California State University, Stanislaus, for of America’s cultural fabric, and student cre- graces the National Peace Officers Memorial his numerous years of selfless service to the ativity should always be encouraged. There- Wall of Honor. education of our community. fore, I congratulate Marisha Lozada for her

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.023 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E795 passion and dedication to the arts, which is lation to create the U.S. Department of Agri- I urge my colleagues to join me in thanking evident in her accomplishment. culture. Today, exactly 150 years later, Lincoln Norm Neiss for the tireless efforts he so gra- f would be proud of how the USDA touches al- ciously has given over the past 50 years and most every aspect of our daily lives. The to recognize the tremendous contributions he CELEBRATING THE 50TH ANNIVER- USDA not only protects and strengthens our has made to the Mantua community and the SARY OF THE LOGAN SQUARE rich agricultural tradition, but it also supports nation. NEIGHBORHOOD ASSOCIATION nutrition programs, promotes and develops f rural housing, utilities and businesses, food HON. LUIS V. GUTIERREZ safety, animal health, natural resource con- PERSONAL EXPLANATION OF ILLINOIS servation, reduces our dependence on foreign IN THE HOUSE OF REPRESENTATIVES oil and much, much more. Because of the HON. GREGORY W. MEEKS Tuesday, May 15, 2012 USDA, rural communities have affordable OF NEW YORK Mr. GUTIERREZ. Mr. Speaker, I rise in electricity and broadband; poor children are IN THE HOUSE OF REPRESENTATIVES able to eat a nutritious meal every day through honor of the Logan Square Neighborhood As- Tuesday, May 15, 2012 sociation in Chicago, Illinois and wish to con- the School Lunch Programs, and we lead the gratulate them for their 50 years of committed world in agriculture exports. Mr. MEEKS. Mr. Speaker, on rollcall No. community service. Their visionary leadership, My district in South Texas has benefited 240, Holt of N.J. Amendment to H.R. 5326, I strategic partnerships and compassionate greatly from the work of the USDA. From pro- inadvertently missed the vote. dedication to our community has made a real viding assistance to rural farmers, to bio- Had I been present, I would have voted and lasting difference in the lives of the resi- technology research that works to develop ‘‘yes.’’ dents of Logan Square and the Chicagoland drought resistant crops, to developing and up- f grading our aging water treatment systems, area. CONGRATULATORY REMARKS FOR Since 1962, the Logan Square Neighbor- the USDA is a vital partner in keeping south OBTAINING THE RANK OF EAGLE hood Association has dedicated the last five Texas moving forward. That is why I am hon- SCOUT decades to building a healthy community by ored to extend my thanks and congratulations directly serving thousands of residents each to Secretary Vilsack and the thousands of year and impacting the lives of tens of thou- people at the USDA for their tireless service. HON. SANDY ADAMS sands more with nationally-recognized pro- f OF FLORIDA grams in education, housing, immigration, HONORING NORM NEISS FOR HIS IN THE HOUSE OF REPRESENTATIVES health and the arts. The Logan Square neigh- MORE THAN 50 YEARS OF SERV- Tuesday, May 15, 2012 borhood has benefitted greatly from the Asso- ICE TO HIS COMMUNITY ciation’s commitment to change and commu- Mrs. ADAMS. Mr. Speaker, I would like to nity involvement. congratulate Bryan A. Rivera-Bruno for achiev- Among the Logan Square Neighborhood As- HON. GERALD E. CONNOLLY ing the rank of Eagle Scout. sociation’s many accomplishments are Parent OF VIRGINIA Throughout the history of the Boy Scouts of Mentoring programs that help students, teach- IN THE HOUSE OF REPRESENTATIVES America, the rank of Eagle Scout has only ers and families bridge cultural differences be- Tuesday, May 15, 2012 been attained through dedication to concepts tween immigrants’ homes and the schools Mr. CONNOLLY of Virginia. Mr. Speaker, I such as honor, duty, country and charity. By their children attend, creating a new approach rise today to recognize Mr. Norm Neiss for the applying these concepts to daily life, Bryan to parent engagement in schools. By more than 50 years of service he has given to has proven his true and complete under- partnering with local schools, the Association the Mantua community in Virginia. standing of their meanings, and thereby de- established Community Learning Centers that Mr. Neiss dedicated his life to serving the serves this honor. allow elementary schools to provide conven- nation, spending more than 29 years in the I offer my congratulations on a job well done ient, evening continuing education and phys- United States Navy as a naval aviator. He re- and best wishes for the future. ical activities. The Association partnered with tired from the Navy in 1974, but his service to f community organizations to banish slumlords, our country continued through his dedication HONORING THE 90TH BIRTHDAY OF ending unethical practices and helping make to his community. affordable rental housing available to families. Mr. Neiss moved to Virginia in 1965 and MR. STEVEN MEYER Their home ownership programs have helped has been an active member of the community more than 100 moderate-income families pur- ever since. He was the Chabad Lubavich HON. BRAD MILLER chase their first home and led to the first Temple Liason, and he was a volunteer for the OF NORTH CAROLINA homeownership program for teachers that was New Covenant Committee, the Architectural IN THE HOUSE OF REPRESENTATIVES adopted by the Chicago Board of Education. and Environmental Review Committee, the Tuesday, May 15, 2012 The Logan Square Neighborhood Association District Planning Commission, the Fairfax Fed- has also developed programs focusing on liv- eration, and the Fairfax County Citizen Emer- Mr. MILLER of North Carolina. Mr. Speaker, ing wage jobs which helped to create more gency Response Team’s medical corps. In ad- I rise today to congratulate Steven Meyer on than 1,400 permanent, living wage jobs in the dition to generously donating his time as a the occasion of his 90th birthday. Mr. Meyer is Logan Square community. member of these many community organiza- being honored by his family for the exceptional Because of their commitment to change and tions, Mr. Neiss served in a number of local life he has led and for his many accomplish- to improving the Logan Square community, it leadership positions, heading the Providence ments in both the professional and personal makes me proud to have the Logan Square District Council, heading the Mantua Neighbor- realms. Neighborhood Association serve the residents hood Watch, and serving as the President of Born in Moers, Germany in 1922, Mr. Meyer of the 4th Congressional District. It is with the Mantua Community Association. fled the Nazi Occupation with his family in great honor that I commend the Logan Square Mr. Neiss never sought recognition for his 1939 and settled in New York, New York. Neighborhood Association for their 50 years of many efforts in the many organizations in Drafted by the Army in 1943, Mr. Meyer effectively serving our community. I wish them which he so graciously gave of his time. Nev- served with the Army Corps of Engineers in continued success. ertheless, his neighbors noticed his dedication the European Theater of Operations. During f and the shining example that he set. They his military career he worked as a planner for HONORING THE 150TH nominated Mr. Neiss as the 2012 Fairfax Fed- the D-Day invasion of Normandy, and while in ANNIVERSARY OF THE USDA eration of Citizens Associations Citizen of the the service Mr. Meyer gained his American Year. The Federation represents the home- citizenship. Following the war, Mr. Meyer had HON. RUBE´N HINOJOSA owners, civic, and citizen associations for Fair- a 30-year career as a contract manager with fax County’s more than 1 million residents. Koppers Company in Pittsburgh, PA. While in OF TEXAS Further, in recognition of his tireless service, Pittsburgh, he earned his degree in Mechan- IN THE HOUSE OF REPRESENTATIVES Mr. Neiss was selected to be the Grand Mar- ical Engineering from Carnegie Tech, now Tuesday, May 15, 2012 shall for the 2012 Mantua Parade on June 9th. Carnegie Mellon. He raised two sons, Robert Mr. HINOJOSA. Mr. Speaker, on May 15, Mr. Neiss’ life-long dedication to serving his and Andrew, with his late wife Mrs. Irma 1862, President Abraham Lincoln signed legis- community is a wonderful example for us all. Meyer, and has four grandchildren.

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.027 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E796 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 Mr. Meyer is an upstanding member of his believe that an appreciation of other cultures one of the watch commanders that stood up community and a model citizen. During their and religions is what makes our country great. the nation’s Blue Force Tracking Missions years in Pittsburgh, Mr. Meyer and his wife I am proud to celebrate Jewish American Her- Management Center during Operation Endur- participated in the Council for International itage Month and the wonderful contributions ing Freedom. This experience and background Visitors, a program that helped recent arrivals the Jewish community has made throughout led to his selection as Individual Mobilization to the United States acclimate to the local our Nation’s history. Augmentee to the Chief, Space and Missile community, often hosting dinners at their f Programs, Air Force Legislative Liaison, advo- home for visiting professors and cating for space and missile programs to Con- businesspeople from around the world. Mr. HONORING COLONEL PETER B. gress. Col. Trainer worked extensively with Meyer was also active in SHARE, the South TRAINER AFTER 30 YEARS OF our colleagues on the House Armed Services Hills Association for Racial Equality, and par- SERVICE WITH THE UNITED Committee Strategic Forces Sub-Committee, ticipated in many community Holocaust com- STATES AIR FORCE developing great rapport with former mem- memorations. Following Mrs. Meyer’s passing bers, Rep. Terry Everett and Rep. Ellen Tau- in 2006, Mr. Meyer, together with his sons, en- HON. GERALD E. CONNOLLY scher. His dedication and success in sup- dowed the Irma Meyer Memorial Lecture Se- OF VIRGINIA porting numerous projects, including the un- ries at the West Penn Hospital in order to bet- IN THE HOUSE OF REPRESENTATIVES veiling of the Operational Responsive Space ter educate health care providers about end- Tuesday, May 15, 2012 Concept to Congress, led to his selection as of-life issues. the Legislative Liaison Reservist of the Year in Steven Meyer currently resides at the Ra- Mr. CONNOLLY of Virginia. Mr. Speaker, I 2006. leigh, N.C. Heritage Raleigh Brookdale Senior rise today to recognize and pay tribute to Perhaps the most challenging assignment Living community in my congressional district, Colonel Peter B. Trainer on the occasion of was his final one as Individual Mobilization where he has assumed an active leadership his retirement from the United States Air Augmentee to the Director, National Recon- role. He has thrice been elected president of Force. naissance Office, where he serves as the sen- the resident’s council, and serves on various Colonel Trainer’s professional achievements ior reserve officer supporting the NRO and all committees. In his retirement, Mr. Meyer has are numerous and I know he would be the first associated Space activities. In this position, he discovered a latent talent for painting and re- to acknowledge that none of them would have leads 60 total force professionals and aids the discovered his love for playing the piano. His been possible without the support of his wife Director in the NRO’s interaction with signifi- paintings have been exhibited at Raleigh City and family. Colonel Trainer’s parents set the cant mission partners including the Director for Hall, and he often given piano recitals for fel- example of service as his father, Lt. Colonel National Intelligence, National Security Agen- low residents at the Heritage. Thomas R. Trainer, retired after a distin- cy, National Geospatial-Intelligence Agency, Mr. Speaker and distinguished colleagues, I guished career in the Air Force. Air Force Space Command, Strategic Com- ask you to join me in wishing Steven Meyer a He began his distinguished career in 1982 mand and other Combatant Commanders. In happy birthday and best wishes for continued when he received his commission through 2010, the Air Force Reserve recognized Col. health and happiness. ROTC at The Citadel in Charleston, South Trainer’s performance by selecting him to its f Carolina. From there, he proceeded on to nu- Reserve Brigadier General Qualification List. merous important assignments. After com- Colonel Trainer has excelled throughout his JEWISH AMERICAN HERITAGE pleting the Space Operations Officer Course MONTH distinguished career and I am honored to pay at Lowry AFB, Colorado, he was assigned as tribute to this Airman. Mr. Speaker, I ask my HON. LAURA RICHARDSON a Satellite System Controller and later Assist- colleagues to join me in thanking Colonel Pete ant Chief, Satellite Mission Planning Branch, Trainer, his wife, Melanie, and their son, Nick, OF CALIFORNIA Defense Meteorological Satellite Program IN THE HOUSE OF REPRESENTATIVES for their service to our country. I wish them (DMSP), Offutt AFB, Nebraska. In 1986, he Godspeed, and continued happiness as they Tuesday, May 15, 2012 was assigned as the Chief of Satellite Oper- start a new chapter in their lives. ations, Space Systems Division Los Angeles Ms. RICHARDSON. Mr. Speaker, I rise f today to recognize May as Jewish American AFB, California where Colonel Trainer was re- Heritage Month. Jewish community has been sponsible for all command and control activi- SIDLEY AUSTIN LLP’S LOBBYING a vibrant presence in America for over 350 ties of the launch and early orbit checkout for FOR CHINESE TELECOM FIRM years and contributed greatly to American his- two DMSP satellites. Colonel Trainer was then HUAWEI tory and culture. The Jewish community has selected for special duty as an Air Force Re- tirelessly worked to promote issues that affect cruiter and served as the Chief of Operations HON. FRANK R. WOLF all Americans, not just members of their own for the 3514th Recruiting Squadron, McGuire OF VIRGINIA community. With a strong commitment to phi- AFB, New Jersey, where he was responsible IN THE HOUSE OF REPRESENTATIVES for Air Force accessions in an area that in- lanthropy, education, and human and civil Tuesday, May 15, 2012 rights, Jewish Americans have helped shape cluded New York City, New Jersey and Eu- the United States into the beacon of hope and rope. In 1993, Colonel Trainer was assigned Mr. WOLF. Mr. Speaker, I submit my recent equality that it is today. to Headquarters, U.S. Space Command where correspondence with Mr. Carter G. Phillips, Approximately five million of the world’s thir- he qualified as a Space Surveillance Center managing partner for Sidley Austin LLP, re- teen million Jews live in the United States, Commander in the Cheyenne Mountain Oper- garding the firm’s representation of Chinese constituting roughly two percent of the national ations Center. He was subsequently selected telecom firm Huawei. As noted in the letters, population. Despite these relatively small num- to become Chief of the Space Surveillance the U.S. national security community has seri- bers, the Jewish community has made a sub- Section where he was a key player in the ous concerns with Huawei’s connections to stantial impact on protecting America’s prom- command’s Space Control Mission. the People’s Liberation Army and Chinese in- ise of equality. Generations of Jewish Ameri- In 1995, Colonel Trainer transitioned to his telligence. cans have pioneered workers’ and civil rights, present status as a USAF Reserve Officer Equally troubling is Huawei’s well-docu- fought honorably in our armed forces, and where he was chosen by U.S. Space Com- mented history of supporting America’s great- served as a strong model for women’s equal- mand Director for Operations to be the first est adversaries—some of the most repressive ity. Space Command Intern to the National Sig- and brutal regimes in modern history—includ- As we enter into the month of May, we nals Intelligence Committee. Col. Trainer ing the Taliban regime in Afghanistan, Sad- should also recognize the 64th anniversary of helped to shepherd in a new era of coopera- dam Hussein regime in Iraq and the current Israel’s founding in May of 1948. The United tion between Space Command and the Na- regime in Iran. States has always maintained a strong rela- tional Reconnaissance Office. His successes Today, through Huawei, China exports its tionship with Israel and has respected Israel’s continued as he later served as Chief, Space repressive technologies to likeminded govern- commitment to democracy and its resilience in Exploitation and Integration Branch at U.S. ments. An October 27, 2011, Wall Street Jour- the face of constant adversity. The Jewish Strategic Command, where he played an inte- nal piece reported that the Chinese telecom community has played an important role in gral role in bringing tactical space capabilities, giant Huawei ‘‘now dominates Iran’s govern- fostering this relationship. including ‘‘Blue Force Tracking’’ to our com- ment-controlled mobile-phone industry . . . it Mr. Speaker, as a representative of one of batant forces. Following the attacks of Sep- plays a role in enabling Iran’s state security the most diverse districts in the Nation, I firmly tember 11, 2001, Colonel Trainer served as network.’’

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.030 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E797 Respected national security reporter Bill agencies could insert digital trapdoors into Although Huawei generally dismisses all Gertz also recently reported that Huawei has Huawei’s technology that would serve as se- legitimate criticisms of its ties to the Chi- also been ‘‘linked to sanctions-busting in Sad- cret listening posts in the U.S. communica- nese government as ‘‘tired disinformation,’’ I tions network. In 2010, then-Commerce Sec- thought you should be aware that just last dam Hussein’s Iraq during the 1990s, when retary Locke called Sprint CEO Dan Hesse to week the House Armed Services Committee the company helped network Iraqi air de- raise concerns about Huawei, which ulti- singled out the threat from Huawei by name fenses at a time when U.S. and allied jets mately resulted in Sprint choosing not to in its FY 2013 National Defense Authoriza- were flying patrols to enforce a no-fly zone. use Huawei equipment. tion Act. The company also worked with the Taliban These moves should not be surprising given According to the committee report, the during its short reign in Afghanistan to install Huawei’s long-documented deep ties to the committee is concerned about the supply chain threat from Chinese telecom firms, a phone system in Kabul.’’ Chinese government and the Peoples Libera- tion Army. According to a 2005 report by the ‘‘specifically Huawei and ZTE Corporation, For these reasons, I also wrote to Ms. have been, and are likely to continue to pro- Samantha Power, the director for multilateral RAND Corporation, ‘‘both the [Chinese] gov- ernment and the military tout Huawei as a vide billions of dollars in Chinese Govern- affairs on the National Security Council at the national champion,’’ and ‘‘one does not need ment support. The report also stated that these firms have been blocked from certain White House. I also submit this letter for the to dig too deeply to discover that [many Chi- deals with U.S. firms because of national se- RECORD. Given Huawei’s troubling activities in nese information technology and tele- curity concerns.’’ I have enclosed a copy of communications firms] are the public face Iran, I urged Ms. Power, in her capacity as this section from the report for your ref- for, sprang from, or are significantly engaged chair of the newly-created Atrocities Preven- erence. There should be no question that the tion Board, to consider whether the company in joint research with state research insti- national security community actively con- should be sanctioned. tutes under the Ministry of Information In- siders Huawei a serious concern. It is inconceivable to me that a respected dustry, defense-industrial corporations, or Perhaps this is due, in part, to Huawei’s the military.’’ longstanding history of supporting Amer- law firm like Sidley Austin would represent a The U.S. business community also is con- Chinese state-directed company like Huawei, ica’s greatest adversaries—some of the most cerned about Huawei. On April 6, The Wall repressive and brutal regimes in modern his- given the significant national security concerns Street Journal reported that ‘‘Cisco Systems tory—including the Taliban regime in Af- as well as its appalling record of supporting Inc. Chief Executive John Chambers identi- ghanistan, Saddam Hussein regime in Iraq some of the world’s worst regimes. fied Huawei Technologies Co. as its toughest and the current regime in Iran. HOUSE OF REPRESENTATIVES, rival, stating that the Chinese company Through Huawei, China exports its repres- Washington, DC, April 25, 2012. doesn’t always ‘play by the rules’ in areas sive technologies to likeminded govern- Mr. CARTER G. PHILLIPS, such as intellectual property protection and ments. An October 27, 2011, Wall Street Jour- Managing Partner, Sidley Austin LLP, Wash- computer security . . . he suggested that, nal piece reported that the Chinese telecom ington DC. [unlike Huawei], Cisco is considered trust- giant Huawei ‘‘now dominates Iran’s govern- ment-controlled mobile-phone industry . . . DEAR MR. PHILLIPS: It has recently come worthy by governments around the world.’’ to my attention that a lobbyist with your It’s not just Huawei’s longstanding and it plays a role in enabling Iran’s state secu- rity network.’’ firm has been retained by the Chinese close connections to Chinese intelligence Respected national security reporter Bill telecom firm Huawei to lobby Congress and that is troubling. Huawei has also been a leading supplier of critical telecom services Gertz also recently reported that Huawei has the administration. also been ‘‘linked to sanctions-busting in Given the longstanding and serious con- to some of the worst regimes around the world. Last year, The Wall Street Journal Saddam Hussein’s Iraq during the 1990s, cerns from senior officials in the U.S. intel- when the company helped network Iraqi air ligence and defense communities, as well as reported that Huawei ‘‘now dominates Iran’s government-controlled mobile-phone indus- defenses at a time when U.S. and allied jets the Congress, about Huawei’s connections to were flying patrols to enforce a no-fly zone. the Peoples’ Liberation Army and the poten- try . . . it plays a role in enabling Iran’s state security network.’’ And given the The company also worked with the Taliban tial vulnerabilities of its telecom products, I during its short reign in Afghanistan to in- was surprised that a firm of your caliber president’s April 23 executive order address- ing entities that are providing Iran and stall a phone system in Kabul.’’ I have also would agree to represent a company that is enclosed a copy of this article. Syria with technologies to repress their peo- so closely connected to the Chinese govern- How can an American firm like Sidley Aus- ment. ple, I would think representing Huawei tin represent a company that has provided In all my years in Washington, very rarely would give you further pause. our enemies with equipment? How does have I seen the leadership of defense, intel- For these reasons, I urge you to reconsider Sidley Austin reconcile working for a com- ligence and civilian agencies come together your firm’s relationship with Huawei. I pany that is empowering the world’s worst in such a concerted effort to warn of a secu- think you would agree that Sidley Austin’s governments to monitor and repress their rity threat from a foreign entity. When the reputation and integrity is worth far more own people? Certainly this must give you White House, intelligence community, De- than its contract with a state-directed com- pause. fense Department and the Commerce Depart- pany like Huawei. Huawei is believed to receive billions of ment all have worked to block Huawei from Best wishes. dollars in subsidies and assistance from the gaining greater access to U.S. networks, ev- Sincerely, Chinese government—the same government eryone should take notice. FRANK R. WOLF, that is an equal opportunity oppressor of Just last month, during a hearing before Member of Congress. people of faith. Catholic bishops, Protestant the House Commerce-Justice-Science (CJS) house church leaders and Tibetan Buddhist Appropriations subcommittee, which I chair, SIDLEY AUSTIN LLP, monks and nuns are routinely harassed, im- Secretary of Commerce John Bryson noted Washington, DC, April 27, 2012. prisoned and placed under house arrest. that the ‘‘Commerce Department has been Re Huawei China maintains an extensive system of very focused on Huawei.’’ Hon. FRANK R. WOLF, slave labor camps as large as that which ex- Secretary Bryson told the panel ‘‘I think Chairman, Commerce-Justice-Science Sub- isted in the former Soviet Union. The 2010 Nobel Prize recipient Liu Xiaobo you’re right in characterizing that as a con- committee, Washington, DC. still languishes in prison to this day. China’s siderable challenge to our country. It ap- DEAR CONGRESSMAN WOLF: Thank you for abysmal human rights record has been pears that Huawei has capabilities that we your letter of April 25, 2012. We understand thrust into the international spotlight with your concerns and appreciate your bringing may not fully detect to divert information. the courageous escape last week of Chen them to the firm’s attention. It’s a challenge to our country . . . we have Guangcheng, the blind lawyer activist who, Sincerely, taken some steps to not have Huawei ad- after serving several years in prison on vance yet further in our country but the re- CARTER G. PHILLIPS, trumped up charges, had been confined to a ality is in the market—they are advancing Managing Partner. virtual prison in his home. further so we need to address that further.’’ According to your Web site, Sidley Aus- Also noteworthy is that shortly after Sec- HOUSE OF REPRESENTATIVES, tin’s mission is ‘‘to adhere to the highest retary Bryson’s testimony before the CJS Washington, DC, April 30, 2012. ethical standards.’’ Representing a firm with subcommittee, Australia announced that is Mr. CARTER G. PHILLIPS, Huawei’s record certainly doesn’t live up to has banned Huawei from bidding to help Managing Partner, Sidley Austin LLP, Wash- your stated mission. build a nationwide high-speed Internet net- ington, DC. Again, I urge you to reconsider your firm’s work due to concern about cyber attacks DEAR MR. PHILLIPS: Last week, I wrote you representation of Huawei, Rest assured, I traced to China. Australia’s actions follow sharing concerns about your firm’s represen- will continue to inform my colleagues of several similar moves by the U.S. govern- tation of Chinese telecom firm Huawei. This Huawei’s unrepentant record of supporting ment to block Huawei access to American company is of great concern to the U.S. na- some of the world’s most brutal regimes— networks. tional security community due to its well- and America’s greatest adversaries—and the In 2009, The Washington Post reported that documented ties to the People’s Liberation U.S. national security community’s contin- the National Security Agency ‘‘called AT&T Army and continued questions about the in- ued concern about their threat to our supply because of fears that China’s intelligence tegrity of its products. chain.

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A15MY8.032 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E798 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 Best wishes. My reason for writing is two-fold. I noted Since it was established in 1934, the Ex-Im Sincerely, with interest President Obama’s recent exec- Bank has helped to support American exports FRANK R. WOLF, utive order authorizing sanctions and visa by providing loan guarantees, working capital Member of Congress. bans against those who commit or facilitate grave human rights abuses by means of fa- guarantees, export credit insurance, and direct OTHER DEFENSE ACTIVITIES loans to American companies and foreign REVIEW OF THE SUPPLY CHAIN SECURITY AND cilitating information technology capabili- ties in Syria and Iran. It is my under- businesses that purchase American products. INTEGRITY OF THE NUCLEAR WEAPONS COMPLEX standing that the sanctions are intended to The Ex-Im Bank has supported more than The committee is concerned by the find- impact not just the regimes in question, but $450 billion of U.S. exports since its inception. ings of the Government Accountability Of- the companies that enable them by providing fice (GAO) in its report, ‘‘IT Supply Chain: Over the last 5 years the Ex-Im bank has technology which is ultimately used to op- National Security-Related Agencies Need to supported 11,000 transactions and $65.5 bil- press and brutalize the citizens of these Better Address Risks’’ (GA0–12–361). The re- lion, supporting American jobs and American lands. This executive order is an important port stated that, ‘‘Although four national se- businesses in more than 2,000 communities first step, but I respectfully urge the admin- curity-related departments—the Depart- istration to broaden the scope to include nationwide. ments of Energy, Homeland Security, Jus- countries such as China which has a long and Since 2007, in my home state of Georgia, tice, and Defense—have acknowledged these well-established track record of using tech- the Ex-Im Bank has supported the trading ac- threats, two of the departments—Energy and nology to repress and even imprison its citi- tivities of 129 companies, 60 percent of which Homeland Security—have not yet defined zens. supply chain protection measures for depart- were small businesses—supporting over $2 Further, I urge the administration to ex- billion dollars in total export sales. ment information systems and are not in a amine whether Huawei Technologies, a Chi- position to have implementing procedures or In my district over the same time period, the nese telecom firm with deep connections to monitoring capabilities to verify compliance Ex-Im Bank has assisted 16 companies—in- the People’s Liberation Army (PLA) and Chi- with and effectiveness of any such meas- nese intelligence, should be among the com- cluding nine small businesses and four minor- ures.’’ ity-owned businesses—supporting more than The committee is also aware that its ‘‘2011 panies sanctioned under this new executive order. As you may know, Huawei has been a $270 million dollars in total export sales. Report to Congress,’’ the U.S.-China Eco- John Chihade, Vice President of Chihade nomic and Security Review Commission de- leading supplier of critical telecom services tailed specific supply chain threats origi- to some of the worst regimes around the International, a small business in my district, nating from firms linked to the Government world, including Iran. On October 27, 2011, told my office, quote, of the People’s Republic of China. These the Wall Street Journal reported that ‘‘Without the Ex-Im Bank I would not have firms, specifically Huawei and ZTE Corpora- Huawei ‘‘now dominates Iran’s government- been able to get the line of credit that I cur- tion, have been, and are likely to continue to controlled mobile-phone industry . . . it rently have. With the SBA my line of credit provide billions of dollars in Chinese Govern- plays a role in enabling Iran’s state security was $5 million, but with the support of the ment support. The report also stated that network.’’ The article continued, ‘‘This year Ex-Im Bank I am now up to $71⁄2 million. these firms have been blocked from certain Huawei made a pitch to Iranian government This has allowed me to really grow my busi- deals with U.S. firms because of national se- officials to sell equipment for a mobile news ness. I’ve gone from 3 employees to 42 em- curity concerns. service on Iran’s second-large mobile-phone ployees in 4 years.’’ operator, MTN Irancell. According to a per- The committee is concerned by these de- Because of the Ex-Im Bank’s support for Mr. velopments as well and the information tech- son who attended the meeting, Huawei rep- nology (IT) chain problems reported by GAO. resentatives emphasized that, being from Chihade’s company, not only was he able to Therefore, the committee directs the Sec- China, they had expertise censoring the sustain his business during the worst eco- retary of Energy, in consultation with the news.’’ nomic recession in America’s history, but he National Counter Intelligence Executive, to You may be aware that Huawei’s actions in was able to grow his business and create provide a report to the congressional defense Iran appear to be consistent with its prac- jobs. committees by August 31, 2012, on the supply tice, Over many years, of doing business with In Fiscal Year 2011, the Ex-Im Bank pro- chain risks to the Department of Energy. rogue regimes. In a March 13, 2012 Wash- vided $6 billion in financing and insurance to ington Free Beacon piece, respected national The report should address the following: (1) American small businesses and has set a goal IT supply chain vulnerabilities of the De- security reporter, Bill Gertz, wrote, ‘‘Huawei partment of Energy, with special attention has been linked to sanctions-busting in Sad- of providing $9 billion annually, adding 5,000 paid to the laboratories and plants of the na- dam Hussein’s Iraq during the 1990s, when new businesses to its portfolio by 2015. tional nuclear weapons enterprise; (2) Evalu- the company helped network Iraqi air de- These 5,000 new businesses will be better ate whether the Department of Energy, or fenses at a time when U.S. and allied jets able to sell goods in the global market place any its major contractors, have a supply were flying patrols to enforce a no-fly zone. and expand their enterprises, creating jobs chain that includes technology produced by The company also worked with the Taliban and opportunity while strengthening and ex- Huawei or ZTE Corporation; and (3) A plan during its short reign in Afghanistan to in- panding America’s global commercial reach. for implementation of the recommendations stall a phone system in Kabul.’’ It’s no wonder that the Ex-Im Bank plays of the GAO report referenced above. While there have been initial news reports Finally, the committee is aware that sec- suggesting that Huawei, in the face of public such a key role in the President’s National Ex- tion 806 of the Ike Skelton National Defense scrutiny and criticism, may be scaling back port Initiative, a plan to double U.S. exports in Authorization Act for Fiscal Year 2011 (Pub- its operations in Iran, the Wall Street Jour- five years to support 2 million jobs in the lic Law 111–383) provided the Department of nal also reported on December 10, 2011, that United States. Defense the authority to protect its supply ‘‘Huawei, which has about 1,000 employees in Our work to reauthorize the Ex-Im Bank is chain. The committee is also aware that sec- Iran, said it plans to continue servicing its a rare example of effective government in this tion 309 of the Intelligence Authorization existing Iranian contracts.’’ House, and I have to commend my col- Act for Fiscal Year 2012 (Public Law 112–87) In light of these realities, I respectfully re- leagues, the Majority Leader and the Minority provided the intelligence community similar quest that the newly created Atrocities Pre- authority. The committee further directs the vention Board to take up these matters at Whip, for working so hard to make sure this Secretary of Energy to include in the report the earliest possible time. I look forward to key priority of the Obama Administration is an assessment of any concerns may have your prompt response. passed. My colleagues have not only recog- about providing similar authority in order to Best wishes. nized the need to reauthorize the Ex-Im Bank, protect the Department of Energy’s IT sup- Sincerely, but also the need for improvements to ensure ply chain. FRANK R. WOLF, the long term success of the Bank. Member of Congress. The provision that directs the Secretary of HOUSE OF REPRESENTATIVES, f the Treasury to look at the impact of the Washington, DC, May 8, 2012. Ms. SAMANTHA POWER, EXPORT-IMPORT BANK Bank’s activities on private competition will Director For Multilateral Affairs, National Se- REAUTHORIZATION ACT OF 2012 provide the Ex-Im Bank and Congress with the curity Council, Washington DC 20500 information that is needed to ensure that the DEAR MS. POWER, I write regarding the ad- SPEECH OF Bank’s lending practices do not unintentionally ministration’s recently released initiative on HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. benefit one U.S. industry at the expense of atrocities prevention. As you know, this is another. OF GEORGIA an issue about which I care deeply and I am Also—and I think that most of my Repub- encouraged to see these matters prioritized. IN THE HOUSE OF REPRESENTATIVES lican colleagues will agree—the provision that Moving forward, it will be essential to ensure Wednesday, May 9, 2012 that these efforts don’t simply result in addi- raises the Ex-Im Bank’s lending cap by $40 tional monitoring, but rather are the impe- Mr. JOHNSON of Georgia. Mr. Speaker, billion is critically important to ensuring that tus for action in the face of grave human today I rise in support of H.R. 2072, the Ex- the U.S. can continue to support American ex- rights abuses. port-Import Reauthorization Act of 2012. porters by matching the unfair export financing

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.034 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E799 activities of foreign nations such as China, and Award for good business practices and philan- able incomes on food. By comparison, most other non-OECD member countries. thropy. European consumers spend more than double Re-authorizing the Ex-Im Bank is a win-win- As my colleagues and I well know, small that, and in developing counties, the percent- win. businesses are the economic engine of Amer- age is often as high as 50 percent. It is a win for American workers, American ica, and MicroTech is a shining example. In its USDA has played a vital role in the success businesses, and for the American taxpayers. 8 years of existence Mr. Jimenez has created of American agriculture. There is no doubt that Not one single tax payer dollar will be need- more than 400 jobs in 28 states. MicroTech is without assistance from USDA American agri- ed to re-authorize the Ex-Im Bank. a shining success story and clearly dem- culture would not be as strong as it is today. In fact, since 2005, the Ex-Im Bank has onstrates how a dedicated entrepreneur such With the support of Congress, USDA pro- generated more than $3.4 billion in profits that as Mr. Jimenez can turn an idea into a suc- vides a strong safety net for America’s farmers it has returned to the Treasury, including $700 cessful business employing hundreds of Amer- and ranchers to ensure the United States con- million in Fiscal Year 2011. icans while serving as a tremendous corporate tinues to be the world’s leader in agricultural With a less than 2 percent borrower default citizen in the community. production. USDA’s crop insurance insures rate since its inception, the Ex-Im Bank is, and Mr. Speaker, I urge my colleagues to join 264 million acres on about 500,000 farms. has been, a revenue generator for the Amer- me in recognizing the value that America’s Crop insurance has helped more than 325,000 ican taxpayer. small business leaders bring to our economy, farmers who lost crops due to natural disas- The Ex-Im Bank is a prime example of gov- and join me in congratulating Tony Jimenez ters over the past three years. ernment efficiency, and I for one am glad that for being named the SBCA Small Business I want to highlight USDA’s recent efforts in we could come to a bipartisan compromise Person of the Year. strengthening local and regional food systems. here in the House to re-authorize its charter, f For many years, I have advocated and worked and I strongly urge my Senate colleagues to to provide federal assistance in supporting do the same. PERSONAL EXPLANATION local food systems. Local food sales were val- Again Mr. Speaker, I support the re-author- ued at $4.8 billion in 2008 and are expected ization of the Export-Import Bank and urge my HON. MARTIN HEINRICH to grow in the coming years. We need to har- colleagues to support this legislation. OF NEW MEXICO vest this economic power to help create Amer- f IN THE HOUSE OF REPRESENTATIVES ican jobs and strengthen our local economies. The Know Your Farmer, Know Your Food Tuesday, May 15, 2012 CONGRATULATING TONY JIMENEZ (KYF) initiative represents a good first step in FOR BEING NAMED SMALL BUSI- Mr. HEINRICH. Mr. Speaker, I unfortunately using USDA’s programs to improve local food NESS PERSON OF THE YEAR missed four votes the afternoon of May 10, systems. KYF provides a one-stop shop for in- 2012, which included rollcall votes 246, 247, formation on more than 25 USDA programs HON. GERALD E. CONNOLLY 248 and 249. that could assist in developing and improving OF VIRGINIA If I had been present, I would have voted in local food systems, encourages much needed IN THE HOUSE OF REPRESENTATIVES favor of rollcall vote 246, the Democratic Mo- collaboration across agencies to reduce bu- tion to Recommit H.R. 5652. Tuesday, May 15, 2012 reaucratic barriers in supporting and expand- If I had been present, I would have voted ing marketing opportunities in local food mar- Mr. CONNOLLY of Virginia. Mr. Speaker, I against rollcall vote 247, Representative kets, and works to connect farmers directly to rise today to congratulate Tony Jimenez, RYAN’s (WI–1) bill, H.R. 5652. consumers, which helps increase the avail- President & CEO of MicroTech, for being If I had been present, I would have voted in ability of healthy nutritious foods. named the Small Business Person of the Year favor of rollcall vote 248, the Democratic Mo- KYF efforts have been hugely successful re- by the Small Business Council of America, or tion to Recommit H.R. 5326. lated to farmers’ markets. We have seen a 54 SBCA. MicroTech is an innovative technology Lastly, I would have voted against rollcall percent increase in the number of farmers’ company located in Vienna, Virginia started by vote 249, Representative WOLF’s (VA–10) bill, markets since 2008. Over 2,400 farmers’ mar- Mr. Jimenez in 2004. It provides a host of H.R. 5326. kets and farm stands are now authorized to technology services—including cyber security, f accept EBT, an increase of 51 percent over systems integration, and cloud computing—to last year. CELEBRATING THE U.S. DEPART- the commercial and public sectors, serving Mr. Speaker, while there are many chal- MENT OF AGRICULTURE’S 150TH more than half-a-million daily technology lenges still facing American agriculture, there ANNIVERSARY users. is no doubt in my mind that USDA is up to the The SBCA is a nationwide nonprofit rep- task. From my perspective, the future success resenting more than 20,000 businesses in the HON. MARCY KAPTUR of USDA and American agriculture will depend retail, service and manufacturing sectors. Ac- OF OHIO on our support for local food systems and cording to the SBCA, the criteria for the Small IN THE HOUSE OF REPRESENTATIVES other emerging markets such as the specialty Business Person of the Year award includes, Tuesday, May 15, 2012 crop market. ‘‘dedication to small business in America as I congratulate USDA for its 150th Anniver- evidenced through promotion of a climate fa- Ms. KAPTUR. Mr. Speaker, I rise today to sary and thank all the department’s employees vorable to free enterprise, promotion of a posi- congratulate the U.S. Department of Agri- for their service. culture (USDA) for its 150th year of service. tive image of American business through ex- f cellent business, civic or corporate leadership, President Abraham Lincoln established USDA [and] leadership in advancing the interest of 150 years ago today in 1862. HONORING JOHN F. MURPHY small business in America.’’ American agriculture has been the second HOMES During its short history MicroTech has won most productive sector of our nation’s econ- a number of awards from a host of organiza- omy in the past decade. United States farm in- HON. MICHAEL H. MICHAUD tions. Just a few of the many recognitions in- come is forecast at $91.7 billion in 2012, the OF MAINE clude: the Red Herring Global 100, which rec- second highest on record. Agriculture now ac- IN THE HOUSE OF REPRESENTATIVES ognizes the most innovative tech companies in counts for 1 in 12 jobs in the United States. the world; the AFFIRM Award which recog- United States agricultural exports have been Tuesday, May 15, 2012 nizes the top 100 most influential Hispanics in particularly strong. Exports reached record lev- Mr. MICHAUD. Mr. Speaker, I rise today to IT; the U.S. Chamber of Commerce ‘‘Blue Rib- els in fiscal year 2011 of $137.4 billion. This recognize John F. Murphy Homes of Auburn, bon Small Business;’’ and the CRN Number 1 level supported 1.15 million jobs here at home Maine on the occasion of its 35th anniversary. Fastest Growing Solutions Provider. and contributed to a trade surplus of $42.7 bil- John G. Murphy was one of Maine’s fore- In addition to being an award-winning busi- lion in agriculture. Agriculture is one of the few most advocates on behalf of the develop- ness professional, Mr. Jimenez is dedicated to sectors that the United States has consistently mentally disabled. In 1954, Mr. Murphy used giving back to the community and he was had a trade surplus. his standing on the Lewiston Board of Finance named a Top CEO Philanthropist; received American farmers and ranchers provide us to open the Garcelon School as an edu- recognition from the Washington Business with 86 percent of the food we consume. This cational facility for mentally retarded children. Journal for top-privately-held corporate philan- efficiency results in American consumers After his passing in February of 1976, mem- thropist; and received the USHAA Bravo spending less than 10 percent of their dispos- bers of the Lewiston Auburn Association for

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.036 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E800 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 the Mentally Retarded formed a foundation in Works Progress Administration should serve Vasiliki, who continue to run the Monocle Mr. Murphy’s honor to continue his work. as a reminder of the resources that would today and provide the same friendly and wel- On May 18, 1977, the John F. Murphy have been lost but for USDA leadership. Be- coming environment to all who step through Foundation for the Mentally Retarded was offi- fore we had comprehensive agricultural con- the door. cially established with the mission to provide servation programs, cubic miles of prime soils The ancient Greek statesman Pericles said: housing for individuals with developmental dis- were being lost throughout the South and Mid- ‘‘What you leave behind is not what is en- abilities. In March of 1978, they opened their west to erosion from wind and rain. The USDA graved in monuments of stone but what is first home at 23 Pleasant St. in Lewiston for pioneered soil conservation methods which woven into the lives of others.’’ Connie 6 people. Today, the agency provides direct ensured that these regions would remain pro- Valanos leaves behind a legacy not only of a support to hundreds of Mainers and their fami- ductive for generations to come. Building on restaurant but also of the countless ways in lies, employs more than 700 people in the that early success, USDA conservation pro- which he made that restaurant a place where greater Lewiston-Auburn area, and generates grams are responsible for reducing agricultural leaders come together to hash out the agree- millions of dollars in local economic activity. pollution entering the Chesapeake Bay and ments that help make our Nation great and John F. Murphy Homes has helped to raise other estuaries, ensuring that Americans can improve lives around the world. The Monocle, awareness about intellectual disabilities and enjoy productive fisheries as well as produc- as former Vice President and regular patron the need for group care facilities. The organi- tive agricultural lands. Walter Mondale once noted, is ‘‘where laws zation’s remarkable success is owed to the In an era where government is disparaged are debated, where policies are set, and outstanding vision of its founders and the tire- all too frequently, the USDA is a shining ex- where the course of world history is changed.’’ less work of its employees. In January, John ample of the benefits of federal service. We That is Connie’s lasting legacy. F. Murphy Homes received a $1.7 million never could have become the most powerful, I join in celebrating Connie’s life and in of- grant from the Department of Housing and prosperous nation on earth without the agency fering my condolences to his wife Judith, his Urban Development to continue their important which worked with farmers to feed our armies children, John and George, his three grand- work. and our workforce, and to conserve those nat- children, and the entire Valanos family. John F. Murphy’s example has truly made ural resources that we will rely on for the next f the Lewiston-Auburn community a better place 150 years. RECOGNIZING JESSIE ‘‘DINK’’ for the mentally retarded. f Mr. Speaker, please join me in congratu- HOSMAN lating the John F. Murphy Homes on achieving REMEMBERING CONSTANTINE G. 35 years of exemplary service to the Lewiston- VALANOS HON. BILLY LONG Auburn community. OF MISSOURI f HON. STENY H. HOYER IN THE HOUSE OF REPRESENTATIVES OF MARYLAND RECOGNIZING THE USDA FOR 150 Tuesday, May 15, 2012 IN THE HOUSE OF REPRESENTATIVES YEARS OF SERVICE Mr. LONG. Mr. Speaker, I rise today to rec- Tuesday, May 15, 2012 ognize and honor the 91st birthday of Jessie HON. GERALD E. CONNOLLY Mr. HOYER. Mr. Speaker, I doubt there is a C. ‘‘Dink’’ Hosman who was born June 3, OF VIRGINIA single member of this House or the Senate 1921, and grew up in the Willard, Missouri IN THE HOUSE OF REPRESENTATIVES who has never set foot inside the Monocle on area. D Street. Just steps from the Capitol, the Mon- During World War II, Technician Fifth Grade Tuesday, May 15, 2012 ocle has been a political institution as much as Hosman was in Company B, 1st Battalion, Mr. CONNOLLY of Virginia. Mr. Speaker, I it has been a warm and welcoming restaurant. White Combat Team, which fought all over rise to salute the United States Department of Its tables have long been set with a spirit of Burma with ‘‘Merrill’s Marauders’’. T/5 Hosman Agriculture (USDA) and its dedicated employ- friendship that transcends party; they have fought through some of the harshest condi- ees for 150 years of service to America. By been host to meetings and discussions on tions of the war where the enemy was often working with farmers across America, the nearly every issue of national importance. The less of a concern than malaria, deadly Mite USDA has built the most productive, efficient Monocle has been a place of agreement, often Typhus, Amoebic Dysentery, and malnutrition. agricultural economy on earth. It has rescued at times when disagreement divided us in this T/5 Hosman spent two years in the jungle and whole regions from the Dust Bowl, diversified House. also served in Panama and India. Being a production in the South to end regional de- It was Constantine Valanos who brought member of ‘‘Merrill’s Marauders’’ earned pendence on cotton, led efforts to restore es- that warm and inviting place to Capitol Hill and T/5 Hosman the distinction of United States tuaries like the Chesapeake Bay through con- to all who serve here. Many of us knew Army Ranger. servation programs, financed rural develop- Connie well. Connie made a point of knowing T/5 Hosman helped secure the strategic ment, and rebuilt agriculture in war-torn coun- and remembering all of us who set foot in his Burma Road while it was being built in treach- tries in partnership with the Armed Services. restaurant, even if just once in a while. Sadly, erous conditions. Extraordinarily, while America’s food security today stands in Connie passed away last month at age 93. ‘‘Merrill’s Marauders’’ had such a high casualty stark contrast to other industrialized countries Constantine George Valanos was born into rate, they never left a fellow soldier’s body be- which are heavily dependent on food imports. a family of Greek immigrants in Albany, New hind. T/5 Hosman received the Combat Infan- Only because of the USDA’s work do we York, as the First World War was drawing to tryman Badge, the Presidential Unit Citation, enjoy this security, which includes affordable a close. He grew up here in Washington, D.C., and the Bronze Star Medal for exemplary food for working Americans. Today the USDA and served in the U.S. Navy during World War service. is working to ensure that food security in- II. Following his discharge, Connie attended After the war, Jessie returned stateside and cludes healthy foods which address America’s the George Washington University and pur- spent some time in San Francisco where he most challenging chronic health problems. sued a career in accounting. In 1960, seeing was given everything and anything he wanted Under Secretary Vilsack, the USDA is leading an opportunity to buy and fix up an old res- to eat to make up for two years of malnutri- efforts to redevelop local food production. The taurant on Capitol Hill, Connie and his wife, tion. Eventually Jessie returned home to the benefits of this initiative are evident in my Helen—who passed away in 2005 after a fifty- Willard area where he raised his family and home state of Virginia, where growing wine, three year marriage—opened the Monocle. purchased a farm where he ran a milk and cheese, fruit, and vegetable production is Among their first regular customers were beef cattle operation for 50 years. bringing land back into production which had then-Senators John F. Kennedy and Richard These days, Jessie is enjoying life and tak- been fallow for decades. The USDA is much Nixon. Over the next fifty years the Monocle ing it easy living with his daughter, Terri more than agriculture; it pursues a com- would see a steady stream of Senators, Rep- Hughes, and her husband, Jimmy Hughes, in prehensive program of rural development, and resentatives, future Presidents and Vice Presi- Walnut Grove, Missouri. He still enjoys his its recent efforts to strengthen local food sup- dents, Supreme Court justices, foreign dip- hobbies of fishing, hunting, boating and his plies are emblematic of this comprehensive lomats, and ordinary Americans visiting with RV. Jessie has also attended several ‘‘Merrill’s approach. their elected officials. Marauders’’ reunions. The USDA is playing a central role in con- After three decades at the helm, Connie and As the years create more and more dis- serving America’s natural resources, as it has Helen passed the management of the busi- tance from the events and heroes that defined since its inception. Photographs from the ness to their son, John, and daughter-in-law, World War II, I personally wanted to take this

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.039 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E801 opportunity to recognize one of my constitu- Directors of the Greater Washington Board of of her children and grandchildren, in the ents who is a Real American Hero. Without Trade and the Northern Virginia Technology hearts and minds of the Border Patrol agents, the sacrifices of America’s Greatest Genera- Council, and he was a member of the Virginia and through the people of the causes she tion, we would not be enjoying the freedoms Governor’s Blue Ribbon Commission on High- served. and rights they fought to preserve. May God er Education. His tireless efforts advocating on f bless Jessie C. Hosman. I wish him a very behalf of the university in local, state, and fed- happy birthday and many more. eral government have earned him a reputation TRIBUTE TO DEACON LAMOUNE CARLOS GLOVER f as a champion of higher education. After his retirement, Dr. Merten will continue to serve RECOGNIZING GMU PRESIDENT George Mason and our community in other HON. BOBBY L. RUSH ALAN MERTEN ON HIS RETIRE- capacities, as well as spend more time with OF ILLINOIS MENT his wife Sally, daughter Melissa, son Eric and IN THE HOUSE OF REPRESENTATIVES four grandchildren. Tuesday, May 15, 2012 HON. GERALD E. CONNOLLY Mr. Speaker, I ask that my colleagues join Mr. RUSH. Mr. Speaker, I rise to pay tribute OF VIRGINIA me in thanking Dr. Alan G. Merten for his tre- to the life and legacy of my friend and brother IN THE HOUSE OF REPRESENTATIVES mendous contributions to George Mason Uni- versity and the higher education community. I beloved, Deacon Lamoune Carlos Glover who Tuesday, May 15, 2012 consider Dr. Merten a dear friend and wish made his heavenly transition on Tuesday, May Mr. CONNOLLY of Virginia. Mr. Speaker, I him, his wife and family the best as he moves 8, 2012. Deacon Glover was born April 23, rise today to recognize Dr. Alan G. Merten into retirement. Thanks to his leadership, the 1968, in Chicago, Illinois to the late Robert and Lorraine Glover. A product of the Chicago and to congratulate him on the occasion of his University and Northern Virginia are well posi- Public Schools system, Lamoune attended retirement following a distinguished, 16-year tioned for future growth and success. tenure as president of George Mason Univer- Mollison Elementary School and Jean Baptiste f sity. Pointe DuSable High School, and later went Dr. Merten was Mason’s fifth president, and THE PASSING OF MURIEL WATSON on to attain an Associate Degree in Applied under his leadership the University developed Science. the culture, academics and reputation of a Lamoune’s love for Christ started at an early unique and world-class institution of higher HON. BRIAN P. BILBRAY age. At 6, his ‘‘play mother’’ May Turner took learning. There are many examples of its OF CALIFORNIA him to church. Lamoune was baptized at the age of twelve at the Gospel Temple Church, growth and enhanced prestige, but I would like IN THE HOUSE OF REPRESENTATIVES under the leadership of Pastor Warren L. Tur- to cite a few statistics that speak to the caliber Tuesday, May 15, 2012 ner. There, he served as a member of the of excellence Dr. Merten has helped build at usher board and in the youth ministry. Mason. U.S. News and World Report ranks Mr. BILBRAY. Mr. Speaker, I rise today to Later in his journey, Lamoune began attend- George Mason 138th among the best univer- honor one of San Diego’s great citizens Muriel ing the Beloved Community Christian Church sities in the nation. Incoming freshman now Watson. Muriel passed on May 1, 2012 after where I am privileged to serve as pastor and average a 3.6 GPA, up from 3.0 in 1996. Ma- a lengthy battle with cancer. teacher. In 2002, Lamoune experiencing the son’s student body has grown to more than I had the pleasure of knowing Muriel when transformative power of Jesus Christ and 32,000. While GMU was founded as a branch I was Mayor of Imperial Beach. I would also being led by the Holy Spirit re-dedicated his of the University of Virginia, it became an talk with her when I would ride my horses life to Christ. At Beloved, he served as a trust- independent institution in 1972 and now is the along the border. She was tenacious, dedi- cated and motivated to all of her causes and ee, church steward and member of the Men’s largest university in the Commonwealth. Dr. ministry. Merten’s success cultivating new funding op- her attitude and intellect allowed her to ac- complish anything she set her mind to. In July 2003, Lamoune met his ‘‘better half’’ portunities and promoting the fields of informa- Joyce Lemon. After a loving three-year court- tion technology and biological sciences have Muriel was born in Newton Massachusetts on October 23, 1930 as the only child of Wil- ship, Lamoune and Joyce married on August sparked an increase in annual research fund- 19, 2006. To this union, one beautiful, daugh- ing from $28 million in 1996 to more than liam and Cynthia Bianchi. She grew up as a teenager in San Diego, attended San Diego ter was born, Ahrmani Glover. $100 million today. In 2011, after nine years of devoted Chris- When he steps down next month, Dr. High School, and later earned her teaching degree at San Diego State College. She was tian service, I installed Bro. Lemoune as Dea- Merten will conclude a career in higher edu- con of the Beloved Community Christian cation that has spanned more than four dec- a patron of the arts and would dance and act at the Old Globe theatre in San Diego from Church. It was one of his proudest moments, ades of service at numerous institutions. Dr. for no matter what life threw Lamoune’s way, time to time. Merten holds an undergraduate degree in he always somehow knew that with God, he After meeting her husband George Watson mathematics from the University of Wisconsin, would be ‘‘okay’’. in 1953, a Border Patrol agent, Muriel began a master’s degree in computer science from Mr. Speaker, in the Exodus story, as Israel her work with the U.S. Border Patrol. She be- Stanford University, and a PhD in computer did battle with the Amalekites, Moses stood on science from the University of Wisconsin. He came involved with the Border Patrol Union as a hill with the staff of God in his hands, when- began his career in 1970 as an associate pro- a Public Information Officer and testified be- ever Moses raised his hands Israel prevailed. fessor of industrial and operations engineering fore Congress regarding issues and concerns When Moses hands grew tired so that he was at the University of Michigan. He later served of the Border Patrol. forced to lower them, Israel suffered in battle, as an associate dean in the Michigan Busi- In addition to her involvement with the Bor- but Aaron and Hur, Moses’ armor bearers, ness School where he was responsible for ex- der Patrol, Muriel created an initiative called held Moses’ hands up and Joshua and Israel ecutive education and computing services. ‘‘Light Up the Border’’ in 1989. The goal of the defeated Amalek. Lemoune was such an After serving for three years as the dean of group was to shine car lights on the border in armor bearer. the College of Business at the University of order to cut down on border violence. The Deacon Lamoune Carlos Glover’s life has Florida, Dr. Merten accepted the deanship of group met monthly starting on November 4, been seen through the lenses of personal sac- the Samuel Curtis Johnson Graduate School 1989. At the first meeting, 23 cars were rifice, love, reconciliation, and perseverance. of Management at Cornell University in 1989. present and over the seven months of the pro- My sincerest thoughts and prayers are ex- In 1996, he accepted the position of President gram the group grew to 2000 cars in June of tended to his loving wife, Joyce, his children at GMU. 1990. Otisha Pitts, Jakwon Webb and Ahrmani, Dr. Merten is a well respected figure in the Over the course of the program, Muriel was grandchild Javion Goss, brothers, Robert Northern Virginia community who has used his able to enlist the help of Congressman Dun- Glover and Marvin Harvey, sister Bernadette considerable and diverse talents to raise the can Hunter to begin construction on what Glover, his Beloved Community Christian profile of the University and our community. today represents three layers of border fence, Church family, and host of other family and Throughout his tenure, Dr. Merten has ex- more agents, and lights on the border. friends. I am privileged to enter these words in panded GMU’s partnership with the regional Muriel will be missed by those of us who the CONGRESSIONAL RECORD of the United business community, serving on the Board of knew her. Her memory will live on in the lives States House of Representatives.

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A15MY8.041 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E802 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 TRIBUTE TO DR. F. SHERWOOD EVERETT LILLY ‘‘He played music right up to the end,’’ Dan- ROWLAND iel Lilly told the Times. ‘‘He was enjoying life HON. NICK J. RAHALL II and still riding his four-wheeler through the HON. HENRY A. WAXMAN OF WEST VIRGINIA woods at the age of 87. He died at the kitchen IN THE HOUSE OF REPRESENTATIVES table.’’ OF CALIFORNIA He and his band used to play an old song Tuesday, May 15, 2012 IN THE HOUSE OF REPRESENTATIVES that seems a fitting epitaph for his long happy Mr. RAHALL. Mr. Speaker, the glorious hills career and life. I leave you with the lyrics to, Tuesday, May 15, 2012 of West Virginia fell more silent than usual this ‘‘Who will sing for me,’’ confidant that the Mr. WAXMAN. Mr. Speaker, I ask my col- past week. A familiar voice was quieted by the praises for Everett Lilly will continue to be leagues to join me today in honoring Dr. F. passing of an American original. This last sung by all those whose lives he touched. Mr. Sherwood Rowland, who was born on June weekend, we celebrated the life and legacy of Speaker, my colleagues, we all could take a 28, 1927, in Delaware, Ohio, and who passed Mr. Everett Lilly, who passed on to his heav- page or two from the songbook of this tal- away on March 10, 2012, at his home in Co- enly reward after 87 years on this Earth. Until ented, this beloved son of West Virginia: rona del Mar, California, at the age of 84. just recently, Mr. Lilly’s voice and mandolin Often I sing for my friends playing were a familiar melodious staple for Professor Rowland was a giant in the sci- At death’s cold hand I see the ears and musical souls of southern West When I reach my journey’s end entific community. Along with his colleague Dr. Virginians and countless ones beyond our bor- Who will sing for me Mario Molina, he discovered the serious threat ders. Chorus to the earth’s ozone layer posed by man-made Everett and his brother, Bea, who passed in I wonder (I wonder) who chemicals called chlorofluorocarbons, or 2005, introduced bluegrass music, Lilly-, Will sing (will sing) for me CFCs. These supposedly harmless chemicals or as Mr. Lilly liked to call it, ‘‘American Moun- When I come the cross were being released from aerosol sprays, re- tain Country Folk Music,’’ to our country’s of that silent sea Who will sing for me frigerators, and air conditioners. In their 1974 northeast in the 1950’s with Don Stover and paper published in Nature, the two scientists Tex Logan. They rose to international fame When crowds shall gather round And look down on me showed that CFCs were depleting the planet’s and toured Japan. Everett played two sepa- protective stratospheric ozone layer. They Will they turn and walk away rate stints with the legendary bluegrass group Or will they sing one song for me found that CFCs rose into the stratosphere, formed by Lester Flatt and Earl Scruggs. Most where they were broken apart by powerful ul- So I’ll sing ’til the end recently, even though he was well into his Contented I will be traviolet rays and released chlorine atoms. 80s, he toured with his own band, The Lilly The chlorine destroyed the ozone molecules Assured that some friends Mountaineers, and taught classes at Mountain Will sing one song for me protecting the planet’s surface from harmful ul- State University—passing on his knowledge f traviolet radiation. and skill with mountain music and its accom- Sherry Rowland recognized that the deple- panying lore. SEQUESTER REPLACEMENT tion of the ozone layer ‘‘was not just a sci- The Lilly Brothers were inducted into the RECONCILIATION ACT OF 2012 entific question, but a potentially grave envi- West Virginia Music Hall of Fame and the ronmental problem.’’ Increased exposure to ul- International Bluegrass Music Hall of Fame. SPEECH OF traviolet radiation meant more cases of skin Everett received the Vandalia Award, West HON. CAROLYN B. MALONEY cancer and eye damage, as well as harm to Virginia’s highest folk life honor, in 2009. OF NEW YORK plant and marine life. Tributes to Mr. Lilly and his considerable tal- IN THE HOUSE OF REPRESENTATIVES Sherry Rowland spoke out about this dan- ents continue to be written, West Virginia’s ger to the ozone layer and argued for a ban Mountain Stage’s memorial to him reminds us Thursday, May 10, 2012 on CFCs. Over the years, he did hundreds of that country singer, Marty Stuart, called Mr. Mrs. MALONEY. Mr. Speaker, once again, press interviews and testified before Congress Lilly, ‘‘God’s mandolin player.’’ the Republican majority is proposing legisla- and state legislatures time and time again. Let me just add that all the words used to tion that puts Americans directly on the Road Professor Rowland persevered despite ef- describe Mr. Lilly’s legacy like entertainment to Austerity. Similar to the Ryan Budget, the forts to discredit his work. Scientific societies giant, pioneering artist, and musical legend Sequester Replacement Reconciliation Act is withdrew their invitations for him to speak and icon are true I knew Mr. Lilly and know noteworthy for the harsh austerity it demands about his research. And industry attacked him his family. They are friends of mine and the of the many and the lavish benefits it extends personally. In 1977, the president of one aer- best compliment I can pay him is that what to the few. osol manufacturing company claimed that criti- you saw was what you got. I don’t think he Instead of closing tax loopholes or asking cism of CFCs was ‘‘orchestrated by the Min- had a fake bone in his body, and he was more millionaires to contribute to deficit reduction, istry of Disinformation of the KGB.’’ than ready to lend a helping hand whenever, this bill focuses only on cutting spending while But Professor Rowland was ultimately vindi- wherever possible. Indeed, as our hometown hurting millions of Americans. cated by both his fellow scientists and the newspaper, the Register Herald, summed it up This bill puts the burden of deficit reduction international community. In 1983, a British succinctly, Everett was genuine. squarely on the backs of seniors, the middle Among the tens of thousands Mr. Lilly en- Antarctic Survey team confirmed the existence class, and the most vulnerable among us: lightened and entertained over the decades It slashes food stamps by $33.2 billion at a of a hole in the ozone layer above Antarctica. was everyone from presidents to just plain time when families can least afford it; perma- Four years later, the Montreal Protocol was good people. Though he achieved inter- nently eliminates the Social Services Block signed. This landmark treaty phased out the national fame and the composition of his audi- Grant program which provides assistance for production and use of CFCs. The ozone layer ences would drastically change from venue to nearly 23 million Americans including 4.4 mil- is now expected to fully recover around the venue, he never did. Whether he was on the lion children and 1.7 million older Americans middle of the century. world stage or staged in front of a family barn who receive ‘‘Meals on Wheels’’; cuts invest- In 1995, Dr. Rowland received the recogni- here in southern West Virginia, Everett never ments to women’s health by eliminating the tion he deserved when he shared the Nobel strayed from his deep roots in Clear Creek, Prevention and Public Health Fund which pro- Prize for Chemistry with Dr. Molina and Dr. West Virginia. motes maternal and child health; and politi- Paul Crutzen for their ozone layer work. The New York Times ran a warm story on cizes the funding process for the Consumer Sherry Rowland’s life stands as a testament Mr. Lilly’s many accomplishments and con- Financial Protection Bureau which was cre- to the critical role of scientific discovery in the cluded with perhaps what he considered his ated by the Dodd-Frank law to deal with banks development of wise and effective government greatest, his family. Mr. Lilly’s son, Jiles, pre- that are ‘‘too big to fail.’’ policy. ceded him in death, but he is survived by his Mr. Speaker, Democrats agree that we need One need only ponder what the world would wife of 64 years, JoAnn; three sons, Daniel, deficit reduction, but demand that we do it in be like today without the work and voice of Mark and Everett Alan; four daughters, Karen a balanced and fair way. The proposal before Sherry Rowland to appreciate the magnitude Pierangelino, Diana Tomah, Ann Lilly and La- us shreds the social safety net that protects of his contributions. Please join me in cele- verne Wheeler; a sister, Flossie Williams; and millions of hardworking families in an effort to brating the life of Dr. Sherry Rowland, a man numerous grandchildren and great-grand- protect defense cuts under sequestration and who literally helped save the world. children. makes billions of dollars in cuts beyond what

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K15MY8.020 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E803 was agreed to under the Budget Control Act and shippers, marketers and processors, to provide continued support for our country’s for FY13. equipment suppliers, researchers, and retail- agriculture industry. With continued support, This bill is another example of a partisan bill ers—to ensure that Americans have access to we can carry on our America’s role as a world that has no chance of going anywhere but that affordable, safe and abundant food. leader in reliable material and safe foods. sends a message to all Americans: You are The USDA also assists with important con- f on your own. From Medicare to child protec- servation efforts, and connects the most vul- tive services, to respite care for disabled indi- nerable in our society with critical food re- RECOGNIZING MICHIGAN HELMET viduals, the Republican majority is cutting your sources. As we mark this anniversary, I hope CHOICE LAW services while handing a neatly wrapped gift we all will take this opportunity to recognize to our Nation’s millionaires. the continued need that exists at our local HON. TIM WALBERG I strongly urge a ‘‘no’’ vote. food pantries. I meet with food banks and pan- OF MICHIGAN f tries on a regular basis, and demand is at an IN THE HOUSE OF REPRESENTATIVES all-time high. Families who use to donate food Tuesday, May 15, 2012 HONORING MR. MA YING-JEOU ON regularly are now coming to receive food. Mr. WALBERG. Mr. Speaker, I rise today in TAIWAN’S PRESIDENTIAL INAU- I appreciate the support of my colleagues GURATION DAY support of the recent passage and signing into for the inclusion of language in the FY12 agri- law of a helmet choice law in my home State culture spending bill that was signed into law of Michigan. HON. RICHARD L. HANNA to make it easier to donate excess food from Last month, Governor Rick Snyder signed OF NEW YORK the Federal school lunch program to local food into law Senate Bill 291, which modernizes IN THE HOUSE OF REPRESENTATIVES banks by ensuring they are covered by the Michigan’s outdated mandatory helmet law Tuesday, May 15, 2012 Good Samaritan Act. and allows adult choice for motorcycle riders The American agriculture community should like myself. The new law allows riders to exer- Mr. HANNA. Mr. Speaker, as Taiwan pre- be commended for their work to ensure that pares for its Presidential Inauguration Day on cise their personal liberty in choosing whether everyone has safe food on the table. to wear a helmet or not, while at the same May 20, I’d like to congratulate President Ma f and our friends in Taiwan for a smooth com- time including smart safeguards to ensure rid- pletion of their presidential election on January A TRIBUTE TO AGRICULTURE ers are equipped with the proper skills and 14. Mr. Ma Ying-jeou won a second term as protections to safely travel on Michigan roads. Michigan now joins the 30 other States with President of the Republic of China (Taiwan). HON. AUSTIN SCOTT helmet choice laws, and this law will undoubt- President George W. Bush once famously OF GEORGIA edly encourage cross-country riders to visit described Taiwan as ‘‘a beacon of democracy IN THE HOUSE OF REPRESENTATIVES our beautiful State and support our strong to Asia and the world.’’ His words were rec- Tuesday, May 15, 2012 tourism industry. ognition of Taiwan’s achievements in demo- While riders are certainly free to choose Mr. AUSTIN SCOTT of Georgia. Mr. Speak- cratic development. We trust Mr. Ma and his whether they will ride with a helmet or not, er, with the 150th anniversary of the U.S. De- people will continue to deepen and improve driver awareness cannot be optional. Too partment of Agriculture upon us, I feel it impor- Taiwan’s democracy and instill an even many riders are injured or killed each year due tant to pay tribute to the American farmers, stronger commitment to democratic values to reckless driving and the only way to ensure ranchers, and producers who remain a corner- among Taiwan’s people. the safety of motorcycle riders and car drivers The United States and Taiwan have enjoyed stone in the foundation of our country. Since is increased awareness on the roadways. a strong security and economic partnership for the settlement of American colonies, agri- Along with increased motorcycle rider edu- over half a century. Our common interest in culture has played a paramount role in the cation, it is my hope that the debate over this peace and security has guided U.S.-Taiwan lives of American citizens. commonsense law will encourage all drivers to relations and our commitment to Taiwan’s se- Growing up in South Georgia, I witnessed the impact agriculture plays in our Nation’s pay closer attention behind the wheel. curity, as stated in the 1979 Taiwan Relations Again, I am grateful to Governor Snyder and economy and national security. In Georgia, Act, has enabled Taiwan to build a strong the Michigan legislature on advancing per- agriculture is directly related to one out of democratic government and today serves as a sonal liberty in Michigan through the passage every seven jobs. It contributes billions of dol- beacon for others in the region and beyond. of Senate Bill 291, and I look forward to taking lars to the State’s economy and provides a Similarly, Taiwan’s economic partnership with my Harley out soon. us has benefited both sides, resulting in Tai- safe and reliable source of food for American wan being our tenth largest trading partner, citizens. The U.S. Department of Agriculture f with total bilateral trade amounting to over $68 has played and continues to play an important USDA—HAPPY 150TH BIRTHDAY billion. role in each of these aspects. During Mr. Ma’s second term, I hope our re- With the long-standing relationship between HON. JAMES P. McGOVERN Georgia and the U.S. Department of Agri- lationship with Taiwan will continue to flourish, OF MASSACHUSETTS culture, the State of Georgia has become syn- especially in areas like military cooperation, IN THE HOUSE OF REPRESENTATIVES Taiwan’s inclusion in the Visa Waiver Pro- onymous with agriculture. Georgia leads the Tuesday, May 15, 2012 gram, as well as our trade relationship. Nation in broilers and value of egg production Congratulations to Mr. Ma and the people of with $4 billion dollars and $570 million dollars, Mr. McGOVERN. Mr. Speaker, as a mem- Taiwan. respectfully. It produces the second highest ber of the Agriculture Committee, I am f amount of cotton in the United States, and it pleased to recognize the 150th birthday of the produces almost half of the peanuts grown in U.S. Department of Agriculture (USDA). The RECOGNIZING THE 150TH ANNIVER- the U.S. with a farm gate value of over $401 good work of USDA and the important pro- SARY OF THE DEPARTMENT OF million dollars. Altogether, agriculture contrib- grams administered by USDA reach all of us AGRICULTURE utes about 12 percent annually to Georgia’s every day, often more than most of us realize. $787 billion dollar economic output. In coordination with our farmers and ranchers, HON. FRANK R. WOLF With the success of our Nation’s agriculture USDA ensures that we have a safe and abun- OF VIRGINIA sector, it is vital that the U.S. government cre- dant food supply. USDA protects the quality of IN THE HOUSE OF REPRESENTATIVES ate an optimal environment where farmers and our meat and poultry; feeds children and low ranchers can continue to provide our country income Americans through the nutrition pro- Tuesday, May 15, 2012 with a consistent and safe supply of agri- grams; and supports rural Americans with an Mr. WOLF. Mr. Speaker, today is the 150th culture products. We can achieve this through array of basic programs, including broadband, anniversary of the founding of the Department appropriate policies that provide support for housing and economic development. of Agriculture, which was established by Presi- our Nation’s agricultural producers. As Co-Chair of the House Hunger Caucus, dent Lincoln on May 15, 1862. Therefore, Mr. Speaker, during this time of along with my good friend Representative JO I commend the hardworking individuals at honoring the 150th anniversary of the Depart- ANN EMERSON, I am committed to ending hun- the department who work with all elements of ment of Agriculture, it is with great esteem and ger in the United States and around the world. the food supply chain—including our farmers, pride that I honor our Nation’s farmers, ranch- I want to praise USDA’s robust domestic pro- growers, and ranchers, to support for packers ers, and producers. I ask my fellow colleagues grams to help feed the most vulnerable among

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.043 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E804 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 us and improve nutrition. These safety net Because of their efforts, no Member of Con- murders by the Castro regime. The number of programs, including SNAP, the Child Nutrition gress will be able to say they haven’t been political arrests doubled between 2010 and Programs, and WIC are vitally important to touched by this terrible disease. And because 2011, and the first three months of 2012 have helping those in need put food on the table of their efforts, I truly believe that one day in proven even more brutal and repressive than during economic hard times and helping make the not so distant future we will finally have a the same period last year. While we continue sure no one especially seniors and children— cure. to mourn the loss of Zapata Tamayo, his spirit goes to bed hungry in America. The Child Nu- I also want to honor one special individual and mission have nonetheless strengthened trition Programs including the National School in particular who had planned to be here Cuba’s courageous pro-democracy movement. Lunch Program are among the most important today, before he lost his battle with ALS on Shortly after Zapata Tamayo’s death, other and successful anti-hunger and nutrition pro- April 27, 2012 at just 34 years old. pro-democracy activists continued his cause grams in the country. Thanks to diligent over- Joshua Kennedy led a life of exemplary such as Jorge Luis Garcia Perez (‘‘Antunez’’), sight by USDA, and significant reforms in the service. He served his country bravely as a who founded the ‘‘Orlando Zapata Tamayo program, SNAP is one of the most effective Sergeant in the U.S. Army Reserves, including National Front for Civic Resistance and Civil and efficient federal programs. It is a testa- eighteen months in Iraq as a petroleum supply Disobedience.’’ In so many ways, he still lives. ment to USDA’s longstanding commitment to specialist. He served his family as a devoted Among the pro-democracy activists that honor the highest standards and oversight of its pro- husband to his wife Ernesta and a proud fa- him and continue his mission, Mr. Zapata grams. ther to his sons Tyler, Charles, and Andrew. Tamayo is an enduring symbol of persever- Globally, the impact of USDA is just as He served his community in Maine as a cor- ance in the face of brutal repression. great. I have long promoted an integrated gov- rectional officer at Androscoggin County Jail in Mr. Speaker, I am honored to pay tribute to ernment-wide approach to addressing global Auburn. Then after his diagnosis in March Orlando Zapta Tamayo. Although his life was hunger and food insecurity. Beginning with the 2010, he began to serve his country in a way brutally cut short, he will forever be a blessing Bush Administration and expanding under the he never imagined—as a passionate advocate to Cuba’s courageous pro-democracy move- leadership of President Obama, Secretary of for ALS awareness. ment and to the activists that will not allow his State Clinton, Secretary of Agriculture Vilsack I had the distinct pleasure of meeting Josh sacrifice to be in vain. and USAID Administrator Raj Shah, I am in my Portland office not long after his diag- f proud to say that global food security pro- nosis. I was struck by his compelling story, his grams are stronger than ever. In particular, I RECOGNIZING THE 200TH ANNIVER- warm smile, his love for his family, and his SARY OF HAMILTON COLLEGE am proud to support USDA’s signature role in bravery in the face of unbeatable odds. He global agricultural development, emergency and Ernesta later traveled to Washington DC, food aid, and international school feeding pro- where he brought his message to Congress HON. RICHARD L. HANNA grams. and inspired action the same way he inspired OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Agriculture is not just a nostalgic reflection the community who rallied around him and his of the past, it is a critical part of contemporary family back home. Even as his voice eluded Tuesday, May 15, 2012 American life and the U.S. economy. I would him and his body began to fail him, it was Mr. HANNA. Mr. Speaker, I rise today to like to take this opportunity to salute the thou- clear that his spirit remained strong. honor Hamilton College on the occasion of its sands of Massachusetts small farmers who I had looked forward to seeing him again bicentennial. contribute so much not only to the economy, this year, and his presence is dearly missed Hamilton is one of this Nation’s finest liberal but to the nutrition and health of the people of today, as it will be for years to come. There arts colleges. It is known for its rigorous aca- Massachusetts, New England and the nation. are not enough words to appropriately honor demic program to prepare students for lives of It has been such a privilege for me to visit his legacy or to comfort his family on their tre- meaning and purpose. The College is re- their farms, dairies and gardens and witness mendous loss. But I know his advocacy was nowned for teaching students to express their first-hand the great work they are doing. not in vain. It is because of people like Josh ideas with clarity and precision, to think cre- I am pleased to extend my heartiest birth- that we are making progress, bit by bit, and I atively and analytically, and to act ethically day wishes to USDA on this landmark anniver- look forward to the day when we can cele- and with conviction. sary, and I wish them the very best success brate his memory with a cure for ALS. Hamilton College was originally founded in in supporting agricultural development here at f 1793 as the Hamilton-Oneida Academy by the home and around the world in the next 150 Reverend Samuel Kirkland, missionary to the years. REMEMBERING ORLANDO ZAPATA Oneida Indians. Rev. Kirkland’s vision was to f TAMAYO educate the children of the Oneidas alongside AMYOTROPHIC LATERAL the children of the white settlers streaming into SCLEROSIS (ALS) ADVOCATES HON. MARIO DIAZ-BALART Central New York following the American Rev- OF FLORIDA olution. He presented his plan of education in HON. CHELLIE PINGREE IN THE HOUSE OF REPRESENTATIVES 1793 to President George Washington who ‘‘expressed approbation’’ and to Secretary of OF MAINE Tuesday, May 15, 2012 IN THE HOUSE OF REPRESENTATIVES the Treasury Alexander Hamilton who lent his Mr. DIAZ-BALART. Mr. Speaker, I rise today name to the institution and consented to be- Tuesday, May 15, 2012 to commemorate Orlando Zapata Tamayo who come a trustee. Oneida Chief Skenandoa and Ms. PINGREE of Maine. Mr. Speaker, today would have turned 45 years old today, had his Baron von Steuben, inspector general of the I am proud to recognize the hundreds of brave life not been cut short by the murderous Cas- Continental Army and ‘‘drillmaster’’ of Wash- advocates who are visiting Capitol Hill from tro dictatorship. ington’s troops during the War for Independ- Maine and across the country to raise aware- Orlando Zapata Tamayo was a member of ence, were present when the cornerstone for ness about Amyotrophic Lateral Sclerosis the pro-democracy organizations Movimiento the new Academy was laid on July 1, 1794. (ALS), commonly referred to as Lou Gehrig’s Alternativa Republicana and the Consejo The Hamilton-Oneida Academy lasted 19 Disease. Nacional de Resistencia Covica. He was ar- years before it was rechartered by the Re- They are here today to share their stories, rested several times, including on March 20th, gents of the University of the State of New to educate others about the challenges they 2003 during Cuba’s notorious ‘‘Black Spring.’’ York as Hamilton College on May 26, 1812. face, and to make sure that we continue to in- During his many years in prison, he suffered The institution is believed to be the 31st oldest vest in the critical research and data collection beatings, humiliation, and long periods of soli- college in the United States. that is essential to finally making a break- tary confinement. Zapata Tamayo began a Over the years, Hamilton has never through in the fight against ALS. hunger strike on December 3rd, 2009 to pro- wavered from its mission to teach the liberal Some are here to advocate on behalf of test inhumane prison conditions and arbitrary arts and sciences. In 1968, all-male Hamilton themselves, and some are here to represent extensions of his sentences. His hunger strike College established the all-female Kirkland their loved ones, friends, and neighbors—far lasted more than 80 days. During that time, he College, which lasted 10 years until the two too many of whom have already been lost to was deprived of water, suffered abhorrent pris- colleges combined in 1978. ALS. They are all here to give voice to the on conditions, and ultimately died at the hands Today, Hamilton enrolls 1,812 students from many thousands of Americans who suffer from of the Castro regime on February 23rd, 2010. 49 States and 37 countries. Its student-to-fac- this disease but can’t be here in person to Sadly, the two years since his death have ulty ratio of 9-to-1 ensures significant indi- speak for themselves. been years of increased repression and more vidual attention for its students, many of whom

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.048 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E805 compete successfully for Fulbright Awards, 40TH ANNIVERSARY OF CONGRES- week, long-time Supreme Court reporter Goldwater Scholarships and other prestigious SIONAL PASSAGE OF THE EQUAL Nina Totenberg spoke about taking the job national fellowships and scholarships funded RIGHTS AMENDMENT at NPR in the 70s because the pay was too low for men to want the job. by this body. There has indeed been progress, but the Included among its graduates are public HON. CAROLYN B. MALONEY principles remain the same. servants at every level, including most notably OF NEW YORK To open the sports pages in the morning is former Vice President of the United States IN THE HOUSE OF REPRESENTATIVES to see female athletes in a number of sports. James ‘‘Schoolcraft’’ Sherman; former Sec- To watch the television news in the evening Tuesday, May 15, 2012 retary of State, Secretary of War, U.S. Senator has us watching many female anchor per- and recipient of the 1912 Nobel Peace Prize Mrs. MALONEY. Mr. Speaker, since I was sons, weather ladies, and sports announcers. Even the major sports telecasts regularly in- Elihu Root; current Secretary of Agriculture elected to federal office, I have been a cham- pion for women’s equality and have introduced volve on-air female broadcasters. But is Tom Vilsack; and former U.S. Ambassadors there equal pay for equal work today? Are Arnold Raphel, William Luers, Sol Linowitz, the Equal Rights Amendment, ERA, for the there still obstacles on the professional Michael Klosson and Edward Walker. The Col- last 15 years. I will continue to advocate for paths to boardrooms for women? Is sexual lege also counts among its alumni prominent this important legislation until women are in- harassment still a prominent issue in offices business leaders, scientists, artists, educators, cluded in the Constitution. around America and in our military? physicians, ministers, lawyers, entrepreneurs, Despite determined efforts by many dedi- It is still fitting in the 21st century for our entertainers, writers, and journalists. cated activists, the ERA has never become nation to include in its basic law the prin- ciple that discrimination based on sex has no Mr. Speaker, I ask that you and my distin- part of our Constitution. On the 40th anniver- sary of the Congress passing the Equal Rights place in American life. It is fitting for our guished colleagues join me in recognizing and daughters and granddaughters to be re- congratulating the students, faculty, staff, Amendment, I was joined by a number of minded that their parents and grandparents alumni and trustees of Hamilton College on speakers who spoke about the importance of took a stand to protect their futures and to the occasion of their institution’s two hun- equality for women. I submit their comments ensure that they have an equal place in mod- dredth anniversary on May 26, 2012. below to demonstrate the wide support for this ern America. Constitutional amendment. It is my great hope In closing, let me stress that the ERA is still the right thing to do, not only in prin- f that we will soon realize a time when my bill does not need to be reintroduced and speech- ciple but in every day practice. 150TH ANNIVERSARY OF THE Thank you for your continued, dedicated es and events to raise awareness of the ERA efforts. DEPARTMENT OF AGRICULTURE are not needed; simply put, a time when the JANET KOPENHAVER, FEW ERA has been adopted and true equality has finally been achieved. JANET KOPENHAVER, WASHINGTON REPRESENT- HON. JO ANN EMERSON ATIVE, FEDERALLY EMPLOYED WOMEN (FEW), SENATOR BIRCH BAYH OF MISSOURI REMARKS AT 3/22 PRESS CONFERENCE REMARKS ON THE 40TH ANNIVERSARY OF CON- IN THE HOUSE OF REPRESENTATIVES I want to thank Rep. Carolyn Maloney and GRESSIONAL PASSAGE OF THE EQUAL RIGHTS all the co-sponsors on the ERA bill for their Tuesday, May 15, 2012 AMENDMENTM BIRCH BAYH continuing support of women’s issues. I am To Bobbie Francis and Members of the so happy to be here representing Federally Mrs. EMERSON. Mr. Speaker, I rise to rec- NCWO-ERA Task Force: ognize the 150th anniversary of the Depart- Employed Women. The enactment of an I’m sorry I can’t be there to share inter- Equal Rights Amendment is our number one ment of Agriculture. It was 150 years ago to esting conversations with all of you. I par- legislative priority and our members have this day that President Abraham Lincoln es- ticularly appreciate the invitation from Bob- been busy sending letters to their Represent- tablished the USDA. bie Francis to join her and all of the friends atives urging them to co-sponsor this crit- As Americans, we have been blessed with of the NCWO-ERA Task Force in discussing ical bill. the most successful agricultural economy on an issue that has been close to my heart for On my way in today on the metro, I was more than 40 years. carrying one of those green ERA signs, a earth. U.S. consumers spend, on average, Recent events have seen an assault on less than 10 percent of their disposable in- woman came up to me and said ‘‘Wow—that those who provide health care services to sign is old.’’ No kidding! Too old in my opin- come on food—the lowest of any developed women and we have even seen questions ion. Hopefully we can soon put all these nation in the world. In Europe, consumers raised anew about issues like contraception. signs in the Sewall Belmont House as histor- spend double that percentage and, in devel- It may have been 40 years since we passed ical artifacts no longer needed for lobbying! oping countries, consumers often spend more the ERA in Congress but the reasons why But really, in a nutshell, no one in this than half of their income on food. As Ameri- many of us tried to write women’s rights country would say that women are not equal cans, we can be proud of our producers and into the Constitution are still with us today. to men. No one! So let’s end the hypocrisy As the Chief Senate Sponsor and floor lead- the role our agriculture department has played and pass the ERA this year. The time has er of the Equal Rights Amendment, I remem- come and the time is now! in making advancements in the agricultural ber well the intensity of the battle we fought SARAH BEAR sector. Successes in agriculture lift all aspects in the early 1970’s. America’s history has of our economy. been a steady expansion of individual rights, REMARKS BY SARAH BEAR, EQUAL RIGHTS American agriculture’s success has been beginning with the expansion of the fran- AMENDMENT PRESS CONFERENCE, MARCH 22, 2012 fueled largely by the hard work of our farmers chise in our early years. From the rights of I cannot begin to tell you how many people and ranchers. They withstand incredible chal- former slaves after the Civil War to the ex- I’ve encountered that believe the Equal pansion of the vote for women and then for Rights Amendment has been passed. They lenges on a daily basis to provide our nation 18 year olds, we have codified in our Con- are shocked when I break the unfortunate with a safe, abundant and affordable food sup- stitution an ongoing commitment to indi- news to them that it has not, in fact, been ply. More and more, our producers will be de- vidual rights. It seemed fitting then, and passed. Shouldn’t this, in and of itself, be pended upon to feed not only Americans here seems fitting now, that our Constitution proof that the ERA should be ratified? at home, but a growing world population. I am speak loudly and clearly that the law allow It is such a simple statement: ‘‘Equality of confident our producers, our research institu- no discrimination on the basis of gender. rights under the law shall not be denied or tions and the private sector will be able to har- While the principles involved in this battle abridge by the United States or by any state ness innovation to meet the daunting chal- remain, the country has evolved quite a bit on account of sex.’’ Is it so difficult to ratify since 1972. In 1972 there were 2 women in the this amendment and permanently add it to lenge of feeding a world population that is ex- US Senate and 13 in the House of Represent- the Constitution? What makes men, women, pected to grow from around 7 billion to over 9 atives. Now there are 17 women Senators and or transgendered individuals so different billion by the year 2050. 75 Congresswomen. There were no female that we don’t deserve equal protection under Agriculture will continue to represent the Governors in 1972 and had been only 3 in all the Constitution? We’re all people. We all foundation of the U.S. economy. I am proud of our history before that, there are 6 now. We feel, cry, smile, laugh. We’re just as much what agriculture has been able to accomplish have had a female Speaker of the House and human as the person next to us, whether or over the last 150 years with the support of have scores of CEOs, business owners and not we share similar reproductive organs. leaders in all walks of life who are female. As a distant relative of the inspirational USDA. It is with great respect for the farmers The number of women elected to state legis- suffragist and author of the ERA, Alice Paul, and ranchers in Southern Missouri I represent, latures across the country is larger than it is in my blood to fight for this basic right. and those in industry and our research institu- ever before. The number of women in the I promise to her, the Alice Paul Institute, tions, that I recognize agriculture’s great suc- military cannot be compared to the numbers and all the amazing women and men who cess story over the last 150 years. 40 years ago. And in a recent issue of News- have fought and continue to fight for equal

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A15MY8.050 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E806 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2012 rights, that I will not relent or give up. Alice [From the AgAgenda, May 2012.] While meeting these quantitative chal- said, ‘‘I never doubted that equal rights was USDA: CELEBRATING 150 YEARS OF lenges and meeting our environmental goals, the right direction. Most reforms, most prob- INNOVATION we will strive to focus even greater attention lems are complication. But to me, there is (By Bob Stallman) on the qualitative side, to also meet the nothing complicated about ordinary equal- needs of consumers who express a preference President Abraham Lincoln is known for ity.’’ How true this statement is. many achievements during his lifetime, but for foods grown ‘‘their way.’’ Science is the answer for all these missions, and today’s TERRY O’NEILL, NOW a little known triumph of his—that affects farmers and ranchers greatly—was the estab- USDA is helping to blaze that trail. REMARKS BY TERRY O’NEILL, EQUAL RIGHTS So, Happy Birthday USDA and best wishes lishment of the United States Department of AMENDMENT PRESS CONFERENCE, MARCH 22, 2012 Agriculture 150 years ago. as we continue down the road for another 150 Thank you to Congresswoman Maloney for On May 15, 1862, President Lincoln signed years. America’s farmers, ranchers and re- having the courage and the tenacity to re- into law a bill establishing a new Depart- search scientists can lead the way to a new introduce the ERA every year until we get it ment of Agriculture, which was specifically 21st century Green Revolution if we follow done. We will not give up. We will get the directed to acquire information through the vision of Abraham Lincoln. As Honest ERA one way or another. I have told people ‘‘practical and scientific experiments’’ and Abe said, ‘‘Leave nothing for tomorrow over and over again, if we have to get the to collect and propagate ‘‘new and valuable which can be done today.’’ ERA swinging from the chandeliers, that’s seeds and plants’’ and distribute these to the f the route we’ll take to get it. I’m so grateful nation’s agriculturists. It is clear, Lincoln for all the leaders we have here. Thank you was a man beyond his time. BOONE COUNTY DEPUTY SHERIFF for your leadership. Women are only 17 per- A MAN WITH A VISION JESSE RICE BROWNING cent of the United States Congress. That is Lincoln understood the importance of agri- not okay. Women are only three out of nine culture to America, and, as importantly, he HON. NICK J. RAHALL II Supreme Court justices and given what the realized science and technology played a OF WEST VIRGINIA Supreme Court has started doing to women major role in the farming industry. Without IN THE HOUSE OF REPRESENTATIVES these days, that is really not okay. This a doubt, I believe Lincoln today would em- year—2012, needs to be the year of the brace the many technological advancements Tuesday, May 15, 2012 women. If we had had women in state legisla- farmers use on their farms, including bio- Mr. RAHALL. Mr. Speaker, during this sea- tures in those key legislatures in 1982 when technology. we almost ratified the ERA back then, in Il- Lincoln once wrote: ‘‘Every blade of grass son of renewal, it is fitting that we recognize linois, in Florida and in North Carolina. If is a study, and to produce two, where there those who, through their service to the public we had had women and if we had had people was but one, is both a profit and a pleasure. good, paid the ultimate sacrifice. Today, every of color, men and women of color, we know And not grass alone, but soils, seeds and sea- 53 hours a law enforcement officer falls in the that we would have ratified the ERA. We sons—hedges, ditches and fences, draining, line of duty in this country. have got to change the complexion of our droughts and irrigation—plowing, hoeing and These men and women got up in the morn- elected leadership. It starts this year, women harrowing—reaping, mowing and threshing— ings, dressed for work, kissed their family will be voting this year, we’ve had it, we’ve saving crops, pests of crops, diseases of crops had enough. Enough with the war on women, goodbye, and went out the door just as we do and what will prevent or cure them . . . the each morning, but with one tremendous dif- we’re going to elect more women to support thousand things of which these are speci- the ERA. mens—each a world of study within itself.’’ ference. As law enforcement officers, they Thank you so much. The federal government was, from the be- knew the challenges of a most typical day for —Terry O’Neill, National Organization for ginning of its involvement in agriculture, them, would amount to unimaginable odds for Women, President. dedicated to scientific progress in farming. any of us to face on our best day. This commitment continues today and is What they viewed as just doing their job, the f shared by farmers and ranchers across the rest of us know goes to the heart of human country, regardless of the methods of food courage and commitment. They died so the and fiber production they use—organic, con- UNITED STATES DEPARTMENT OF rest of us could live. Their sacrifice allowed us AGRICULTURE ventional or biotechnology. They all need science. to grow, prosper and, for their families, as FULL SPEED AHEAD scripture tells us, ‘‘to go forth and multiply.’’ HON. BOB GIBBS The importance of science and innova- In this, our Nation’s Capital, each year for the past several years on May 15th, a few OF OHIO tion—biotechnology in particular—to agri- culture will be significant as we face several blocks west of our Capitol Building, our coun- IN THE HOUSE OF REPRESENTATIVES challenges in the years ahead. The world’s try pauses to reflect on the noble and selfless Tuesday, May 15, 2012 population just passed the 7 billion mark. acts of these officers who represented the law According to the World Food Program, the of our great republic. Here, at the National Mr. GIBBS. Mr. Speaker, today marks the best estimate is that 1 billion people (one in Law Enforcement Officers Memorial during 150th anniversary of President Abraham Lin- seven) are hungry and food insecure. By 2050 National Police Week in a solemn and moving coln signing into law an act of Congress es- the world’s population will rise to 9 billion people. This means we must double world memorial candlelit vigil ceremony, Americans tablishing the United States Department of Ag- gather around our Nation’s living tribute to fall- riculture. Since May 15, 1862, the USDA’s food production by 2050 in order to meet this challenge. en officers throughout the land. work on agriculture, economic development, Further, we must accomplish this hefty Though it is a monument hewn of solid blue science, natural resource conservation and goal while realizing that our Earth is fragile. gray stone marble to withstand the ages—it is, many other important issues has impacted the To take care of our environment, we must Mr. Speaker, as alive as you or I. For on its lives of generations of Americans. embrace agriculture research, science, inno- face are forever carved the names of fathers, As the first Member of Congress who has vation and biotechnology. When it comes to medical care, commu- mothers, sons and daughters, brothers and also served as President of a state farm bu- nication and transportation we accept the sisters, aunts and uncles, grand paws and reau and a farmer of 30 years, I know first- importance of innovation. We need to do the grand maws, cousins galore and friends to hand the valuable programs the USDA pro- same when it comes to the production of countless numbers of us. As long as we live, vides to rural America. Whether you need help food. Mr. Speaker, they, nor their memories, will with growing, grazing, or international trade, Earlier this year, the United Nations ever die. the USDA works to ensure that Ohio’s number issued a special report recognizing that ‘‘new This year, two names have been added to one industry remains a viable part of American ‘green’ biotechnologies can . . . improve re- sistance to pests, restore soil fertility and the face of the monument’s more than 19,000 society. The USDA has taken historic steps to contribute to the diversification of the rural names of law enforcement officers who have improve the lives of rural Americans and build economy.’’ Sound familiar? Seems a lot like been killed in the line of duty. These two sons thriving economies in rural communities, a fact what Lincoln described as a goal 150 years of the State of West Virginia, two loyal public that does not go unnoticed in our state with ago. servants from the heart of the coalfields of Ap- over 26,207,000 acres of farmland. Scientists have developed new seeds that palachia, and two officers of the law from can improve yields while resisting disease I am proud to submit to the CONGRESSIONAL Boone County, West Virginia, who were sim- and requiring less water. That is critical as RECORD this column by American Farm Bu- 70 percent of all fresh water is used by agri- ply doing their jobs when the face and forces reau President Bob Stallman, which highlights culture. American consumers and consumers of evil struck to rob them and their families of the story of the USDA and the important role all over the world can feel safe with this any future. science and technology played in the Amer- technology and confident it will improve our All West Virginians owe them a deep debt ican farming industry. environment. of gratitude and we are indebted, as well, to

VerDate Mar 15 2010 05:17 May 16, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A15MY8.052 E15MYPT1 smartinez on DSK6TPTVN1PROD with REMARKS May 15, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E807 the Sheriff of Boone County, The Honorable Hospital, via train where he clung onto life for names previously unknown are now spoken Rodney A. Miller, whose invaluable assistance several days until he passed from the Earth with reverence. The moment passes, but in helped speed their acknowledgement and in- on April 15, 1917. Deputy Sherriff Browning that moment we mourn for the life that was clusion into this fraternity of honor and remem- was 39 years old. He had served Boone taken and grieve for the survivors, remem- brance. County for 15 years. bering the sacrifice made to protect and serve. Mr. Speaker, I am grateful to the Coal Val- His body lies in a grave on a remote hillside It was only a moment but he is gone, a sac- ley News, the National Law Enforcement Offi- in Barrett, W.Va. At the time of his death, he rifice made to give us a future. We pause in cers Memorial, and the families for sharing the left behind a wife, Orpha Pauley Browning, our sorrow reflecting what might have been— memories of the fallen with me which I humbly and seven children: Glenn Browning, Marie but then we press on for, by the grace of God, pass on for this Nation’s greater edification. White, Gladys Jarrell, Dennis Browning, Clyde his memory still stands.’’ Killed in the line of duty were Deputy Sheriff Browning, Dassie (Scootie) Williams and I am deeply honored to represent the good Jesse Rice Browning and Constable Cecil Georgia Workman. He was predeceased by a people of southern West Virginia in the Con- Alvin Ferrell. son, Alvin Browning. At the time of his death, gress. Life does go on for these two loving Constable Ferrell was shot as he attempted his youngest child was only three months old. families, yet preserving the lives of their fallen to serve an arrest warrant. When Constable All of his children remained life-long resi- relatives preserves not only cherished family Ferrell allowed the suspect to get dressed, the dents of West Virginia. His descendants in- memories, it fosters a legacy critical to the suspect grabbed a shotgun and fired. Con- clude 36 grandchildren and many great grand- very foundation our country’s future. stable Ferrell sustained a gunshot wound to children. Several of these have been behind For if, Mr. Speaker, we are to remain a na- the abdomen and died at the scene on Octo- the effort to have their grandfather recognized tion ruled by law and not by men, it is incum- ber 17, 1937. He was 36 years old. for his service and sacrifice to Boone County, bent upon each of us to search our souls and On April 9, 1917, Deputy Sheriff Jesse West Virginia. find the strength and solace these brave offi- Browning was shot by an inmate who had at- Chaplain Grant Wolf offered these thoughts cers achieved to protect and to serve us. May tacked him and gained control of his gun be- of comfort and hope, ‘‘It was only a moment, God bless such men and women as these and fore fatally wounding him. Jesse Browning but in that moment of madness our lives and may such dedication reign forever in the home was taken to Charleston, Kanawha Valley the world changed. Hearts were broken and of the brave and land of the free.

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HIGHLIGHTS Senate passed H.R. 2072, Export-Import Bank Reauthorization Act. Senate failed to achieve 60 affirmative votes, the amend- Chamber Action ment was not agreed to.) Pages S3155–56 Routine Proceedings, pages S3137–S3179 By 36 yeas to 62 nays (Vote No. 93), Corker Measures Introduced: Eleven bills and three reso- Amendment No. 2102, to require the Export-Import lutions were introduced, as follows: S. 3177–3187, Bank of the United States to provide financing only S.J. Res. 40, and S. Res. 460–461. Page S3174 for transactions subsidized by export credit agencies of other countries or for which private sector financ- Measures Reported: ing is unavailable or prohibitively expensive and to S. 1023, to authorize the President to provide as- require the Bank to maintain a ratio of capital to the sistance to the Government of Haiti to end within outstanding principal balance of loans and loan guar- 5 years the deforestation in Haiti and restore within antees of not less than 10 percent. (A unanimous- 30 years the extent of tropical forest cover in exist- consent agreement was reached providing that the ence in Haiti in 1990. (S. Rept. No. 112–165) amendment, having failed to achieve 60 affirmative Page S3172 votes, the amendment was not agreed to.) Measures Passed: Pages S3148–50, S3156–57 Export-Import Bank Reauthorization Act: By 78 By 37 yeas to 61 nays (Vote No. 94), Vitter yeas to 20 nays (Vote No. 96), Senate passed H.R. Amendment No. 2103, to clarify the requirement 2072, to reauthorize the Export-Import Bank of the that the Export-Import Bank of the United States United States, 60 Senators having voted in the af- not make or guarantee loans that are subordinate to firmative, after agreeing to the motion to proceed, other loans, to restrict financing of certain fossil fuel and taking action on the following amendments pro- projects in foreign countries, and to prohibit financ- posed thereto: Pages S3137–54, S3155–58 ing of renewable energy products manufactured in Rejected: foreign countries. (A unanimous-consent agreement By 12 yeas to 86 nays (Vote No. 91), Lee Amend- was reached providing that the amendment, having ment No. 2100, to phase out the authority of the failed to achieve 60 affirmative votes, the amend- Export-Import Bank of the United States and to re- ment was not agreed to.) Pages S3150–52, S3157 quire the President to initiate negotiations with By 35 yeas to 63 nays (Vote No. 95), Toomey other major exporting countries to end subsidized Amendment No. 2104, to prohibit an increase in export financing programs. (A unanimous-consent the lending authority of the Export-Import Bank of agreement was reached providing that the amend- the United States to more than $100,000,000,000 ment, having failed to achieve 60 affirmative votes, until the Secretary of the Treasury certifies that the the amendment was not agreed to.) Secretary has initiated international negotiations to Pages S3146–48, S3155 eliminate export financing programs and to prohibit By 9 yeas to 89 nays (Vote No. 92), Paul Amend- an increase in that lending authority to more than ment No. 2101, to prohibit the Export-Import Bank $120,000,000,000 until a multilateral agreement to of the United States from providing financing to a eliminate export financing programs has been com- person or for a project in a country the government pleted. (A unanimous-consent agreement was reached or central bank of which holds debt instruments of providing that the amendment, having failed to the United States. (A unanimous-consent agreement achieve 60 affirmative votes, the amendment was not was reached providing that the amendment, having agreed to.) Pages S3152–54, S3157–58 D465

VerDate Mar 15 2010 10:45 May 16, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D15MY2.REC D15MYPT1 frosa on DSK6TPTVN1PROD with DIGEST D466 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 2012 National Public Works Week: Senate agreed to S. Stein Nomination—Cloture: Senate began consid- Res. 460, designating the week of May 20 through eration of the nomination of Jeremy C. Stein, of May 26, 2012, as ‘‘National Public Works Week’’. Massachusetts, to be a Member of the Board of Gov- Page S3177 ernors of the Federal Reserve System. Page S3158 Recognizing Teachers Contributions to the A motion was entered to close further debate on United States: Senate agreed to S. Res. 461, recog- the on the nomination, and, in accordance with the nizing the teachers of the United States for their provisions of Rule XXII of the Standing Rules of contributions to the development and progress of our the Senate, a vote on cloture will occur on Thursday, Nation. Pages S3177–78 May, 17, 2012. Page S3158 Measures Considered: Powell Nomination—Cloture: Senate began con- sideration of the nomination of Jerome H. Powell, of Stop the Student Loan Interest Rate Hike Act: Maryland, to be a Member of the Board of Gov- Senate began consideration of the motion to proceed ernors of the Federal Reserve System. Pages S3158–59 to consideration of S. 2343, to amend the Higher A motion was entered to close further debate on Education Act of 1965 to extend the reduced inter- the nomination, and, in accordance with the provi- est rate for Federal Direct Stafford Loans. Page S3158 sions of Rule XXII of the Standing Rules of the Budget Resolutions—Agreement: A unanimous- Senate, a vote on cloture will occur upon disposition consent-time agreement was reached providing that of the nomination of Jeremy C. Stein, of Massachu- following Leader remarks, on Wednesday, May 16, setts, to be a Member of the Board of Governors of 2012, Senate proceed to the consideration of motions the Federal Reserve System. Page S3159 to proceed to the following budget resolutions en Nominations Received: Senate received the fol- bloc: S. Con. Res. 41, setting forth the President’s lowing nominations: budget request for the United States Government for Thomas Hart Armbruster, of New York, to be fiscal year 2013, and setting forth the appropriate Ambassador to the Republic of the Marshall Islands. budgetary levels for fiscal years 2014 through 2022; H. Con. Res. 112, establishing the budget for the David Bruce Wharton, of Virginia, to be Ambas- United States Government for fiscal year 2013 and sador to the Republic of Zimbabwe. setting forth appropriate budgetary levels for fiscal 1 Air Force nomination in the rank of general. years 2014 through 2022; S. Con. Res. 37, setting Routine lists in the Foreign Service, and Public forth the congressional budget for the United States Health Service. Pages S3178–79 Government for fiscal year 2013, and setting forth Nomination Withdrawn: Senate received notifica- the appropriate budgetary levels for fiscal years 2014 tion of withdrawal of the following nomination: through 2022; S. Con. Res. 42, setting forth the Arunava Majumdar, of California, to be Under congressional budget for the United States Govern- Secretary of Energy, which was sent to the Senate on ment for fiscal year 2013, revising the appropriate November 30, 2011. Page S3179 budgetary levels for fiscal year 2012, and setting Measures Placed on the Calendar: Page S3172 forth the appropriate budgetary levels for fiscal years 2013 through 2022; and S. Con. Res. 44, setting Measures Read the First Time: Pages S3172, S3178 forth the congressional budget for the United States Executive Communications: Pages S3172–73 Government for fiscal year 2013 and setting forth Executive Reports of Committees: Page S3174 the appropriate budgetary levels for fiscal years 2014 through 2022; that there be six hours of debate on Additional Cosponsors: Pages S3174–75 the motions to proceed, equally divided between the Statements on Introduced Bills/Resolutions: two Leaders, or their designees; that upon the use or Pages S3175–76 yielding back of time, Senate vote on the five mo- Additional Statements: Pages S3171–72 tions to proceed in the order listed above; that there be two minutes equally divided between the votes; Amendments Submitted: Pages S3176–77 that all after the first vote be ten minute votes; Not- Authorities for Committees to Meet: Page S3177 withstanding the adoption of any motion to proceed; Privileges of the Floor: Page S3177 Senate proceed to the remaining votes on motions to proceed; provided further, that at the conclusion of Record Votes: Six record votes were taken today. these votes, Senate resume consideration of the budg- (Total—96) Pages S3155, S3156, S3156–57, S3157, S3158 et resolution if a motion to proceed is adopted; if no Adjournment: Senate convened at 10 a.m. and ad- motion to proceed has been adopted, the Majority journed at 6:36 p.m., until 9:30 a.m. on Wednes- Leader be recognized. Pages S3154–55 day, May 16, 2012. (For Senate’s program, see the

VerDate Mar 15 2010 10:45 May 16, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D15MY2.REC D15MYPT1 frosa on DSK6TPTVN1PROD with DIGEST May 15, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D467 remarks of the Majority Leader in today’s Record on mean for tribes and territories, after receiving testi- page S3178.) mony from Sarah H. Ingram, Commissioner, Tax Ex- empt and Government Entities, Internal Revenue Committee Meetings Service, Department of the Treasury; Steven Maguire, Specialist in Public Finance, Government (Committees not listed did not meet) and Finance Division, Congressional Research Serv- ice, Library of Congress; Robert Odawi Porter, Sen- APPROPRIATIONS: MILITARY eca Nation of Indians, Salamanca, New York; and CONSTRUCTION AND VETERANS AFFAIRS, Lindsay G. Robertson, University of Oklahoma Col- AND RELATED AGENCIES lege of Law, Norman. Committee on Appropriations: Subcommittee on Mili- HIV/AIDS tary Construction and Veterans Affairs, and Related Agencies approved for full committee consideration Committee on Health, Education, Labor, and Pensions: an original bill making appropriations for Military Subcommittee on Primary Health and Aging con- Construction and Veterans Affairs, and Related cluded a hearing to examine the cost of HIV/AIDS Agencies for fiscal year 2013. drugs and the Prize Fund alternative, including S. 1137, to provide incentives for investment in re- APPROPRIATIONS: DEPARTMENT OF search and development for new medicines, to en- HOMELAND SECURITY hance access to new medicines, and S. 1138, to de- Committee on Appropriations: Subcommittee on Depart- link research and development incentives from drug ment of Homeland Security approved for full com- prices for new medicines to treat HIV/AIDS and to mittee consideration an original bill making appro- stimulate greater sharing of scientific knowledge, priations for the Department of Homeland Security after receiving testimony from Mohammad N. for fiscal year 2013. Akhter, District of Columbia Department of Health Director, Frank Oldham, Jr., National Association of BUSINESS MEETING People with AIDS, and James Packard Love, Knowl- Committee on Armed Services: Committee ordered favor- edge Ecology International, all of Washington, D.C.; ably reported the nominations of Frank Kendall III, Suerie Moon, Harvard Global Health Institute and of Virginia, to be Under Secretary for Acquisition, the Harvard School of Public Health, and Lawrence Technology, and Logistics, James N. Miller, Jr., of Lessig, Harvard Law School, both of Cambridge, Virginia, to be Under Secretary for Policy, Erin C. Massachusetts; and Joseph E. Stiglitz, Columbia Conaton, of the District of Columbia, to be Under University, New York, New York. Secretary for Personnel and Readiness, Kathleen H. LONG-TERM UNEMPLOYMENT Hicks, of Virginia, to be Principal Deputy Under Secretary for Policy, Jessica Lynn Wright, of Penn- Special Committee on Aging: Committee concluded a sylvania, to be Assistant Secretary for Reserve Af- hearing to examine solving the long-term unemploy- fairs, Derek H. Chollet, of Nebraska, to be Assistant ment crisis for older workers, after receiving testi- Secretary for International Security Affairs, and Heidi mony from Charles A. Jeszeck, Director, Education, Shyu, of California, to be Assistant Secretary of the Workforce, and Income Security, Government Ac- Army for Acquisition, Logistics, and Technology, all countability Office; Joseph M. Carbone, The Work- of the Department of Defense. Place, Bridgeport, Connecticut; Diana Furchtgott- Roth, Manhattan Institute, New York, New York; TAX REFORM Christine L. Owens, National Employment Law Committee on Finance: Committee concluded a hearing Project, Washington, D.C.; and Sheila Whitelaw, to examine tax reform, focusing on what it could Philadelphia, Pennsylvania.

VerDate Mar 15 2010 10:45 May 16, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15MY2.REC D15MYPT1 frosa on DSK6TPTVN1PROD with DIGEST D468 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 2012 House of Representatives Black Hills Cemetery Act: H.R. 3874, amended, Chamber Action to provide for the conveyance of eight cemeteries Public Bills and Resolutions Introduced: 41 pub- that are located on National Forest System land in lic bills, H.R. 5740–5780; and 3 resolutions, H. Black Hills National Forest, South Dakota, by a 2⁄3 Con. Res. 124; and H. Res. 657–658 were intro- yea-and-nay vote of 400 yeas to 1 nay, Roll No. duced. Pages H2712–14 251; Pages H2681–82, H2694 Additional Cosponsors: Page H2715 Agreed to amend the title so as to read: ‘‘To pro- Reports Filed: Reports were filed today as follows: vide for the conveyance of certain cemeteries that are located on National Forest System land in Black H.R. 4970, to reauthorize the Violence Against Women Act of 1994, with an amendment (H. Rept. Hills National Forest, South Dakota.’’ Page H2695 112–480, Pt. 1); HEARTH Act: H.R. 205, amended, to amend Supplemental report on H.R. 4310, to authorize the Act titled ‘‘An Act to authorize the leasing of appropriations for fiscal year 2013 for military ac- restricted Indian lands for public, religious, edu- tivities of the Department of Defense, to prescribe cational, recreational, residential, business, and other military personnel strengths for fiscal year 2013, and purposes requiring the grant of long-term leases’’, for other purposes (H. Rept. 112–479, Pt. 2); and approved August 9, 1955, to provide for Indian H. Res. 656, providing for consideration of the tribes to enter into certain leases without prior ex- bill (H.R. 4970) to reauthorize the Violence Against press approval from the Secretary of the Interior, by Women Act of 1994, and providing for consider- a 2⁄3 yea-and-nay vote of 400 yeas with none voting ation of the bill (H.R. 4310) to authorize appropria- ‘‘nay,’’ Roll No. 252; and Pages H2682–85, H2695 tions for fiscal year 2013 for military activities of the Agreed to amend the title so as to read: ‘‘To Department of Defense, to prescribe military per- amend the Act titled ‘An Act to authorize the leas- sonnel strengths for fiscal year 2013, and for other ing of restricted Indian lands for public, religious, purposes (H. Rept. 112–481). Page H2712 educational, recreational, residential, business, and Speaker: Read a letter from the Speaker wherein he other purposes requiring the grant of long-term appointed Representative Bishop (UT) to act as leases’, approved August 9, 1955, to provide for In- Speaker pro tempore for today. Page H2665 dian tribes to enter into certain leases without prior express approval from the Secretary of the Interior, Recess: The House recessed at 12:05 p.m. and re- and for other purposes.’’ Page H2695 convened at 2 p.m. Page H2665 Ambassador James R. Lilley and Congressman Recess: The House recessed at 2:14 p.m. and recon- Stephen J. Solarz North Korea Human Rights Re- vened at 4:06 p.m. Page H2667 authorization Act of 2012: H.R. 4240, amended, to Suspensions: The House agreed to suspend the rules reauthorize the North Korean Human Rights Act of and pass the following measures: 2004; and Pages H2685–87 Mobile Workforce State Income Tax Simplifica- Modifying the Department of Defense Program tion Act: H.R. 1864, amended, to limit the author- Guidance relating to the award of Post-Deploy- ity of States to tax certain income of employees for ment/Mobilization Respite Absence administrative employment duties performed in other States; absence days to members of the reserve components: Pages H2667–69 H.R. 4045, amended, to modify the Department of National Blue Alert Act of 2012: H.R. 365, to Defense Program Guidance relating to the award of encourage, enhance, and integrate Blue Alert plans Post-Deployment/Mobilization Respite Absence ad- throughout the United States in order to disseminate ministrative absence days to members of the reserve information when a law enforcement officer is seri- components to exempt any member whose qualified ously injured or killed in the line of duty, by a 2⁄3 mobilization commenced before October 1, 2011, yea-and-nay vote of 394 yeas to 1 nay, Roll No. and continued on or after that date, from the 250; Pages H2673–76, H2693–94 changes to the program guidance that took effect on Security in Bonding Act: H.R. 3534, amended, that date. Pages H2695–98 to amend title 31, United States Code, to revise re- Recess: The House recessed at 6:21 p.m. and recon- quirements related to assets pledged by a surety; vened at 6:30 p.m. Page H2693 Pages H2676–78

VerDate Mar 15 2010 10:45 May 16, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D15MY2.REC D15MYPT1 frosa on DSK6TPTVN1PROD with DIGEST May 15, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D469 Suspensions—Proceedings Postponed: The House debated the following measures under suspension of Committee Meeting the rules. Further proceedings were postponed: CHEN GUANGCHENG: HIS CASE, CAUSE, Border Tunnel Prevention Act of 2012: H.R. FAMILY, AND THOSE WHO ARE HELPING 4119, amended, to reduce the trafficking of drugs HIM and to prevent human smuggling across the South- Committee on Foreign Affairs: Subcommittee on Africa, west Border by deterring the construction and use of Global Health, and Human Rights held a hearing border tunnels; Pages H2669–73 entitled ‘‘Chen Guangcheng: His Case, Cause, Fam- Chimney Rock National Monument Establish- ily, and Those Who are Helping Him’’. Testimony was heard from public witnesses. ment Act: H.R. 2621, amended, to establish the Chimney Rock National Monument in the State of VIOLENCE AGAINST WOMEN Colorado; Pages H2678–80 REAUTHORIZATION ACT OF 2012; Amending the Mesquite Lands Act of 1986 to NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013 facilitate implementation of a multispecies habitat conservation plan: H.R. 2745, amended, to amend Committee on Rules: Granted, by a record vote of 7 to the Mesquite Lands Act of 1986 to facilitate imple- 2, a closed rule for H.R. 4970, Violence Against mentation of a multispecies habitat conservation plan Women Reauthorization Act of 2012. The rule pro- for the Virgin River in Clark County, Nevada; and vides one hour of debate equally divided and con- Pages H2680–81 trolled by the chair and ranking minority member of the Committee on the Judiciary. The rule waives Expressing the sense of the House of Representa- all points of order against consideration of the bill. tives regarding the importance of preventing the The rule provides that the amendment in the nature Government of Iran from acquiring a nuclear of a substitute recommended by the Committee on weapons capability: H. Res. 568, amended, to ex- the Judiciary now printed in the bill, as modified by press the sense of the House of Representatives re- the amendment printed in the Rules Committee re- garding the importance of preventing the Govern- port, shall be considered as adopted. The bill, as ment of Iran from acquiring a nuclear weapons capa- amended, shall be considered as read. The rule bility. Pages H2687–93 waives all points of order against provisions in the Supplemental Report: Agreed that the Committee bill, as amended. The rule provides one motion to on Armed Services be authorized to file a supple- recommit with or without instructions. mental report on H.R. 4310, to authorize appropria- The resolution further provides for a general de- tions for fiscal year 2013 for military activities of the bate rule for H.R. 4310, National Defense Author- Department of Defense, to prescribe military per- ization Act for Fiscal Year 2013. The rule provides sonnel strengths for fiscal year 2013, and for other one hour of general debate equally divided and con- purposes. Page H2693 trolled by the chair and ranking minority member Commission on International Religious Free- of the Committee on Armed Services. The rule dom—Appointment: The Chair announced the waives all points of order against consideration of the bill. Finally, the rule provides that no further con- Speaker’s appointment of the following member on sideration of the bill shall occur except pursuant to the part of the House to the Commission on Inter- a subsequent order of the House. Testimony on H.R. national Religious Freedom for a term ending May 4310 was heard from Chairman McKeon and Rep- 14, 2014: Mr. Elliot Abrams of Virginia. Page H2698 resentative Smith of Washington. Testimony on Senate Messages: Message received from the Senate H.R. 4970 was heard from Representative Gowdy, by the Clerk and subsequently presented to the LoBiondo, Griffith of Virginia, Biggert, Scott of Vir- House today and a message received from the Senate ginia, Zoe Lofgren of California, Jackson Lee of today appear on page H2693. Texas, Visclosky, Schakowsky, and Moore. Senate Referral: S. 418 was held at the desk. Page H2667 Joint Meetings Quorum Calls Votes: Three yea-and-nay votes de- POLITICAL PRISONERS IN CENTRAL ASIA veloped during the proceedings of today and appear Commission on Security and Cooperation in Europe. Com- on pages H2693–94, H2694, H2695. There were no mission received a briefing on political prisoners in quorum calls. Central Asia, focusing on Uzbekistan, Turkmenistan, Adjournment: The House met at 12 noon and ad- Kyrgyzstan, Tajikistan, and Kazakhstan from Cathy journed at 9:31 p.m. Cosman, United States Commission on International

VerDate Mar 15 2010 10:45 May 16, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D15MY2.REC D15MYPT1 frosa on DSK6TPTVN1PROD with DIGEST D470 CONGRESSIONAL RECORD — DAILY DIGEST May 15, 2012 Religious Freedom, Washington, D.C.; Sanjar ‘‘Master Sergeant Daniel L. Fedder Post Office’’, H.R. Umarov, Sunshine Coalition, Memphis, Tennessee; 3413, to designate the facility of the United States Postal and Muzaffar Suleymanov, Committee to Protect Service located at 1449 West Avenue in Bronx, New Journalists, New York, New York. York, as the ‘‘Private Isaac T. Cortes Post Office’’, and the nomination of Joseph G. Jordan, of Massachusetts, to f be Administrator for Federal Procurement Policy, Execu- COMMITTEE MEETINGS FOR WEDNESDAY, tive Office of the President, 10 a.m., SD–342. MAY 16, 2012 Committee on the Judiciary: to hold an oversight hearing to examine the Federal Bureau of Investigation, 10 a.m., (Committee meetings are open unless otherwise indicated) SD–226. Senate United States Senate Caucus on International Narcotics Con- trol: to hold hearings to examine drug threats in West Committee on Appropriations: Subcommittee on Depart- Africa, focusing on drug trafficking and United States ef- ment of the Interior, Environment, and Related Agencies, forts to counter emerging narcotics-related threats, 2:30 to hold hearings to examine proposed budget estimates p.m., SD–562. for fiscal year 2013 for the Environmental Protection Agency, 10:30 a.m., SD–124. House Subcommittee on Department of Defense, to receive a closed briefing on proposed budget estimates for fiscal Committee on Agriculture, Subcommittee on General year 2013 for Northern Command and Southern Com- Farm Commodities and Risk Management, hearing enti- mand Programs, 10:30 a.m., SVC–217. tled ‘‘Formulation of the 2012 Farm Bill: Commodity Committee on Commerce, Science, and Transportation: to Programs and Crop Insurance’’, public witness day, 10 hold an oversight hearing to examine the Federal Com- a.m., 1300 Longworth. munications Commission, 2:30 p.m., SR–253. Committee on Appropriations, Full Committee, meeting to Committee on Environment and Public Works: Sub- consider Revised Suballocation of Budget Allocations for committee on Children’s Health and Environmental Re- Fiscal Year 2013; Full Committee, markup Homeland Se- sponsibility, to hold hearings to examine growing long- curity Appropriations Bill for Fiscal Year 2013; and Mili- term value, focusing on corporate environmental responsi- tary Construction, Veterans Affairs and Related Agencies bility and innovation, 10 a.m., SD–406. Appropriations Bill for FY 2013, 10 a.m., 2359 Rayburn. Committee on Foreign Relations: to hold hearings to exam- Committee on Education and the Workforce, Subcommittee ine the nominations of Peter William Bodde, of Mary- on Early Childhood, Elementary, and Secondary Edu- land, to be Ambassador to the Federal Democratic Re- cation, hearing entitled ‘‘Exploring State Success in Ex- public of Nepal, Piper Anne Wind Campbell, of the Dis- panding Parent and Student Options’’, 10 a.m., 2175 trict of Columbia, to be Ambassador to Mongolia, and Rayburn. Dorothea-Maria Rosen, of California, to be Ambassador to Committee on Energy and Commerce, Subcommittee on the Federated States of Micronesia, all of the Department Communications and Technology, hearing entitled of State, 2:30 p.m., SD–419. ‘‘Broadband Loans and Grants’’, 10 a.m., 2123 Rayburn. Committee on Health, Education, Labor, and Pensions: to Subcommittee on Commerce, Manufacturing, and hold hearings to examine identifying opportunities for Trade, hearing entitled ‘‘Where the Jobs Are: Promoting health care delivery system reform, focusing on lessons Tourism to America’’, 10:15 a.m., 2322 Rayburn. from the front line, 10 a.m., SD–430. Full Committee, markup of H.R. 4471, the ‘‘Gasoline Committee on Homeland Security and Governmental Affairs: business meeting to consider S. 1910, to provide benefits Regulations Act of 2012’’; and H.R. 4480, the ‘‘Strategic to domestic partners of Federal employees, S. 1515, to Energy Production Act of 2012’’, 4 p.m., 2123 Rayburn. permit certain members of the United States Secret Serv- Committee on Financial Services, Subcommittee on Finan- ice and certain members of the United States Secret Serv- cial Institutions, hearing entitled ‘‘The Impact of the ice Uniformed Division who were appointed in 1984, Dodd-Frank Act: What It Means to be a Systemically 1985, or 1986 to elect to be covered under the District Important Financial Institution’’, 10 a.m., 2128 Rayburn. of Columbia Police and Firefighter Retirement and Dis- Subcommittee on Oversight and Investigations, hearing ability System in the same manner as members appointed entitled ‘‘Oversight of the Federal Deposit Insurance Cor- prior to 1984, S. 2218, to reauthorize the United States poration’s Structured Transaction Program’’, 2 p.m., 2220 Fire Administration, S. 1100, to amend title 41, United Rayburn. States Code, to prohibit inserting politics into the Federal Subcommittee on International Monetary Policy and acquisition process by prohibiting the submission of po- Trade, hearing entitled ‘‘Increasing Market Access for litical contribution information as a condition of receiving U.S. Financial Firms in China: Update on Progress of the a Federal contract, H.R. 2415, to designate the facility Strategic and Economic Dialogue’’, 2 p.m., 2128 Ray- of the United States Postal Service located at 11 Dock burn. Street in Pittston, Pennsylvania, as the ‘‘Trooper Joshua Committee on Foreign Affairs, Subcommittee on Middle D. Miller Post Office Building’’, H.R. 3220, to designate East and South Asia, hearing entitled ‘‘Assessing U.S. the facility of the United States Postal Service located at Foreign Policy Priorities and Needs Amidst Economic 170 Evergreen Square SW in Pine City, Minnesota, as the Challenges in South Asia’’, 2 p.m., 2172 Rayburn.

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Subcommittee on Oversight and Investigations, hearing Subcommittee on Federal Workforce, U.S. Postal Serv- entitled ‘‘Status of the Processing of the Camp Ashraf ice and Labor Policy, hearing entitled ‘‘Hatch Act: Op- Residents’’, 2:30 p.m., 2200 Rayburn. tions for Reform’’, 9:30 a.m., 2247 Rayburn. Committee on Homeland Security, Subcommittee on Trans- Committee on Rules, Full Committee, hearing on H.R. portation Security, hearing entitled ‘‘Access Control Point 4310, the ‘‘National Defense Authorization Act, FY Breaches at Our Nation’s Airports: Anomalies or Systemic 2013’’ (amendment testimony), 2:30 p.m., H–313 Cap- Failures?’’ 10 a.m., 311 Cannon. itol. Committee on the Judiciary, Full Committee, hearing en- Committee on Small Business, Full Committee, hearing titled ‘‘Implementation of the Leahy-Smith America In- entitled ‘‘U.S. Trade Strategy: What’s Next for Small vents Act’’, 10 a.m., 2141 Rayburn. Business Exporters?’’, 1 p.m., 2360 Rayburn. Full Committee, markup of H.R. 5512, ‘‘Divisional Committee on Transportation and Infrastructure, Sub- Realignment Act of 2012’’ and H.R. 4377, the ‘‘Respon- committee on Coast Guard and Maritime, hearing enti- sibly And Professionally Invigorating Development Act of tled ‘‘Creating American Jobs and Assuring the Safety 2012’’, 12:30 p.m., 2141 Rayburn. and Security of America’s Waterways: A Review of the Committee on Natural Resources, Full Committee, markup Coast Guard’s 5-year Capital Improvement Plan’’, 10 of the following measures: H.R. 1192, the ‘‘Soda Ash a.m., 2167 Rayburn. Royalty Extension, Job Creation, and Export Enhance- Committee on Veterans’ Affairs, Subcommittee on Health, ment Act of 2011’’; H.R. 3973, the ‘‘Native American hearing entitled ‘‘Optimizing Care for Veterans with Energy Act’’; H.R. 4043, the ‘‘Military Readiness and Prosthetics’’, 10 a.m., 334 Cannon. Southern Sea Otter Conservation Act’’; H.R. 4381, the Subcommittee on Economic Opportunity, hearing enti- ‘‘Planning for American Energy Act of 2012’’; H.R. tled ‘‘Examining Executive Order #13607 and Its Impact 4382, the ‘‘Providing Leasing Certainty for American En- and Schools and Veterans’’, 2 p.m., 340 Cannon. ergy Act of 2012’’; H.R. 4383, the ‘‘Streamlining Per- Committee on Ways and Means, Subcommittee on Over- mitting of American Energy Act of 2012’’; and H.R. sight, hearing entitled ‘‘Examining Operations and Over- 4402, the ‘‘National Strategic and Critical Minerals Pro- sight of Tax-Exempt Organizations’’, 10 a.m., 1100 duction Act of 2012’’, 10 a.m., 1324 Longworth. Longworth. Committee on Oversight and Government Reform, Sub- committee on Regulatory Affairs, Stimulus and Govern- Joint Meetings ment Spending, hearing entitled ‘‘The Obama Adminis- Joint Economic Committee: to hold hearings to examine tration’s Green Energy Gamble: What Have All the Tax- how the taxation of labor and transfer payments affect payer Subsidies Achieved?’’, 9:30 a.m., 2154 Rayburn. growth and employment, 2 p.m., SD–G50.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, May 16 10 a.m., Wednesday, May 16

Senate Chamber House Chamber Program for Wednesday: The Majority Leader will be Program for Wednesday: Consideration of H.R. recognized. Following Leader remarks, Senate will begin 4970—Violence Against Women Reauthorization Act consideration of the motions to proceed to consideration (Subject to a Rule). Begin consideration of H.R. 4310— of the following budget resolutions en bloc: S. Con. Res. National Defense Authorization Act for FY 2013 (Subject 41, H. Con. Res. 112, S. Con. Res. 37, S. Con. Res. 42, to a Rule). and S. Con. Res. 44, with up to 6 hours of debate, and vote on the motion to proceed to consideration of each resolution at approximately 4 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Gibbs, Bob, Ohio, E806 Pallone, Frank, Jr., N.J., E787 Gutierrez, Luis V., Ill., E795 Petri, Thomas E., Wisc., E793 Adams, Sandy, Fla., E795 Hanna, Richard L., N.Y., E803, E804 Pingree, Chellie, Me., E804 Barletta, Lou, Pa., E794 Hastings, Alcee L., Fla., E787, E791, E793 Rahall, Nick J., II, W.Va., E802, E806 Beniskey, Dan, Mich., E785 Heinrich, Martin, N.M., E799 Rangel, Charles B., N.Y., E792 Bilbray, Brian P., Calif., E801 Higgins, Brian, N.Y., E786, E787, E789 Richardson, Laura, Calif., E792, E793, E796 Bilirakis, Gus M., Fla., E792 Hinojosa, Rube´n, Tex., E795 Rogers, Mike, Ala., E788, E791 Capito, Shelley Moore, W.Va., E785 Hoyer, Steny H., Md., E785, E800 Ross, Dennis A., Fla., E785 Capps, Lois, Calif., E789 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E798 Runyan, Jon, N.J., E791 Cardoza, Dennis A., Calif., E789 Kaptur, Marcy, Ohio, E799 Carnahan, Russ, Mo., E786, E788 Lee, Barbara, Calif., E791 Ruppersberger, C.A. Dutch, Md., E788, E790 Coffman, Mike, Colo., E794 Levin, Sander M., Mich., E786 Rush, Bobby L., Ill., E801 Connolly, Gerald E., Va., E795, E796, E799, E800, E801 Long, Billy, Mo., E800 Austin, David, Ga., E803 DeLauro, Rosa L., Conn., E788, E793 McGovern, James P., Mass., E803 Scott, David, Ga., E790 Denham, Jeff, Calif., E794 Maloney, Carolyn B., N.Y., E802, E805 Smith, Lamar, Tex., E790 Diaz-Balart, Mario, Fla., E804 Meeks, Gregory W., N.Y., E792, E794, E795 Walberg, Tim, Mich., E803 Emerson, Jo Ann, Mo., E805 Michaud, Michael H., Me., E799 Waxman, Henry A., Calif., E802 Garamendi, John, Calif., E787 Miller, Brad, N.C., E795 Wolf, Frank R., Va., E796, E803

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